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6.5. SR 10-21-2002City MEMORANDUM TO: FROM: Mayor and City Council Scott Harlicker, Senior Planne ,r/'~ DATE: October 2 I, 2002 SUBJECT: Case No. P 02-18 Request by Cascade III for Final Plat - Windsor Oaks Item # 6.,5. Request Consider a request by Cascade III for final plat approval of a 33 single family lot cluster subdivision called Windsor Oaks of Elk River. Location The property is located west of Ogden Street and north of the Burlington Northern railroad tracks. It extends west to the Troy Street alignment Zoning/Land Use Rla (Single Family Residential) / LR (Low Density Residential) Attachments Location map · Preliminary plat · Final plat · City Engineer's memo · Resolution No. 02- Overview Existing Conditions The applicant is proposing 33 lots on 62.28 acres utilizing the cluster provisions of the Subdivision Ordinance. One lot is included in the plat as a replat of an existing lot on Ogden Street, which will provide access via 193rd Avenue to the subdivision. The property is zoned Rla with a minimum lot size of 2.5 acres. The property is a mix of open fields, woodlands and wetlands. The southern 1/3 of the site is open rolling hills and the north 2/3 of the site is wooded, hilly with isolated wetlands. There are 4.72 acres of wetlands on the property. The Burlington Northern Railroad tracks form the southern boundary of the plat and there is a Northern Natural Gas Company pipeline and easement that runs parallel to the railroad tracks. Project Summary This subdivision includes 62.28 acres; 2.27 acres are existing rights-of-way and 4.72 acres are wetland. There are 33 single family lots proposed with 35.55 acres of preserved open space. The subdivision includes sidewalks on the two main streets and an internal trail system. The baseball field proposed in the preliminary plans has been removed and the playground has been moved to the north side of 193rd Avenue. The City Council approved the preliminary plat on September 16th. Layout Streets As part of this plat 193rd Avenue will be extended from Ogden Street to the west boundary of the plat. The main access into the project will be Rawlins Street, off of 193rd Avenue. A traffic circle is proposed at the intersection of Rawlins Street and 193rd Avenue. Rawlins Street will be the backbone of the street system in this plat, extending north through the center of the plat from 193~d Avenue. Two cul de sacs, Rawlins Circle and 193rd Circle intersect with Rawlins Street and 194th Lane runs west from Rawlins Street to the west boundary of the plat. Temporary cul de sacs with be constructed at the west end of 193~d Avenue and the west end of 194th Lane. These two streets will be extended into the property west of this plat when it is developed. The streets will be constructed to typical rural standards with bituminous curb and gutter. The street layout is consistent with what was approved on the preliminary plat. Sidewalks will be installed along the north side of 193~d Avenue from Ogden Street to the west boundary of the plat, the east side of Rawlins Street from 193rd Avenue to 194th Lane and on 194~h Lane from Rawlins Street to the west boundary of the plat. Lots The developer is proposing 33 lots. They will range in size from 14,414 square feet(.33 acres) to 21,764 square feet (.49 acres). All of the lots have direct access to open space. There is one lot that fronts on Ogden Street that contains an existing home. This lot is physically separated from the other lots in this cluster development by about ¼ mile. The layout of the lots is consistent with what was approved on the preliminary plat. Outlots Eight outlots are proposed as part of this plat. Outlots A through F are included as part of the open space requirements. Outlot H is the traffic circle island and Outlot I is a cul de sac island. Outlots C and D include significant wetlands. Outlot E includes the septic system and Outlot G is available to provide possible future access to an