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5. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit <br />for the retaining walls within one year of the date of <br />Council approval, or this variance will expire on that date <br />(September 11, 1990). <br />6. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of <br />the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />6. The undersigned applicant has read, understood and <br />hereby agrees to the terms of this resolution and on behalf <br />of himself, his heirs, successors and assigns, hereby agrees <br />to the rec arding of this resolution in the chain of title of <br />the property. <br />Adopted by the City Council of the City of Orono, <br />Minnesota at a regular meeting held on the llth day of September, <br />1989. <br />ATTEST: <br />Dorothy F.. Hallin, City Clerk James R. Grabek, Mayor <br />Property Owner(s) <br />STATE OF MINNESOTA ) <br />ss. <br />COUNTY OF HENNEPIN ) <br />The foregoing instrument was acknowledged before me on <br />this llth day of September, 1989, by James R. Grabek & Dorothy M. <br />Hallin, Mayor & City Clerk of the City of Orono, a Minnesota <br />municipal corporation and said instrument was executed on behalf <br />Of the City. <br />Notary Public <br />My Commission Expires <br />Page 5 of 6 <br />