HomeMy WebLinkAboutResolution 2302 � i
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• RESOLUTION OF THE CITY COUNCIL
�� NO. 2302
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A RESOLDTION GRANTING
A CONDITIONAL IISE PERMIT
PER MDNICIPAL ZONING COD$
� SECTION 10.03, SUBDIVISION 19
AND A VARIANC$
TO SECTION 10.55, SIIBDIVISION 8
FILE #1187
WH$REAS, Rodney D. Backerud, authorized agent of the North Arm
Estates Association and Thomas Mazer, Chairman of the Victoria Estates
Association (hereinafter "the applicants" ) have made application to the
City to allow the placement of spoils from the dredging of North Arm
Channel on specific properties within the North Arm Estates Association
within the City of Orono (hereinafter "City"). The Iegal descriptions of
the properties that are included in these associations that achieve
riparian access via the North Arm Channel are listed on attached Exhibit A
(hereinafter "the properties") ; and
• WHERLAS, the applicants have made appli,cation to the City of
Orono to permit the placement of spoils and temporary land alterations that
will require a conditional use permit per Section 10.03, Subdivision 19 and
a variance to Section 10.55, Subdivision 8 because portions of those land
alterations will temporarily be located within 26 feet of an adjacent
wetlands.
AIOW, THEREFORL, BE IT RESOLVEID by the City Council of Orono,
Minnesota: �
FINDINGS
l. This application was reviewed as Zoning File #1187.
2. The properties are Iocated in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The properties to receive the spoils are approximately 9 acres in
area. '
. . 4. The Oron'o Planning Commission reviewed this application on November
16, 1987, and recommended approval of the conditional use permit and
variance application as amended, based on the following findings:
A. All encroachment of the wetlands is temporary and original
grades will be restored within setback area of 26 feet.
• B. The plan for erosion control wiYl prevent any contamination
of the wetlands and/or adjacent channel (main lake).
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� � Ci.t� o� ORONO �
• RESOLUTION OF THE CITY COUNCIL
� NO. 2302
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C. Spoils will provide deep rich nutrient base for re-
established ground cover in the spring.
5. The City of Orono reviewed this application on November 23, 1987
noting the written and oral comments of the applicants, the comments
of staff and consultants and other reviewing agencies and made the
following additional findings per required standards set forth in
Section 10.55, Subdivision 25:
A. The interim and final proposal, as amended, will not restrict
� the passage of surface drainage to the immediate and adjacent
flood plain. There is no change proposed in current drainage
patterns.
B. The plan, as amended, w�i i not present a detriment to the
quality of surface drainage and/or ground water.
• C. The plan, as amended, will not create overf Iow of water onto
adjacent land areas within the Ciy or onto land areas adjacent to
Minnehaha Creek.
D. The plan, as amended, will be consistent with the objectives
of encouraging land uses compatible with the preservation of
natural land forms, ve.getation, and the marshes and wetlands.
6. The City Council finds that the conditions existing on these
properties are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring properties; would not merely serve as a
convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicants; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan
of the City.
7. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to
allow the placement of spoils on adjacent land area will not be
detrimental to the health, safety or general welfare of the public,
would not adversely affect light, air nor pose a fire hazard or other
danger to neighboring properties, nor will it depreciate surrounding
property values and that the proposed level of use of the property
• will be in keeping with the intent and objectives of the Zoning Code
and Comprehensive Plan of the City.
