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<br />City. <br /> <br />C. Vacation of Riqht-of-Wav. Upon execution of this . <br />Agreement by all parties, the City shall schedule a <br />public hearing to vacate the excess right-of-way <br />described on Exhibit 2 attached hereto. Upon completion <br />of the public hearing the City shall forward a copy of <br />the appropriate resolution to Grantor. <br /> <br />D. Variance. Upon execution of this Agreement by all <br />parties, the City shall schedule an appropriate hearing <br />to consider the granting of a variance as necessary to <br />acknowledge the existence of Grantor's home in <br />relationship to the revised right-of-way for Oak Avenue. <br />Upon approval of the var~ance, the City shall provide <br />Grantor with a copy of the appropriate resolution. <br /> <br />E. Recordinq. The City shall record the grant of easement, <br />the resolution vacating the excess right-of-way and the <br />resolution approving the variance. <br /> <br />4.0 Miscellaneous <br /> <br />A. Release of Claims. The parties hereby fully and forever <br />release, acquit and discharge each other, their <br />successors and assigns, from any and all pas, present or <br />future claims, of whatever kind or nature, arising from <br />the construction of the Project and the acquisition of . <br />easements in connection therewith. <br /> <br />B. Compromise of Disputed Claims. The parties understand <br />and agree that this settlement ~s the compromise of a <br />disputed claim and that the agreement of the parties and <br />the payments described herein are not to be construed as <br />an admission of liability by either party. Upon receipt <br />of the grant of easement properly executed by Grantor, <br />the City shall prepare and forward a payment check in the <br />sum of $4,000.00 to Grantor. <br /> <br />C. Complete Aqreement. This Settlement Agreement contains <br />the entire agreement between the parties and the terms of <br />the Settlement Agreement are contractual and are not <br />merely recitals. <br /> <br />D. Review. The parties each state that they have carefully <br />read this Settlement Agreement, understand the contents <br />hereof, and have signed the same as their own free act <br />and deed. <br /> <br />E. Counterparts. This Settlement Agreement may be executed <br />by the parties in two counterparts, each of which, taken <br />together, shall be deemed one original and one fully <br />executed counterpart shall be distributed to each party. <br /> <br />. <br />