adjacent parcel. Grading, Drainage and Utilities Grading, drainage and utility issues are addressed in the City Engineer's memo. Park Dedication The Park and Recreation Commission recommended cash to meet the park dedication requirement. They also requested that a trail corridor be provided along the Burlington Northern/Santa Fe Railroad tracks. This corridor is shown on the plat as park. Well and Septic The project will have a community septic system and individual wells. The septic system will be located on Outlot E. Recommendation Staff recommends that the City Council adopt Resolution No. 02- granting final plat approval for Windsor Oaks of Elk River with the following conditions: 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 7. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. OUTLOTS A -I BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 13. ALL MAILBOXES BE CLUSTERED. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CI.FARING OR GRADING COMMENCING. 16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 17. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS AND TRAFFIC CIRCLE SHALL BE THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 18. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 19. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE AND INDICATES WHERE THE ADDITIONAL TREES, THAT WILL BE REQUIRED IN ORDER TO RECEIVE THE DENSITY BONUS, ARE TO BE LOCATED. 20. THE RIGHT-OF-WAYS FOR 193RD AVENUE, THE BURLINGTON NORTHERN/SANTA FE RAILROAD AND COUNTY ROAD 35 BE SHOWN IN THE SOUTHEAST CORNER OF THE PLAT. 21. THE NORTHERN NATURAL GAS EASEMENT AND THE GAS LINES BE SHOWN ON THE PLAT 22. PARK DEDICATION FEES FOR 32 LOTS AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING 23. THE BASEBALL FIELD ON OUTLOT E AND THE INTERNAL TRAIL SYSTEM BE OPEN TO THE GENERAL PUBLIC AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 24. STREET RIGHT-OF-WAY FROM RAWLINS STREET WILL BE PROVIDED TO THE EXCEPTION TO THE WEST. 25. THE BALLFIELD/PLAY AREA BE LOCATED NORTH OF 193v-D AVENUE. Howard R, Green Qompany October 16, 2002 File: 8!8830J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: WINDSOR OAKS OF ELK RIVER FINAL PLAT Dear Mr. Hadicker: As requested, we have reviewed the final plat of Windsor Oaks of Elk River Addition. Based upon our review, we would offer the following comments: The plat provides an area along the southern boundary for a future trail. This area is noted on the plat as "park"; this should be changed to "outlot." Outlots H and I. which are the roundabout on 193rd Avenue and the island in the Queen Circle cul-de-sac, should be covered by drainage and utility easements. o Outlot G, which provides a 60-foot access point to the exception on the west side of the plat should be dedicated to as right-of-way. There are proposed ponds throughout the development located in Outlots B, C, and D. All of these ponding areas should be covered by drainage and utility easements. The outlots should all have drainage and utility easements around the perimeter, as required by City ordinance. There are existing wetlands scattered throughout the development that are covered by drainage and utility easements. These easements should be expanded to provide access to the wetland area from the public right-of-way should there ever be a need to access them. The grading plan for this development has not yet been finally approved. There may be instances based on the final approved grading plan that require additional drainage and utility easements. We will review the final plat one more time after the grading plan is approved. Ltr-101602-Hadicker 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Mr. Hadicker October 16, 2002 Page Two If you have any questions regarding any of this information, please call. Sincerely, Howard R. Green Company IeeE. TJM:sgw Ltr-101602-Hadicker Howard R, Green Company ~ 96TH PARK tkiVer Location Map Case Number:. P 02-18 WINDSOR OAKS N IJ25,15 OUTLOT A 5.0~ AC_ %7- ~--~ ..... ~. ~ ~ ~ ~ OUTLOT g~ 