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- 2 - <br /> <br />address the park dedication or cash donation requirements for <br />all of the remaining development phases of the Northfork PUD; <br />and <br /> <br /> WHEREAS, the Developer presently has fee title to <br />approximately 1100 acres contained within the Northfork PUD, <br />exclusive of that portion of said PUD platted as NORTHFORK; <br />and <br /> <br /> WtIEREAS, the City Code permits the City to require 87°- <br /> <br />10% of the said 1100 acres in the PUD to be dedicated for park <br />purposes, for a possible park land dedication of 88 to 110 acres. <br />In addition, the code requires that in all PUD's at least 20% of <br />the gross land area be set aside for private or public open <br />space air recreational uses; and <br /> <br /> WHEREAS, the City does at this time have specific park <br /> <br />use plans requiring the dedication of 35 acres of land in the PUD <br />for park purposes; and <br /> <br /> WHEREAS, within the PUD is a private lake consisting of <br />approximately 110 acres and a private green space area consisting <br />of approximately 100 acres. <br /> <br /> I~OW THEREFORE, BE IT AGREED BY AND BETWEEN THE <br />PARTIES HERETO AS FOLLOWS: <br /> <br /> 1. That the Developer prior to the recording of the plat of <br />NORTHFORK SECOND will convey to the City by Quit Claim Deed, a <br />perpetual easement to the following legally described property <br />located within the PUD, to-wit: <br /> <br /> A 60.00 foot wide permanent easement for trail purposes <br /> over, under and across the following described property: <br /> <br /> <br />