Res 73 - 56 Authorizing Settlement of Lilydale Lawsuit� ' ' R%�-�:.
Village of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 73-56
RESOLUTION AUTHORIZING SETTLEMENT
OF I,ILYDALE LAWSUIT
WHEREAS, the Village has heretofore commenced a lawsuit against the
Vi].lage of Li].ydale before the District Court of Dakota County,
Minnesota, requesting a determination, among other things, that certain
parcels of land claimed to be in Lilydale are in fact within the
municipal boundaries of the Village of Mendota Heights, and
WHEREAS, said lawsuit is now pending before the District Court awaiting
the actual trial thereof, and
WHEREAS, two of the parcels involved in said lawsuit abut upon
Lexington Avenue and are owned by Lexington Heights Investment Co.,
a partnership, and are being purchased under contract by Inland Con-
struction Corp., a Minnesota corporation, and
WHEREAS, the Vil.lage Attorney has presented to the Village Council
a proposed written Declaration of Covenants and Restrictions which
provides for the settlement of such lawsuit as the same applies to
said two parcels of land abutting on Lexington Avenue, and
WHEREAS, said written Declaration of Covenants and Restrictions in
general. provides that:
1) The Village will dismiss with prejudice said lawsuit
insofar as the same applies to said two parcels of land.
2) Lexington Heights Investment Co. and Inland Construction
Corp. agree to limit building and future development on
said two parcels of land al.l as more particularly provided
in said written Declaration of Covenants and Restrictions.
3) Mendota Heights shall have the right to enforce the pro-
visions of said Declaration of Covenants and Restrictions by
injunction and other appropriate legal remedies.
4) Lilydale agrees to cooperate with Mendota Heights in
enforcing the building and development covenants and restric-
tions contained in said Declaration of Covenants and
Restrictions.
5) Said covenants and restrictions are to run with the
land and are to be binding upon the successors and assigns
of all of the parties to said Declaration.
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and
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WHEREAS, the members of the Village Council haVe in detail reviewed
the terms and covenants of said Declaration of Covenants and Restric-
tions.
NOW THEREFORE, BE IT HER�BY RESOLVED by the Village Council of the
Village of Mendota Heights, Minnesota, as follows:
1) That the settlement of said lawsuit as more particularly
set forth in said Declaration of Covenants and Restrictions
be and the same is hereby in all respects approved.
2) That the Mayor and C1.erk be and they are hereby authorized
and directed to execute said Declaration of Covenants arid
Restrictions on behalf of the Village of Mendota Heights.
3) That the Village Attorney is hereby authorized on behalf
of the Village to f ile a dismissal with prejudice of said
lawsuit insofar as the same applies to the two parcels of
land described above.
Adopted by the Vill.age Council of the Vi1l.age of Mendota Heights this
17th day of Ju].y, 1973.
ATTE
.
Gi].bert M. baugh
Village Clerk i
��.
VILLAGE COUNCIL
VILLAGE OF MENDOTA HEIGHTS
���iBy /
Donald L. Huber
Mayor