HomeMy WebLinkAboutItem 06.jPrimary Issue to Consider
• None.
Ilyn uennen, AICP, Associate Planner
June 22, 2012 Item No.
July 2, 2012 CITY COUNCIL MEETING
CHADWICK FARM 6TH ADDITION FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution
approving the final plat of Chadwick Farm 6 Addition.
Adoption of this motion will allow the development of 18 single family lots within the final
phase of the Chadwick Farm development.
Overview
D.R. Horton has submitted a final plat for the sixth addition of the Chadwick Farm
development. The Chadwick Farm 6 Addition includes 18 single family lots located east
of Italy Avenue, south of 210 and north of CR -70. The preliminary plat of the Chadwick
Farm development was approved by the City Council on May 24, 2004 and included 216
single - family lots. The Chadwick Farm 6 Addition final plat is consistent with the
approved preliminary plat. This is the final phase within the Chadwick Farm
Development. Staff recommends approval of the Chadwick Farm 6 Addition final plat as
outlined in the attached Planning and Engineering Reports.
Supporting Information
• Resolution approving the Chadwick Farm 6 Addition final plat
• Signed development contract and easement agreement
• June 15, 2012 Planning Report
• June 15, 2012 Engineering Report
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision ordinances
Notes:
OW
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF
CHADWICK FARM 6 ADDITION
WHEREAS, the owner of the plat described as Chadwick Farm 6 Addition has
requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the
Parks, Recreation and Natural Resources Committee; and
City.
WHEREAS, the final plat is consistent with the preliminary plat and is acceptable to the
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Chadwick Farm 6 Addition is hereby approved subject to the
developer's execution of the development contract and security requirements.
2. The Mayor and City Clerk are hereby directed to sign the development contract and
final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
APPROVED AND ADOPTED this 2nd day of July 2012.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
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 2nd day of July, 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)
CHADWICK FARM SIXTH ADDITION
CONTRACT dated , 2012, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation ( "City"), and D.R. HORTON, INC.- MINNESOTA, a Delaware
corporation (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Chadwick Farm Sixth 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:
Outlot A, CHADWICK FARM FIFTH ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that"
the Developer enter into this Contract, fumish 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
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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-
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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 - Tree Preservation /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 conceming 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
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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 concemed, 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
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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
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
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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 and Planning Director), 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 comer 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
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determined by the City Engineer. The Developer certifies to the City that all Tots with house footings placed
on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications.
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
contra(, 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.
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. STORM SEWER. Storm water runoff from the public right -of -way and lots constructed
with the Chadwick Farm Sixth Addition final plat will be conveyed via extension of the existing storm
sewer and directed to storm sewer treatment facilities previously designed and constructed to
accommodate the runoff in conjunction with the Chadwick Farm subdivisions. Final storm sewer
locations and sizes must be reviewed and approved by City staff with the final construction plans.
Draintile construction is required in areas of non - granular soils within Chadwick Farm Sixth Addition for
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the street sub -cuts and lots. Draintile service connections are required on all lots of the Chadwick Farm
Sixth Addition plat as shown on the plans. 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 been satisfied on the parent parcel of Chadwick Farm
Sixth Addition.
20. SANITARY SEWER. Development of Chadwick Farm Sixth Addition includes the
extension of public sanitary sewer. Eight inch sanitary sewer will be extended within the subdivision from
an existing 8 -inch sanitary sewer stub located in 211 Street as necessary to serve the proposed Tots
within Chadwick Farm Sixth Addition. 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 and approved by City staff with the final construction plans.