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Clt� o� 01�,ON0
• RESOLUTION OF THE CITY COUNCIL
� NO. 2302
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CONCLQSIONS, ORDER AIdD CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Permit per Municipal Zoning Code
Section 10.55, Subdivision 8 to allow temporary land alteration within 26
feet of a designated wetland and grants a conditional use permit per
Section 10.03, Subdivision 19 that will allow major Iand alterations in
excess of . 100 cubic yards that involves excavation and grading for
temporary berms, drainage pipes and installation of silt fencing and the
final regrading of appoximately 4 acres of area, subject to the following
conditions:
1. Approval of this land alteration permit is based on Grading Plans
by Coffin and Gronberg, Inc., revised 11/10/87, per Final Grading Plan
by Coffin and Gronberg, Inc., dated 11/10/87, Ponding and Water and
Discharge Plan submitted by applicant and referenced as Exhibit M in
staff inemo dated 11/17/87, per letter from Glenn Cook dated 11/13/87
and referenced in that same staff inemo as Exhibit G and all conditions
set f orth in approva 1 permits f rom DNR and M.C.W.D.
• 2. Applicants shal 1 execute a Developer's Agreement and post a Letter
of Credit to insure that adequate erosion control is maintained
throughout entire project and that final grading and seeding is
completed by October 1, 1988. If applicants cannot meet the specified
deadline date, the City must be notified by September 15, 1988.
3. Applicants shall be responsible for calling for alI required
inspections as set forth by the CityiEngineer as fol lows:
A) Prior to starting construction - Preconstruction Meeting.
B) During Berm Construction.
C) During dredging operations when ponds are two-thirds filled.
D) Prior to draining the ponds.
E) Prior to seeding the site.
4. The property owners of (340 ) and (350 ) North Arm Lane are hereby
' : advised that the land alterations involving the construction of berms
and final grading may have serious detrimental effects on the future
capabilities of the installation of on-site sewage treatment systems
in the disturbed areas. This land alteration may also place
limitations on the future subdivision of these properties.
• 5. Applicants are placed on notice that the City will reserve the
right to halt al 1 or any phase of this project if the land alterations
proposed are found to be detrimental to the environment and/or to
endanger the welfare of its residents.
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� � � Cit� o� ORONO � �
• RESOLUTION OF THE CITY COUNCIL
� NO. 2302
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6. The City shall ask that all property owners included within the
membership of the North Arm Estates Association and Victoria Estates
Association attest their signature to this resolution and insure that
each owner/member understands the conditions of this resolution and
with the signing of this resolution agrees to all conditions as set
f orth by the City.
7. Authorities granted by this resolution run with the property not
with the owner, but are permissive only and must be exercised by
�application for a building permit within one year of the date of
Council approval, or the special conditions of this resolution will
expire on that date (November 23, 1988 ) .
8. Violation of or non-compliance with any of the terms and condi-
tions of this resolution shall constitute a violation of the zoning
code, shal.l automatical ly terminate any authority granted herein, and
� shall be punishable as a misdemeanor. ,
9. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of their respective properties.
Adopted by the Orono City Council on this 23rd day of November,
198 .
AT ST: '
� - .
Dorothy . Hal:lin, City Clerk Ja es . Grabek or
. Edward J. Cal han, Jr, Action Mayor
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� Ci.t� o� OR.ONO :� � � .
, •- - •- - - � RESOLUTION 'OF THE CITY COUNCIL --- � - -- -- �
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RESOLUTZON #2302
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
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On this � day of ' � � , 198�
�
before me a N tary Public within and for said county, personally
appeared ����/�✓� �-,��jL� known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (t y) executed the same as
his (their) free act and deed.
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• NOTARY PU LIC
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MY COMMI ON EXPIR
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN ) `
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On this � �� day of �� , 198_�before me
a N ry Public within and for said County, personally appeared
_ ��G���,� � �iC�Z known to me to be the .
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (the cuted the same as his
(their) free act and deed. •
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MY CO SSION EXP � '
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• , RESOLUTION OF THE CITY COUNCIL � � � .
� FILE NO. l I g7 � _ . _
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RESOLUTION #2302
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,�� day of r, 198�
before me a Notary Public�ithir� d for sa'd county, personally
appeared -��.�p�i �, � known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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NOT ���6A�u* u+a�n4.�►nn���a
���;•;,� PAULA A.JOHNSON
j°27f`, NOTARV p�g��C•AAINNESOTA
.��j HENNEPIN COUNTY
My Commissian Facpires May 7, tgg3
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MY COMMISSION EXPIRES y�
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On this ��p p`�� day of Q�, , 198�, before me
a Notary Pu lic within and for said Cou ty, personally appeared
„��,�e� ,��� known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his �
(their) free act and deed.
