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(3) Private roads. When the preliminary plat has been approved on the basis of a private access road <br /> providing the only access to three or more lots, the private road shall be identified on the final <br /> plat as a separate outlot. The private road shall be identified by name if the road serves four or <br /> more lots.Whenever a private road outlot is proposed,the subdivider shall be required to provide <br /> for a permanent homeowners' association or road maintenance agreement acceptable to the city <br /> in order to ensure ownership and maintenance of the road outlot. <br /> (4) Road and utilities easements. The council may require the subdivider to convey to the city certain <br /> road and utility easements permitting public ingress, egress and access over private roads as a <br /> condition of final plat approval. <br /> a. Whenever a private access road is authorized, the required outlot shall be included on and <br /> conveyed in a road and utilities easement in the standard city form. <br /> b. Whenever areas of the plat are to be set aside for public or private utility construction and <br /> use,such areas shall be described and dedicated for public use on the plat.This shall include <br /> areas shown on record plat drawings as drainage and utilities easements. <br /> c. Whenever a road and utilities easement is required,the easement shall be fully executed prior <br /> to final plat approval, using the legal descriptions of the final plat, and shall thereafter be <br /> filed in the chain of title of the property concurrent with the filing of the final plat. <br /> (5) Flowage and conservation easements. The council may require the subdivider to convey to the <br /> city a flowage and conservation easement restricting the use, improvement and development of <br /> certain portions of the land to be subdivided. Flowage and conservation easements will be made <br /> a condition of final plat approval as follows: <br /> a. Whenever any open water,creek,stream or natural drainageway occurs in any portion of the <br /> subject tract, the floodplain or floodway of the lake, pond, stream, creek or drainageway <br /> shall be described as a drainage easement subject to a flowage and conservation easement to <br /> the city. <br /> b. Whenever any wetlands,marshlands or lowland acting as a stormwater retention area occurs <br /> within any portion of the subject tract,that area shall be described consistent with established <br /> flood or water retention elevations, soil type characteristics and vegetation characteristics as <br /> a drainage easement subject to a flowage and conservation easement to the city. <br /> c. Flowage and conservation easements may be described and conveyed by metes and bounds <br /> with the ownership and maintenance responsibilities remaining with the individual parcels. <br /> d. Whenever a flowage and conservation easement is required, the easement shall be fully <br /> executed prior to final plat approval, using the legal descriptions of the final plat, and shall <br /> thereafter be filed in the chain of title of the property concurrent with the filing of the final <br /> plat. <br /> (6) Homeowners'association agreements. The council may require the subdivider to create a viable <br /> homeowners'association, acceptable to the city,which will be responsible for the ownership and <br /> maintenance of, among other things, common facilities, private roads, private sewer and water <br /> lines,open space,pathways,drainageways,and drainage ponds,and any improvements which are <br /> not to be accepted by the city for public ownership and maintenance. <br /> (7) Development contracts. The council may require the subdivider to execute a development <br /> contract prior to final plat approval.The development contract shall set forth in the standard city <br /> form those improvements required to be completed as a condition of plat approval, the party <br /> responsible for the installation and maintenance of the improvements,and the method of payment <br /> of the installation and maintenance costs. <br /> Final Draft page 21 <br />