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". <br /> % <br /> 2. On April 10,2013,Document No.A09935364,a Permanent Tree Stand and Native <br /> Grassland Preservation and Conservation Easement,was recorded against the Property and an <br /> adjoining tract of property(the"Conservation Easement"). <br /> 3. On or about November 15,2013,Plaintiffs initiated the above-captioned action <br /> against Defendants,which is currently pending before the Hennepin County District Court as Court <br /> File No.27-CV-13-17416(the"Litigation"),challenging,among other things,the validity of the <br /> Conservation Easement on the Property. <br /> 4. Plaintiffs seek a judgment declaring that the Conservation Easement and <br /> subdivision of the Property from the adjoining tract are invalid and damages for a taking of private . <br /> property without just compensation in violation of the United States and Minnesota Constitutions, <br /> 5. The City will initiate the process to vacate the portion of the Conservation Easement <br /> granted by Document No.A09935364 across the Property within 45 days of the date of this <br /> Stipulation in accordance with the procedures set forth in Minn. Stat. §412.851 by a Resolution <br /> vacating the easement substantially in the form attached hereto as Exhibit A(the Resolution). <br /> 6. Upon vacation of the Conservation Easement in accordance with paragraph 5 above, <br /> all claims and requests for relief by Plaintiffs against the City in the Litigation shall be dismissed <br /> with prejudice with no damages,costs,disbursements or attorneys' fees to either party and the City <br /> shall be dismissed as a party to the Litigation. In the event,the City does not approve Vacation of <br /> the Conservation Easement within the time described above,this Stipulation shall be null and void. <br /> [Signature Page to Follow] <br /> 2 <br />