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HomeMy WebLinkAboutResolution 698• Resolution No. 698 RESOLUTION SETTING FORTH REQUIREMENTS TO BE FULFILLED BY SUPER VALU STORES, INC. IN ORDER TO OBTAIN A GRADING PERMIT TO ALLOW FOR THE GRADING OF PROPERTY OWNED BY SUPER VALUE STORES, INC. IN NAVARRE WHEREAS, Super Valu Stores, Inc. has applied for a grading permit to grade certain property owned by Super Valu Stores, Inc. in Navarre, and WHEREAS, the City Council is concerned about the effect the grading may have on, the watershed and surrounding proper- ties now and in the future. NOW-, THEREFORE, BE IT RESOLVED: The city of Orono grants the necessary grading permit to Super Valu Stores, Inc. pursuant to the following provisions: 1. The grading shall be pursuant to the plan submitted by Super Valu Stores, Inc. on June 20, 1976, and as revised on July 2, 1976 In addition, a French drainsystem shall be • installed by the applicant which shall consist of digging four to five foot trenches and,adding a layer of three inchr '`j rock to the lower area under this surface grading. The quality should be controlled by grading down to a finer material before going into the storm sewer. This system should be installed pursuant to direction of city staff and the Minnehaha Creek Watershed District.,'"; 2. Super Valu Stores, Inc. shall grant the necessary open space easements to the City of Orono to prevent any removal of vegetation on those areas noted on the plan as revised on July 2, 1976, and said open space easements shall prohibit the construction of any parking lot and/or other structures on the areas included in the open space easements. Those areas are approximately the southern 65 feet of the lot and the western 35 feet of the lot up to a point 200 feet from the southwestern corner of the lot, all as shown on the plan dated June 20, 1976, revised July 2, 1976. 3. Since the City Council, Planning Commission and city staff at this time do,,not wish to impose upon Super Valu Stores, Inc. the cost of constructing a holding pond and/or other drainage control procedures to control the storm water runoff to an extent that may be necessary, the city agrees to allow Super Valu Stores, Inc. to proceed with the plans for grading subject to the right of the city to review the effect of the grading plans and the attendant storm water runoff within the next three years'. If the city finds that the storm water runoff is adversely . affecting the surrounding property, Super Valu Stores, Inc. or its successor shall take those steps necessary as directed by the city to eliminate the problems within six months of notice thereof to be given by the city. Super Valu Stores, Inc. and/or its successor agrees to fulfill those requirements, waive any right to notice of any hearing of the project, assessment of project, or appeal from the assessment if the city is forced to undertake the project itself and assess the cost thereof against the property. Moreover, Super Valu Stores, Inc. and/or its successor in title agrees to allow the city to enter upon the property upon notice to take those steps neces- sary to remedy any problems. 4. Prior to the granting of any building permit for the structure on the property, Super Valu Stores, Inc. agrees to sign any of the documents as provided by the city to effectuate the terms of this resolution, specifically as noted in paragraphs 2 and 3 above. 5. Prior to the adoption of this resolution, the City Council agrees to grant a temporary grading permit to Super Valu Stores, Inc. to allow for temporary grading of certain areas which will be graded pursuant to the plan as revised on July 2, 1976, but no grading is to take place which is not shown on that plan. Grading will also be allowed for the foundation • at the present time. 6. Nothing in this resolution in any way changes or modifies resolutions previously adopted by the City of Orono concerning the development of this property. The foregoing resolution was adopted by the City Council of the City of Orono by a vote of 3 ayes and 0 nays on July 26, 1976. ATTEST: Walter R. / en , Clerk/Admini trator • Robert L. Searles, Mayor LJ of Super Valu Stores, Inc., have red' he foregoing resolution and agree to the terms thereof on behalf of Super valu Stores, Inc., its assigns and successors, and agree that the resolution may be filed in the chain of title to the above property and that said resolu- tion shall be binding upon all subsequent purchasers of the property. SUPER VALU STORES, INC. •