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A RESOLDTIOH APPROVING THE PLAT OP <br />EAST WIU.OW NOODS <br />PILE NO. 1428 <br />■ *’’ WHEREAS, the City of Orono is a munic : 'rporation <br />organized and existing ’nder the laws of the Sw- ^ ’=nnesota; <br />and <br />r... , , WHEREAS, the City Council of the City of Orono <br />(het^’inafter "City Council") has adopted subdivision regulations <br />for the orderly, economic and safe development of land within the <br />City; and <br />WHEREAS, the City Council has considered the <br />application for a subdivision of a plat by Clifford L. Otten <br />(hereinafter "the subdivider"); and <br />WHEREAS, per Resolution #2692, the subdivider has <br />submitted an executed Planned Unit Development Agreement for the <br />City Council's consideration and final execution, said agreement <br />sets forth the terms and conditions of the PUD rezoning <br />(hereinafter referred to as "PUD-1"), said agreement shall govern <br />if there is a conflict with other documents created with the <br />implementation of Application #1428; and <br />WHEREAS, per Resolution #2692, the subdivider has <br />submitted an executed Developer's Agreement providing frr the <br />installation of certain improvements as a condition of o-.-nercial <br />site plan approval for the comprehensive garden center use; and <br />WHEREAS, the subdivider has submitted an executed Sewer <br />and Water Agreement for the Council's consideration and final <br />execution that sets forth the allotment of current and future <br />sewer and water units to the subdivider and a schedule for their <br />payment and agreement to sell Outlot B to the City of Orono for a <br />future municipal well and pump house site; and <br />WHEREAS, the subdivider has submitted an executed road <br />and utility easement over Outlot C, the future east/west frontage <br />road that limits construction of said road until either one or <br />more of the four following conditions are realized; <br />1. Until such time as the developer, his heirs, successors <br />or assigns, request same; or <br />Page 1 of 5