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+"^ PAUTA .,IOHNSON
��� NOTAHY PiJBLIC-MINNESOTA
• ��� �HENNEPIN COUNTY
� My Commission Expires May 7, 1993
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RESOLUTION #2302
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
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On this �p c� day of , 198 �
before me a Notary Public within an for said county, personal ly
appeared known to me to be
the perso s) described in and ho executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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AIUT AAAAl1�,pA4�f�A�
'�t+ PAULA R.JOHNSON �
���� N01ARY PUBLIC-MINNESOTA
hrP�f HENNEPIN COUNTY
• My Commission Expires.^.'.�
. MY S�ION� EXPIRES
� STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personally appeared
known to me to be the .
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed. �
. NOTARY PUBLIC -
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MY COMMISSION EXPIRES
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� •-.;�>.,�-.;:- RESOLUTION #2302
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 2�th day of May , 198�
before me a Notary Public within and for said county, personally
appeared Evelyn Adams known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
• e•••�•, Jacquelin�e�.Schwengler ��
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; -�i�i NOTAlIY Bt,IqL,IC•MINNESOTA NOTARY PUBLIC
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�,�„c• ANOKA COUNTY
My Commission Expires NOV. 18, 1993
November 18 1993
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss.
COUNTY OF HENNEPIN )
1
On this 27th day of May , 1988 , before me
a Notary Public within and for said County, personally appeared
James Adams known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
� (their) free act and deed.
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H ., Jctcqueline A.Schwengler NOTARY PUBLIC
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• � N�Tp�RypUgLIC-MINNESOTA
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MYCommissionExpires NOV. 18.
November 18_ 1A��
MY COMMISSION EXPIRES
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� FZLE NO. __ I I g7 . _ . .
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' � ' • • ,
' RESOLUTION #2302
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �� �� day of � , 198�
before me a Notary Public within and for said c nty, personal ly
appeared "�"1kD(Vl-��5 �• �1�1�-'��. known to me to be
the person(� described in and who executed the foregoing
instrument, and acknowledged that he (� executed the same as
his (�l�r) free act and deed.
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N �U�'�� sa�tl�
(s��'� PAUTA R.JONNSON
.s�' NOTARY PUBLIC-MINNESOTA
� HENNEPIN COUNTY
��.•• My Canmission Expires May 7.1�93
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
� COUNTY OF HENNEPIN )
�
On this �D`{�'� day of , 198g, before me
a No ary Public within and for said County personally appeared
� ��{�ti � M��� known to me to be the
person� described in and who executed the foregoing instrument,
and acknowledged thatghe (�-i�-ep) executed ,the same as �-s�t,4,� �
� �theip) free act and deed.
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;t:y:�;'•� PAULA R.JOHNSON `
� � �%!�`�` NOTARY PUBLIC-MINNESOTA
� ��� HENNEPIN COUNTY
��....••�� My Commission Expires May 7,1993
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MY COMMISSION EXPIRES ,
� � � � Cit��o� OROliTO - � .
• � RESOLUTION OF THE CITY COUNCIL • � �
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� , FILE NO. I I g7
' • ' • • '
RESOLUTION #2302
STATE OF MINNESOTA )
) ss. •
COUNTY OF HENNEPIN_� )
On this �� `}'� _ day of � , 198�
before me a Notary Public within and for said co ty, personally
appeared �tG{-�-�� L, LI'('[�(_� known to me to be
the personE-�? described in and who executed the foregoing
instrument, and acknowledged that he (�ke�} executed the same as
his (-�h�e'rr) free act and deed.
