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September 7, 2016 <br />Page 2 <br />Similar to the Mooney Lake subdivision approved in 2015, the private road in Outlot A is subject <br />to private easement and maintenance covenants, as well as an underlying access easement to the <br />City, all contained within the Developer's covenant document. However, an easement forun blic <br />access is not being granted, which makes this truly a private road as compared to most others <br />created in Orono since the 1970s. Staff and City Attorney note there is minimal if any risk to not <br />requiring an underlying public easement when certain conditions exist. Those conditions exist <br />here and include the following: <br />The private road being created does not have the potential to be extended to serve <br />adjacent undeveloped properties; and <br />The Developer has established covenants that require homeowner maintenance of the <br />private road, yet allow the City to provide for maintenance if the homeowners do not do so, and <br />to assess the homeowners for that work. <br />Staff Recommendation <br />The final plat approval resolution is drafted such that filing of the plat and associated documents <br />with Hennepin County will not occur until all specific requirements of approval have been <br />completed. This includes the City having in hand the issued MCWD permits, Hennepin County <br />access permits, Letter of Credit and escrow, signed Development Agreement, signed covenants, <br />etc. <br />Staff recommends that the Council adopt the attached resolution, subject to staff and City <br />Attorney confirmation of satisfactory completion of all required final submittals and documents. <br />COUNCIL ACTION REQUESTED <br />Motion to amend or adopt the attached resolution entitled A Resolution Approving the Plat of <br />Crystal Bay Estates - File #15-3749/16-3858. <br />