11-20-1995 Planning Packet - Laserfiche WebLink

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