263,66g --- ' 12:82 AC. 0 6. ( ] / ) o ,oo :?o 390 SCALE IN FEET o Denotes ~/2 I,,ch , 14 inch Iron Delineo ted Wetland TOTAL PLAT AREA 6,2 28 Acres SETBACKS: F,'oa t 50 FT (_)~ Z N GRAPHIC SCALE 1 O0 0 50 1 O0 200 ',_J L · L ( SCALE IN FEET WINDSOR Scale: I Inch = lO0 feet. For the purposes of this plat, the West line of the $.W. I/4- of the N.E. Sec..30, T. 3.3, R, 26, Is assumed to bear N 0°55'25" E 0 Denotes I/2 Inch x 14. inch Iron monument with a plastic plug stamped R.L.S. 21729. ® Denotes I/2 inch x 14 inch iron monument with a plastic plug stamped R.L.S. 21729, to be set within I year of recording this plat, · Denotes iron monument found. $.w. corn~ of $.W. l/4 of .... '"/ N.E. l/4, Sec. 30, T. 53, R. 26. .c ~o ~o o~ s.w. 1/41 line of N.W I/4 OUTLOT E OAKS OF ELK RIVER Drainage and Utility Easements are shown thus: Being 10 feet in width and adjoining Hght-of-way lines, also being 5 feet In width and adjoining lot lines, unless otherwise indicated, as shown on plat. CURVE TABLE CURVE LENGTH J RADIUS DEL Cl 65.83I 230.00 C2 57.24200.00 16'23' C3 48.65170.00 18°23' C4 2,2~ 98 330.00 3'59' C5 21.2220.00 SO*4R C$ 41.2452.50 28*38 C7 21.2220.00 60'4R C8 2L22 20.00 60'48 C9 21.2220.00 60'48 CIO j 21'2220.00 60*48 CII 2§.76 82.50 IS°34q CI2 2L22 20.00 60'4~ ( SEE SHEET 2 OF 3 SHEETS ) MATCH LINE TABLE L~E LENGTH BEARING 62.37 NO3'32'32'E L2 72.08 N87'18'36 "W L3 8;,85 N25'O7'58'E L4 78.40 NOO'26'59"W L5 26.15 N90'O0'OO,w , ,,IL, CITY OF ELK RIVER, SHERBURNE COUNTY, MN. Section 30, Township 33, Range 26 I i~i ~ ,,. -' J J S.E ...... f North I/2 of [he I ;'''~ ~- N.W. I/4 or N.E. 1/4 of $.E. , . ~/~ ~ I u~ ,---North line of N.W /4 of SE /4 Sec 30 T 33 26. r · -~ t ,/ 669.33 Deed O~ ./~ ~NO ~ ~- f N89"49'30"W 669.12 Uso,. ~ Northe~ Natural ~ ~ . , ~ ~i /~ ~ 42 4 ~''~'m 254.79 ....... ,, ~ C~p~y Ea~en~ , ~ Lt // ~ ' , ~ 38L33 · . ~x~x~ - 7 ~ ~ ' ~.. ~.~ ' ~"~ // L~ - ,, ~''~. ~ ~ ~ ~J~ ~- ' ,~ ~.~ I ~ ~t , -*"% ~ I I ~ ~ ~82~9~ MUt ~*- John Oliver & Associates N.W. corne~ of S.W. l/4 of N.E. I/4. Sec. 30. T. 5.3. R. 25. Found Iro~ Pipe I, 0.42 fL west. N89°26'55', 30.00< ~' Z oo o o comer of S.W. I/4 of I/4, Sec. 50, T. 33, R. WINDSOR OAKS OF ELK RIVER CITY OF ELK RIVER, SHERBURNE COUNTY, MN. Scale: I inch = I00 feet, For the purposes of this plat, the West llne of the S.W. I/4 of the N.E. I/4, Sec. 50, T, 35, R. 26, is assumed to bear N 0°33'25' E o Denotes I/2 inch x 14 inch iron monument with o plastic plug stamped R,L.S. 21729. ® Denotes I/2 inch x 14 inch iron monument with a plastic plug stomped R.L.S. 21729, to be set within I year of recording this plat. · Denotes Iron monument found. OUTLOT B / S89°55'19"W 1325,15 1129.23 OUTLOT A 3 7.93 i 5 '-13.46 4 ~-~ MATCH LINE ( SEE SHEET 3 OF 3 ~EETS ) N.E. comer of S.W. I/4 of N.E. I/4, Sec. 30. T. 33, R. 26. Found Jron Pipe Is 0.3§ fL west, end 0.05 ft. south of comer. I /S.E. corner of $.W. I/4 of ~---N.E. I/4, Sec. 30, T. 33. R. 26. -- LENGTH ~3.o2 Nf~*09'34'E L2 50.50 N53'II'24"W __ L3 3L5§ N23'50'27'1~ L4 23.60 NOf*~4,57,~ L6 23.11 N12'01'04.~ L7 41.50 N45'57'17"E L8 19.70 N68*52'25"W L9 98.38 LIO ~11.53 N23'0~,12,E LII 69.84 LI2 91.~ N47'52'OP'W LI4 213.85 LIg 66.30 _L28 CURVE TABLE CURVELENGTH RADIUSDELTA ~CI 59.02 270.00 12"31'27" c~5 2,.-~3~-~-~:~'F. oo s'os',~. N NO SCALE lOO N GRAPHIC SCALE 0 100 2OO ( SCALE IN FEET ) Drainage and Utility Easements ore shown thus: II _ ~o./ .... jill .... Mo- __ Being I0 feet in width and adjoining right-of-way lines, also being 5 feet in width and od joining lot lines, unless otherwise indicated, as shown on plat· DETAIL A John Oliver & Associates 'N - INSTALL SREAKAWAY BARRICADES -- NOTE: LOTS 3, 4, & 5, BLOCK 2 WILL BE CUSTOM GRADED WITH THE GARAGE ELEVATION BELOW THE CENTERLINE ROAD ELEVATION. SPECIAL CARE SHALL BE TAKEN WHEN GRADING THESE LOTS FOR HOME CONSTRUCTION SO STORM WATER WILL NOT ENTER THE GARAGE. IMPROVE WETLAND THROUGH VEGETATION REMOVAL §20.7 925,2 CONSTRUCTION 0 I00 200 300 SCALE IN FEET LEGEND 898 Proposed contours 9OO.0 Existing Spot E~ev(3tlons Retoining Wall Drdnoge Direction  Rock ~onst~ction Entronce J Delin~ted Wetlond TYPICAL LOT BLOCK NUMBER -------3 LOT NUMBER EASEMENT LINE: GRADE ELEV, § fee[ side/reD DENOTES HOUSE TYPE lO fron,____.