Agenda - Council - 07/08/2008 - Laserfiche WebLink

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said Respondents attorney, Leland J., Frankman In addition to the 536,1.00.00 payment. the City shall also pay to the said Respondents $1,500,00 as reimbursement for their appraisal fees, as required by Minnesota Statute. 2. Curb Cuts Permitted. Parcel 1 legally described in the Petition herein (the "Subject Property'"), so long as it is not subdivided shall be permitted by the City to have two driveways or curb cuts and one may be from the new road that will be constructed as a result af this eminent domain action. 3 Accessory Buntlines. Kaas shall be permitted to construct an accessory building(s) en the Subject Property subject to applicable City code having a maximum total area of accessory buildings no greater than 2,064 square feet so long as the Subject Property is not subdivided. The existing garage on the Subject. Property shall be considered when computing the 2,064 square feet maximum. This right to construct. up to 2,064 square feet on the Subject Property shall run with the land if the Subject Property- is sold, but only if the Subject. Property is not subdivided. 4, Side Yard Setbacks. Any accessory buildings built on the Subject. Property shall have minimum ten foot side yard setbacks. g, Poult , Since the Kaas family had poultry on the Subject Property prior to May 31, 2002, they may continue to have 50 poultry on Subject Property as a preexisting condition so long as no nuisance is created by the poultry and so long as the Subject Property is not subdivided. 6. No Special Assessments. So long as there is no subdivision of the Subject Property, the City will not specially assess the Subject Property for any street improvement of t60 Lane on the permanent easement. acquired by the City in this eminent domainproceeding. 7, Entire Agreement, This Settlement Agreement, along with the Stipulation of Dismissal attached hereto as Exhibit A, constitute the entire agreement between the parties with respect to the subject matter . hereof as of the date hereof. The parties have no written or oral agreements extending beyond the terms contained herein. $. Leeal Counsel The parties hereto warrant and represent that they have consulted with and received advice from legal counsel of their choice with respect to this Agreement. 9, GovernMi Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Dated: February , 2005 J Dated: February ) , 2005 k GtC,t Lorri M. Kaas 2 RESPONDENTS