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Document Missoula_doc_242e54a5a3

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Exhibit #1 CONDITIONS OF APPROVAL HAUSER ADDITION PLAT ADJUSTMENT JANUARY 28, 2008 1. Curb, gutter and sidewalk shall be installed on the east half of Davis Street adjacent to the subdivision in accordance with active city project #2006-032 prior to Phase I final plat approval. 2. Plans for street-tree plantings shall be reviewed and approved by City Parks and Recreation prior to final plat approval. 3. The developer shall dedicate a 12’ public pedestrian access easement within the area of the required curbside sidewalk from Davis Street to the eastern property boundary of Lot 1 and 5 on the Phase I final plat with the location to be reviewed and approved by the City Engineer prior to final plat approval. The 12’ public pedestrian access easement shall be extended from the eastern property boundary of Lot 1 and 5 to the western property line of Lot 3 and then northeast along the property boundary between Lots 2 and 3 and then north along the eastern property boundary of Lot 2 to the trail easement recorded in Book 727 Page 1573 or the proposed non-motorized bikeway trail easement to be reviewed and approved by OPG prior to Phase II final plat approval. 4. The developer or lot owners shall install a 6’ gravel trail within the required 12’ public pedestrian easement from the end of the required curbside sidewalk to the trail easement recorded in Book 727 Page 1573 or the proposed non- motorized bikeway trail easement to be reviewed and approved by OPG prior to Phase II final plat approval. 5. The covenants shall be amended to require adjacent lot owner maintenance of the area within the 12’ public pedestrian easement. Maintenance responsibilities shall include but not be limited to gravel surface maintenance, mowing and weed control. 6. Gas and electric utility easements shall be reviewed and approved by NorthWestern Energy prior to Phase I and Phase II final plat approval. 7. Article IV, Section 4 (“Amendment”) shall include irrigation water rights, radon, conditional public access easement, Lots 2 and 3 access, Lots 2 and 3 driveway removal and revegetation, short court maintenance and parking, public pedestrian easement maintenance and address signage as sections of the covenants that may not be amended without Governing Body approval. 8. Plans for installing curb, gutter, a 5 foot curbside sidewalk and paving the access road to the eastern boundary of Lots 1 and 5 to a 21 foot width within a 28 foot access easement shall be reviewed and approved by the City Engineer prior to Phase I final plat approval. Plans for extension of the approved roadway to the western boundary of Lot 3 then north to the southern boundary of Lot 2 shall be reviewed and approved by City Engineering prior to Phase II final plat approval. ---PAGE BREAK--- 9. A 28’ Conditional Public Access Easement shall extend along the common lot boundary of Lots 2 and 3 to the eastern boundary of the subdivision and then north to the northern boundary of Lot 2 to be shown on the Phase I and Phase II final plats, to be reviewed and approved by the City Engineer prior to final plat approval of each phase. The following statement shall appear on the plat and in the covenants and refer to the Conditional Public Access Easement: “This Conditional Public Access Easement is for the purpose of a public roadway as shown on the subdivision plat of the Hauser Addition, conditioned upon said easement being used as public roadway in the event a connection is made or planned. No structures shall be placed within said easement so as to interfere with the eventual use of the right-of-way as a public roadway.” 10. Lot owners in Hauser Addition shall waive the right to protest an SID for extension of the access road to the eastern and northern property boundary. SID waiver language shall be reviewed and approved by the City Engineer prior to Phase II final plat approval. 11. Lots 2 and 3 shall be accessed from the short court. Vehicular access via the private driveway to the north to 3rd Street shall be discontinued prior to building permit approval on Lot 2 or 3. The Development Covenants shall be amended to include the Lots 2 and 3 access restrictions subject to review and approval of OPG prior to Phase II final plat approval.