The sanitary sewer availability charge has not been collected on the parent parcel of Chadwick"
Farm Sixth Addition and must be paid in cash at the time of final plat approval. The sanitary sewer
availability charge is calculated as follows:
18 single - family dwelling units x $307.00 /dwelling unit = $5,526.00
21. WATERMAIN. Development of Chadwick Farm Sixth Addition includes the extension of-
public watermain. Watermain will be extended within the subdivision from an existing watermain stub
located in 211 Street as necessary to serve the proposed lots. The proposed watermain layout is in
accordance with the City's Comprehensive Water Plan. Final locations and sizes of all sanitary sewer and
watermain facilities must be reviewed and approved by City staff with the final construction plans. In
association with MnOPS requirements, utility hook -ups for buildings within Chadwick Farm Sixth Addition
will not be permitted until the as -built electronic files have been submitted and approved by City staff.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction shall be from Italy Avenue via 210 Street. No
construction traffic shall access Chadwick Farm Sixth Addition from any other location.
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23. PARK DEDICATION AND SIDEWALKS. Development of Chadwick Farm Sixth Addition
includes the construction of public sidewalks. The Developer must construct a 5 -foot wide concrete_
sidewalk and pedestrian curb ramps along the south side of 211 Street, which is consistent with the
previous Chadwick Farm development phases.
The Developer previously dedicated land for a neighborhood park to satisfy the majority of the
park dedication requirement for the Chadwick Farm subdivision with the remainder of the park dedication
fee to be paid in cash at the time of final plat. A park dedication fee of $63,576.00 (18 lots x 3,532 per
lot) must be submitted to the City prior to release of the final plat.
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The traffic
control signs which consist of four end -of -road object marker signs and one future street connection sign,
one stop sign, and one street/stop sign may be relocated from Chadwick Farm Fifth Addition. If the
street posts are installed in frost conditions, the Developer shall pay an addition $150.00 at each street
post location.
A cash fee for one -year of streetlight operating expenses must be paid at the time of final plat
approval calculated as follows:
18 dwelling units x $7.65 /unit/qtr. x 4 qtrs. = $550.80
25. 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:
18 dwelling units x $7.00/unit/qtr. x 4 qtrs. = $504.00
26. 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'A) 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
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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, less any draw made by the City, shall be retumed
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.
27. TREE PRESERVATION. The Developer must post security for tree preservation on an
individual lot basis for each lot containing a "save" significant tree. The security is $1,500 for each lot
with a "save" significant tree and $1,000 for each outlot with a "save" significant tree and is calculated as
follows:
Lots 6, 7, 8 & 9, Block 1
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4 Lots @ $1,500 = $6,000.00
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.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: -
Yard
Front
Side Interior
Side Corner
Rear
Setback
30'
10'
20'
30'
A. implementation of the recommendations listed in the June 13, 2012, engineering report.
B. All single - family homes must comply with the following RS -3, Single Family Residential.
district setbacks:
C. The Developer shall install a temporary tumaround within a temporary easement at the east end of
211"' Street until the street is extended in the future. The temporary tumaround must be paved. The
Developer shall provide a $6,750.00 cash escrow with the final plat to ensure the future removal of the
temporary cul-de -sac and associated right -of -way and driveway restorations is completed including
construction of the sidewalk. Barricades and a sign that reads "Future Street Extension" must be
installed at the terminus.
D. 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 $1,800.00 security for the final placement of interior subdivision iron monuments
at property corners. The security was calculated as follows: 18 lots at $100.00 per lot. 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.
E. 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 lot/outlot for a total charge of $1,350.00.
F. 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
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street light installation consistent with the approved plan. The estimated amount of this security is
$3,600.00, which consists of three (3) post top streetlights on 211 Street at $1,200.00 each.
