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03-9302r I I I 124 RESOLUTION NO. 9302 RESOLUTION GRANTING PRELIMINARY APPROVAL OF A SUBDIVISION CITY BELLA WHEREAS, The Gramercy Corporation has requested preliminary approval to combine and subdivide several tracts of land generally bounded by 66th Street on the North, Lyndale Avenue on the east, Lake Shore Drive (except for the property at 6711 Lake Shore Drive) on the south and the Lake Shore Drive Condominium property on the west; and WHEREAS, the proposed subdivision is to be known as City Bella; and WHEREAS, a public hearing on the proposed preliminary plat of City Bella was held on February 11, 2003 at which all interested parties were given the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota as follows: 1. The proposed plat of City Bella satisfies the requirements of the City's subdivision ordinances. 2. Preliminary approval is granted to the Gramercy Corporation for the plat of City Bella, subject to the following conditions: . That the developer will provide covenants and restrictions necessary to effectuate the final development plan for the project area, as determined by Community Development staff. . That the developer will dedicate easements necessary to provide public utilities and drainage for the site, as determined by the Public Works staff. . That the developer will dedicate easements as necessary to provide right-of-way along 66th Street and Lyndale Avenue. . That the developer will provide easements required to retain public access to vacated right-of-ways at Auto Lane and Lake View Walk. . That easements and covenants be established governing the use and maintenance of common areas and that the easements and covenants be subject to review and approval by the City Attorney; . That the developer shall submit title evidence to the City Attorney for review and approval; . That final plat approval will not be granted until all of the properties in the area to be replatted are under the control of the applicant. "Control" shall mean that the developer has an interest in th!3 property by deed or non-contingent purchase ag reement. . That after the development is substantially constructed, the developer will file a Declaration of Common Interest Community plat. Adopted by the City Council of the City of Richfield, Minnesota this 11th day of February, 2003. ~-:7-c~(l1 W Martin~YOr ATTEST: