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also then be granted to the City the right of ingress to and <br />egress from the said strip of land with men, equipment and <br />materials.. Where the easement is determined to be in the best <br />interests of the City,. said easement shall also provide that <br />the owners of the areas as to which said easement is granted <br />shall not make, do, or place any fill, grading, improvement <br />or development of any kind on or to such easement area, or <br />raise the level of the easement area in any way, but all. such <br />right to fill, grade, improve and develop, and to raise the <br />level of the easement area shall be granted by said easement <br />to the City. <br />1A08.18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR <br />BUBLIC PURPOSE <br />1. In every plat, replat or subdivision of land to be developed <br />far residential,. commercial, industrial, or as a planned <br />development which includes such uses or any combination <br />theregf, as general rule, it is reasonable to require that an <br />amount of land equal in value to ten percent (10~) of the <br />.undeveloped land. proposed to be subdivided shall be set aside <br />and dedicated by the tract owner or owners to the general <br />public as open space for parks, playgrounds, trails., or <br />public open space; or, at the option of the City, the tract <br />owner or owners shall contribute to the City an amount of <br />cash equal to .the fair market value of the undeveloped land <br />otherwise required to be so set aside and dedicated, or set <br />aside and dedicate a part of such land and contribute the <br />balance of such undeveloped land value in cash. The City <br />Council shall determine the amount to be required by <br />resolution from time to time. Any monies so paid to the City <br />shall be placed in a special fund and used only for the <br />acquisition of land for parks, playgrounds, trails, public <br />open space and development of such areas and sites, and for <br />debt. retirement in connection with land previously acquired. <br />or developed for such public purposes. For purposes of thi s <br />Ordinance, "fair market value of the undeveloped land" is <br />defined as the fair market value of the land within such <br />plat, replat, or subdivision as of the date the plat., replat, <br />or subdivision is presented to the City Council for approval <br />of the final plat, as determined by the City Assessor in the <br />same manner as he determines the fair market value of land <br />for tax purposes. <br />2. In addition, in every plat, replat, or subdivision of land to <br />be developed for residential, commercial, or as a planned <br />unit development which includes such uses, .the land required <br />for public streets, regional storm water holding ponds and <br />wetlands shall be set aside and dedicated by the owners to <br />10.41 <br />• <br /> <br /> <br />s: document:ordinance:100816 <br />