G. 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.
29. 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
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall fumish the City with a cash escrow, letter of credit or altemate security,
in the form attached hereto, from a bank ( "security") for $278,990.66, plus a cash fee of $6,890.75 for City
engineering administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $ 34,281.85
B. Watermain 45,970.00
C. Storm Sewer 30,253.50
D. Street Construction 109,124.95
E. Erosion Control and Grading Certification 10,061.25
CONSTRUCTION SUB TOTAL $ 229,691.55
OTHER COSTS:
A. Developer's Design (6.0 %) $ 13,781.49
B. Developer's Construction Survey (2.5 %) 5,742.29
C. City Legal Expenses (Est. 0.5 %) 1,148.46
D. City Construction Observation (Est. 7.0 %) 16,078.41
E. Developer's Record Drawings (0.5 %) 1,148.46
F. Tree Preservation 6,000.00
G. Street Lights 3,600.00
H. Lot Comers /Iron Monuments 1,800.00
OTHER COSTS SUB -TOTAL $ 49,299.11
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TOTAL SECURITIES: $ 278,990.66
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.
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.
30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be fumished to the City prior to the City Council signing the
final plat:
A. Park Dedication $ 63,576.00
B. Future Temporary Cul-de-sac Removal 6,750.00
C. Sanitary Sewer Availability Charge 5,526.00
D. Street Light Operating Fee 550.80
E. Surface Water Management Fee 504.00
F. City Base Map Updating 1,350.00
G. City Engineering Administration 6,890.75
(3% for letters of credit or 3.25% for altemate disbursement)
TOTAL CASH REQUIREMENTS $ 85,147.55
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31. 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 fumished 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.
32. 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 attomeys' fees.
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
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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.
33. 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.
34. 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.
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.
164967v1 15
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
and Planning Director. 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 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
164967v1 16
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 less than $500,000 for one person and
$1,000,000 for each occurrence; limits for property damage shall be not less 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 Tots, 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 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.
35. 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.
164967v1 17
following address: 20860 Kenbridge Court, Lakeville, Minnesota 55044. 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.
(The remainder of this page has been intentionally left blank.
Signature pages follow.]
164967v1 18
(SEAL)
STATE OF MINNESOTA
COUNTY OF DAKOTA
164967v1 19
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
AND
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
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
DEVELOPER:
D.R. HORTON, INC.- MINNESOTA
BY:
Its V1ce P reiert
The foregoing instrumewas acknowledged before me this /'' day of
2012, by v / a2w.es '�J. /4; the 11 ; . -�t /--Dr e_s ,' ' E pi /---
D.R. Horton, Inc.- Minnesota, a Delaware corpo ation, on its behalf.
CAROLYN S. YOUNG
c ® NOTARY PUBLIC - MINNESOTA S
My Commission Expires Jan. 31, 2015 ( �l
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:cjh
164967v1 20
ARY PUB
165045v1 1
(reserved for recording information)
GRANT OF TEMPORARY
TURNAROUND EASEMENTS
D.R. HORTON, INC.-MINNESOTA, a Delaware corporation, referred to herein 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 and existing under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns,
temporary easements for public roadway, drainage and utility purposes over, across, on, under, and
through land situated within the County of Dakota, State of Minnesota, legally described and
depicted on the attached Exhibits "A" and `B ".
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and expiring when 211 Street is extended to the east
through the cul-de -sac, together with the right of ingress to and egress from the property, 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 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, 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 may 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 easements 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 a "C
day of , 2012.
165045v1 2
GRANTOR:
D.R. HORTON, INC.-MINNESOTA
B -r
Its: Vice Pms,cltoell"
STATE OF MINNESOTA
COUNTY OF I---1
)ss.
The foregoing instrument
ieIA , 2012,
corporation, on behalf of the corporation.
