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HomeMy WebLinkAboutItem 06.jMay 18, 2012 Item No. MAY 21, 2012 CITY COUNCIL MEETING TULLAMORE 1ST ADDITION FINAL PLAT AND EASEMENT VACATION Proposed Action Staff recommends adoption of the following motion: Move to approve resolutions approving: 1) the final plat of Tullamore 1st Addition, and 2) the vacation of a public roadway, drainage and utility easement. Adoption of this motion will allow the development of 52 single family residential lots. Overview U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the first phase final plat of Tullamore 1st Addition. The final ncludes 52 single family lots located west of Pilot Knob Road (CSAH 31) and north of 170 Street. The preliminary plat of 148 single family lots was approved by the City Council on June 16, 2006. Due to overall economic conditions in the housing market, the project did not move forward at that time. Extensions to the preliminary plat have been approved annually by the City Council since 2006. Planning and Engineering Department staff recommend approval. Primary Issue to Consider Is the final plat of Tullamore 1 Addition consistent with the Tullamore preliminary plat approved in 2006? The first phase final plat proposes 52 single family lots and is consistent with the street and lot design of the approved preliminary plat. The preliminary plat allows a total of 148 single family lots for the entire site. Supporting Information • Resolution approving the Tullamore 1 Addition final plat. • Resolution vacating a roadway, drainage and utility easement. • Signed development contract and temporary drainage and utility easement. • Planning and engineering reports dated May 10 and May 11, 2012. • Dakota County Plat Commission letter dated May 10, 2012. cut, LC � Frank Dempsey, A Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF TULLAMORE 1 ADDITION WHEREAS, the owner of the property described as TULLAMORE 1 ADDITION has requested final plat approval; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The TULLAMORE 1 ADDITION final plat is approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. 4. U.S. Home Corporation has requested that if § 10 -8 -4 of the City Code is amended to decrease park dedication cash requirements, as a result of the park dedication fee study, the difference may be refunded back to U. S. Home Corporation. DATED this 21 day of May 2012 ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 21 day of May 2012 as shown by the minutes of said meeting in my possession. Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE Mark Bellows, Mayor Charlene Friedges City Clerk (SEAL) (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 12 RESOLUTION VACATING PUBLIC ROADWAY, DRAINAGE AND UTILITY EASEMENT WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the vacation of the following described public roadway, drainage and utility easement; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public roadway, drainage and utility easement. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public roadway, drainage and utility easement is hereby vacated subject to the recording of the Tullamore 1 Addition final plat: The south 50.00 feet of the East Half of the Southeast Quarter of Section 2, Township 114, Range 20, Dakota County, Minnesota, Except that part thereof lying within the right of way of County State Aid Highway Number 31 (Pilot Knob Road). 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 21 day of May 2012. ATTEST: BY: Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 CITY OF LAKEVILLE BY: Mark Bellows, Mayor I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 21 day of May, 2012 as shown by the minutes of said meeting in my possession. Charlene Friedges City Clerk Seal (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) TULLAMORE 1 ST ADDITION CONTRACT dated , 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and U.S. HOME CORPORATION, a Delaware corporation d /b /a LENNAR (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Tullamore 1s Addition (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: The East Half of the Southeast Quarter of Section 2, Township 114, Range 20, Dakota County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security 164187v02 LKVL:Tullamore 1' Addition 1 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) has been received by the City, and 3) the necessary insurance for the Developer and its construction contractors has been received by the City. In addition, the City will not issue a permit for more than one structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer's approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil 164187v02 LKVL:Tullamore 1 Addition 2 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional 164187v02 LKVL:Tullamore 1 Addition 3 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre- construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights -of -Way B. MnDot for State Highway Access C. MnDot for Work in Right -of -Way 164187v02 LKVL:Tullamore 1 Addition 4 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2012, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading 164187v02 5 LKVL:Tullamore 1 Addition SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. .Seed shall be in accordance with the City's current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except one model home permit on a lot acceptable to the Building Official), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The 164187v02 6 LKVL:Tullamore 1 Addition SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in -house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a 164187v02 LKVL:Tullamore 1 Addition 7 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in -house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated construction cost. 19. REGIONAL STORMWATER BASIN. Tullamore 1 Addition is in Subdistrict NC -17 of the North Creek drainage district of the City. The site flows southeasterly towards the intersection of 170 Street and Pilot Knob Road. The emergency overflow for the Tullamore 1 Addition plat is southerly across 170 Street near North Trail Elementary School. Pilot Knob Road is at a higher elevation in this area then the low point of 170 Street. The Tullamore 1S Addition site is tributary to regional basin NC -17 -1. The Developer must construct the remaining section of NC -17 -1. The entire regional basin, which encompasses other developments, must have a total minimum of 37 acre feet of live storage for the 100 year event and limit the 100 year discharge rate to 81 cfs. Development of Tullamore 1s Addition completes the live storage and discharge requirements for NC -17 -1. The material resulting from the excavation of the stormwater basin will be used to balance the site and allow the Developer to construct additional lookout and walk out homes within the development. The Developer is eligible for a credit for the excavation of the regional stormwater basin at a rate of $0.50 /cubic yard for the live storage volume. The volume of the live storage provided on this site as submitted by the Developer is 25,778 cubic yards of live storage (15.98 acre feet) for a credit of $12,889.00. Outlot A, which contains regional basin N -17 -1 will be conveyed to the City by warranty deed from the Developer at the time of final plat and is being acquired by the City at a rate of $5,500.00 per acre consistent with City policy calculated as follows: 8.78 acres (Area of Outlot A) x $5,500.00 /acre = $48,290.00 20. STORM SEWER. Tullamore 1s Addition includes the construction of a public storm sewer system. The storm sewer will collect and convey runoff generated from the development to the 164187v02 LKVL:Tullamore 1 St Addition $ SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) stormwater treatment basins. Finial storm sewer locations and sizes must be reviewed by City staff with the final construction plans. Draintile construction is required in areas of non - granular soils within Tullamore 1s Addition for the street sub -cut and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction, shall be the Developer's responsibility to install and finance. The trunk storm sewer area charge has not been collected on the parent parcels of Tullamore 1st Addition and must be paid in cash at the time of final plat approval. The trunk storm sewer area charge is calculated as follows: 3,529,774 s.f. - 1,867,424 s.f. - 382,293 s.f. - 325,309 s.f. x $0.167/s.f. = $159,442.92 Gross Area of Area of Outlot B Area of Outlot A Area of 170'" St. & Area Charge Tullamore 1 Addition (Future Development) (Deeded to the City) Pilot Knob ROW Ded. The balance due the City for trunk storm sewer is calculated as follows: 21. SANITARY SEWER. Tullamore 1 Addition includes the extension of public sanitary sewer. Eight (8) inch sanitary sewer will be extended within the subdivision from an existing 10 -inch sanitary sewer stub located at the future street connection at 165 Street as necessary to serve the