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10/08/99 12:02 LAW OFFICES 2140 4TH AUE 4 651 982 2499 Linda Waite Smith October 8, 1999 Page 3 NO.480 PO4 work with or cooperate with Mr. Vaughan at a staff level regarding future proposed development of the "island." It was understood by all parties that residential development of the "island" would require permits and approvals from government agencies other than the City of Lino Lakes. Further, it was understood that residential development of the "island" would require a rezone or a PDO and we cannot commit the City Council to approve such applications when and if they come before the Council. (7) Mr. Vaughan agreed to convey to the City such additional land as may be necessary so as to bring the total acreage involved in the acquisition into compliance with the original agreement between Lino Lakes, Anoka County and the Metropolitan Council. (8) The City also agreed to request that Anoka County reconvey a small parcel of land in the west corner of the East Parcel near the Forest Lane cul -de -sac. There was no default provision attached to this term. As I indicated above, these terms were placed on the record before the judge during the trial. The jury was sent home and the case dismissed. Therefore, this is an enforceable contract and is binding upon both parties. IMPLEMENTATION OF THE SETTLEMENT AGREEMENT In order to implement the settlement, we contacted the appropriate Anoka County officials and made them aware of the terms of the settlement and of our requests. Additionally, Brian Wessel, John Powell and myself met on more than one occasion with various County officials including Dan Klint of the Anoka County Attorney's Office, Jon VonDeLinde, the Director of Anoka County Parks, Ron Cox, Anoka County Parks and Larry Hoyum, the Anoka County Surveyor. Anoka County agreed to reconvey to the City four tracts of land. All four tracts are located in the East Parcel. The County agreed to reconvey to the City the two "fingers" in the East Parcel as well as two strips of land along the edges of the East Parcel. The effect of the reconveyance of the four parcels is to eliminate all encroachments. Consequently, the Tots proposed by Mr. Vaughan in his preliminary plat return to their original configuration. There are no encroachments and there is no right - of-way problem related to any proposed roads. As a result, none of the default provisions are activated and the City is not obligated to pay Mr. Vaughan any additional compensation. Anoka County did not want to adjust the West Parcel in any form. Anoka County did not agree to reconvey the small wedge of property located near the Forest Lane cul- de -sac. Anoka County did not request that Mr. Vaughan convey back any property in order to bring the project into compliance with the agreement with the Metropolitan Council. Anoka County was strongly opposed to involving the Metropolitan Council in this process. We were very grateful that Anoka County was gracious enough to reconvey the four parcels discussed and alleviate the encroachment problems. With respect to the "island," I had our surveyor stake the boundary lines and verify that the