11.09 - Consider Resolution Reg 1st St & 2nd St Rd Vacations

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3. As a result of said vacation, the fee interest in the following property is vested as follows: The easterly 8.00 feet of that part of the 16.00 foot alley as dedicated in the plat of FIRST ADDITION TO COLE'S PLAT OF PEQUOT, Crow Wing County, Minnesota, lying Northerly of the easterly extension of the South line of Lot 9, Block 1, of said plat; is vested in the name of the City of Pequot Lakes. The westerly 8.00 feet of that part of the 16.00 foot alley as dedicated in the plat of FIRST ADDITION TO COLE'S PLAT OF PEQUOT, Crow Wing County, Minnesota, lying Northerly of the easterly extension of the South line of Lot 9, Block 1, of said plat; is vested in the name of CLA Properties, LLC. 4. The City in its discretion has determined that the vacation will benefit the public interest because closing the entrance to Main Street and First Street and vacating the section of First Street would increase public safety on First Street. 5. Approval by the City of said Petition as described herein and adoption of this Resolution is expressly conditioned upon and is only effective upon satisfaction �-- of the following, conditions within two years of the date of this Resolution: a. The intersection of First Street and Main Street shall be closed. b. Curb, gutter and sidewalk shall be installed to effectuate said closure of First Street with the cost to be shared equally by the City and CLA Properties, LLC, its successors and assigns. C. CLA Properties, LLC, its successors and assigns shall have two years from October 6, 2009 to apply for and receive a land use permit for the redevelopment of the existing NFK Grocery Store building and parking lot. If said land use permit is not issued by the City by October 6, 2011 this Road Vacation Resolution shall be null and void and said road vacation described herein shall not be effective. Furthermore said road vacation approval is likewise not effective until all conditions of approval described in this Resolution and Resolution No. 09 -33 have been met to the satisfaction of the City. Assuming all conditions of approval have been met then at that point a Resolution will be recorded and the vacation will be effective. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this Resolution.