#122 03-20-62 Accept Adeline Terrace Agreementk ,y
Resolution No. 122 March 20, 1962
Member Flannagan introduced the following resolution and MOVED its
adoption;
RESOLUTION
(Adeline Terrace Agreement)
WHEREAS, Adeline Oys and Robert Boller, first parties; Manual R.
Binder and Ruth Binder, second parties; and the Village of Golden Valley,
third party, have heretofore entered into an agreement which has been
duly executed on behalf of the Village by its proper officers pursuant
to instructions of this Council, which agreement relates to Adeline
Terrace and neighboring properties, and a true and correct copy of
which agreement is hereto attached and by this reference made a part
hereof and which agreement bears date of 1961,
AND WHEREAS, the Village Council of the Village of Golden Valley
is desirous of implementing and fulfilling its obligations under said
agreement;
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village
of Golden Valley;
1. That all of the terms of said agreement affecting it are
hereby accepted and agreed to, including specifically but not exclusively
the terms of Paragraphs 4, 5, 7, 9 and 10 of said agreement.
BE IT FURTHER RESOLVED, AND IT IS HEREBY AGREED by the Village
Council of the Village of Golden Valley that the outlot referred to in
Paragraph 4 of said agreement shall not be dedicated, nor at any time
used as part of the right-of-way of Adeline Lane, a street in said
"Adeline Addition", nor as a right-of-way for any purpose whatever, and
said outlot shall never be condemned or taken for right-of-way purposes
by the Village of Golden Valley.
BE IT FURTHER RESOLVED by the Village Council of the Village of
Golden Valley that it hereby grants unto Manual R. Binder and Ruth
Binder, their heirs, successors and assigns forever, a waiver respecting
the setback requirements for any addition which may be made in the future
to the present homestead of said Manual R. Binder and Ruth Binder so that
the setback of said future addition to said homestead shall be permis-
sable if the same corresponds to the existing east line of said homestead.
BE IT FURTHER RESOLVED by the Village Council of the Village of
Golden Valley that all actual costs in the District Court of Hennepin
County and in the Supreme Court of the State of Minnesota accruing to it
and arising as a result of the action referred to in said agreement, be
and the same hereby are waived.
b
Resolution No. 122 (Continued)
BE IT FURTHER RESOLVED by the Village Council of the Village of
Golden Valley that said Manual R. Binder and Ruth Binder, as princi—
pals, and the named corporate sureties are hereby released from any
and all liability pursuant to any bonds executed by either of them
in the proceedings in the District Court of Hennepin County or in the
Supreme Court of the State of Minnesota, referred to in said agreement.
BE IT FURTHER RESOLVED by the Village Council of the Village of
Golden Valley that, subject to the performance of any other provisions
of said agreement, all of the parties to the action referred to in said
agreement are hereby released, discharged and acquitted from any and
all claims, demands, actions or causes of action in any way arising
out of the controversy with reference to the platting of Adeline
Addition.
E
Mayor
Attest:
r.�rr.r~.wni r
Village Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by Member Teresi and, upon vote being taken thereon, the
following voted in favor thereof: Bies, Flannagan, Nadasdy, Scherer,
and Teresi; and the following voted against the same: None,
whereupon said resolution was declared duly passed and adopted,
signed by the Mayor and his signature attested by the Village Clerk.
L
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