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03/11/2008 Resolutions 2008-93RESOLUTION 2008-93 WHEREAS, the City of Grand Island, Nebraska condemned certain real estate belonging to Sapp Bros. Petroleum, Inc. as successor in interest to Poland Oil, Inc.; and WHEREAS, Sapp Bros. Petroleum, Inc appealed the award of appraisers to the Hall County District Court; and WHEREAS, a settlement has been negotiated that is fair and reasonable; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the settlement is approved and the Mayor is authorized to sign the settlement agreement which provides, in pertinent part: That the Forty Thousand Seven Hundred Eighty Five Dollars ($40,785.00) deposited with the Hall County Court in Case No. CI07-4107, together with any interest accrued thereon, may be released to Sapp Bros. Petroleum, Inc. The City of Grand Island, Nebraska, shall pay to Sapp Bros. Petroleum, Inc., the additional sum of Forty Four Thousand Seven Hundred Fifty Eight Dollars ($44,758.00) in full and complete settlement of all claims and damages arising out of the public taking of the subject property. Each party shall be responsible for its own costs and attorneys fees and no additional interest will be due on the settlement except the interest that has accrued on the amount deposited in County Court. Nothing in this Stipulation is intended to affect the Ciry of Grand Island's ability to specially assess the adjoining real estate for street improvements. Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2008. Mitchell Nickerson, President Grand Island City Council Attest: ~o~ a~~«1~~~~- RaNae Edwards, City Clerk Approved as to Form n _ ~ March 10, 2008 b City Attorney