02-034 RES RESOLUTION 02- 34
A RESOLUTION FOR THE CITY OF ELK RIVER
RESOLUTION CANCELING THE 1999 EAST ELK RIVER IMPROVEMENT
SPECIAL ASSESSMENTS LEVIED AGAINST CERTAIN CARGILL,
INCORPORATED PROPERTY
WHEREAS, The City Council, on December 3, 1998, adopted a resolution levying
assessments against a number or properties for the East Elk River Improvement Project;
and
WHEREAS, among those properties assessed were the parcels described below owned by
Cargill, Incorporated ("Cargill"); and
WHEREAS, Cargill appealed the assessments described below to Sherburne CountY
District Court pursuant to Minnesota Statutes, Chapter 429; and
WHEREAS, the CitY and Cargill have been engaged in negotiations to settle Cargill's special
assessment appeal since shortly after the appeal was filed; and
WHEREAS, the City and Cargill entered into a settlement agreement, effective August 31,
2000, which addresses a number of issues between the parties, and provides that the special
assessments described below will be cancelled if Cargill meets certain conditions; and
WHEREAS, Cargill has met the conditions for cancellation of the assessments;
NOW, THEREFORE, BE IT RESOLVED: That the 1999 East Elk River
Improvement assessments levied against Cargill, Incorporated on the following properties be
cancelled effective with the installment due in 2002, and that all previous payments on the
assessments made by Cargill be refunded:
Parcel Original Assessment
75-011-1401 $205,320.00
75-011-2400 149,100.00
74-012-2000 6,300.00
ATTEST:
Sandra A. Peine, City Clerk