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152229v01 <br />SMM:06/07/2010 <br />8 <br />23.SPECIAL PROVISIONS.The following special provisions shall apply to development <br />of the Land: <br />A.Implementation of and adherence to the findings and conditions listed in <br />Resolution No.________ Approving the Preliminary Plat for Property Located at <br />____________________________, File No. __________, adopted by the Orono City Council on <br />______________, 20____. <br />B.Conservation easements for the protection of wetlands, steep slopes, woodlands <br />and open spaces must be established over ______________ and the rear portions of all building lots as <br />shown on the approved Conservation/Preservation Plan drawing. Before the City signs the Plat, the <br />Developer shall provide the City with an appropriately executed Grant of Permanent Flowage and <br />Conservation Easement and Restrictive Covenant for Wetland and Wetland Buffer (the “Conservation <br />Easement”), in recordable form, specifying the proposed conditions and limitations to be placed on the <br />specific areas noted above. The easement shall incorporate as a minimum the following elements: no <br />structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or <br />vegetation removal except by special permit for maintenance or as part of an approved vegetation <br />management plan, no excavating or earth movement. Creation and maintenance of non-hardcover <br />walking paths may be allowed. Permanent markers of a design and material acceptable to the City <br />Planning Director shall be placed at all points where the conservation easement intersects a lot boundary <br />or where the easement boundary line changes direction. The recording of the Plat and the Conservation <br />Easement shall be conclusive evidence of the satisfaction of this special provision. <br />C.Final Plat approval is subject to Minnehaha Creek Watershed District <br />(“MCWD”) approval and permits as required. The City will not approve the Plat until the MCWD has <br />approved the stormwater management plans and the Developer has provided evidence that all required <br />MCWD permits have been obtained. <br />219