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. ��:�"`� PAUtA A.JQHN50N
'�` NOTAAV PUBLiC•MINNESOTA
....• HENNEPiN COUNTY
My Commissl4n Exptr@S May 7, 1993
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� � MY COMMISSION EXPIRE
STATE OF MINNESOTA ) �
)ss.
� COUNTY OF HENNEPIN )
On this ��� , day of , 1985, before me
a Notary Public within and for said Count personally appeared
� ��LD�iS -I�t f.l`Tf'�� known to me to be the
person(-s-� described in and who executed the foregoing instrument,
and acknowledged that �he (�) executed the same as Y�is.-� ,
(t�e-�r) f ree act and deed.
. . NO��'�Yaa,�,UsB�n�►�aaa.a�► aaaa�:��a
� �;�� PAULA R.JOHNSON
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
� .� ���r My Commission Expires May 7, 1993
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MY COMMISSION EXPIRES
_ __ ___..
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� � � Cit o� ORONO � � �
� .
• , RESOLUTION OF THE CITY COUNCiL � � � .
_ _ � FILE NO. II�7 . _ . _
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� � � � ' RESOLUTION #2302 .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �V� V�, day of �Q(,� , 198�
before me a Notary Pu ic within and for said c nty, personally
appeared �¢1�1 ti �'C�C,�I��-U�, known to me to be
the person(�s-� described in and who executed the foregoing
instrument, and acknowledged that he (t�re�) executed the same as
hi s (tt-k�.'rr) f ree act and deed.
�
NO � �q R.JOHN N
� �.•` HOTARY PUBLtC•MINNESOTA
HENNEPIN COUNTY
�� My Corruntssian Expires May 7.1993
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MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)s.s.
COUNTY OF HENNEPIN )
� On this . ��� day of , 198D, before me
a No ary Public within a d for said Count personally appeared
� known to me to be the
person(-s3 escribed in and who executed the foregoing instrument,
and acknowledged that,she (t��) executed the same as i��-.n� �
: (� free act and deed. ,
�
� NO#�XA� �� .
'+:�• PA!lI,A R.JOHNSON
• s�` NOtAAY PUBL�C.MINNESOTA
HENNEPIH CpUN?Y
�Y�+�'►fssian Exptres May 7, 1993
MY COMMISSION E
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• � RESOLUTION OF THE CITY COUNCIL � � �
� . _ . . _. _
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' ' • ' • •
RESOLUTION #2302
STATE OF MINNESOTA )
) ss. -
COUNTY OF HENNEPIN_s )
On this l� `� day of �(�ij�.G , 198g
before me a Notary Public within and for said c ty, personally
appeared ��,(.L �-/�-�jS�� known to me to be
the person(�s-�) described in and who executed the foregoing
instrument, and acknowledged that he (� executed the same as
hi s (�ke-'rr) f ree act and deed.
,
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No�$�a�H_�'s�►a�uuaaa�aa�►�x
fj_•,�,Ca�:- PAULA R.JBHNSON �
NOTAHY PUBt,IC•MINNESOTA
. �. ��� HENNEPIN COUNTY
My Commisslon Explres May 7.1993
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'MY COMMISSION EXPIRES
STATE OF MINNESOTA ) '
)ss.
� COUNTY OF HENNEPIN )
On this !�`�'�, day of , 198g, before me
a Notary Public within and for said Count personally appeared
��iA-1J t�l `�-[°�A-�f�SS� L�� known to me to be the
person(-e-� described in and who executed the foregoing instrument,
and acknowledged that5he (�) executed the same as lris-��i ,
(t-�ig'r.L� f ree act and deed.
� �
' NO� Ma,�.� .
��. PAULA R.JpHNSON
, • MOTARY PUBUC•MINNESOTA
��. HENNEPIN COUNTY
My CortNrHssian Expires May 7, 1993
MY COMMISSION EXPIRES
_ _ --_ -1
• • ' .