proposed lots. The Developer must submit a signed temporary fifty foot (50') wide drainage and utility easement within Outlot B centered over the proposed sanitary sewer which will be automatically vacated when Outlot B develops into Tots and blocks. The proposed sanitary sewer layout is in accordance with the City's Comprehensive Sanitary Sewer Plan. Final locations and sizes of all sanitary sewer must be reviewed by City staff with the final construction plans. The sanitary sewer availability charge has not been collected on the parent parcels of Tullamore 1 Addition and must be paid in cash at the time of final plat approval. The sanitary sewer availability charge is calculated as follows: 52 dwelling units x $307.00 /dwelling unit = $15,964.00 164187v02 Trunk Storm Sewer Area Charge Less Credit for Regional Stormwater Basin Excavation Less Credit for Deeding Outlot A to the City of Lakeville Balance Due the City $ 159,442.92 - 12,889.00 - 48,290.00 $ 98,263.92 LKVL:Tullamore 1 Addition 9 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) 22. WATERMAIN. Development of Tullamore 1 Addition includes the extension of public watermain. Eight (8) inch watermain will be extended within the subdivision and will be stubbed at 169 Street to connect to the Jamesdale Estates development. To complete a looped system, the watermain will connect to the trunk watermain located on the south side of 170 Street. The Developer must submit a work in right -of -way permit to the City and schedule the connection and associated street repair for a non - student contact day with the Farmington School District. The connection and street repair must occur with the street open to traffic and be fully repaired within a 48 -hour period. The lateral watermain access charge has not been paid for the 12 -inch watermain along 170 Street and must be paid in cash at the time of final plat approval. The lateral watermain access charge is based on the section of final plat that is adjacent to 170 Street and is calculated as follows: 1,338.16 f.f. - Front Footage Along 170 Street 100.00 f.f. x Front Footage Along Pilot Knob Road $38.40/f.f. = $47,545.34 Lateral Watermain Access Charge The Developer is responsible for abandoning any on -site wells or septic systems associated with the old homestead within the development. Abandonment must be completed at the time Outlot B develops into lots and blocks. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to Enfield Way at 170 Street from Pilot Knob Road. 24. PARK DEDICATION, SIDEWALKS AND TRAILS. Five (5) foot wide concrete sidewalks will be constructed at the Developer's expense on one side of all local streets within the development, except for Enfield Court, the short cul -de -sac. A ten (10) foot wide bituminous trail was constructed along Pilot Knob Road adjacent to the plat at the time Pilot Knob Road was upgraded to a four lane divided urban roadway. The Developer must construct an eight (8) foot wide trail along the northern right -of -way of 170 street extended from the trail along the west side of Pilot Knob Road to Eventide Way in the Jamesdale Estates development. The Developer will be responsible for 5 /8 the estimated trail construction costs and will be 100% responsible 164187v02 10 LKVL:Tullamore 1 Addition SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) for rough grading and restoration of the trail area adjacent to the Tullamore 1 Addition plat. The City will credit the Developer's cash fees for the City's 3 /8ths portion of the trail construction along 170 Street and 100% of the trail portion adjacent to the Jamesdale Estates development. The 170 Street trail construction credit is calculated as follows: $13,068.89 Total Estimated Cost for Trail Construction Along 170 Street $5,236.22 Total Estimated Cost for Greenway Trail Construction in Tullamore 1 Addition x 3 /8ths City's Trail Cost Portion Park Dedication Fee Less Credit for 170 Street Trail Construction Less Credit for Greenway Trail Construction Park Dedication Balance Due the City + $2,026.44 = $6,927.27 Total Estimated Cost for Trail Construction Adjacent Jamesdale Estates In addition, an eight (8) foot wide bituminous trail must be constructed from Enfield Way to the future greenway corridor trail to be constructed along the north side of the regional stormwater basin and connected to Eventide Way through the Fieldstone Creek development. The Developer will be responsible for 100% of the rough grading and restoration of the trail area within the Tullamore 1 Addition plat. The City will credit the Developer's cash fees 100% of the cost for the bituminous and aggregate base associated with the trail construction. The greenway trail construction credit is calculated as follows: + $2,384.22 Total Estimated Cost for Greenway Trail Construction in Fieldstone Creek Development $7,620.44 The park dedication fee has not been collected on the parent parcels of Tullamore 1 Addition and must be paid at the time of final plat approval. The park dedication fee is based on the rate in effect at the time of final plat approval and is calculated as follows: 52 Single- family Dwelling Units x $4,747.00 /dwelling unit The balance due the City for park dedication is calculated as follows: _ $246,844.00 $ 246,844.00 - 6,927.27 - 7,620.44 $ 232,296.29 25. OVERHEAD UTILITY LINES. Consistent with the City's Right -of -Way Management Ordinance, the existing overhead utility lines adjacent to the Tullamore 1s Addition plat must be buried. The Developer will be responsible for all costs associated with burial If the overhead utilities along 170 Street adjacent to the plat. A $56,910.37 security must be posted at the time of final plat approval to 164187v02 11 LKVL:Tullamore 1 Addition SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) ensure the overhead electric lines are relocated and maintained underground with the Tullamore 1 Addition final plat. The Developer must contact the facility owner, Dakota Electric Association, to schedule the work to coincide with the proposed plat. The City is strongly recommending that the Developer bury the existing overhead electric lines prior to construction of the eight (8) foot bituminous trail along 170 Street to ensure the trail is not damaged by future overhead -to- underground conversion work. 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic controls signs of $5,117.25 is due with Tullamore 1 Addition, consisting of four stop /street signs, four advance curve warning and advisory speed placard, four end -of -road object marker signs and one future street connection sign; one stop ahead warning sign and "Stop Ahead" placard, and three regulatory signs, including a winter no parking sign, a speed limit sign, and a watering restrictions sign. If the street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each street sign location. A cash fee for one -year of streetlight operating expenses must be paid at the time of final plat approval calculated as follows: 52 dwelling units x $7.65/unit/qtr. x 4 qtrs. = $1,591.20 27. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface water management expenses must be paid at the time of final plat approval calculated as follows: 52 dwelling units x $7.00/unit/qtr. x 4 qtrs. = $1,456.00 28. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to bug infestation or weak bark. The minimum deciduous tree size shall be two and one -half (2%2) inches caliper, balled and burlapped. Evergreen trees must be at least six feet (6') tall. The trees may not be planted in the right -of -way. The Developer or lot purchaser shall sod the front yard, boulevard, and side 164187v02 LKVL:Tullamore 1' Addition 12 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, Tess any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50 %) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50 %) will be released one year after the landscaping inspection and any warranty work has been completed. 29. BUFFER YARD BERM /LANDSCAPE SCREEN. City zoning and subdivision ordinances require the installation of a buffer yard berm /landscape screen for the Tots that abut 170 Street (major collector). Before the City signs the final plat, the Developer shall post a security of $39,500.00 to guarantee the installation of the buffer yard berm /landscape /screen on the lots within the development abutting 170 Street in accordance with the approved landscape plan. The approved landscape plan includes the installation of a four foot tall berm with a double row of spruce landscaping along 170 Street as required by the City zoning ordinance. The berms must be constructed outside of the required sight triangle of the road intersections. