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HomeMy WebLinkAbout07-086 Settle Vetter Lawsuit A RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT FOR THE VETTER LAWSUIT COURT FILE NO. 70-CV-06-17439 Motion By: Millar Second By: Hedberg In 2001, the Vetters installed a fence and landscaping on their property at 5780 150th Street within the City's drainage and utility easement; and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, On August 29, 2007 the City Attorney directed the Vetters to cease and desist construction of the fence; and The fence was constructed despite the City's objection and placement of this fence restricted the City's ability to access and maintain the 150th Street lift station; and The City of Prior Lake commenced legal action against the Vetters to have the fence and landscaping removed; and On April 6, 2007, the City and Vetters agreed on a mediated settlement; and The Vetters have granted the City an Irrevocable Driveway Access License to access and maintain the lift station. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Manager is authorized to execute the Settlement Agreement with the Vetters 3. The City Attorney is directed to discontinue litigation against the Vetters related to Court File No. 70-CV-06-17439. PASSED AND ADOPTED THIS 7th DAY OF MAY 2007. YES NO Haugen X Haugen Erickson X Erickson Hedberg X Hedberg LeMair X LeMair Millar X Millar I:\COUNCIL\RESOLUTI\ENG&PW RES\2007\07-086 Vetter Lawsuit.doc www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245