CAROLYN S. YOUNG
NOTARY PUBLIC . MINNESOTA
My Commission Expires Jan. 31, 2015
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651 -452 -5000
RNK/cjh
as
165045v1 3
w acknowledged befo el e this if day of
by — J c_ rye 5 11 rc the
of D.R. HORTON, INC.- MINNESOTA, a Delaware
EXHIBIT "A"
TO
GRANT OF TEMPORARY TURNAROUND EASEMENT
TURNAROUND EASEMENT DESCRIPTIONS:
A temporary easement for public roadway, drainage and utility purposes over, under and across
that part of Lot 9, Block 1, CHADWICK FARM SIXTH ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota, described as follows:
Commencing at the southeast corner of said Lot 9; thence North 89 degrees 34 minutes
25 seconds West, assumed bearing along the south line of said Lot 9, a distance of 17.19
feet to the point of beginning of the easement to be described; thence continuing North 89
degrees 34 minutes 25 seconds West, along said south line, a distance of 10.81 feet;
thence westerly 54.59 feet, along said south line, being a tangential curve, concave to the
north, having a central angle of 09 degrees 46 minutes 25 seconds and a radius of 320.00
feet; thence easterly 72.60 feet, along a non - tangential curve, concave to the south,
having a central angle of 90 degrees 25 minutes 53 seconds, a radius of 46.00 feet and a
chord bearing of South 85 degrees 29 minutes 41 seconds East to the point of beginning.
Said temporary easement shall expire when 211 Street is extended to the east through the cul -de-
sac.
AND
A temporary easement for public roadway, drainage and utility purposes over, under and across
that part of Lot 9, Block 2, CHADWICK FARM SIXTH ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota, described as follows:
Commencing at the northeast corner of said Lot 9; thence North 89 degrees 34 minutes
25 seconds West, assumed bearing along the north line of said Lot 9 a distance of 17.19
feet to the point of beginning of the easement to be described; thence continuing North 89
degrees 34 minutes 25 seconds West, along said north line, a distance of 10.81 feet;
thence westerly 63.11 feet, along said north line, being a tangential curve, concave to the
north, having a central angle of 09 degrees 30 minutes 57 seconds and a radius of 380.00
feet to the northwest corner of said Lot 9; thence southeasterly 85.67 feet, along a non-
tangential curve, concave to the north, having a central angle of 106 degrees 42 minutes
44 seconds, a radius of 46.00 feet and a chord bearing of South 85 degrees 30 minutes 42
seconds East to the point of beginning.
Said temporary easement shall expire when 211 Street is extended to the east through the cul -de-
sac.
165045v1 4
EXHIBIT "B"
211TH STREET
SKETCH AND DESCRIPTION
For: D. R. Horton. Inc. -Minnesota
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EXHIBIT "B"
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211TH STREET
SKETCH AND DESCRIPTION
For: D.R Horton. Inc. - Minnesota
erftEET c=r\\
.--NORTH UNE OF LOT 9, BLOCK 2 -.
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NORTHEAST CORNER
OF LOT 9, BLOCK 2.
Scale: 1" =30' Page 2 of 2 James R Hill, Inc.
Memorandum
To: Daryl Morey, Planning Director
From: Allyn Kuennen, AICP
Associate Planner
Date: June 15, 2012
Subject: Packet Material for the July 2, 2012 City Council Meeting.
Agenda Item: Chadwick Farm Sixth Addition Final Plat.
BACKGROUND INFORMATION:
The following exhibits are attached for your review:
A. Location and Zoning Map
B. Approved Preliminary Plat
C. Final Plat
D. Erosion Control and Grading Plans
E. Utility Plans
F. Tree Preservation /Landscape Plan
G. Temporary Cul -de -sac Easements
1
City of Lakeville
Planning Department
D.R. Horton has submitted a final plat for the sixth addition of the Chadwick Farm
development. Chadwick Farm Sixth Addition includes 18 single family lots located east
of Italy Avenue, south of 210 and north of CR -70. The preliminary plat of 216 single -
family lots was approved by the City Council on May 24, 2004. This is the final phase of
the Chadwick Farm Development. The lot, block and street design of Chadwick Farm
Sixth Addition is consistent with the approved preliminary plat. The final plat plans have
been distributed to the Engineering Department for their review.
Yard
Front
Side Interior
Side Corner
Rear
Setback
30'
10'
20'
30'
PROJECT ANALYSIS
Zoning. The zoning of the property is RS -3, Single Family Residential District.
Existing Conditions. The entire site was previously graded and prepared for
development with the construction of Chadwick Farm First Addition. Chadwick Farm
Sixth Addition is located east of Italy Avenue and south of 210 Street.
Lot Area. Single family lots within the RS -3 District are required to provide a minimum
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 lots meet the minimum lot width
requirement.
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 and
corner lots.
Phasing. This is the final phase of the Chadwick Farm Development.
Access. Chadwick Farm Sixth Addition will have access from Italy Avenue which was
constructed in a previous phase and will include the extension of 211 Street to the east
plat boundary line.
Streets & Right -of -Way. Chadwick Farm Sixth Addition will include the construction of
211 Street to the east plat boundary line. The pavement width for 211 Street will be
32 feet from back of curb to back of curb within a 60 foot right -of -way. A temporary
turnaround within a temporary easement is required on the east end of 211 th Street until
the street is extended in the future. The developer has submitted the required
temporary easement documents for recording.
Sidewalks and Trails. A five foot wide concrete sidewalk will be constructed on the
south side of 211 Street by the developer.
Landscape Plan. A landscaping plan is not required to be submitted. All lots within the
final plat are interior lots and do not include any landscape buffer yard areas.
Outlots. The final plat does not include outlots.
2
Park Dedication. The developer previously dedicated land for a neighborhood park to
satisfy the majority of the park dedication requirement for the Chadwick Farm
subdivision with the remainder of the park dedication fee to be paid in cash at the time
of final plat. Therefore, a park dedication fee of $63,576.00 (18 lots x $3,532 per lot)
must be submitted to the City prior to release of the Chadwick Farm Sixth Addition final
plat mylars.
Tree Preservation. The plans are consistent with the approved Chadwick Farm tree
preservation plan submitted with the preliminary plat. A tree preservation security in the
amount of $6,000.00 is required to be submitted with the sixth addition as described in
the June 13, 2012 Engineering Report.
Overhead Utilities. No overhead utilities exist in Chadwick Farm Sixth Addition.
Grading, Drainage and Erosion Control. The final plat includes grading, drainage
and erosion control plans. The grading plan indicates that all building pads have been
graded with the construction of the first addition. 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 June 13, 2012 Engineering Report.
Wetlands. There are no wetlands within Chadwick Farm Sixth Addition.
Easements. A temporary easement is required over the temporary cul -de -sac area at
the east end of 211 Street. The developer has submitted easement descriptions for
the temporary easement document, which will be prepared by the City Attorney. 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 Chadwick Farm Sixth Addition final plat is consistent with the approved preliminary
plat and complies with the requirements of the Zoning and Subdivision Ordinances.
Staff recommends approval of the Chadwick Farm Sixth Addition final plat subject to the
following conditions:
1. The recommendations listed in the June 13, 2012 Engineering Report.
2. A temporary turnaround within a temporary easement is required on the east end of
211 Street until the street is extended in the future.
3. A five -foot concrete sidewalk shall be installed by the developer on the south side of
211 Street.
4. A park dedication fee of $63,576.00 must be submitted prior to release of the final
plat mylars.
3
Yard
Front
Side Interior
Side Corner
Rear
Setback
30'
10'
20'
30'
5. A tree preservation security of $6,000.00 must be submitted prior to release of the
final plat mylars.