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. The Developer is proposing to install additional landscaping adjacent to the stormwater basin within Outlot A as shown on the landscape plan. 30. TREE PRESERVATION. The Developer must post security for tree preservation at the time of final plat approval on an Individual lot basis for each lot containing a "save" significant tree. The 164187v02 LKVL:Tullamore 1 Addition 13 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) required security is $1,500.00 for each lot with a "save" significant tree and $1,000.00 for each outlot with a "save" significant tree and is calculated as follows for Tullamore 1 Addition: Outlot B 1 Outlot @ $1,000.00 = $1,000.00 Prior to the issuance of building permits in this plat, the Developer's forester shall certify that all trees designated to be saved on the tree preservation plan are saved or replaced in compliance with Subdivision Ordinance requirements. Prior to issuance of a building permit for homes on a lot with tree preservation, the builder shall post a $1,000.00 tree protection security and provide an individual lot tree preservation plan. The Developer shall submit an as -built tree preservation plan following site grading, street and utility construction. After City staff has reviewed and approved the as -built tree preservation plan the security maybe released. 31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the May 10, 2012, engineering report. B. Before the City signs the final plat, the Developer shall convey Outlot A to the City by warranty deed, free and clear of any and all encumbrances. C. The vacation of the roadway, drainage and utility easement along 170 Street is subject to the recording of the Tullamore 1S Addition final plat. D. Before the City signs the final plat, the Developer must provide the City with a signed temporary easement for sewer purposes through Outlot B, Tullamore 1 Addition, in recordable form. E. The Developer must obtain a sign permit from the City Planning Department prior to installation of any subdivision identification signs for the Tullamore 1 Addition development. Any signs must be in compliance with the City zoning ordinance. F. Driveway access for Lot 8, Block 3 and for Lot 2', Block ' shall be from the street fronting the north side of these two lots. G. The rear yards of Lot 21, Block 1 and Lots 4 through 8, Block 3 must be sodded to the south, edge of the trail to be constructed on the north side of 170 Street. A $1,000.00 cash escrow 164187v02 LKVL:Tullamore 1 Addition 14 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) must be submitted with the building permit applications for these 12 lots to guarantee installation of the rear yard sodding. H. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $5,400.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 54 lots /outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. I. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per unit for a total charge of $4,050.00. J. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $11,100.00 and consists of one mast -arm streetlight at $1,200.00 and eleven decorative lights at $900.00 each. K. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special 164187v02 LKVL:Tullamore 1 Addition 15 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ( "security ") for $1,545,054.79, plus a cash fee of $36,853.50 for City engineering administration. The amount of the security was calculated as follows: 164187v02 CONSTRUCTION COSTS: A. Sanitary Sewer $ 218,158.50 B. Watermain 179,529.00 C. Storm Sewer /Draintile 181,988.50 D. Street Construction 317,484.00 E. Erosion Control /Stormwater Basins, Restoration, Grading Certification 331,290.15 CONSTRUCTION SUB -TOTAL $ 1,228,450.15 OTHER COSTS: A. Developer's Design (6.0 %) $ 73,707.01 B. Developer's Construction Survey (2.5 %) 30,711.25 C. City Legal Expenses (Est. 0.5 %) 6,142.25 D. City Construction Observation (Est. 7.0 %) 85,991.51 E. Developer's Record Drawings (0.5 %) 6,142.25 F. Burial of Overhead Utility Lines 56,910.37 G. Landscaping 39,500.00 H. Tree Preservation 1,000.00 I. Street Lights 11,100.00 J. Lot Corners /Iron Monuments 5,400.00 OTHER COSTS SUB -TOTAL $ 316,604.64 TOTAL SECURITIES: $ 1,545,054.79 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not LKVL:Tullamore 1 Addition 16 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for security reductions. 33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: 164187v02 A. Park Dedication $ 246,844.00 B. Trunk Storm Sewer Area Charge C. Sanitary Sewer Availability Charge D. Lateral Watermain Access Charge E. Traffic Control Signs F. Street Light Operating Fee G. Surface Water Management Utility Fee H. City Base Map Updating I. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) Sub -Total CASH REQUIREMENTS Credits to the Cash Requirements: 170 Street Trail Construction Greenway Trail Construction Regional Stormwater Basin Excavation (Live Storage Volume) Conveyance of Outlot A to the City SUB -TOTAL CREDITS TO CASH REQUIREMENTS 159, 442.92 15, 964.00 47, 545.34 5,117.25 1,591.20 1,456.00 4,050.00 36,853.50 $ 518,864.21 $ 6,927.27 7,620.44 12, 889.00 48,290.00 $ 75,726.71 LKVL:Tullamore 1 Addition 17 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) TOTAL CASH REQUIREMENTS $ 443,137.50 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 35. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. 164187v02 LKVL:Tullamore 1 Addition 18 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more Tots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18 %) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 36. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 37. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 164187v02 LKVL:Tullamore 1 Addition 19 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) 164187v02 B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including Tots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that LKVL:Tullamore 1 Addition 20 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) 164187v02 there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the public improvements. Limits for bodily injury and death shall be not Tess than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not Tess than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer and contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with LKVL:Tullamore 1 Addition 21 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16305 36 Avenue N., Suite 600, Plymouth, Minnesota 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. 164187v02 [The remainder of this page has been intentionally left blank. Signature pages follow.] LKVL:Tullamore 1 Addition 22 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) 164187v02 (SEAL) CITY OF LAKEVILLE BY: AND Mark Bellows, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2012, by Mark Bellows and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC LKVL:Tullamore 1 Addition 23 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) STATE OF MINN-NESSOTTA ) COUNTY OFA,� ) ss. The f 2012, by U.S. Home C CAROLE TOOHEY Notary Public State of Minnesota My Commission Expires January 31 , 201 7 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn 164187v02 DEVELOPER: U.S. HOME CORPORATION d /b /a LENNAR BY: _ Its gip, NOTARY PUBLI " }h or g oing instrument was acknowledged before me this 1 °— day of (1 eD. XQ} the Ni \Cf", Or) Ce n - ration, a Delaware corporation d /b /a Lennar, on it behalf. c of LKVL:Tullamore 1 Addition 24 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) COUNTY OF 164187v02 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this day of , 2012. STATE OF MINNESOTA DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (651) 452 -5000 RNK:srn ( ss. WELLS FARGO BANK, NATIONAL ASSOCIATION BY: AND Its Its The foregoing instrument was acknowledged before me this day of , 2012, by and by the and of Wells Fargo Bank, National Association, a national banking association, on its behalf. NOTARY PUBLIC LKVL:Tullamore 1 Addition 25 SRN:r05/11/2012 (U.S. Home Corporation d /b /a Lennar) 164308v01 SRN 05 /10/2012 (reserved for recording information) GRANT OF TEMPORARY EASEMENT FOR PUBLIC SEWER PURPOSES U.S. HOME CORPORATION, a Delaware corporation d/b /a LENNAR, hereinafter referred to as "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a temporary easement for public sewer purposes over, under, across, and through the property described on the attached Exhibit "A" and depicted on the attached description sketch (the "Easement Premises "). TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and expiring when the property subject to this easement is final platted into lots and blocks, together with the right of ingress to and egress from the Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary Easement Premises, 1 LKVL:Tullamore 1 Addition (Temp Sewer Easmt Over Outlot B) subject only to the right of the City to use the same for the purposes herein expressed. It is understood by the Grantor that the City shall not be responsible for any restoration or replacement costs or damages resulting from the construction and maintenance of the Easement Premises. It is further understood that vegetation will be removed and that excavation will occur on the Easement Premises. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of , 2012. 