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RESOLUTION 02- 34 <br />A RESOLUTION FOR THE CITY OF ELK RIVER <br /> <br />RESOLUTION CANCELING THE 1999 EAST ELK RIVER IMPROVEMENT <br />SPECIAL ASSESSMENTS LEVIED AGAINST CERTAIN CARGILL, <br />INCORPORATED PROPERTY <br /> <br />WHEREAS, The City Council, on December 3, 1998, adopted a resolution levying <br />assessments against a number or properties for the East Elk River Improvement Project; <br />and <br /> <br />WHEREAS, among those properties assessed were the parcels described below owned by <br />Cargill, Incorporated ("Cargill"); and <br /> <br />WHEREAS, Cargill appealed the assessments described below to Sherburne CountY <br />District Court pursuant to Minnesota Statutes, Chapter 429; and <br /> <br />WHEREAS, the CitY and Cargill have been engaged in negotiations to settle Cargill's special <br />assessment appeal since shortly after the appeal was filed; and <br /> <br />WHEREAS, the City and Cargill entered into a settlement agreement, effective August 31, <br />2000, which addresses a number of issues between the parties, and provides that the special <br />assessments described below will be cancelled if Cargill meets certain conditions; and <br /> <br />WHEREAS, Cargill has met the conditions for cancellation of the assessments; <br /> <br />NOW, THEREFORE, BE IT RESOLVED: That the 1999 East Elk River <br />Improvement assessments levied against Cargill, Incorporated on the following properties be <br />cancelled effective with the installment due in 2002, and that all previous payments on the <br />assessments made by Cargill be refunded: <br /> <br />Parcel Original Assessment <br />75-011-1401 $205,320.00 <br />75-011-2400 149,100.00 <br />74-012-2000 6,300.00 <br /> <br />ATTEST: <br /> <br />Sandra A. Peine, City Clerk <br /> <br /> <br />