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07/09/2012 Council Packet
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07/09/2012 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/09/2012
Council Meeting Type
Regular
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SEI1LEMENT AGREEMENT. <br />Frank Kern et al., Plaintiffs, vs. Marlin Hansen et al., <br />Defendants; Court File No. C3 -91 -3711, Tenth Judicial <br />District, District Court of Minnesota. <br />Page 2 of 5 <br />Adamson agree that all 18 Plaintiffs will have unrestricted access <br />_ <br />to the private bridge and roadup to and including that portion of ) <br />the road which abuts the easement area referenced in Paragraph 2 j <br />below and which access is necessary to access the easement area. , <br />2. Ronald and Robert Adamson agree to construct or provide <br />a dock that meets the Minnesota Department of Natural Resource's <br />permit specifications, dated August 16, 1991 (Attachment B). <br />Ronald and Robert Adamson agree to grant to all Plaintiffs a <br />non;exolu.sive easement over the private bridge and that part of the <br />private road necessary to access the dock. Marlin Hansen agrees to <br />grant to all Zia intiffs an exclusive easement (described in <br />Attachment C),rupon the filing with the Anoka County Recorder of <br />the plat of Oik Brook Peninsula.' Both easements are for the <br />benefit of each Plaintiffs' current residential property and will <br />_run with those properties. Ronald and Robert Adamson and Marlin <br />Hansen agree to allow the Plaintiffs to improve the exclusive <br />easement area in any manner the Plaintiffs desire. <br />3. Ronald and Robert Adamson agree rto make any repairs <br />required by the Lino Lakes City Engineer,1as specified in the <br />Development Agreement for Oak Brook Peninsula by and between the <br />City of Lino Lakes and Ronald and Robert Adamson,`for any damage. to <br />Otter Lake Drive which is caused by the construction of the private <br />road, bridge, and /or homes in Oak Brook Peninsula. Ronald' and <br />Robert Adamson agree to make such repairs within 30 days after any <br />repairs are required by the Lino Lakes City Engineer. Ronald and <br />Robert Adamson, and their. successors and assigns, agree to accept <br />responsibility for such repairs regardless of who actually <br />constructs the road, bridge, or homes in Oak Brook Peninsula. <br />Ronald and Robert Adamson agree to make repairs that are equal to <br />the - current condition of the road. <br />'4. Ronald and Robert Adamson acknowledge the legal and <br />binding validity of the Protective Covenants of Otter Lake Estates, <br />as currently on file with Anoka Colanty i-<- ,Ranalirand 015.e°rt.A ,damson <br />agree and acknowledge- .that..,to -.the. _extent they own property in Otter <br />.Lake Estates.,_ then they, and_ their successors and assigns, bec_o me <br />bound ...parties_...tQ_... these covenants.._ b_y__._purchaslrrg� °ari -` ease a it or <br />*operrty in Otter Lake Estates from Marlin Fr'anserr:-- ~------ .- -----� <br />�.. _.. <br />5. Marlin Hansen acknowledges the legal and binding validity <br />of the Protective Covenants of Otter Lake Estates, as currently on <br />
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