� � �Cit� o� �ORONO � � �
• - RESOLUTION OF THE CITY COUNCI L � �
•
FILE NO. I I Q7
" • - • •
.' RESOLUTION #2302
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this l0 day of , 198$�
before me a Notary Publi within nd for said c nty, personally
appeared � known to me to be
the person� escribed in and who executed the foregoing
instrument, and acknowledged that he (�) executed the same as
his (�r) free act and deed.
� �
NO RI�fl�B�a� ` ����
PAULA E2..!O NS�N
��� NOTARY PUBLIC•MINNESOTA
' m `•.. � FiENNEPIN COUNTY
� �••�•� My Commission Expires May 7, 1993
�t'�"��tla N c1V't7Ctltl'G
MY COMMISSION EXPIRES �
STATE OF MINNESOTA ) �
. )ss.
� COUNTY OF HENNEPIN )
i
� On this (n� day of , 198 , before me
a N tary Public within and for said Count , personally appeared
' �(,�L� �, ����a� known to me to be the
person� described in and who executed the foregoing instrument
and acknowledged that.�he (�) executed the same as ��/�j �
� (t�) free act and deed. �
.
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. �°� �ut�zyn � �zandf
• ��'�3
NOIARY PUOLIC_MINN6501A
��� HENNEPIN COUNTY
'��;�a�� My commission expires 5•21-93 �
. . ... . ,.... .. r
MY COMMISSION EXPIRES
- � � � � ' • � .
� � �c.�t�� o� o�,oNO . - � .
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. .. _ _ , _ . RESOLUTION OF THE CITY COUNCIL
. � � - --- ------- _
� . FILE NO. LJ 87 y
' • - • •
RESOLUTION #2302
STATE OF MINNESOTA ) �
) ss. •
COUNTY OF HENNEPIN� )
On this ��� day of C` _, 198�
before me a Notary Public within and for said ounty, personally
appeared pD 111�U �. �4��Yt2Ci� known to me to be
the person(-s�` descr ' ed in and who executed the foregoing
instrument, and acknowledged that he (�e� executed the same as
his (,�ll�s..i.r� free act and deed.
�
•. ,
N .,,��,;� PAULA R.JOHNSON a ,
�l�� ,,,� NOTARY PUBLIC•1171NNESOTA
�'� HENNEPIN COUtVTY
� �.•••• My Commissian Expires May 7,1993
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' MY COMMISSION EXPIRES
STATE OF MINNESOTA ) �
)ss.
� COUNTY OF HENNEPIN )
�
On this �� day of , 198g, before me
� a Notary Public within and for said Count personally appeared
-Dt�Yt�L� S. ��C-K�.i2i-1� known to me to be the
person'f-s'� described in and who executed the foregoinginstrument,
and acknowledged thats-he (�-e�-� executed the same as 1�-i-s�hq� ,
(�er�) free act and deed.
�
N��Ah������SEQI.C�a� a���u�c,u,aaa��a
, r��k:�, PAULA R.JOHNSON >
- �%��`�,�" NOTARY PUBLIC- MINNESOTA
: • `����" HENNEPIN COUNTY
� �•-- .My Commission Expires May 7, 1993
��Y G�tltl17tlVY�9st
MY COMMISSION EX�IRES
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� � �Cit� o� ORONO l � .
• , RESOLUTION OF THE CITY COUNCIL � � � .
� FILE NO. 1 1 S 1 _ . .
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" • ' • •
RESOLUTION #2302
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this �v � day of , 198V
before me a N tary Pub ' c withi and for s 'd county, personally
appeared O� known to me to be
the person(s escribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
•
• TARY PU IC
� [ ��
MY CO SSIO EXPIRES
STATE OF MINNESOTA ) ,
)ss.
COUNTY OF HENNEPIN )
On this ___��'`!I� daY of , 198b, before me
a N ar Publ ' c w hin and for sai County, personal ly appeared
�� � ���(�'js'� __ known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his �
(their) free act and deed.
OTARY PUBLIC
• /
� ( ��
MY CO SION EXPIRES