Laserfiche WebLink
2 <br /> <br />WHEREAS, SNL owns a single-family home at 13002 Island View Drive, Elk River, <br />Minnesota, which is located on the southern half of Lot 6 and Lots 7 -10, Block 5 of Westwood <br />Subdivision; and <br />WHEREAS, the western border of Westwood Subdivision also constitutes the western <br />edge of Western Avenue, which was dedicated as part of the Westwood Subdivision plat as a <br />dedicated public right-of-way by dedication language contained on the Plat, which states, in <br />relevant part, “hereby dedicate to the public and for the public use forever all avenues, streets, <br />park, and Outlot A.”; and <br />WHEREAS, pursuant to the Plat dedication, the City holds an easement for the public over <br />Western Avenue for a public right-of-way known as Western Avenue (“Right-of-Way”); and <br /> WHEREAS, SNL owns property that is both adjacent and subservient to the Right-of-Way; <br />and <br />WHEREAS, the use of Western Avenue is the subject of the Lawsuit; and <br /> WHEREAS, the Parties have agreed to settle all potential and existing disputes between <br />them, including those claims, defenses and allegations in the Lawsuit in accordance with the terms <br />of this Contingent Settlement Agreement (“Agreement”). <br /> NOW, THEREFORE, in consideration of the mutual promises, agreements, and covenants <br />contained herein, Plaintiffs John and Elaine Dryer and Defendants City of Elk River and S NL <br />Island View Properties, LLC (hereinafter collectively, “Parties,” or individually “Party”) hereby <br />mutually agree as follows: <br /> 1. INCORPORATION. The above recitals are incorporated into this Agreement as if <br />fully stated herein. <br />