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-3- <br /> <br />construction cost of Dysprosium Street which street traverses through the PUD; <br />and <br /> <br /> W~tM~AS, the cluster development homes on the westerly side of the PUD <br />require a Hon~owners' Association; and <br /> <br /> WHMtEAS, the entire PUD shall be subject to restrictive covenants and <br />conditions in order to maintain the appearance of this residential development; <br />and <br /> <br /> WHEREAS, the Applicant has previously dedicated parkland to the City for the <br />subject PUD which parkland is located in Flintwood Hills First Addition and Jm <br />addition the Applicant has conveyed certain additional property to the City <br />adjacent to the City shop area on Highway 47; and <br /> <br /> WHEREAS, the Applicant owes to the City the sum of Five Hundred and No/100 <br />($500.00) Dollars for trees which were to be planted in the Flintwood Hills <br />First Addition which trees have not been planted; and <br /> <br /> WHEREAS, the subject PUD does provide access to the Flintwood Hills First <br />Addition park area; and <br /> <br /> WHEREAS, the City will convey to the Applicant thirty-three (33) feet of <br />property adjacent to 142nd Avenue ~ across the City shop property in return for <br />which the Applicant will convey to the City a thirty-three (33) foot street and <br />utility easement over and across the easterly thirty-three (33) feet of Lot 6, <br />Block 3 of the proposed PUD. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE RAHSEY CITY COUNCH.: <br /> <br /> 1. That final approval of the Flintwood Hills Second Planned Unit <br />Development is hereby granted subject to the following: <br /> <br /> a. That pursuant to Section 170.014G said approval shall terminate in the <br /> event the Applicant fails to begin construction of m~nicipal utilities <br /> within the PUD within twelve (12) months after the date of this Resolution. <br /> <br /> <br />