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DORSEY & WHITNEY PROPESSIONAL 11MITLD II-AIUTT PARTNESSRIP • NEW YORK PILLSBURY CENTER SOUTH ROCHESTER,MN WASHINOTON, D. C. 220 SOUTH SIXTH STREET BILLINGS MINNEAPOLIS, MINNESOTA 55402-1498 DENVER (612) 340-2600 GREAT FALLS PAX(612)340-2868 ORANGE COUNTY, C.a► M I S S O V LA LONDON DES MOINES W111j"R.SOTS BRUSSELS (612)34x2969 FARGO June 5, 1995 Ms. Kim Moore-Sykes Management. Assistant City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 RE: Plat of The Village Commons by Nedegaard Construction Dear Kim: • I have reviewed the new materials you sent to me regarding the above. I think that the revised plat now addresses many of the questions I had in my earlier letter to the Planning Commission. You should just make sure, however, that the following points are covered: 1. In discussing the front footages of the lots and setbacks from the private drive with Larry Hamer, we have concluded that the City's policy in the past has been that a private driveway is not treated as a public street and that the setbacks are not applied to the driveway, but rather only to the public street. 2. I have advised David Newman at Nedegaard Construction that what has been shown,as Lot 13 on the plat should more correctly be shown as an outlot. In addition, that outlot will not be subject to easements in favor of the City. Instead, the outlot will be owned by the townhouse association for the benefit of all of the lots. 3. The easements over the private drive and the outlot, and any other easements for the benefit of the townhouse owners, will be set forth in a Declaration of Covenants, Conditions and Restrictions. David Newman tells me that this will be prepared if approvals are obtained. Any City approvals therefore need to be made subject to that Declaration being approved by the City Attorney. 4. David Newman has also indicated that they do not intend to have the title work done yet. Again, as with the Declaration, once they have the approval,