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operation o~ the ski hill, and, in addition, WMMI is willing to <br />convey to ~he CITY certain additional property between the <br />Alternate R~creational Parcel and the toe of the landfill and an <br />easement runhing to said property, together with a parcel of land <br />consisting oF approximately 22.5 acres, the legal description of <br />which is at~ached hereto as Exhibit "B", all of which property <br />appears as th~ shaded area on the map attached to correspondence to <br />WIq/~I from t~e MPCA dated December 2, 1994, attached hereto as <br />Exhibit "C"; ~nd <br /> <br /> WHEREAS,. the CITY wishes WI~I to reconvey to the CITY the <br />parcel of lan~ lying under the right-of-way of 153rd Avenue N.W. <br />included within the above-described parcels, together with a parcel <br />of land consisting of a portion of a lot under the right-of-way of <br />153rd Avenue ~.W., the legal description of which is attached <br />hereto as Exhibit "D", in order that the CITY may incorporate said <br />right-of-way ihto a plat; and <br /> <br /> WHEREAS, ~he CITY wishes to plat said parcels at the CITyts <br />expense prior ~o their transfer; and <br /> WHEREAS, ~he State of Minnesota has adopted legislation <br />restricting an~ regulating closed landfill sites, thereby causing <br />WI~I to obtaini the MPCA's approval for transfer of the above- <br />described properties before transferring said properties; and <br /> <br /> WHEREAS, ~lI is willing to modify its grading plan for the <br />borrow area as ~efined in the CUP and the Settlement Agreement to <br />accommodate the?.CITY's request to grade the borrow area for its <br /> <br /> <br />