4.7. SR 06-17-2002 - Laserfiche WebLink

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Settlement Agreement This settlement agreement and release ("Agreement") is entered into this __ day of ,2002 by and between Petitioner, the City of Elk River ("City") and Dwight L. Kirkeide and Jane A. Kirkeide ("Respondents"). Recitals 1. In accordance with Chapter 117 of the Minnesota Statutes, the City has filed and served its Petition in Condemnation and Motion to Transfer Title and Possession for the purposes of acquiring by condemnation the real property and temporary construction easements described on Exhibit A hereto ("Acquired Property"). The City is acquiring the Acquired Property in order to complete certain improvements to Zane Street, including developing and establishing public roads and providing utilities including water, sanitary sewer and storm water ("Project"). 2. The Respondents are the fee owners of certain real property located in the City of Elk River, Minnesota with a post office address of 11230 173rd Avenue Northwest, Elk River, Minnesota ("Real Property"). The Acquired Property is a portion of the Real Property. 3. The City has duly and timely filed all documents necessary and required in order to acquire the Acquired Property. 4. In an effort to avoid the time and expense of litigation, the City and the Respondents desire to settle all claims relating to the City's acquisition of the Acquired Property, including all damages which the Respondents have or may have as a result of the taking. Terms of Settlement Now, therefore, for good, valuable and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, the parties stipulate and agree as tbllows: A. Transfer of Property. In exchange for the total sum of One Dollar ($1.00), Respondents agree to convey to the City the Acquired Property described on Exhibit A hereto. Respondents agree to execute any documentation reasonably necessary to convey to the City the Acquired Property. In the event that the documentation necessary to convey to the City the Acquired Property is not completed by June 1, 2002, the Respondents agree to permit the City access to the Acquired Property from and after June 1, 2002 in order to begin the construction and related activities for the Project. B. No Assessment for the Project - Exceptions. The City agrees that Respondents shall not be assessed for any portion of the Project, including municipal sewer and water. Nothing contained herein shall be construed as a waiver of the City's right to assess the Real Property in accordance with applicable laws for improvements or municipal work unrelated to the Project. In the event that Respondents or any successors in interest to the Respondents ("Respondents or Successors") seek to connect to or benefit from municipal utilities including, but not limited to sanitary sewer and/or municipal water ("Utilities"), the City shall be entitled to assess the Respondents or Successors for the Utilities. C. No Requirement to Connect to Utilities- Exceptions. The City agrees that it will not require the Respondents or Successors in interest to connect to Utilities, unless: i. Respondents or Successors seek any zoning or other approvals for the Real Property which would result in the Real Property being used for anything other than one single family residence being the principal structure together with any accessory use allowed by the zoning ordinance, or ii. Respondents or Successors establish any use on the Real Property other than one single family residence being the principal structure together any accessory uses allowed by the zoning ordinance; or iii. Any governmental authority, including but not limited to, the City or the Minnesota Department of Health, establish that Respondents or Successors need to connect to Utilities in order to protect the