Agenda - Council - 07/22/2008 - Laserfiche WebLink

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said Respondents attorney, [:eland !.. Frankman In addition to the S36,1.0U.00 payment. the City shall also pay SQ the said $cspondcnis $1,504.00 as roimbursemont -for their appraisal fees.. as required by Minnesota Statute. ?. Curb Cuts Pcrrnifted. Parcel 1 legally .described in the Petition herein (the "Subject Property'), so long as .it is not subdivided shall bet pertnittcd by the C-ty to have two driveways or curb cuts and one may be from thc~ new road that will be constructed as a result of this eminent domain action. 3. Accessory f3uildlnes. Kaas shall be permitted to aonstruet sn accessory building(s). on the Subject Property subject to applicable City code having a maximum total area of accessory buildings na greater than 2'.064 squnre fee! so long. as the Subject Property is not subdivided. The existing garage un the Subject. Property shall• be considered when computing the ?,U(4 square Poet maximum. This righC to construct:.up to 2,064 square feet on the Subject Propc:riy shall run with the. land if the Subject Pmpcrty~ is sold, but only if the Subject Property is not subdivided: , 4. S;d~ Yard Setbacks. Any' accessory buildings built vn .the S~ubjeci. pt'operty shall have minimum ten foal. side yard setbacks. g; Poult Since 'the Kaas family. had pnultry on the Subject Property prior tc htay.3l, . 2002. they may .continue to .have 50 .poultry on Subject Property as a preexisting condition sa lgng as no nuisance is cxeated by the poultry and so Ivpg as the Subject Property is not subdivided. 6. No Special Assesxmcents. So long as thorc is no subdivision of the SubjccYProperty, the City will' not Specially assess the Subject Property for any street irrtprovement of 16.0tl1 Lane on the permanent easement. at:quired by the City lts thix eminent domain, proceeding. 7. GnCi___„_r___e Agreement. This Settletitent AgrcGmont, along with tho Stipulation of Dismissal attached hereto as.Bxhibit A, cunstitutc the enure agr~eemcnt between•the parties with respect to the subject matter hereof as of the date heron: The parties have no written or - oral agreements extending beyond the terms contained herein. 8. t~cQal Counsel The parties hereto. warrant and represoat. that'thcy have cnnsultrrd with and received advice from legal counsel of their choice with respect to -this Agreement. 9. Gaveraine t.aw. 'I'ltis Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. BEgPOMt)ENTS ~/~ Bated: February ,~._., 2005 --,~-~------ Fr eels J. Kaas Og ~ UL~ t• ~ ~ I~~Q.Gt.i? lasted: February 1 , 20 Lorri~ M: Kaas -123-