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No occupancy permit for any lot in the Plat shall be issued until: (a) vehicular access to the <br />lot is provided including the installation of at least one layer of bituminous surfacing; (b) <br />both the sanitary sewer and water utilities are in place, fully operational, and accepted by the <br />CITY; (c) for lots that have a slope of less than 2%, a certificate of grading, prepared by a <br />licensed (State of Minnesota), professional land surveyor, must be provided to the City <br />documenting that the flattest grade on this lot is 1% or greater will require certificates of <br />grading; and (d) boulevard sod and landscape tree, or escrow for same, have been provided. <br /> <br /> SECTION IV <br />PARK DEDICATION <br /> <br />16. Park Dedication. The Brookfield Plat is located in the Trott Brook Recreation District. <br /> Park dedication requirements shall be satisfied b~, a ..c. ash payment of Two Thonsand Four <br /> Hundred Dollars and no cents per lot. The Plat is..creating. 49 lots; the'existing homestead on <br /> Lot 3, Block 3 is exempt from Park Dedication reqhirements. The cash payment due on the <br /> Plat is One Hundred Fifteen Thousand Two Hundred Dollars and no cents ($115,200) (48 <br /> lots x $2,400/1o0. This payment shall be made to the City prior to the release of the Final Plat <br /> for recording. These monies, together with the Trail Fees (Item #17) shall be available for <br /> construction of a ten-foot wide bituminous trail from the western most line of the Plat, to the <br /> Road Right of Way of Nowthen Boulevard, as a Stage I improvement. <br /> <br />17. Conservation and Trail Easement. Prior to the release of the Final Plat, the DEVELOPER <br /> shall be required to submit construction plans for the construction of a 10-foot bituminous <br /> trail adjacent to Trott Brook, from the westerly limits of the Plat, to Nowthen Boulevard <br /> N.W. as identified on the final plat. The DEVELOPER shall also be required to dedicate to <br /> the CITY a Conservation and Trail Easement adjacent to Trott Brook, from the westerly <br /> limits of the Plat, to Nowthen Boulevard N.W. The Conservation and Trail Easement is <br /> 22.08 acres and shall be available for public use pursuant to the easement document which <br /> shall be recorded separately. If it is determined that the trail to be constructed by the <br /> DEVELOPER (discussed below), is required to deviate outside the limits of the <br /> Conservation and Trail Easement; the Developer shall dedicate additional Trail Easement(s) <br /> to accommodate this deviation. Tiffs easement area shall not be compensation eligible for <br /> Trail credit purposes. The DEVLOPER shall be required to construct this trail segment as a <br /> part of the Stage 1 improvements (see Item #18). <br /> <br /> SECTION V <br />TRANSPORTATION AND LANDSCAPING <br /> <br />18. Trail Development and Fees. The City Council has enacted a trail development fee in the <br /> amount of Five Hundred Eighty Dollars and no cents ($580) per unit. The existing <br /> homestead on Lot 3, Block 3 is exempt from Trail Development Fee requirements. <br /> Therefore, a payment in the amount of Twenty-Seven Thousand Eight Hundred Forty Dollars <br /> and no cents ($27,840) (48 lots x $580/1o0 shall be paid to the CITY prior to releasing the <br /> Brookfield First Addition <br /> Development Agreement <br /> Page 8 of 14 <br /> <br />-167- <br /> <br /> <br />