HomeMy WebLinkAbout12.a. Novacek Assessment Appeal SettlementSETTLEMENT AGREEMENT
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This Agreement is made and entered into as of May 21, 2009 by George A. Novacek and Judy
L. Novacek, Petitioner, (Novacek) and the City of Rosemount, Respondent (City). This
Settlement Agreement is contingent upon City Council approval, which approval will be
sought no later than June 2, 2009.
WHEREAS City originally assessed the Novacek property with an assessment in the amount
of $54,930 for certain improvements related to City Project No. 387 -Old County Road
38/132 Court West Street and Utility Improvements (the "Project
WHEREAS on May 19, 2009 the City revised the assessment to $35,000. Novacek appealed
the original assessment.
WHEREAS, the parties engaged in mediation on May 21, 2009 and reach the following
agreements:
1. Novacek will consent to an assessment in the amount of $31,000 as the original
assessment and assurance from City that a public access right of way easement will be
established on the east boundary of the Novacek property substantially in the form as
depicted on the attached Exhibit sketch.
2. The City was represented in the mediation by its City Attorney Mary Tietjen and
City Engineer Andrew Brotzler. For this Settlement Agreement to be effective the
City Council must approve its terms. The City Attorney and City Engineer shall
submit the Settlement Agreement to the City Council on June 2, 2009 along with their
recommendation that the City accept and agree to the terms set forth in Paragraph 1.
3. The City Attorney and City Engineer will also recommend to the City council, that in
the event the Council does not approve the settlement, that the City not object to a
request for a continuance of the trial date currently set for June 15, 2009.
4. If the City Council approves the settlement set forth above, both parties authorize and
direct their attorneys to dismiss with prejudice the assessment appeal.
5. In entering into this Settlement Agreement the parties represent that they have relied
upon the advice of their attorney, who is the attorney of their choice, concerning the
legal consequences of the Settlement Agreement; that the terms of the Settlement
Agreement have been completely read and explained to the parties by their attorney;
and that the terms of this Settlement Agreement are fully understood and voluntarily
accepted by the parties.
George ovack
City of Rosemount
Mary Tietjen its City Attorney
By
Andrew Brotzler its City Engineer
J.
Judy L. Novacek
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36TH
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