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HomeMy WebLinkAbout1983-049 CCRMember Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION NO. 83 -49 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT REGARDING THE USE OF EXCESS MN /DOT RIGHT- OF-WAY BY HOWE, INC. WHEREAS, Howe, Inc. has proposed the acquisition of excess MN /DOT right of -way legally described in Planning Commission File No. 83001 and hereinafter referred to as "Parcel A" for the purpose of combining Parcel A with Howe, Inc. Addition; and WHEREAS, Howe, Inc. has proposed a restricted use of the said Parcel A all as set forth in the AGREEMENT REGARDING USE OF EXCESS MN /DOT RIGHT- OF-WAY BY HOWE, INC. which is attached hereto and made a part hereof by reference: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Council makes the following findings of fact: a. No expansion of a nonconforming use (the: of ammoniated fertilizer) has or will occur on Howe, Inc. Addition or Parcel A as a result of the restricted use as set forth in the attached Agreement. b. The life of the nonconforming use (the ammoniated fertilizer process) has not been extended as a result of the use of Parcel A as set forth in the attached Agreement. c. No increase in the volume of ammoniated fertilizer is directly traceable to the acquisition of Parcel A when it is used pursuant to the attached Agreement. d. The ammoniated fertilizer process will enjoy no increased profitability as a result of the acquisition of Parcel A when used in accordance with the attached Agreement. BE IT FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized and directed to execute the Agreement which is attached hereto and made a part hereof by reference. March 14, 198,3 z Mayor ATTEST: La The motion for thg adoption of the foregoing resolution was duly seconded by member Celia Scott and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted.