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9% <br />\ <br />4. nstablishmenl of a 35' vegetative buffer and execution ofaconser\'ation casement over said <br />buffer, along both sides of the creek within Lots I and 2. <br />5. Establishment by covenant of restrictions on tlic portion of Lot 1 containing slopes in excess <br />of 18% to prohibit the placement of structures w ithin said sloped areas. <br />6. Provision to the City of evidence ofa private shared drivew ay c;isement and co\ enants for <br />driveway maintenance over Outlot A in favor of Lots I and 2. <br />7. Establishment ofcovcn;mls for each lot for protection ofdrainfield sites w ithin each I ot, <br />including protective language for alternate septic sites along w ith stte plans locating both <br />primary and alternative sites; and including language alerting future property nwiiere of Uie <br />need to protect sites on adjacent properties. <br />8. Submittal of Minnehaha Creek Watershed District (MCWD) pcimil approving the <br />grading, drainage and stonnwater management plan for development of the Properly, <br />including any permits necessary for the creek crossing. <br />9. Payment to the City of Slormw ater and DrainageTmnk Fee. final plat review fees and legal <br />review and filing fees as identified within Resolution No. 5128, <br />10. Provision to the City of a title opinion for the Property and certified copies of all <br />recorded easements currently affecting the Property. <br />NOW, 1 lllCKKFOKl’^UE IT RESOLVED that ba.sed on the findings ofResolut ion No. <br />5128, theCity Council of the City ofOrono docs hereby approve the plat of.MALLY VALE, Hennepin <br />County, Minnesota subject to the following declarations and conditions; <br />1. A hat dcovci variance for the drivew ay creek crossing is hereby granted, such variance <br />allowing only tlie amount of hardcover w iihiii 75' of the bank of the creek that is necessary <br />to accomplish the creek crossing, subject to approval of the planning Director. <br />2. A variance is heieby granted for filling within the floodplain to accomplish the creek <br />crossing, subject to any rctiuircmcnts that maybe established by the Minnehaha Creek <br />Watershed District for such work. Only the one proposed creek crossing shall be allow ed <br />Page 2 of 5