The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1932-12-16

ulIlS IOI VlguC-Ol-Wdy dCrOSSS IuS
property in the amount of 5000 co.
and that upon delivery of the
necessary Instruments and COM
veyances, the City Clerk be auth
orized to draw warrant in that
amount.
Respectfully submitted,
The COMMITTEE of the Whole,
By IVAN TAUzEIL, Chairman.
Moved by Alderman Koschak. sup
ported by Alderman Homer, that the
report of the Committee of the Whole
be accepted and filed, and the recon-
mendations carried out. Carried.
Copy of the letter from Jenswold
Jenswold & DAZZLE and VIM. A. Watts to
MIR. Philip Stone, special counsel for the
city as follows:
Duluth Minnesota,
October %, 1892
Philip M Stone, Esq,
First National Bank Building,
Virginia, Minnesota
Re: William Desjardins VS. City of Ely
Dear Sir:
Your letter of the 25th inst. received
To save further delay and expense OF
litigation and as a compromise settle
ment of all matters now or heretofore
in litigation between the City of Ely
and Mr.. Desjardins, he submits the
following proposition for its speedy ac-
ceptance:
For 100000, Mr. Desjardins and his
wife will convey to the City lots / and
2, Shagawa Plat, subject to mineral
reservations heretofore made and duly
appearing of record, excepting and re-
serving over the following described
portion of said Lot / a right-of-way
and easement for highway purposes, in
the future, to dedicate such easement
to the public for highway purposes with
the same force and effect as though
such dedication had been made, to-
wit:
All that part of said Lot ! lying
southerly of a line commencing at the
point on the northerly line of
Shagawa Lane, according to Shay
ava Plat, where the same would
be intersected by the boundary line
between Lots 4 and of said plat
were such boundary line continued
in a straight line to said northerly
line of Shagawa Lane, and point
on the section line between Sec
tons 80 and 80, Township So
North of Range IL West, fifty feet
north of the point of intersection
of said section line and the norther-
ly line of said Shagawa Lane.
Mr.. Desjardins and his wife will also
release the City Of Ely from all damages
whether directly or indirectly arising
from the pending condemnation pro-
ceeding, as well as the construction, OPP
Grafton and maintenance of the water
line and electric transmission line over
their lands 1t Is understood that this
includes all lands owned by Mr.. and
Mrs. Desjardins whether mentioned
other premises, all lands in Shagawa
other premises, all lands nj Shagawa
Plat and elsewhere and covers any
type of damage, whether from unlawful
OA1uy, bidoeA1iS, eSoFoNoos SoA1AtSAAk9ooOAy u
consequential or other type of damage
If this proposition is accepted, the City
is therefore assured that it is Mr.. Des-
jardins' intention that it shall relieve
the City from all claims for damages
arising from its actions in connection
with the matter referred to.
After the fifty-foot strip across Gov
eminent Lots and 2 and the South
west Quarter of Northeast Quarter, all
in Section 32-63-12, was cleared, Mr.
Desjardins sold a portion of said lands,
including this strip, reserving in his
deed "all rights to the payment Of any
damages accruing or TO accrue by reason
of the proceedings taken, or that may be
taken, by the City of Ely, Minnesota,
to acquire right-of-way or easement
upon, through, or under the soil Of
said tracts of land herein described
for the purpose Of installing or con-
structing a water line and electric
power line" Under this reservation,
no one but Mr.. Desjardins can, We
believe, ever assert any claim for
damages to this property in Section
80 by reason of the water and power
lines and his proposition includes the
surrender and release of all such
claims. He and his wife win also give