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b, Lots 1 through 5 of Block 1 fail to make accommodation for right of <br />way located outside of the Williams Bros. pipeline easement in <br />accordance with the conditions of the Preliminary Plat approval. <br />Commentary: This issue now appears to be resolved based upon the developer's <br />representation that Magellan (Williams) will vacate 10 feet of their easement to <br />achieve an unencumbered right -of -way. (See Attachment C — Letter from <br />Magellan). Therefore, the location of the road will remain as originally <br />proposed, but our right -of -way will no longer be encumbered by the pipeline <br />easement. <br />3. Preserve Trail has not been centered on the parcel it is being created <br />from as required by the conditions attached to the Preliminary Plat <br />approval. <br />Commentary: This issue is resolved. Preserve Trail complies with ordinance <br />requirements based upon the revised final plat. <br />4. On the Final Plat submitted for approval on June 12, 2003, Lots 1 and <br />2, Block 2 (now numbered as Lots 14 and 15, Block 1) have not been <br />combined, as required by a condition of Preliminary Plat approval. <br />Commentary: This issue is resolved based upon the revised final plat. <br />5. Lot 15 does not comply with the City's Pipeline Setback policy that calls <br />for a 50 setback for principal structures from an existing pipeline <br />easement. <br />Commentary: This issue is not longer applicable pursuant to court order. <br />6. The proposed Final Plat submitted on June 12, 2003 is substantially <br />out of compliance with the requirements of the Ramsey /Washington <br />Metro Watershed District with regards to encroachment into the 75- <br />foot wide wetland buffer zone, placing the efforts to protect the wetland <br />in jeopardy. The plat would create encroachments that are <br />significantly greater than the averaging approach allowed by the <br />Watershed District. <br />Commentary: The final plat documents had not yet been submitted to the <br />RWMWD. Staff has forwarded them a copy and is awaiting their comments. No <br />Watershed permit exists for this project at the present time. <br />