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13. RETAINING WALLS: The proposed retaining wall located on Lot 5 near the northern property line <br /> shared with Lots 2 and 3 shall be relocated so that it is located entirely on Lots 2 and 3, or the <br /> rear property line of Lots 2 and 3 shall be adjusted to include the wall. The proposed retaining <br /> walls located in the side yards of Lots 2-4 shall be located entirely on the individual lots and shall <br /> not encroach onto an adjacent property, including footings. The plans submitted for plan check <br /> review shall show the location of the wall and is subject to approval by the Director of Community <br /> Development and City Engineer prior to issuance of a building permit. <br /> Additionally, an easement shall be established from Lot 5 to Lots 2 and 3 for maintenance of, or <br /> removal and reconstruction of the retaining wall. The easement language shall include the <br /> following: <br /> a. On Lot 5, no trees shall be planted within or near the easement area, whose drip line <br /> would be within 5 feet of the wall, and no improvements, such as pool, accessory <br /> structures, etc. shall be constructed within the easement area. The owners of Lot 5 shall <br /> be responsible for the costs of removing any trees/improvements planted/constructed in or <br /> near or within the easement should it be necessary to do so to allow for maintenance or <br /> reconstruction of the retaining walls. <br /> b. Lot owners of Lots 2 and 3 shall not be responsible for restoring the improvements within <br /> the retaining wall easement area. The owners of Lot 5 shall hydroseed and irrigate the <br /> disturbed area to prevent any erosion on their property. <br /> c. All accessory structures and/or swimming pool on Lot 5 shall be set back a minimum of <br /> five feet from the retaining wall easement line. (PROJECT SPECIFIC CONDITION) <br /> 14. GRADING: The applicant shall submit a final grading plan for review and approval by the Director <br /> of Community Development and City Engineer prior to issuance of a building permit. (PROJECT <br /> SPECIFIC CONDITION) <br /> 15. PUBLIC TRAIL EASEMENT: The applicant shall dedicate a 25-foot wide public trail easement <br /> along the project site which runs parallel to Sycamore Road. This easement shall be shown on <br /> and recorded as part of the Final Map for Lot 1. (PROJECT SPECIFIC CONDITION) <br /> 16. PUBLIC TRAIL MAINTENANCE: The public trail shall be maintained by owner(s) of Lot 1. The <br /> applicant shall create a trail maintenance agreement which sets forth the maintenance <br /> responsibilities and requirements for the public trail. The trail maintenance agreement is subject <br /> to review and approval by the City Attorney, Engineering Department and Community <br /> Development Department prior to recordation of the final map. (PROJECT SPECIFIC <br /> CONDITION) <br /> 17. DALE WAY: Dale Way shall be included in the public trail easement document. Its maintenance <br /> shall be the responsibility of the Lot 1 owner(s) and be part of the public trail maintenance <br /> agreement. (PROJECT SPECIFIC CONDITION) <br /> 18. CREEK MAINTENANCE: The owner(s) of Lot 5 which contains the existing residence shall be <br /> responsible for maintenance and repairs of Sycamore Creek located on Lot 5. The applicant shall <br /> create a creek maintenance agreement which sets forth the maintenance responsibilities and <br /> requirements for the creek. The creek maintenance agreement is subject to review and approval <br /> by the City Attorney, Engineering Department and Community Development Department prior to <br /> recordation of the final map. (PROJECT SPECIFIC CONDITION) <br /> PUD-135, P19-0030, P19-0031 and VTM 8528 Planning Commission <br /> 990 Sycamore Road <br /> Page 4 of 21 <br />