09-28-2005 Council Agenda - Laserfiche WebLink

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the pipeline easement. 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 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 lot 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 the association. (This is why the association needs to live beyond 30 years.) e) Developer to provide evidence to the City that Annual Assessment and Reserve Fund are adequate to fund repairs and replacements based on today's estimated costs and standard accounting depreciation schedules. If funding is inadequate, the amount should be increased or a very specific acknowledgement should be included relating to the likelihood of "special assessments" by the association to address needed repairs with the further understanding that the City of Little Canada is not responsible for any future costs associated with the associations responsibilities. f) Article V should clarify on what basis a "storage garage" would be granted given the limited building pad areas and grade differentials existing on most of the lots. g) Article VIII should be subject to the review and approval of the Ramsey /Washington Metro Watershed District before these documents are finalized and subject to the addition of "dumping" as a prohibited activity in Section 2 (d), and subject to the addition of paragraph (e) that requires the maintenance of "no disturb" signage, or other language as required by RWMWD, at each lot corner. h) Removal of second paragraph in Article XVII as it would violate City Code Chapter 809 dealing with Municipal Solid Waste Disposal. i) Deleting references to "township" and "county" in Article XIX and substituting "city ". 5. All approvals required by RWMWD. 6. Execution of a developer's agreement prepared by the City and incorporating the specific conditions adopted relative to the approval of the final plat of The Preserve and the developer providing the financial security required by 1008. 7. Revisions to the final plat to depict the location of iron monuments as required by 1005.030 (c) and 1008.020.