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Last modified
7/17/2007 2:12:04 PM
Creation date
6/30/2005 11:24:59 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
3457
Planning Files - Type
Planned Unit Development
Project Name
UNITED PROPERTIES
Applicant
UNITED PROPERTIES
Status
Approved
Additional Information
APPLEWOOD POINTE
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<br />SETTLEMENT AGREEMENT <br /> <br />The City of Roseville ("City") and Terrace Park, LLC ("Terrace Park") hereby <br />enter into this Settlement Agreement on the latest date of the signatures set forth below. <br /> <br />WHEREAS, the City is developing property adjacent to the Terrace Park <br />Apartments, which are owned by Terrace Park; and <br /> <br />WHEREAS, the City needed to construct a walking path and sidewalk on Terrace <br />Park Apartment property and sought to obtain a pennanent easement for that purpose; <br />and <br /> <br />WHEREAS, the City and Terrace Park could not agree on compensation for the <br />easement; and <br /> <br />WHEREAS, the City served notice of its intent to COlmnence an eminent domain <br />action against Terrace Park, as well as other Respondents, in order to obtain the <br />easement; and <br /> <br />WHEREAS, the City and Terrace Park wish to settle all claims between them in <br />order to avoid costly litigation. <br /> <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, <br />the sufficiency of which is hereby acknowledged by all parties, the City and Terrace Park <br />agree as follows: <br /> <br />1. The legal descriptions of the land owned by Terrace Park and being <br />appropriated for a pennanent pathway and sidewalk easement in favor of the City are <br />contained in Exhibit A. <br /> <br />2. The City shall pay Terrace Park $30,000 in a lump sum check made <br />payable to Terrace Park, LLC within 30 days of the date of this Settlement Agreement. <br /> <br />3. Terrace Park shall convey a permanent pathway and sidewalk easement in a <br />fonn acceptable to the City for the property described in Paragraph 1 above. <br /> <br />4. The City and Terrace Park, and their respective officers, agents and assigns, <br />hereby release each other from any and all claims arising out of or related to the <br />condemnation of the land described in Paragraph 1 above. <br /> <br />5. The City and Terrace Park acknowledge that there are no covenants, <br />promises, representations or undertakings outside of this Settlement Agreement. <br />
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