6.5. SR 02-22-2000 - Laserfiche WebLink

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Full and Final Settlement Agreement Between the City of Elk River and Ronald Guenther (Court File No. C8 99-618) February22, 2000 This settlement agreement is entered into this 22 day of February, 2000 between the City of Elk River ("Citf') and Ronald Guenther ("Guenther'). Recitals The City has commenced an action in Sherburne County District Court (Court file no. C8 99-618) ("Action") for the purpose of acquiring certain real property owned by Guenther consisting of 3.77 acres located within the City of Elk River and legally described in the City's Petition in Condemnation ("Property"). In the Action, the City is further acquiring a temporary easement as more fully set forth in the City's Petition in Condemnation. The City and Guenther desire to fully and finally settle all disputes pertaining to the Property and avoid further litigation Settlement 1. Upon approval by the City Council, the City will pay to Guenther the total sum of Seventy Thousand Dollars ($70,000) for the acquisition of all interests in the Property described in the City's Petition in Condemnation. This sum shall be inclusive of all sums currently on deposit with the Sherburne County District Court for this Action. It is the intent of the parties hereto that the City pay no more than the total sum of $70,000 for the Property. 2. Upon payment as set forth above in Paragraph 1, Guenther agrees to fully and finally release the City and the City's staff, attorneys, representative, agents, appraisers and council members, from any and all liability pertaining to the Action, the Real Property and the City's acquisition of the Real Property. Upon payment, Guenther agrees to waive any claim he has or may have pertaining to the Property. 3. If necessary, Guenther agrees to execute any documentation which is or may be necessary to transfer all rights to the Property to the City as more fully set forth in the City's Petition in Condemnation for this Action.