Laserfiche WebLink
Minnesota Constitution, and claiming the MCWD’s actions were contrary to a restrictive <br />covenant on their land; <br />WHEREAS, the parties believe it prudent to avoid further litigation and administrative <br />action to resolve their differences by agreeing to a revised design and consuuction schedule <br />of the two phases desciiheJ above: and. <br />WHEREAS, the parties have agreed to a full settlement of all issues in dispute <br />between them; <br />NOW. THEREFORE, in consideration of the mutual promises made in this Settlement <br />Agreement, the MCWD and the Pearces do agree as follows: <br />1. Granting of an Easement. The Pearces hereby agree to grant to the MCWD. <br />pursuant to the terms and conditions set forth below, a permanent easement to construct. <br />operate, and maintain a wetland detention basin on the property described and identified in <br />Exhibit 1 attached to this Agreement. This wetland detention basin shall be located in an <br />area identified in Exhibit 2 attached to this Agreement and is referred to hereafter as the <br />Easement Area. The MCWD, within 30 days after the Ettcctive Date, shall cause a survey, <br />mutually acceptable to the MCWD and the Pearces, by a registered land surveyor selected and <br />paid lor by the MCWD. to be completed to identify the precise boundaries of and providing a <br />legal description for the Easement Area., <br />2. Easement Docum entation . The parties agree to execute on the Conveyance <br />Date (as defined in Section 8 below) a separate easement agreement in the form attached <br />hereto as Exhibit 3. incorporated herein by reference (the "Easement Agreement"), to be filed <br />and recorded in the Office of the Hennepin County Registrar of Titles. The MCWD, at its <br />537/22080000 5/23/95