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Memo to Mayor and City Council/P 97-10 <br />January 20, 1998 <br />Page 2 <br /> <br />easement that extended across the north boundary of the plat. The applicant <br />has also received authorization from the Council to purchase an area of <br />approximately 6,000 square feet along the right-of-way for 171st Avenue <br />from the city. The vacation of the cartway easement has not been recorded <br />with the county nor has the purchase of city owned property been finalized. <br />These items will have to be recorded prior to recording the final plat. <br /> <br />The applicant has also purchased the strip of property along the south side of <br />the Burlington Northern Railroad tracks from Cargill. This purchase, along <br />with the vacation of the cartway easement and the purchase of the city <br />property, will give the applicant ownership of all the property included on the <br />plat. <br /> <br />The development plans for the site required a wetland permit and a <br />mitigation plan. These have been approved by the city. Included in the <br />approval of the mitigation plan was a condition that restrictive covenants be <br />in place over the wetlands and buffer area. A bond covering the cost of the <br />wetland replacement should also be provided. <br /> <br />Recommendation <br /> <br />It is recommended that the City Council approve Resolution No. 98- <br />granting final plat approval with the following conditions: <br /> <br />A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE <br />TERMS AND CONDITIONS OF APPROVAL. <br /> <br />A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND <br />EXECUTED. <br /> <br />SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT <br />FOR RECORDING. <br /> <br />THE BOUNDARIES OF THE PLAT BE REVISED TO SHOW THE PROPERTY OWNED <br />BY THE APPLICANT. <br /> <br />THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE <br />PLAT AS REQUIRED BY THE CITY. <br /> <br />6. THE UPA POWER LINE EASEMENT BE SHOWN ON THE PLAT. <br /> <br />7. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. <br /> <br />ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO <br />COMMENCING WORK ON THE SITE. <br /> <br />9. THE CARGILL EASEMENT BE RESOLVED IN FAVOR OF THE APPLICANT. <br /> <br />\ \elkriver\sys\shrdoc\planning\scott\p9710fcc.doc <br /> <br /> <br />