~~SW FWD-FULL BASEMENT WALKOUT SWO-SPUT WALKOUT STAKES 0 4' O,C, EXISTING GROUND PROPEX-"SILT STOP" FABRIC EMBANKMENT EROSION CONTROL SILT FENCE & C.B. PROTECTION ROCK CONSTRUCTION ENTRANCE SHEET NO. ~ RESOLUTION NO. 02 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Windsor Oaks of Elk River Case No. P 02-18 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on September 16, 2002; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: It is hereby determined by the City Council for the City of Elk River as follows: The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. The physical characteristics of the site, including , but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. The proposed subdivision will not cause substantial environmental damage. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. Go The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: WHEREUPON the resolution is adopted. Passed and adopted this 21st day of October, 2002. Stephanie Klinzing, Mayor CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on October 21, 2002. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ day of ,2002. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ ., 2002, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ,2002, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public EXHIBIT A Legal Description: The Southwest Quarter of the Northeast Quarter and that part of the Northwest Quarter of the Southeast Quarter that lies North of railroad, all in Section 50, Township .35, Range Sherburne County, Minnesota. EXCEPT: That part of the Southwest Quarter of the Northeast Quarter of Section 30, Township 33, Range 25. Sherburne County, Minnesota described as commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter; thence North 0 degrees 57 minutes 03 seconds East, assumed basis of bearings, along the West line thereof for 218.48 feet to the actual point of beginning of the [and to be hereby described; thence South 82 degrees 02 minutes 57 seconds East for 532.48 feet, more or less, to intersect the East line of the West .~$O.OO feet. os measured at right angles, of said Southwest Quarter of the Northeast Quarter; thence North 0 degrees 57 minutes (33 seconds East along said East line of the West 550.00 feet for 332.~-8 feet; thence North 82 degrees 02 minutes 57 seconds West for 5.~2.~8 feet, more or less to intersect said West line of the Southwest Quarter of the Northeast Quarter; thence South 0 degrees 57 minutes 05 seconds West along said West line for 552.4-8 feet to the point of beginning. Together with on easement for driveway purposes, 40 feet in width, the centertine of said easement being described as commencing at the southeast corner of the Northwest Quarter of Section 50, Township 55, Range 25, Sherburne County, Minnesota; thence west along the South line of said Northwest Quarter for 907.85 feet; thence north ct right angles along a line to be hereafter known os Line "A" for purposes of this description for 295 feet to a point to be hereafter known as Point "B" for the purposes of this description; thence continue North along said Line "A" for 570 feet to a point to be hereafter known as Point "C" for the purposes of this description; thence northwesterly to a point on the West line of said Northwest Quarter a distance of 1105 feet north of the Southwest corner of said Northwest Quarter, said point also being the actual point of beginning of the centertine to be hereby described; thence return southeasterly to said Point "C"; thence south along said Line "A" for 359 feet; thence southeasterly for about 356 feet to a point to be hereafter known as Point "O" for the purposes of this description, said Point "D" being along a line to be hereafter known as Line "E" being described as follows: Beginning at the