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1254 for a permanent homeowners'association or road maintenance agreement acceptable to the city <br /> 1255 in order to ensure ownership and maintenance of the road outlot. <br /> 256 (4) Road and utilities easements. The council may, • : • • :. •257 _require the subdivider to convey to the city certain road and <br /> 258 utilityies easements permitting public ingress,egress and access over private roads as a condition <br /> 259 of final subdivi ionplat.approval. <br /> 1260 a. Whenever a private access road is authorized,the requird outlot hall be included on and Commented[SM751:Are we doing an outlot? <br /> 1261 conveyed in a road and utilities easement in the standard city form. <br /> Commented[JB76]:Yes,for a private road.A private <br /> 1262 b. Whenever areas of the plat are to be set aside for public or private utility construction and drive is handled with an easement <br /> 1263 use,such areas shall be described and dedicated for public use on the plat.This shall include <br /> 1264 areas shown on record plat drawings as drainage and utilities easements. <br /> 1265 c. Whenever a road and utilities easement is required,the easement shall be fully executed prior <br /> 1266 to final plat approval, using the legal descriptions of the final plat,and shall thereafter be <br /> 1267 filed in the chain of title of the property concurrent with the filing of the final plat. <br /> 1268 (5) Flowage and conservation easements.The council may, .:s• __: : :. • : •- : '• <br /> 269 commission and/or city staff, _require the subdivider to convey to the city a flowage and <br /> 1270 conservation easement restricting the use,improvement and development of certain portions of <br /> 1271 the land to be subdivided.Flowage and conservation easements will be made a condition of final <br /> 1272 plat approval as follows: <br /> 1273 a. Whenever any open water,creek,stream or natural drainageway occurs in any portion of the <br /> 1274 subject tract,the floodplain or floodway of the lake, pond, stream, creek or drainageway <br /> 1275 shall be described as a drainage easement subject to a flowage and conservation easement to <br /> 1276 the city. <br /> 1277 b. Whenever any wetlands,marshlands or lowland acting as a stormwater retention area occurs <br /> 1278 within any portion of the subject tract,that area shall be described consistent with established <br /> 1279 flood or water retention elevations,soil type characteristics and vegetation characteristics as <br /> 1280 a drainage easement subject to a flowage and conservation easement to the city. <br /> 1281 c. Flowage and conservation easements may be described and conveyed by metes and bounds <br /> 1282 with the ownership and maintenance responsibilities remaining with the individual parcels <br /> 283 <br /> 1284 d. Whenever a flowage and conservation easement is required, the easement shall be fully <br /> 1285 executed prior to final plat approval,using the legal descriptions of the final plat,and shall <br /> 1286 thereafter be filed in the chain of title of the property concurrent with the filing of the final <br /> 1287 plat. <br /> 288 (6) Homeowners'association agreements.The council may, <br /> 289 ,require the subdivider to create a viable homeowners'association, <br /> 1290 acceptable to the city,which will be responsible for the ownership and maintenance of,among <br /> 1291 other things, common facilities, private roads, private sewer and water lines, open space, <br /> 1292 pathways,drainageways,and drainage ponds,and any improvements which are not to be accepted <br /> 1293 by the city for public ownership and maintenance. _._• . _ _ Commented[JB77]:Examine <br /> 1294 <br /> 1295 of trash and debris, mosquito control, odor control, silt removal from drainage ponds and <br /> 1296 <br /> 1297 _ <br /> 1298 <br /> 1299 b." <br /> June 15,2020 page 30 <br />