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CITY OF GEM LAKE RESOLUTION NO.2004-15 1.6.AUGUST 2004 MOTION..by Council Member Watson and SECOND by Council: Nlember ]go to approve Resolutioni No. 2004-15 =ranting approval of the Final Plat for Hillary. Farm with such approval based upon subal ittal of the Construction Plan Set dated 06 August 2604 as prepared by Anderson Engineering with ar iendmelits as agreed in :the 12 August 2004 meeting. with Anderson Fn�ineering: (tile "Plat") and with.,the condition that no building permits shall be issued for.any work within the Plat beyond preliminary grading, sanitary sewer :installatioh-and-one(1) Model Home until each of the follovAng.conditions.are met: CONDITIONS 1. That the. Private Way and Pathway within the Plat shall be conveyed to a non-profit corporation known asMillary Farm Homeowners .Association, Inc. pursuant to a Declaration of Covenants, Conditions and:. Restrictions, in form and substance satisfactory to and approved by the .City Attorney whose members shall include the owners of Lots I through 28 of the Plat and which shall be filed for record with the County Recorder of Ramscy'County, Minnesota.. 2. 13efore Lots 1-2:9 of the Platare sold by the Owner/Developer, a Developer's Agreement between the Owner/Developer .and -the City in form and substancesatisfacioryto and approved bythe City Attorney sltall be executed.and f led ofrecord. with the County.Recorder of Ramsey County, Minnesota, to address the foregoing conditions and such.other conditions •as'are Ctistoinarily.contained therein including the foilowingconditions: (a) All grading and ponding shall be completed pursuant to the City approved Grading Plan prepared by Anderson Engineering. (bj Trees shall be cut and removed only pursuant to the City approved'Tree & Vegetation Removal.& Alteration Plan prepared by Anderson Engineering and approved. by the City.. (c) All .utilities and tile. like shall be installed underground, (d) AlI1ot.comers, angle and curve. points. on the outside boundary lines of.ft-Plat shall be staked; flagged and appropriately marked by iron monument#, including. -points along each boundary line at the Shoreland. (e) .Ali, lot: corners, angle and curve points on.the outside boundary .lines of each lot. of (lie Plat shall be staked, -fiagged.:and appropriately marked by iron monuments, including points. along each boundary line at the Shoreland. 3. The Filial Plat shall be filed with the County Recorder of Ramsey County; Minnesota, on orbefore :30.November 2004. Two (2) prints of the Final Plat showing evidence of filing shall be provided to the City Cleric, 4.. A Tree.& Vegetation Removal.& Alteration .Plan satisfactory to and approved by the City. shall be completed.and shall in0i.de--compliance.with Ordinance No. 66, including the.methods of computation required for implementation of the plan throughout thie development,. S. All utility easements: as shown on the..Preliininary Plat approved by the City. Attorney.sha[i be dedicated. 6. The Ci.ty's fees,:costs, disburseibents and reasonable attorney's fees incun-ed inoonricction with the foregoinb.shall have been paid in full by the.Developer. 7. The septic easetrtent weaofthe Rudisel. property shall be abandoned and. lands agreed upon in consideration of such an abandonment: shall be deeded to Rlidisel with all transactions.and filings attendant to the matter verified by the City Attorney. The foregoing; Resolution was o06red Oy Councilor Watson and was:supported by Councilot [go and Was declared adoted based upon the following! vote: NAME.: EMEOTT .WATSON BIRKEBAK, IGO BOSAIC VOTE Nay Aye Absent Aye Absent AI f zoV 1. PMderic:C, Magnuson, the duly qualified City Clerk of the City of Gem Lake, County of Ramsey, State of Minnesota, .do hereby certify.tltat the foregoing Resolution is atrue and acctirate representation of. action taken by the City Council of the City df Gent hake on the date first written. Frederic C. IVIapiuson; City Cleric Date Cerfif ieb Co�B a -filer resoIutimi'12004uto2004