Resolution - #10-06-120 - 06/08/2010

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Councilmember Dehen introduced the following resolution and moved for its adoption: RESOLUTION #10 -06 -120 RESOLUTION APPROVING THE ISSUANCE OF AN INTERIM USE PERMIT FOR GRADING AND MINING PURPOSES BASED ON FINDINGS OF FACT #0870 AND DECLARING TERMS OF SAME. WHEREAS, the Ramsey City Council adopted Resolution No. 10 -06 -119 adopting Findings of Fact #0870 for this use and herein approves the Interim Use Permit subject to the following conditions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: On June 8, 2010, an Interim Use Permit ( "Permit ") was issued by the City of Ramsey ( "City ") to BNSF Railway Company ( "Permittee ") for grading and mining operations on the property generally known as 7205 Highway 10 NW and a portion of the adjacent railroad right -of -way and legally described as follows: That part of Lot 7 Auditors Subdivision No. 34 described as follows: Commencing at southeast corner of said lot, thence north 0 degrees, 3 minutes 28 seconds east along east line of said lot 367.87 feet to point of beginning of a line aka Line "A ", thence southwesterly to a point on southwesterly line of said lot 111.9 feet northwesterly, as measured along southwesterly line of said lot, from point of curvature and said Line "A" there terminating, thence northwesterly along said southwesterly line 658.1 feet, thence north parallel with east line of said lot to intersect with northeasterly line of said lot, thence southeasterly along said northeasterly line 350 feet, thence south parallel with east line of said lot to intersect with said southwesterly line, thence southeasterly along said southwesterly line 180 feet to point of beginning, thence north parallel with said east line to intersect with said northeasterly line, thence southeasterly along said northeasterly line 107.14 feet, thence south parallel with said east line 177.43 feet, thence east parallel with south line of Section 28, Township 32, Range 25 to intersect with said line "A ", thence southwesterly along said line "A" to said southwesterly line, thence northwesterly along said southwesterly line to point of beginning, except road subject to easement of record, Anoka County, Minnesota. and That part of Lot 7, Auditor's Subdivision No. 34 described as follows: Beginning at intersection of northerly right of way line of Trunk Highway No. 10 and east line of Section 28, Township 32, Range 25 also being southeast corner of said Lot 7, thence northerly along said east line 367.87 feet thence southwesterly to a point on said northerly right of way line 111.9 feet northwesterly, as measured along said right of way line, from point of beginning, thence southeasterly along said right of way line to