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8. <br />9. <br />;o. <br />11. <br />12. <br />13. <br />14. <br />that would occur if such private road was constructed to City standards at this <br />location near the Maxwell Bay lake access. Said Outlot shall be subject to an <br />underlying road, drainage and utility easement to be granted to the City for <br />possible future use. except that the westerly 5 feet of said Outlot shall not be <br />subject to said easement. <br />The Declaration of Covenants for maintenance of the private road shall be <br />amended to include the portion of proposed Lot 1 not included under the <br />existing Declaration. <br />The City had no intent to continue said private road westward to Birch Lane at <br />the time of the plat of Tonkawa Shores in 1998. The intent of stopping the <br />underlying road easement 5 feet short of the west boundary as noted above is <br />to limit the likelyhood that a future Council will make the future through road <br />connection to Birch Lane. <br />Lots 1 and 2 were required to gain access to the private road via a shared <br />driveway in order to minimize hardcover on those lots. The lots would now <br />increase in size and eliminate the likelyhood of a shared driveway. <br />A buffer w-as developed within Lot 3 for the purposes of a drainage easement <br />granted to the City. The Declaration of Covenants shall be amended to include <br />the west portion of proposed Lot 1 in the Maintenance Agreements for said <br />buffer. <br />Thomas D. Johnson, Transportation Planning Engineer for the Hennepin County <br />Department of Transportation, in his letter of February 12, 1998, approved the <br />proposed curb cut location to Tonkawa Road (County Road 135). <br />The Orono Park Commission has recommended that no additional right-of-way <br />or trail easements are required from this developer since any future trail needs <br />can be accommodated within the existing right of way. <br />The City intends that no hardcover variances will be granted for development of <br />homes on Lots 1, 2 and 3. <br />Page 3 of 7