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• <br />• <br />And that part of the Northeast Quarter of the Southeast Quarter of Section 18, T.31, R.22, <br />Anoka County Minnesota described as commencing at the southeast corner of said <br />Northeast Quarter of Southeast Quarter; thence north along the east line thereof 633.01 <br />feet to the point of beginning; thence westerly, angle to right, 90 degrees, 19 minutes, 04 <br />seconds 181.55 feet to the southeast line of said Highway 35 W; thence northeasterly <br />along said line 251.88 feet to the east line of said Northeast Quarter of Southeast Quarter; <br />thence south along said east line 175.46 feet to the point of beginning. <br />All subject to reservations, restrictions, and easements of record. <br />;and <br />WHEREAS, the Developer is to be responsible for the installation and <br />financing of certain public and private improvements within the subdivision; and <br />WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 <br />authorize the City to enter into a performance contract secured by cash escrow or other <br />security to guarantee completion and payment of such improvements following final <br />approval and recording of final plat; and <br />NOW, THEREFORE, in consideration of the mutual promises of the parties <br />made herein, <br />IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the <br />I. DESIGNATION OF IMPROVEMENTS <br />A. Improvements to be installed at the Developer's expense by the Developer as <br />hereinafter provided are hereinafter referred to as "Developer <br />Improvements ". <br />B. Improvements to be installed by the City and financed by the Developer are <br />hereinafter referred to as "City Improvements ". <br />II. DEVELOPER IMPROVEMENTS <br />A. The Developer's Engineer shall prepare, at the Developer's expense, a <br />grading plan, street including CSAH 23 and utility plan, and a surface water <br />management plan. The Developer shall secure a contractor to install these <br />improvements; said contractor shall be approved by the City at its <br />ABSOLUTE discretion. All Developer Improvements shall require City <br />inspection and approval and, where appropriate, the approval of any other <br />governmental agency having jurisdiction. The Developer will construct and <br />install at Developer's expense the following improvements according to the <br />following terms and conditions: <br />1. Grading Plan <br />