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<br />SETTLEMENT AND RELEASE AGREEMENT <br /> <br />1.0 Parties. This Settlement and Release Agreement ( "Agreementll ) IS <br />entered into by and between the City of Arden Hills, a Minnesota statutory city <br />( "(ityll); and James Rechtiene and Julie Rechtiene (collectively herein <br />"Rechtienes" ). <br /> <br />2.0 Recitals. <br /> <br />A. Rechtienes are the owners of the following described real property <br />( I'Property" ) situated in Arden Hills, Minnesota: <br /> <br />Lot I, Block 8, Josephine Hills, Plat No.2 <br /> <br />B. In 2007, the Rechtienes hired a contractor to install a new driveway <br />to serve the Property ( "Rechtiene Driveway" ). <br /> <br />c. Shortly after the Rechtiene Driveway was installed, the City had to <br />repair a City watermain segment. <br /> <br />D. The City watermain segment was located within the unimproved <br />portion of the right-of-way adjacent to the Property and below the <br />Rechtiene Driveway. <br /> <br />E. A portion of the Rechtiene Driveway was saw cut, removed and <br />patched by the City after the watermain segment was repaired <br />( "Project" ). <br /> <br />F. The Rechtienes contractor would not warrant the Rechtiene <br />Driveway because the City had removed and patched a section of <br />the Rechtiene Driveway and, in order to obtain the warranty, the <br />