164308v01 SRN 05/10/2012 GRANTOR: U.S. HOME CORPORATION d/b /a LENNAR BY: 2 LKVL.Tullamore 1' Addition (Temp Sewer Easmt Over Outlot B) STATE OF MINNESOTA ) ) ss. COUNTY OF n ) The f regoin g instrument was acknowledged before me this the tion a Delaware corporation d/b /a LENNAR 2012, by Home Corp rp , on i s behalf. CAROLE TOOHEY Notary Public State of Minnesota My Commission Expires January 31 , 201 7 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN 164308v01 SRN:05/ 10/2012 3 NOTARY PUBLIC day of f U.S. LKVL:Tullamore 1 Addition (Temp. Sewer Easmt Over Outlot B) EXHIBIT "A" TO GRANT OF TEMPORARY EASEMENT EASEMENT DESCRIPTION A 50.00 foot wide temporary easement for sewer purposes lying over, under and across Outlot B, TULLAMORE 1 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, the centerline of said easement is described as follows: Commencing at the southwest corner of said Outlot B; thence on an assumed bearing of North 89 degrees 41 minutes 35 seconds East, along the south line of said Outlot B, a distance of 170.00 feet; to the point of beginning of the centerline to be described; thence North 00 degrees 18 minutes 25 seconds West, a distance of 160.78 feet; thence North 01 degrees 08 minutes 15 seconds West, a distance of 345.04 feet; thence North 10 degrees 26 minutes 07 seconds East, a distance of 140.59 feet; thence North 13 degrees 36 minutes 14 seconds East, a distance of 101.27 feet; thence North 02 degrees 15 minutes 13 seconds West, a distance of 97.37 feet; thence North 16 degrees 28 minutes 00 seconds West, a distance of 145.99 feet; thence North 01 degrees 39 minutes 49 seconds West, a distance of 222.20 feet, to the north line of said Outlot B and there terminating. The side lines of said easement shall be prolonged or shortened to terminate on the north and south lines of said Outlot B. Said temporary easement shall expire automatically when Outlot B, Tullamore 1 Addition is final platted into lots and blocks. 164308v01 4 LKVL:Tullamore 1' Addition SRN 05/10/2012 (Temp. Sewer Easmt Over Outlot B) CA 2 ,CD SW CORNER / OF OUTLOT B S LINE OF OUTLOT 8 N89 ° 41'35 "E 170.0 25 25 NLINEOF ct.?11 I OUTLOT B I ev - ' ; ' Al I di i r 92 0 25 STREET 25 /1 1 1 T 1 / l T \J L.) I L. \J 1 lnlr ^ T VV 1 A r \ 100 50 PROPOSED TEMPORARY SEWER EASFMENT A 50.00 foot wide temporary easement for sewer purposes lying over, under and across Outlot 8, TULLAMORE 1ST ADDITION, according to the recorded plot thereof, Dakota County, Minnesota, the centerline of said easement Is described as follows Commencing at the southwest corner of said Outlot B; thence on an assumed bearing of North 89 degrees 41 minutes 35 seconds East, along the south line of said Outlot B, a distance of 170.00 feet; to the point of beginning of the centerline to be described; thence North 00 degrees 18 minutes 25 seconds West, a distance of 160.78 feet; thence North 01 degrees 08 minutes 15 seconds West, a distance of 345.04 feet; thence North 10 degrees 26 minutes 07 seconds East, a distance of 140 59 feet, thence North 13 degrees 36 minutes 14 seconds East, a distance of 101 27 feet; thence North 02 degrees 15 minutes 13 seconds West, a distance of 97.37 feet; thence North 16 degrees 28 minutes 00 seconds West, a distance of 145.99 feet, thence North 01 degrees 39 minutes 49 seconds West. a distance of 222.20 feet, to the north line of said Outlot B and there terminating. THE SIDE LINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE ON THE NORTH AND SOUTH LINES OF SAID OUTLOT 8. Said temporary easement shall expire on (THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF TULLAMORE 1ST ADDITION) * THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE UNRECORDED PLAT OF TULLAMORE 1ST ADDITION * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND WE HEREBY CERTIFY TO LENNAR HOMES THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 15TH DAY OF APRIL, 2012 BY: SIGNED' PIO 0 Scale in Feet DENOTES TEMPORARY SEWER EASEMENT 100 7 NG. PA. Peter J. Hawkinson, Professional Land Surveyor Minnesota License No. 42299 RECEIVED PIZNEERneering CIVIL IH*INEIXS LAND MANNERS LARD SURVEYORS IANDSCAPEARCInR,C15 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 Fax: 681 -9488 www.pioneereng.corn Cad File: 112029 - TEMP SEWER SKETCH Folder #: 7407 Drawn by: NJK APR 202012 Description Skstch for: LENNAR HOMES "II'LE Memorandum To: Mayor and City Council From: Frank Dempsey, AICP Associate Planner Date: May 11, 2012 Subject: Packet Material for the May 21, 2012 City Council Meeting Agenda Item: Tullamore 1st Addition Final Plat and Easement Vacation INTRODUCTION U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the first phase final plat of Tullamore. Tullamore 1st Addition includes 52 single family lots located west of Pilot Knob Road (CSAH 31) and north of 170 Street. The preliminary plat of 148 single family lots was approved by the City Council on June 16, 2006. Due to overall economic conditions in the housing market, the project did not move forward. Subsequently, the City Council has approved extensions to the preliminary plat annually since 2006. The lot, block and street design of the Tullamore 1 Addition final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by the Engineering Department. EXHIBITS A. Location and Zoning Map B. Approved Preliminary Plat C. Final Plat Plans and Area Sketch (3 Pages) D. Final Plat Cover Sheet (2 Pages) E. Sanitary Sewer Plan and Watermain (3 Pages) F. Storm Sewer Plans (2 Pages) G. Grading and Erosion Control Plans (7 Pages) H. Landscape Plan (2 Pages) I. 170 Street Easement Vacation Sketch J. Outlot B Temporary Easement Sketch 1 City of Lakeville Planning Department Yard Front Side Interior Side Corner Rear Buffer (abutting 170 St. Setback 30' 10' 20' 30' 60' PLANNING ANALYSIS Zoning. The zoning of the property is RS -3, Single Family Residential District. Existing Conditions. The Tullamore 1 Addition final plat consists of three metes and bounds described parcels totaling 81 acres. The property is relatively flat and has been used for farming for many years. Lot Area. Single family lots within the RS -3 District are required to provide a minimum lot area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The area of the lots meet the minimum square footage required. Lot Width. The minimum lot width for single - family lots within the RS -3 District is 85 feet for interior lots and 100 feet for corner lots. All Tots meet the minimum lot width requirement. Lot Depth. The minimum lot depth for RS -3 District lots abutting a major collector (170 Street) is 150 feet. All lots meet the minimum lot depth requirement. There are no lots in this final plat that abut Pilot Knob Road (CSAH 31). Setbacks. Setback requirements for single family lots in the RS -3 District are outlined below: The proposed building pads meet the minimum setback requirements for interior, corner and buffer yard lots. Development Density. The Tullamore 1 Addition final plat consists of 52 single family lots on 21.07 acres. This results in a gross density of 2.46 units per acre. The net density, excluding road right -of -way and outlots is 3.07 units per acre. Phasing. The Tullamore 1 Addition is the first phase of the Tullamore preliminary plat. Phasing was not included with the original preliminary plat of Tullamore. Ninety -six (96) single family Tots remain within the approved preliminary plat after this first phase development. Outlots. There are two outlots proposed with the Tullamore 1 Addition final plat. • Outlot A is 8.77 acres in area and will be dedicated to the City for regional storm water management purposes. 2 • Outlot B is 42.87 acres in area and will be retained by the developer for future single family residential lots. Access. Tullamore 1st Addition will have access from 170 Street to the south as well as from 169 Street to the west when the next phase of Jamesdale Estates is constructed. Streets & Right -of -Way. Tullamore 1 Addition will include the construction of Endeavor Street, Enjoy Trail, Enjoy Court and 169 Street with rights -of -way of 60 feet. The pavement widths for all internal streets will be 32 feet from back of curb to back of curb. Pilot Knob Road (CSAH 31) is identified as a high density minor arterial in the City's Transportation Plan. A 200 foot wide right -of -way is required for Pilot Knob Road (CSAH 31). A 100 foot wide 1 /2 right -of -way is shown on the final plat. Because the final plat is adjacent to CSAH 31, the final plat has been forwarded to the Dakota County Plat Commission for their review and comment. A copy of the Plat Commission's letter dated May 10, 2012 is attached to this report. 165 Streetis identified as a minor collector in the City's Transportation Plan. Right -of- way is being dedicated along the north boundary of the plat to accommodate a minimum 66 foot wide road right -of -way and a 36 foot wide street. 165 Street was constructed by DR Horton as part of the Fieldstone Creek development. 170 Street identified as a major collector in the City's Transportation Plan. A 100 foot wide right -of -way is required for 170 Street. A 50 foot wide 1 /2 right -of -way is shown on the preliminary plat. Enfield Way is a local street in the City's Transportation Plan. It will be extended to the north from 170 Street. Enfield Way will be a 32 foot wide street within a 60 foot wide right -of -way with a sidewalk on the outside loop of the street. Driveway access for Lot 8, Block 3 and Lot 21, Block 1 shall be from the front, not side, of the lot away from the 170 Street intersection. Enfield Courtis a local street in the City's Transportation Plan and will be a cul -de -sac extended east from Enfield Way. The street will be 32 feet wide within a 60 foot wide right -of -way and no sidewalks. 169 Streetis identified as a local street in the City's Transportation Plan. 169 Street will be a 32 -foot wide street within a 60 -foot wide right -of -way with a sidewalk on the south side of the street. It will connect to the sidewalk to be constructed on the south side of 169 Street with the next phase of the Jamesdale Estates development to the west. A temporary barricade pronouncing "future street connection" will be installed at 3 the end of 169 Street until it is extended with the next phase of the Jamesdale Estates development. Trails. The Tullamore 1 Additional final plat includes the construction of an eight foot wide pedestrian trail along the north side of the 170 Street from the existing trail adjacent to Jamesdale Estates east to Pilot Knob Road (CSAH 31). A new eight foot wide greenway trail will be constructed by the developer between Lot 1, Block 1 and Lot 1, Block 2 and north to Eventide way in the Fieldstone Creek development. The planned trail construction is consistent with the preliminary plat. The developer will receive credits for the trail construction as outlined in the May 10, 2012 engineering report. Landscape Plan. Tullamore 1 Addition is adjacent to 170 Street, a major collector roadway. The final plat includes the installation of a four foot tall berm with a double row of spruce trees as required by the Zoning Ordinance. The landscape buffer is consistent with the landscape plan approved with the Tullamore preliminary plat. The developer is proposing to install additional landscaping adjacent to the stormwater basin in Outlot A. A $1,000 per lot escrow is required with each building permit for the six lots abutting 170 Street for the installation of sod in the rear yards to the edge of the trail on the north side of 170 Street. Outlot A as shown on the landscape plan (Exhibit H). A $39,500 security is required to guarantee installation of the landscaping. Park Dedication. There is no park area identified for this parcel in the Parks, Trails and Open Space Plan. As such, the developer will pay a cash fee in lieu of land to satisfy the park dedication requirement for the Tullamore 1 Addition plat. The park dedication fee will be in the amount of $246,844 (52 lots x $4,747 per lot). There are credits applied to the trail construction along 170 Street and the trail construction along the greenway as follows: 170 Street trail construction credit : - $6,927.27 Greenway trail construction credit: - $7,620.44 Total Credits: - $14,547.71 Park Dedication Total: $232,296.29 The park dedication fee shall be submitted to the City prior to release of the final plat mylars. Tree Preservation. The Tullamore preliminary plat tree preservation plan identified 262 significant trees within the boundaries of the preliminary plat and what now includes the boundaries of the Tullamore 1 Addition. Eight trees (3 %) are proposed to be saved, all located within Outlot B of the final plat. The remaining 254 trees will be removed. 4 The landscape plan proposes the installation of 51 conifer and deciduous trees within the buffer yard area of the lots along 170 Street. Fifty additional deciduous trees are proposed to be planted adjacent to the stormwater basin within Outlot A. Wetlands. There are no wetlands within the Tullarmore 1 Addition final plat. Overhead Utilities. The developer is required by City Code to bury the overhead electric lines along 170 Street. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Erosion control plans have also been submitted with the final plat. All grading, drainage and erosion control items are to be completed as outlined in the May 10, 2012 engineering report prepared by Mark DuChene, Development /Design Engineer. Easements. The public hearing for the vacation of the roadway, drainage and utility easement along the north side of 170 Street was included as part of the preliminary plat public hearing held by the Planning Commission on June 16, 2006. This vacated easement will be replaced with 50 feet of street right -of -way for 170 Street as indicated on the final plat. The final plat also illustrates the standard perimeter easements for all of the single - family lots as required by Section 10 -4 -4.A of the Subdivision Ordinance. Subdivision Identification Sign. The developer is not proposing the installation of subdivision identification signs within this final plat. RECOMMENDATION The Tullamore 1 Addition final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Planning Department staff recommends approval of the Tullamore 1 Addition final plat and easement vacation subject to the following conditions: 1. The recommendations listed in the May 10, 2012 engineering report. 2. Driveway access for Lot 8, Block 3 and Lot 21, Block 1 shall be from the street fronting the north side of these two lots. 3. Five foot wide concrete sidewalks shall be constructed on the outside loop of Enfield Way. 4. An eight foot wide bituminous trail shall be constructed on the north side of 170 Street from Pilot Knob Road (CSAH 31) within Outlots A and B and connecting to Eventide Way in Fieldstone Creek as shown on the final plat plans. 5 5. The overhead utility lines along the north side of 170 Street shall be placed underground. 6. Landscaping shall be installed consistent with the approved landscape plan. A security in the amount of $39,500 shall be submitted to guarantee installation of the approved landscaping. 7. Outlot A shall be deeded to the City with the Tullamore 1 Addition final plat. 8. A $1,000 per lot escrow is required with each single family home building permit for the six lots abutting 170 Street for sod to the trail. 9. A temporary easement is required for the sanitary sewer line within Outlot B. 10.The vacation of the roadway, drainage and utility easement along 170 Street shall be subject to the recording of the Tullamore 1 Addition final plat. 11.Any signs shall be in compliance with the Zoning Ordinance. cc: Joel Jablonski, U.S Homes Corporation Nick Poalta, Pioneer Engineering Wells Fargo Bank 6 Tullamore 1st Addition 170th Street RS -3 »4t c -1 Farmington Elementary School RS -2 PIGS fl Mir • Pilot Knob Road (CSAH 31) II11 8 A ftIIIIIIt 1 ST-W PUD m D I �z -7\ mion RM -1 IBIT A ttetto mhpli 1 ttte t e j 1f 0 0 A F'ITILLAKORC COVERSEMAINLIMINARY PLAT A M � ROr 7 L O liliri r—^0,-..-.= —ti H uoe F asp anh. E fefa� W ) OOIn Iwo/ �0 ... MI1.1.Y 1f) - M1. -M1. Ilipahne &ffy D. 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T 1 C -) C� N In 1 \I \-/ A 3r\ r\ILJ I•( r` 1/\I( rvvvL, A I r- -\ L _ L_ C') r\ A I < '/ - \T A / \/11 Ifs IT \/ D''4 A 11 [)I /'l tT LJ/ \\J 1 /-\ v\JVt v i 1 1 \\Jr\LJ I \I \7r1 I '7 r\ r7 I 11 / 1 1 1443 A \/ r11 \7r1vv, - \ L) C\ A I AAA I 1 A I D r\ 1v1 r' L_L_n � LJ ^I t/,or - ^ / \/11\Ir r AID 11 IA r1v�\L \,VI SILJVIVIII vlvIVL.: PISNEERengineering CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS (651) 681 -1914 Fax: 681 -9488 www.pioneereng.com 2422 Enterprise Drive Mendota Heights, MN 55120 Cad File: 112029 - VACATION SKETCH Folder #: 7407 Drawn by: NJK Description Sketch for: LENNAR HOMES © 2012 Pioneer Engineering c °CD CD e-t- T I I r1 SW CORNER / / OF OUTLOT B N89 ° 41'35 ° E rTh LINE OF OUTLOT B n \ 2422 Enterprise Drive Mendota Heights, MN 55120 12:1.:2..1 N LINE OF OUTLOT B 1 1 - r 1 ^ -r-D - r - T .: 1 1 \L_L_ 1 L_ LJ 1 PI$NEERengineering CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS (651) 681 -1914 Fax: 681 -9488 www.pioneereng.com 1A1r - ^ V V L_.: 1 A Cad File: 112029 - TEMP SEWER SKETCH Folder #: 7407 Drawn by: NJK 100 50 0 100 Scale in Feet DENOTES TEMPORARY SEWER EASEMENT PROPOSED TEMPORARY SEWER EASEMENT A 50.00 foot wide temporary easement for sewer purposes lying over, under and across Outlot B, TULLAMORE 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, the centerline of said easement is described as follows: Commencing at the southwest corner of said Outlot B; thence on an assumed bearing of North 89 degrees 41 minutes 35 seconds East, along the south line of said Outlot B, a distance of 170.00 feet; to the point of beginning of the centerline to be described; thence North 00 degrees 18 minutes 25 seconds West, a distance of 160.78 feet; thence North 01 degrees 08 minutes 15 seconds West, a distance of 345.04 feet; thence North 10 degrees 26 minutes 07 seconds East, a distance of 140.59 feet; thence North 13 degrees 36 minutes 14 seconds East, a distance of 101.27 feet; thence North 02 degrees 15 minutes 13 seconds West, a distance of 97.37 feet; thence North 16 degrees 28 minutes 00 seconds West, a distance of 145.99 feet; thence North 01 degrees 39 minutes 49 seconds West, a distance of 222.20 feet, to the north line of said Outlot B and there terminating. THE SIDE LINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE ON THE NORTH AND SOUTH LINES OF SAID OUTLOT B. Said temporary easement shall expire on (THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF TULLAMORE 1ST ADDITION) * THE BASE MAP USED FOR THIS SKETCH IS A PORTION OF A COPY OF THE UNRECORDED PLAT OF TULLAMORE 1ST ADDITION * THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO LENNAR HOMES THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 15TH DAY OF APRIL, 2012. SIGNED: PIOi E,gt EIy4GIJVEERING, P.A. BY: Peter J. Hawltinson, Professional Land Surveyor Minnesota License No. 42299 LENNAR HOMES RECEIVED APR 2 02012 Description *AO for: ILLE Memorandum To: Frank Dempsey, Associate Planner From: Mark DuChene, Development Design Engineer /AP McKenzie L. Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Date: May 10, 2012 Subject: Tullamore 1st Addition Final Plat • Final Plat Review • Final Grading Plan Review • Utility Plan Review • Tree Preservation Plan Review • Easement Vacation BACKGROUND City of Lakeville Engineering U.S. Home Corporation, d /b /a Lennar, has submitted a final plat named Tullamore 1st Addition. The parent parcels are metes and bounds parcels zoned for residential use (RS -3). The proposed single family residential development is located west of and adjacent to Pilot Knob Road (CSAH 31); south of and adjacent to 165 Street, north of and adjacent to 170 Street, south and east of the Fieldstone Creek development, and east of the Jamesdale Estates development. The plat consists of fifty -two single family lots within four blocks and two outlots on 81.03 acres. The outlots will have the following uses: Outlot A: Regional Stormwater Basin NC -17 -1 (8.78 acres) (To Be Deeded to the City) Outlot B: Future Residential Development (42.87 acres) (To be Retained by the Developer) Development of the site includes the construction of public roadways, sidewalks, trails, sanitary sewer, watermain, storm sewer, stormwater treatment basins, and associated grading. The proposed development will be completed by: Developer: U.S. Home Corporation, d /b /a Lennar Engineer and Surveyor: Pioneer Engineering TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 2 OF 12 EASEMENT VACATION The Tullamore 1 Addition final plat includes the vacation of a public roadway, drainage and utility easement established per document no. 1359872. The easement vacation public hearing was held in conjunction with the preliminary plat public hearing by the Planning Commission on June 16, 2006. The current right -of -way for the northern half of 170 Street is a 50 foot easement. This easement will be vacated and be replaced with 50 feet of dedicated right -of -way as shown on the final plat. SITE CONDITIONS Tullamore 1st Addition is located on relatively flat land that slopes from the northwest to the southeast. There are no wetlands on the site. There is minimal tree coverage with the largest concentration of significant trees around the old farmstead site within the proposed Outlot B. The existing buildings for the old homestead within Outlot B have been removed. The remaining concrete slab foundations from the outbuildings, field approach and culvert must be removed at the time Outlot B develops. STREET AND SUBDIVISION LAYOUT Pilot Knob Road (CSAH 31) Tullamore 1st Addition is located west of and immediately adjacent to Pilot Knob Road. Pilot Knob Road is under the jurisdiction of Dakota County and is identified in the City of Lakeville Comprehensive Transportation Plan as an A -Minor Arterial. Pilot Knob Road adjacent to the site is a four -lane divided urban roadway. The Dakota County Plat Review Needs Map indicates a half right -of -way requirement of 100 feet. The Developer is dedicating 100 feet of right -of -way as shown on the final plat. The final plat has been approved by the Dakota County Plat Commission. Dakota County limits the access to this section of Pilot Knob Road to 1 /2 mile full access and 1 /4 mile restricted access. There is no access to Pilot Knob Road proposed with this plat. The final plat indicates restricted access along all of Pilot Knob Road, except at the existing apron location aligning with 167 Street on the east side of Pilot Knob Road. 170 Street 170 Street is identified in the City of Lakeville's Comprehensive Transportation Plan as a Major Collector. 170 Street is currently constructed as a two lane urban roadway with left and right turn lanes at Pilot Knob Road. The half right -of -way required for a Major Collector is 50 feet. The current right -of -way (in the form of an easement) is 50 feet. This easement will be vacated and be replaced with 50 feet of dedicated right -of -way as shown on the final plat. The developer must construct an 8 foot wide trail along the north side of 170 Street for the length of the proposed plat. TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 3 OF 12 165 Street: 165 Street is identified in the City of Lakeville's Comprehensive Transportation Plan as a Minor Collector. The minimum right -of -way is 66 feet. The existing roadway width is 36 feet which widens for turn lanes at the intersection with Pilot Knob Road. The Developer is dedicating the southern half right -of -way for 165 Street with the final plat. The half right -of -way is 33 feet at the west end of the plat and transitions to 40 feet at the east end for the turn lanes. The proposed right -of -way dedication satisfies the right -of -way requirements for 165 Street. Enfield Way Development of Tullamore 1 Addition includes the construction of Enfield Way which is a looped local street. Enfield Way is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along the outside of the loop road. The Developer is dedicating 60 feet of right -of -way. No driveway access will be allowed onto Enfield Way between its intersection with 170 Street and Enfield Court, the southern most local road. This section of Enfield Way shall be constructed with b618 curb and gutter. 169 Street Development of Tullamore 1 Addition includes the construction of 169 Street, a local street that connects to the Jamesdale Estates development. 169 Street is designed as a 32 -foot wide, two -lane urban street with a 5 -foot concrete sidewalk along the south side to match the sidewalk layout in Jamesdale Estates. The Developer is dedicating 60 feet of right -of -way. 169 Street will be constructed from the intersection of Enfield Trail to the west 180 -ft to the plat boundary. A "Future Street Extension" and sign and barricades must be placed at the west end of 169 Street until the street is extended and connects to the Jamesdale Estates development in the future. Enfield Court Development of Tullamore 1st Addition includes the construction of Enfield Court, a local cul -de -sac street. Enfield Court is designed as a 32 -foot wide, two -lane urban cul -de -sac street. The Developer is dedicating 60 feet of right -of -way. There is an existing temporary turnaround within Outlot B at the extension of Eventide Way from the Fieldstone Creek development. The temporary turnaround must be removed at the time Outlot B is developed and Eventide Way is extended. The City reserves the right to increase the street sections at the time of construction based upon site conditions. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility, and street construction is restricted to Enfield Way at 170 Street from Pilot Knob Road. TULLAMORE 1ST ADDITION FINAL PLAT MAY 2,2012 PAGE 4 OF 12 PARKS AND TRAILS Five -foot concrete sidewalks will be constructed at the developer's expense on one side of all local streets, except for Enfield Court, the short cul -de -sac. A ten -foot wide bituminous trail was constructed along Pilot Knob Road adjacent to the plat at the time Pilot Knob Road was upgraded to a four lane divided urban roadway. The developer must construct an eight foot wide trail along the northern right -of -way of 170 Street extended from the trail along the west side of Pilot Knob Road to Eventide Way in the Jamesdale Estates development. The developer will be responsible for 5 /8ths the estimated trail construction costs and will be 100% responsible for rough grading and restoration of the trail area along the Tullamore 1 Addition plat. The City will credit the Developer's cash fees for the City's 3 /8ths portion of the trail construction along 170 Street and 100% of the trail portion adjacent to the Jamesdale Estates development. The 170 Street Trail Construction Credit is calculated as follows: $13,068.89 Total Estimated Cost for Trail Construction Along 170 Street Adjacent to Tullamore 1s Addition The Greenway Trail Construction Credit is calculated as follows: $5,236.22 Total Estimated Cost for Greenway Trail Construction in Tullamore 1s Addition x 3/8 City's Trail Cost Portion +$2,026.44 = $6,927.27 Total Estimated Cost for Trail Construction Adjacent Jamesdale Estates +$2,38422 = $7,620.44 Total Estimated Cost Total for Greenway Trail Construction in Fieldstone Creek Development 52 units x $4,747.00 /dwelling unit = $246,844.00 Single - Family Dwelling Units Park Dedication Fee Rate Total Total In addition, an eight foot wide bituminous trail must be constructed from Enfield Trail to the future greenway corridor trail to be constructed along the north side of the regional stormwater basin and connected to Eventide Way through the Fieldstone Creek Development. The developer will be responsible for 100% of the rough grading and restoration of the trail area within their plat. The City will credit the Developer's cash fees 100% of the cost for the bituminous and aggregate base associated with the trail construction. The Park Dedication Fee has not been collected on the parent parcel and shall be paid in cash at the time of final plat approval. The Park Dedication Fee is based on the rate in effect at the time of final plat approval and is calculated as follows: TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 5 OF 12 The balance due the City for park dedication is calculated as follows: • Park Dedication Fee $246,844.00 • Less Credit for 170th Street Trail Construction - 6,927.27 • Less Credit for Greenway Trail Construction - 7,620.44 • Park Dedication Balance $232,296.29 SANITARY SEWER Tullamore 1st Addition is located within subdistrict NC -20040 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Apple Valley Central Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream facilities have sufficient capacity to serve the proposed residential subdivision. Development of Tullamore 1st Addition includes the extension of public sanitary sewer. 8 -inch sanitary sewer will be extended within the subdivision from an existing 10 -inch sanitary sewer stub located at the future street connection at 165 Street as necessary to serve the proposed lots. The Developer has submitted a temporary 50 foot -wide easement within Outlot B centered over the proposed sanitary sewer. The easement will automatically vacate when Outlot B is final platted into lots and blocks. The proposed sanitary sewer layout is in accordance with the City's Comprehensive Sanitary Sewer Plan. Final locations and sizes of all sanitary sewer will be reviewed by City Staff with the final construction plans. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid in cash at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as follows: WATERMAIN 52 units x $307.00 /dwelling unit = $15,964.00 Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total The Comprehensive Water Plan does not identify any additional trunk watermain at the plat location. Existing 12" watermain is located on the western side of Pilot Knob Road, and the southern side of 170 Street. Development of Tullamore 1 Addition includes the extension of public watermain. 8 -inch watermain will be extended within the subdivision and will be stubbed at 169 Street to connect to the Jamesdale Estates development. To complete a looped system, the watermain will connect to the trunk watermain located on the south side of 170 Street. The developer must schedule the connection and TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 6 OF 12 associated street repair for a non - student contact day with the Farmington school district. The connection and street repair must occur with the street open to traffic and be fully repaired within a 48 hour period. The Lateral Watermain Access Charge has not been paid for the 12 inch watermain along 170 Street and must be paid in cash with the final plat. The Lateral Watermain Access Charge will be based on the section of final plat that is adjacent to 170 Street, and is calculated as follows: 1,338.16 f.f. - 100.00 f.f. x $38.40/f.f. = $47,545.34 Front Footage along Front Footage along Lateral Watermain Total 170 Street Pilot Knob Road Access Charge The lateral watermain access charge of $47,545.34 must be paid in cash with the final plat. The Developer is responsible for abandoning any onsite wells or septic systems associated with the old homestead. Abandonment must be completed at the time Outlot B develops. The watermain and sanitary sewer system will be fully reviewed in detail with the final plat and construction plan review. OVERHEAD LINES Consistent with the City's Right -of -Way Management Ordinance, existing overhead utilities adjacent to the plat must be buried. The developer will be responsible for all costs associated with burial of the overhead utilities along 170 Street adjacent to the plat. A $56,910.37 security is required to ensure the overhead electric lines are relocated and maintained underground with this final plat. The developer must contact the facility owner, Dakota Electric Association, to schedule the work to coincide with the proposed plat. The developer is strongly encouraged to bury the existing overhead electric lines prior to construction of the 8 foot bituminous trail along 170 Street to ensure the trail is not damaged by future overhead -to- underground conversion work. DRAINAGE AND GRADING Tullamore 1st Addition is in Subdistrict NC — 17 of the North Creek drainage district of the City. The site flows southeasterly towards the intersection of 170 Street and Pilot Knob Road. The emergency overflow for the proposed plat is southerly across 170 Street near North Trail Elementary School. Pilot Knob Road is at a higher elevation in this area than the low point of 170 Street. TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 7 OF 12 The site is tributary to regional basin NC -17 -1. The developer must construct the remaining section of NC -17 -1. The entire regional basin, which encompasses other developments, must have a total minimum of 37 acre feet of live storage for the 100 year event and limit the 100 year discharge rate to 81 cfs. The development of Tullamore 1 Addition completes the live storage and discharge requirements for NC -17 -1. The material resulting from the excavation of the stormwater basin will be used to balance the site and allow the developer to construct additional lookout and walk out homes. The developer is eligible for a credit for the excavation of the regional stormwater basin at a rate of $0.50 /cubic yard for the live storage volume. The volume of the live storage provided on this site as submitted by the developer is 25,778 cubic yards of live storage (15.98 acre feet) for a credit of $12,889.00. Outlot A, which contains regional basin NC -17 -1 will be conveyed to the City by deed with the Tullamore 1 Addition plat and acquired at a rate of $5,500 per acre, consistent with City policy. The credit will be applied to the Developer's storm sewer area charge and is calculated as follows: 8.78 acres x $5,500.00 /acre = $48,290.00 Area of Outlot A, Total Tullamore 1s Addition The bottom of regional stormwater basin NC -17 -1 will be constructed below the ground water elevation. The runoff must be fully pretreated prior to release to the basin. The pretreatment basins must be lined to protect the ground water. The pretreatment basins have been designed to the requirements of the NPDES Phase II permit requirements. In accordance with the City of Lakeville's Water Resources Management Plan the site must infiltrate 0.5" of runoff from all impervious areas within 48 hours. The City of Lakeville has received an e-mail from the MPCA that states that the runoff can be infiltrated at less than three feet above groundwater if the runoff is fully treated. As the runoff will be fully treated prior to the release of the runoff into the regional basin, the bench of the regional basin is proposed to be used as the infiltration area. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must also indicate that all embankments meet FHA /HUD 79G specifications. The developer must certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits for Tullamore 1st Addition will not be issued until a certified grading plan has been submitted and approved. