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<br />Page 7 <br /> <br />. <br /> <br />City the details however, the City Engineer requests the applicant create a plan set <br />showing the roadway detail signed by a registered engineer be submitted for review prior <br />to recording the subdivision. This needs to be provided to the City Engineer for his <br />approval prior to the recording ofthe final plat. <br /> <br />Condition 10. The applicant has submitted the required documentation acceptable to the <br />City Engineer and City Attorney (Exhibit J). This document needs to be recorded with <br />the plat. <br /> <br />Condition 11. Staff has received a letter from Geoffrey A. Miller, Attorney representing <br />the applicant. (Exhibit I) In response staff offers the following comments pertaining to <br />this condition: <br /> <br />. "the City has indicated that it would cooperate with Josephine East LLC, in using its <br />condemnation powers to obtain the right-of-way easement." <br /> <br />Both the City Council and City Staff have not stated they would cooperate with <br />Josephine East LLC, in using its condemnation powers. City Council has endorsed <br />the concept of a plat showing a cul-de-sac from the south. City Staff has stated that <br />one of the possible methods of obtaining the property may be through condemnation. <br /> <br />. <br /> <br />. ".. .the final plat be approved even if the access issue through the Rushenberg and <br />Wessland property is not resolved..." and ".. .the two lakeshore lots could use the <br />existing private driveway. .... <br /> <br />This would be acceptable only if temporary easement access were granted over the other <br />two lots (i.e., Lots 1 and 2 of Block One) restricting building permits on these lots until <br />such time as Shoreline Lane was open for travel as determined by the City Engineer. <br />This easement needs to be recorded with the plat. <br /> <br />Condition 12. This issue has not been resolved. The applicant made no mention of this <br />in their letter, so staff is assuming they agree with the amount. This issue needs to be <br />resolved before the plat can be filed. <br /> <br />Council may also wish to add a condition that the applicant, inform buyers of conditions <br />which affect their property. <br /> <br />If final plat approval is granted a Developers Agreement will need to be drafted by the <br />City Attorney, signed by the applicant, and approved by the City Council prior to the <br />recording of the plat. <br /> <br />. <br />