afore described Point "B"; thence easterly along said Line "E" far 2a, I feet to said Point "D"; thence continuing easterly along said Line "E" to terminate same at a point on the East line of said Northwest Quarter a distance of 122 feet north of the Southeast corner thereof. Thence, from said Point "D", easterly along said Line "E" for 4-80 feet; thence southeasterly for about 192 feet to a point on said East line of the Northwest Quarter a distance of 57.5 feet north of said Southeast corner thereof; thence north along said East line of the Northwest Quoter for I65 feet and there terminating said centertine. Subject to a nonexclusive easement, for roadway purposes granted to the City of Elk River for the limited purp'oses of providing emergency vehicular access to the above described exception, over and across the West 20.00 feet of that part of said Southwest Quarter of the Northeast Quarter lying south of the South line of the above described exception; and over and across the West 20.00 feet of that part of the Northwest Quarter of the Southeast Quarter of said Section .~0 lying north of the North tine of the right-of-way of Burlington Northern Railroad Company. Subject to other easements of record. AND That part of the Northeast Quarter of the Southeast Quarter of Section 5(3, Township 55 North, Range 25 West, Sherburne County, Minnesota, described as beginning at the southeast corner of the north half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of said Section 50; t~ence southerly along the e~:st line of the ,Nest half of the Northeast Quarter of the Southeast Quarter 558.76 feet to the center line of Sherburne County Road No. 55; t:~ence northwesterly along the center line of said County Rood No. 5,5, a distance of 576.81 feet to the intersection with the west line of the Northeast Quarter of the Southeast Quarter of Section 50; thence northerly along the west line of said Northe~:st Quarter of the Southeast Quarter of Section 50, a distance of 4-50.96 feet to the southwest corner of the north half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of Section 50; thence ecsterty (]tong the south line of said north half of the Northwest Quarter of the Northe(~st Quarter of the. Southeast Quarter of Section 50, a distance of 669.55 feet to the point of I~e~inning. Subject to existing railroad and Highway No. 55; (]isa subject to an easement (o Northern Natural Gas Company as described in 0ocument No. 159551. Also subject to an easement for roadway purposes across the Easterty 55.00 feet thereof. Also suPject to an easer~ent t(~ Northern States Power Company. Conditions: EXHIBIT B 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 6. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 7. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 9. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 12. OUTLOTS A -I BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. 13. ALL MAILBOXES BE CLUSTERED. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 17. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS AND TRAFFIC CIRCLE SHALL BE THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 18. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 19. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE AND INDICATES WHERE THE ADDITIONAL TREES, THAT WILL BE REQUIRED IN ORDER TO RECEIVE THE DENSITY BONUS, ARE TO BE LOCATED. 20. THE RIGHT-OF-WAYS FOR 193Im AVENUE, THE BURLINGTON NORTHERN/SANTA FE RAILROAD AND COUNTY ROAD 35 BE SHOWN IN THE SOUTHEAST CORNER OF THE PLAT. 21. THE NORTHERN NATURAL GAS EASEMENT AND THE GAS LINES BE SHOWN ON THE PLAT 22. PARK DEDICATION FEES FOR 32 LOTS AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING 23. THE BASEBALL FIELD ON OUTLOT E AND THE INTERNAL TRAIL SYSTEM BE OPEN TO THE GENERAL PUBLIC AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 24. STREET RIGHT-OF-WAY FROM RAWLINS STREET WILL BE PROVIDED TO THE EXCEPTION TO THE WEST. 25. THE BALLFIELD/PLAY AREA BE LOCATED NORTH OF 193v'D AVENUE.