09-28-2005 Additions - Laserfiche WebLink

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6. Revisions are made to the Landscape Plan by adding 60 to 70 trees, planted in clusters, along the wetland edge, north of the proposed house pads. This plan must be reviewed and approved by City Staff prior to recording of the Final Plat. 7. The three outlots are owned in equal, undivided interests by each of the lot owners in the plat, rather than by a Homeowner's Association, and Covenants are changed to reflect this ownership. 8. Trail easement documents are executed to provide pedestrian access from Preserve Court to and across the wetland area, including trail easement along the west plat boundary to the wetland, over the wetland, and reconnecting to Preserve Court at the cul -de -sac. City Administrator Recommendations: 1. Documentation from Magellan and the Developer regarding the details involving the proposed lower of the pipeline(s) under Preserve Trail to facilitate a better grade transition between Preserve Court and Preserve Trail. This is a key factor in making the proposed development acceptable to the City. This documentation must be sufficient to provide us with all details of construction and any conditions imposed /required by Magellan involving the pipelines, evidence of all required permits necessary for this work as required by local, state, and federal laws, comments by the Minnesota Office of Pipeline Safety to ensure all reasonable and appropriate measures are being taken to protect public safety. This condition is imposed pursuant to 1008.010 (f). 2. Magellan releasing 10 feet of their pipeline easement in order that developer can provide a 50 -foot right -of -way for Preserve Court that is unencumbered by the pipeline easement. Said release must be recorded prior to the filing of the final plat. This recommendation is based upon Subdivision Code Section 1001.080, City Code Chapter 2302, and developer's voluntary representations. 3. Documentation of new blanket easement release by Magellan in recordable form as well as verification that the "triangular piece" of property wanted by Magellan in return for the revised blanket release does not negatively impact the final plat including, but not limited to the public right -of -way, construction and maintenance of any proposed improvements, and tot alignments. This is required pursuant to Subdivision Code Section 1005.020 (d)(1). 4. Revisions to the Declarations of Covenants as follows: a) Ownership of Outlots to be by owners of lots 1 through 14 with an "equal and undivided interest ". b) Subject to statutory provisions, the covenants should run into perpetuity. c) An acknowledgement that the City may develop trails and access areas to the wetland and that any owner of property within The Preserve is deemed to be in favor of such improvements. d) Designation both verbally and by exhibit of the retaining walls to be maintained by the association in Articles IV, Section 3 and XXI. Staff further recommends all walls be the responsibility of -2-