A. Uses: The uses on said plat shall be restricted as follows:
1. The uses on Lot 1 of said plat shall be limited to twenty six (26) residential townhome units in the configuration shown on the plan set dated November 22, 2021, including the construction and operation of the playground and dog run areas and the parking lot shown on site plan dated November 22, 2021.
2. Uses on Lot 2 of said plat shall be limited to a seventy four (74) unit residential apartment building constructed substantially as shown on plan set dated November 22, 2021, along with a pool, clubhouse and parking lot.
3. Uses on Lot 3 of said plat shall be limited to a seventy four (74) unit residential apartment building constructed substantially as shown on the plan set dated November 22, 2021.
B. Lot Requirements And Setbacks: Setbacks on Lots 1, 2 and 3 shall be as shown on the plan set dated November 22, 2021.
C. Special PUD Conditions: Lots 1, 2 and 3 of said plat shall be subject to an easement agreement which shall include provisions substantially accomplishing the following objectives:
1. Lots 1, 2 and 3 of said plat shall have full use of the private drive and parking areas on said plat extending from 53rd Street to CSAH 19 as shown on the approved plans dated November 22, 2021 (collectively, "Private Drive"), including a shared cross-parking easement for Lot 3 of said plat to use the parking lot to be built on Lot 2 of said plat. In addition, in the event the City Council deems it necessary, developer shall allow Lot 1 of Heuring Meadows Commons to also use said Private Drive for ingress and egress, provided that said access shall be made in the location shown on the approved site plan dated November 21, 2021. At such time as Lot 1 of Heuring Meadows Commons connects to the Private Drive, said Lot 1 of Heuring Meadows Commons and the lots on said plat shall share the costs of maintaining the Private Drive. The Private Drive shall be maintained by the developer in good repair at all times similar to the manner in which the City maintains its residential streets.
2. At the time the final plat is recorded, unless such an agreement has already been recorded and burdens the property in said plat, developer shall record an easement agreement at the Wright County Recorder's Office that shall be binding upon Lots 1, 2 and 3 of said plat. Such easement agreement shall meet the approval of the City Attorney and the City Engineer, which approval shall not be unreasonably withheld, shall provide for access to the Private Drive by Lot 1 of Heuring Meadows Commons at such time as may be required by the City, and shall require the maintenance of said Private Drive in good repair at all times similar to the manner in which the City maintains its residential streets. Said Private Drive shall not be maintained by the City and shall remain a private road. (Ord. 2023-05, 5-15-2023)