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<br />~ <br /> <br />. .. <br /> <br /> <br />. <br /> <br />. <br /> <br />1 <br /> <br />WHEREAS, the city council has accordingly required the <br />cash equivalent of East Side's dedication of land, and <br /> <br />WHEREAS, because East Side's development will increase <br />the number of residents and workers who will be utilizing the <br />city's parks and recreational programs, a requirement that East <br />Side dedicate 10% of its development tract--which is the applic- <br />able requirement for a low density residential subdivision-- <br />would not be unreasonable, and <br /> <br />WHEREAS, in determining the cash contribution which is <br />equivalent to a dedication pursuant to Section 22-9 (b1 (41 and (5) <br />the city Council has determined that the undeveloped land value <br />of the development tract is the sum of $33,082.85 per acre, that <br />10% of the number of developable acres in the development tract <br />(i.e., 4.89 acres) is .489 acres, and that the cash contribution <br />to be made by East Side (i.e., the product of $33,082.85 and <br />.489) is the sum of $16,177.51, which East Side deems to be a <br />reasonable figure, and <br /> <br />WHEREAS, East Side takes issue with the applicability <br />of Section 22-9(b) to its development and wishes to seek a <br />judicial determination of the validity of such Section and its <br />applicability to its development tract, and <br /> <br />WHEREAS, East Side wishes to pay the aforesaid cash <br />contribution to the City under protest in order to secure a <br />certificate of occupancy and to be assured that by making such <br />contribution it will not be deemed to have waived its right to <br />seek a judicial determination of the validity of the aforesaid <br />Section and applicability thereof to East Side's development <br />tract, <br /> <br />NOW, THEREFORE, BE IT HEREBY RESOLVED by the Arden Hills <br />city council that East Side's payment under protest of the sum of <br />$16,177.51 as its cash contribution in lieu of dedication pur- <br />suant to Section 22-9(b1 of the Arden Hills Code is hereby <br />acknowledged. <br /> <br />BE IT FURTHER RESOLVED that the Clerk-Administrator of <br />the City is hereby authorized and directed to issue to East Side <br />a certificate of occupancy upon confirmation by the city staff <br />that improvements on East Side's property are in compliance with <br />all applicable City requirements. <br /> <br />BE IT FURTHER RESOLVED that the Arden Hills city <br />council understands that East Side, by making the aforesaid <br />contribution under protest, is not agreeing that the aforesaid <br />Section is valid or applicable to it or its development tract <br />nor will it have been deemed to have waived its right to seek a <br />judicial determination of the validity and applicability of said <br />Section. <br /> <br />Passed by the City council this 30th day of April, 1979. <br /> <br />(Jl~yq;;W~L. <br /> <br />Charlotte McNiesh, <br />Clerk-Administrator <br /> <br /> <br />-- <br />