Resolution - #11-06-115 - 06/28/2011

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Councilmember Wise introduced the following resolution and moved for its adoption: and RESOLUTION #11 -06 -115 RESOLUTION EXTENDING AND AMENDING THE TERMS OF AN INTERIM USE PERMIT FOR GRADING AND MINING PURPOSES THROUGH DECEMBER 31, 2011 WHEREAS, BNSF Railway Company, hereinafter referred to as "Permittee ", is requesting an extension of its' Interim Use Permit ( "Permit ") through December 31, 2011 on the property generally known as 7205 Highway 10 NW and a portion of the adjacent railroad right - of -way 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. 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 comer 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 point of beginning, together with that part of said Lot 7 described as follows: beginning at intersection of said northerly right of way line with said east line thence northwesterly along said right of way line 36.30 feet, thence north parallel with said east line 203.46 feet to point of beginning, thence west parallel with south line of said section 85 feet, thence north parallel with said east line to northerly line of said lot, said northerly line also being southerly right of way line of Burlington Northern Rail Road, thence east along said southerly right of way line to a point on a line drawn parallel west and 33 feet west of said east line, thence south along said parallel line to