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RES 1994-88 - 00003121126 IRESOLUTION NO. 88 - 1994 A RESOLUTION APPROVING PLAT, P.S. #94 -05, TOTING GRACE ADDITION WHEREAS, the Planning Commission held public hearings on the Plat, P.S. #94- 05, on June 29, 1994 and August 10, 1994 and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their September 19, 1994 City Council meeting and approved the Plat at their October 17, 1994 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #94 -05, Totino Grace Addition, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by E. G. Rud and Sons, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17TH DAY OF OCTOBER, 1994. WILLIAM NEE - MAYOR ATTEST: ua lit , uaaa'na WILLIAM A. CHAMPA - CI CLERK 127 1 Page 2 -- Resolution No. 88 - 1994 EBHIBIT A 1. A restrictive covenant shall be recorded against Lots 8 and 9, Block 1, preventing the removal of vegetation, except for dead and diseased trees. Staff has identified the area within which the restrictive covenant shall apply, and the legal description is as follows: Lot 8, Block 1: Beginning at the southeast corner of said Lot 8 northwesterly along a line to a point 75 feet west of the east lot line of said Lot 8, easterly to the northeast corner of said Lot 8 and thence southerly to the point of beginning. Lot 9, Block 1: Beginning at the northeast corner of said Lot 9 south to the southeast corner, thence westerly to a point 75 feet west of the east lot line of said Lot 9, thence northeasterly to the point of beginning. 2. Outlot A shall be named as a lot in the plat. 3. The dwelling on Lot 1, Block 1, shall face Royal Oak Court. 4. The significant trees along the side lot line of Lot 1, Block 1, within the 17.5 foot setback shall be preserved. Significant trees are defined as those trees six inches or greater in caliper. ' 5. Verifying surveys shall be submitted prior to the capping of the foundation. 6. The petitioner shall pay a park dedication fee of $1,500.00 per lot (9 x $1,500 — $13,500) at the time of building permit issuance. 7. The water quality pond shall be sized to meet the requirements of the Rice Creek Watershed District. 8. The Archdiocese shall execute and record a stormwater pond maintenance agreement providing for ongoing maintenance of the pond. 9. A drainage easement shall be dedicated over the water quality pond. 10. The design details of the six inch watermain loop as proposed by the petitioner shall be approved by the Public Works Director. This option is acceptable only if the trees indicated in the Royal Oaks memo dated July 21, 1994 are not removed as a result of any other construction. 11. The petitioner shall install water and sewer services to the lots on Matterhorn and shall pay the appropriate connection fees. 12. SAC fees shall be paid at the time of building permit issuance. 13. The petitioner shall comply with the comments listed in Scott Erickson's ' memo dated June 16, 1994, except for items #2, #4, and #22 which no longer apply to the request. 0 128 Page 3 -- Resolution No. 88 - 1994 14. Individual grading, erosion control, and tree preservation plans shall be submitted for each lot prior to the issuance of a building permit. 15. The improper fill of the wetland shall be removed and the wetland restored. 16. Restrictive covenants shall be recorded against Lots 5, 6, and 7, Block 1, preventing any filling of wetlands, including brush, grass clippings, trash, etc. Accessory structures and footings for decks, additions, gazebos, etc. shall not be located in the wetlands as delineated on the plat. The language shall be reviewed by the City Attorney. 17. No grading shall occur below the elevation of 948 on Lots 5 and 6, Block 1, and the lowest basement floor opening shall be at the 950 or above elevation. No grading shall occur below the elevation of 953 on Lot 7, Block 1, and the lowest basement floor opening shall be at the 955 elevation or above. 18. The dwellings on Lots 5 and 6, Block 1, shall be located as close to the lot line opposite the wetland as the code permits or as approved by City staff. 19. Two street trees per lot shall be planted by the petitioner. 20. The individual grading, erosion control, and tree preservation plan for each lot shall clearly show: A. The grading limits for the construction of the new home. B. The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. C. The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around it extended to the dripline. Work shall not commence until the City staff has field- inspected items B and C of the stipulation. 21. The lots shall not be clear cut of significant trees. 22. Restrictive covenants shall be recorded against the lots defining a 15 foot no -cut easement which shall be established along the south property line of Lots 1 - 5, Block 1, Totino -Grace Addition. The easement shall prohibit the cutting of trees or clearing of understory except for the removal of dead or diseased trees, subject to Public Works opinion that there is no impact to drainage by leaving the trees. 23. The City shall enter into a developer's agreement for the enforcement of the stipulations.