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� � �.x�+ � gr-r � o � � � D�r C . ' . I�i8o Ma2 t�rv4 �.t�VS�� _ �OL. . 1134 tJ�AR 31 I� c�rY oF oRorvo REZONING AGREEMENT FOR PROPERTY ' KNOWN AS TN� STUBB'S BAI' MARINA PROPERTI �� THIS AGREEriENT, made and entered into this day of • , 1980, by and between James K. NcCleary and Carolynne M. NcCleary, their heirs, successors and assigns who are the owners of the property, legally described on Exhibit A attached here[o and incorporated herein by reference, hereinafter re- ferred to as "Qwners" and the City of Orono, a municipal corporation, hereinafter ref erred to as the "City." WITidESSETH: WHEP.EAS, Qwners have requested th e City to change the zaning of the above described property from B-2: Lakeshore Business District to an LP.-1A: One Family Lakeshore Residential District to allow for the development af the above-described property consisting of approximately two acres and 240 lineal feet of shoreline on Lake Minnetonka, into three separate single family lots with homes thereon, and __ WHEREAS, the City has found that the proposed rezoning of said property pur- suant to this rezoning a�reenent would be in the public interest and would promote the health, safety and welf are of the publ�c, and WHEREAS, in order to induce the City to change the zoning of the above-described property and to grant the variances related thereto as provided for herein, the Owners agree to lay out, develop, r�aintain and restrict the develo�ment of the above- described propertq as hereinafter set forth; NOW, THEREFORE, it is agreed that for and in consideration of the City's adopt- ing an ordinance rezoning the above-described property from B-2: Lakeshore Business District to LR-lA: One Family Lakeshore Residential District with variances granted as set forth hereinafter, the Owners agree to restrict the development of the above- described property as set f orth hereinafter: l. The development of the property shall take place generally in accordance with the concept plan, a copy of which is attached hereto as Exhibit B. 2. A preliminary and final plat in confox�ance with Exhibit B shall be sub- mitted to the City for its approval as soon as possible by the Owners. 3. That prior to final plat approval, the Owners will comply with all the applicable rules, regulations, ordinances and laws of the City and will submit all information necessary as usual for the review and approval of a preli_minary and final plat. , �� 4. That the above described property will be restricted to the development of that property into no more than three single family homes each of which will be built