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CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono City Council <br />hereby grants a conditional use permit to Municipal Zoning Code Section 10.55, Subdivision 9 <br />to permit excavation, dredging and disposal of materials, and restoration of a 1,250 foot section <br />of Painter's Creek in Orono and within a flood plain, subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />5. <br />6. <br />7. <br />The Minnehaha Creek Watershed District obtains easements from all property <br />owners to permit work and use of private property. <br />All excavated material is properly disposed off-site. <br />The City Engineer shall approve the plans prior to issuance of a land alteration <br />permit. <br />Prior to commencing land alteration, the Minnehaha Creek Watershed District, or <br />an agent on its behalf, shall provide a haul route map to the City of Orono. <br />Authorities granted by this resolution are permissive only and must be exercised <br />by application for a land alteration permit within one year of the date of Council <br />approval or this conditional use permit will expire on that date (November 8, <br />2000). <br />Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the Zoning Code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />The undersigned applicant has read, understood and hereby agrees to the terms of <br />this resolution and on behalf of itself, its successors and assigns, hereby agrees to <br />the recording of this resolution in the chain of title of the property. <br />Page 3 of 5