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� o� O � O CITY of ORONO _ , � �F RESOLUTION OF 6H3E,�Illf COUNCIL � �, NO. 5 ��k'EsH�g'� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916, 78-966 & 78-1286 FILE NO. 13-3624 WHEREAS, Wagener Properties LLC, a Minnesota Limited Liability Company (herein after the "Owner") is the owner of the property located at 3165 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Government Lot 1, Section 9, Township 117, Range 23 West of the 5th Principal Meridian described as commencing at a point in the West line of said Government lot distant 1160.8 feet North from the Southwest corner of said Government lot; thence East parallel with the South fine of said Government lot a distance of 442.93 feet, passing through a judicial landmark set pursuant to Torrens Case No. 11475; thence South parallel with the West line of said Government lot a distance of 102.5 feet; thence East parallel with the South line of said Government lot a distance of 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thence West along the last described line to a point distant 442.93 feet East of the West line of said Government lot and 1058.3 feet North of the South line of said Government lot; thence North a distance of 102.5 feet to the North line of the South 1160.8 feet of said Government lot; thence West on the North line of the South 1160.8 feet of said Government lot a distance of 197.93 feet (or to a point 245.0 feet East of the West line of said Government lot); thence South parallel with the West line of said Government lot a distance of 175 feet; thence Southeasterly deflecting to the left 78 degrees 00 minutes, a distance of 330 feet, more or less, to the shore of Lake Minnetonka; thence Northeasterly along the shore of said lake a distance of 180 feet, more or less, to the point of beginning, Hennepin County, Minnesota, (hereinafter the "Property"); and WHEREAS, the Owner has made application to the City of Orono for a conditional use permit (hereinafter the "CUP") for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916, 78-966 & 78-1286 to incorporate approximately 2,267 cubic yards of fill into the Property in order to blend the contour with the Owner's adjacent property; Page 1 of 4