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That part of the east 15.00 feet of Second Avenue, as dedicated in the <br />plat of FIRST ADDITION TO COLE'S PLAT OF PEQUOT, Crow <br />Wing County, Minnesota, lying Northerly of the Westerly extension of <br />the South line of Lot 9, Block 1, of said plat. <br />4. The City in its discretion has determined that the vacation will benefit the public <br />interest because vacating the section of Second Street would not create any public <br />safety issues on Second Street. <br />5. Approval by the City of said Petition as described herein is conditioned upon and <br />is only effective upon satisfaction of the following conditions within two years of <br />the date of this Resolution: <br />a. CLA Properties, LLC, its successors and assigns shall have two <br />years from October 6, 2009 to apply for and receive a land use <br />permit for the redevelopment of the existing NFK Grocery Store <br />building and parking lot. If said land use permit is not issued by <br />the City by October 6, 2011 this Road Vacation Resolution shall be <br />null and void and said road vacation described herein shall not be <br />effective. Furthermore said road vacation approval is likewise not <br />effective until all conditions of approval described in this <br />Resolution and Resolution No. 09 -32 have been met to the <br />satisfaction of the City. Assuming all conditions of approval have <br />been met then at that point a Resolution will be recorded and the <br />vacation will be effective. <br />BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to <br />sign all documents necessary to effectuate the intent of this Resolution. <br />Adopted by the City Council this 6�' day of October, 2009. <br />ATTEST: <br />t <br />Sandra A. Peine, City Clerk <br />STATE OF MINNESOTA ) <br />)ss. <br />K] <br />I�Iuvw I � <br />Ad s, Mayor <br />