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 8 OF 12 STORM SEWER Tullamore 1st Addition includes the construction of a public storm sewer system. The storm sewer will collect and convey runoff generated from the development to the stormwater treatment basins. Final storm sewer locations and sizes will be reviewed by City Staff with the final construction plans. Draintile construction is required in areas of non - granular soils within Tullamore 1 Addition for the street sub -cut and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction, shall be the Developer's responsibility to install and finance. Trunk Storm Sewer Area Charge has not been collected on the parent parcels and shall be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: 3,529,774 s.f. - 1,867,424 s.f. Gross Area of Area of Outlot B (Future Tullamore 1s` Addition Development) WETLANDS - 382,293 s.f. Area of Outlot A (Deeded to the City) - 325,309 s.f. x $0.167/s.f. = $159,442.92 Area of 170 Street Area Charge Total & Pilot Knob R/W Dedication The balance due the City for trunk storm sewer is calculated as follows: • Trunk Storm Sewer Area Charge • Less Credit for Regional Stormwater Basin Excavation • Less Credit for Deeding Outlot A to City of Lakeville • Balance There are no wetlands on the site. TREE PRESERVATION $159,442.92 12,889.00 48,290.00 $98,263.92 The preliminary plat Tree Preservation Plan identified 262 significant trees within Tullamore 1 Addition. The plan proposed to "save" 8 (3 %) significant trees all located within Outlot B of the final plat. Tree fencing must be installed outside the dripline of all "save" trees. No tree removal shall take place until all tree protection fencing is installed and inspected by City staff. The landscape plan shows the Developer planting 51 nursery grown evergreen and over -story trees on the site for screening along 170 Street and 50 over -story trees along the regional basin to provide shade and reduce thermal impacts to the Vermillion River. The Tree Preservation Plan satisfies City requirements. All "save" trees that are damaged or removed during construction will require replacement at a ratio of 2:1, consistent with the City's Subdivision Ordinance. TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 9 OF 12 The Developer is required to post a security for tree preservation at the time of final plat approval on an individual lot basis for each lot containing a `save" significant tree. The security is $1,000.00 for Outlot B which contains the "save" significant trees. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single gravel construction entrance is indicated on the erosion control notes. • A seed /mulch specification that meets City requirements. Erosion control blanket on all basin slopes. • Pond Maintenance: A maintenance schedule for the first 2 years is included in the plans. This must include mowing 2 to 3 times, 30 days apart during the first year with the mower deck about 6 -8" off the ground. The second year the pond areas must be mowed once before weeds set their seeds. This will reduce weed establishment and help stimulate the desirable vegetation. This will cut down on maintenance in the long -term. • All 3:1 slopes seeded and stabilized with fiber blanket. • The site will be re- vegetated within 48 hours of rough and final grade. • Phased construction to minimize soil Toss. • Ditch checks are shown in all swales. • Inlet protection is included in the plans. Wimco Road Drain or equivalent will be used on all street catch basins and Royal Infra -safe or equivalent will be used for all rear lot catch basins. • The NPDES requirements are included in the plan set. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. Additional measures shall be installed and maintained by the developer. The streets must be cleared of debris at the end of each day. Street sweeping must be done weekly or more often as needed. All streets must be maintained to provide safe driving conditions. REQUIRED BERMING 170 Street is a Major Collector and must include a four foot tall berm and six foot tall planting materials. The berm must be constructed outside of the required sight triangle of the road intersections. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 10 OF 12 buffer yard plantings. A buffer yard berm is not required along Pilot Knob Road with this development phase. SECURITIES The developer shall provide a cash escrow or Letter of Credit as security for the developer - installed improvements relating to Tullamore 1 Addition. The construction costs are based upon estimates submitted by the Developer's Engineer on March 26, 2012. CONSTRUCTION COSTS Sanitary Sewer $ 218,158.50 Watermain 179,529.00 Storm Sewer 181,988.50 Street Construction 317,484.00 Erosion Control, Restoration and Grading 331,290.15 Certification SUBTOTAL - CONSTRUCTION COSTS $ 1,228,450.15 OTHER COSTS Developer's Design (6.0 %) $ 73,707.01 Developer's Construction Survey (2.5 %) 30,711.25 City's Legal Expense (0.5 %) 6,142.25 City Construction Observation (7.0 %) 85,991.51 Developer's Record Drawing (0.5 %) 6,142.25 Burial of Overhead Lines 56,910.37 Tree Preservation Security 1,000.00 Landscaping 39,500.00 Lot Corners 5,400.00 Streetlights 11,100.00 SUBTOTAL - OTHER COSTS $ 316,604.64 TOTAL PROJECT SECURITIES $ 1,545,054.79 The Developer shall post a security to insure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $5,400.00. The City shall hold this security until the Developer's Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. The streetlight security totals $11,100.00, which consists of one mast -arm streetlight at $1,200.00 each and eleven decorative streetlights at $900.00 each. TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 110F 12 CASH FEES The Park Dedication Fee for Tullamore 1 Addition is $246,844.00. A cash fee for traffic control signs is due with this addition. Street signing consists of four stop /street signs at $515.20 each, four advance curve warning and speed advisory signs at $227.50 each for the curve sign and $175.00 for the advisory speed placard, four end -of -road object marker signs and one future street connection sign at $440.20, one stop ahead warning sign at $227.50 and $175.00 for the "Stop Ahead" placard, three regulatory signs, including a winter no parking sign, a speed limit sign, and a watering restrictions sign at $201.25 each, for a total of $5,117.25. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. A cash fee for one -year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 52 units x $7.65 /unit /qtr. x 4 qtrs. = $1,591.20 Dwelling Units Streetlight Operating Fee Total A cash fee for one -year of surface water management expenses shall be paid at the time of final plat approval and is calculated as follows: 52 units x $7.00/unit/qtr. x 4 qtrs. = $1,456.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 54 units x $75.00 /unit = $4,050.00 Lots /Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The Developer has elected to provide a Letter of Credit as security for the Developer - installed improvements. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $36,85150. TULLAMORE 1ST ADDITION FINAL PLAT MAY 2, 2012 PAGE 12 OF 12 TOTAL CASH REQUIREMENT RECOMMENDATION CASH REQUIREMENTS Park Dedication Fee Sanitary Sewer Availability Charge Lateral Watermain Access Charge Trunk Storm Sewer Area Charge Street Signs Streetlight Operating Fee Surface Water Management Fee City Base Map Updating Fee City Engineering Administration (3.00 %) SUBTOTAL — CASH REQUIREMENTS CREDITS TO THE CASH REQUIREMENTS 170 Street Trail Construction Greenway Trail Construction Regional Stormwater Basin Excavation (Live Storage Volume) Deeding Outlot A To City SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $246,844.00 15,964.00 47,545.34 159,442.92 5,117.25 1,591.20 1,456.00 4,050.00 36,853.50 $ 518,864.21 $6,927.27 7,620.44 12,889.00 48,290.00 $ 75,726.71 $ 443,137.50 Engineering recommends approval of the easement vacation, final plat, tree preservation plan, final grading plan, and utility plan for Tullamore 1st Addition, subject to the comments within this report and the following stipulation: • The Developer must provide a temporary easement for the sanitary sewer within Outlot B. May 10, 2012 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: TULLAMORE 1 ADDITION Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us The Dakota County Plat Commission met on May 7, 2012, to consider the final plan of the above referenced plat. The plat is adjacent to CSAH 31, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The new plat is similar to the prior submittal in 2007. The Right of Way Guidelines are 100 feet of half right -of -way from centerline, which appears to be shown on the proposed plat. The plat includes one access to CSAH 31 at 167 Street. This access, which is located along Outlot B, will be a %- access according to the 2007 CSAH 31 (Pilot Knob Road) Corridor Transportation Study; however, it will not be constructed with this proposed plat. Restricted access to CSAH 31 should only be shown along Outlot A at this time. Restricted access on the remaining property (Outlot B) should be shown with a future replat and 3/4-access design of the 167 intersection. A quit claim deed to Dakota County for restricted access is required and should accompany the plat mylars at the time of recording. According to the Study, the access at 165 Street and CSAH 31 could be a full access, or 3/4- access, depending on how pedestrian and regional park access issues are addressed. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CSAH 31 are 16,500 and are anticipated to be 36,900 ADT by the year 2025. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, it4 X 4 71:2 Todd B. Tollefson Secretary, Plat Commission