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CITY OF SAINT ANTHONY VILLAGE <br />STATE OF MINNESOTA <br />RESOLUTION 22-049 <br />A RESOLUTION APPROVING STORMWATER FACILITIES MAINTENANCE <br />AGREEMENT AND RESTRICTIVE COVENANT BETWEEN LOWRY RETAIL <br />LLC, AND THE CITY OF ST. ANTHONY VILLAGE <br />WHEREAS, Lowry Retail is the owner of fee simple title in certain real property <br />commonly described as 2654 Kenzie Terrace in the City of St. Anthony, <br />Hennepin County, Minnesota (the "Property") and legally described in <br />Exhibit A, attached hereto and incorporated herein by this reference; and <br />WHEREAS, in connection with the Owner's proposed development of the Property, the <br />City has required, and the Owner has agreed, to construct an underground <br />stormwater collection and treatment facility on the Property (the <br />"Stormwater Management Facility"); and <br />WHEREAS, such Stormwater Management Facility is described in the Stormwater <br />Management Plan dated March 18, 2022 and detailed in the Construction <br />Documents dated March 18, 2022 prepared by Westwood Professional <br />Services for the Property, a copy of which is attached hereto as Exhibit B <br />and incorporated herein by this reference ("Stormwater Management <br />Plan"); and <br />WHEREAS, as a condition of project approval, the parties have entered into this <br />Maintenance Agreement and Restrictive Covenant, in order to ensure that <br />the Stormwater Management Facility will be constructed and maintained <br />in accordance with the approved plans; <br />NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saint <br />Anthony Village hereby approves the Stormwater Facilities Maintenance Agreement and <br />Restrictive Covenant. <br />Adopted this 24th day of May. 2022. <br />ATTEST: <br />Cit Clerk <br />Reviewed for administration: <br />Randy Sti Mayor <br />Charlie Yunker, City Manager <br />