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<br />ST ATE OF MINNESOT A <br /> <br />DISTRICT COURT <br /> <br />COUNTY OF SHERBURNE <br /> <br />TENTH JUDICIAL DISTRICT <br /> <br />CASE TYPE: OTHER CIVIL AND <br />INVERSE CONDEMNATION <br /> <br />Ronnie Halpaus and Yvonne Halpaus, <br /> <br />Court File No. 02-12929 <br /> <br />Plaintiffs, <br /> <br />vs. <br /> <br />SETTLEMENT AGREEMENT <br />AND RELEASE <br /> <br />Windsor Development, LLP., a Minnesota <br />limited liability partnership; Windsor <br />Development of Minnesota, LLP., a Minnesota <br />limited liability partnership, and The City of Elk <br />River, a municipal corporation, <br /> <br />Defendants. <br /> <br />This Settlement Agreement and Release (Settlement Agreement) is entered into by and <br /> <br />between Plaintiffs Ronnie Halpaus and Yvonne Halpaus (Plaintiffs) and Defendants Windsor <br /> <br />Development LLP (Windsor) and the City of Elk River (City) (collectively the Defendants) <br /> <br />(Plaintiff and Defendants are collectively referred to as the Parties): <br /> <br />WHEREAS, Plaintiffs represent and warrant to Defendants that they are the fee owners <br /> <br />of the real property located at 19563 Lander Street NW, Elk River, Minnesota, in the County of <br /> <br />Sherburne, State of Minnesota, legally described as Lot 14, Block I, M-Vale Addition (the <br /> <br />"Property") . <br /> <br />WHEREAS, Plaintiffs filed suit against Defendants in an action entitled Ronnie Halpaus, <br /> <br />et al. v. Windsor Development LLP, et aI., Court File No. 02-12929 (the Action), in Sherburne <br /> <br />County, in which Plaintiffs asserted claims of inverse condemnation, trespass, nuisance, and <br /> <br />I <br />