6. All single - family homes must comply with the following RS -3, Single Family
Residential district setbacks:
4
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POS, Public &
ik. Space
4.4 a
...,ewrror
Chadwick Farm
6th Addition
OP, Office Park
215th StreetiCSAH 70)
City of Lakeville
Location & Zoning Map
Chadwick Farm
6th Addition Final Plat
Exhibit A
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OWNER/DEVELOPER
D.R. HORTON, INC. - Mn
30060 KEN5RIDCE COURT
SURE 100
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ENGINEERING ez DESIGN
1440 ARCADE STREET • 511ITE 200 • 5T. PAUL, ANNE5OTA
FAX (651) 776.5591 (651) 771.0544
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CERTIFICATION
I HEREBY CBRTWY THAT THIS PIAN WAS PREPARED BY RE OR UNDER NY
DIRECT SUPERVISION AND THAT i AN A DULY LK•6N5E0 PROFESSIONAL
CIVIL RNDDN RR L'NDOW THE LAWS OF THE $TAIR OF .MINNESOTA
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Lot 9, Block 2, CHADWICK FARM SIXTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
TEMPORARY ROADWAY EASEMENT
A temporary easement for roadway purposes over, under and across that part of Lot 9, Block 2, CHADWICK FARM SIXTH
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Commencing at the northeast corner of said Lot 9; thence North 89 degrees 34 minutes 25 seconds West, assumed bearing
along the north line of said Lot 9, a distance of 17.19 feet to the point of beginning of the easement to be described; thence
continuing North 89 degrees 34 minutes 25 seconds West, along said north line, a distance of 10.81 feet; thence westerly
63.11 feet, along said north line, being a tangential curve, concave to the north, having a central angle of 09 degrees 30
minutes 57 seconds and a radius of 380.00 feet to the northwest corner of said Lot 9; thence southeasterly 85.67 feet, along a
non - tangential curve, concave to the north, having a central angle of 106 degrees 42 minutes 44 seconds, a radius of 46.00
feet and a chord bearing of South 85 degrees 30 minutes 42 seconds East to the point of beginning.
I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly
licensed Professional Land Surveyor under the laws of the State of Minnesota.
ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE EAST LINE OF LOT 9, BLOCK 2, CHADWICK
FARM SIXTH ADDITION TO HAVE AN ASSUMED BEARING OF S 00 °25'35" W.
THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE COMMITMENT OR TITLE OPINION. A
TITLE SEARCH FOR RECORDED OR UNRECORDED EASEMENTS WHICH MAY BENEFIT OR ENCUMBER THIS
PROPERTY HAS NOT BEEN COMPLETED BY THE SURVEYOR.
AREA OF LOT 9, BLOCK 2 = 13,007 SQUARE FEET OR 0.2986 ACRES
AREA OF PROPOSED TEMPORARY ROADWAY EASEMENT = 874 SQUARE FEET OR 0.0201 ACRES
AS OF THE DATE OF THIS SKETCH AND DESCRIPTION THE PLAT OF CHADWICK FARM SIXTH ADDITION
HAS NOT BEEN RECORDED. THE DESCRIPTION WILL BECOME VALID UPON THE RECORDING OF THE
FINAL PLAT.
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SKETCH AND DESCRIPTION
For: D. R. Horton. Inc. - Minnesota
PROPERTY DESCRIPTION
Sign - • , 's st day of June, 21 2 For: James R. Hill, Inc.
By: « / At
Harold C. Peterson, Land Surveyor, MN License No. 12294
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211TH STREET
NOTES
Hill, Inc.
/ SURVEYORS
eiwsa4 W 55337
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PLANNERS / ENGINE
2500 W. Cnr. Ri . 4Z, 120
PHONE: (952)890 -6044 FAX: (952)890 -6244
EXHIBIT C
S76 °
8 E
Scale: 1 " =30'
211TH STREET
SKETCH AND DESCRIPTION
For: D. R. Horton. Inc. - Minnesota
21
0
NORTHWEST ;`
'`
5
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ST/9EET
NORTH LINE OF LOT 9, BLOCK 2.
R= 380.00
0=09 ° 30 57" •89 ° 34'25"'
63 , 1 1 — -.2 •28.00 —, -- OF LOT 9, BLOCK 2.
`- 17.19 -
4 ` 10 6 ° 42 44" ` '
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EASEMENT
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NORTHEAST CORNER
LOT 9,
BLOCK 2
_DRAINAGE AND UTILITY
EASEMENT PER PLAT I 20
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Page 2 of 2 James R. Hill, Inc.
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211TH STREET
SKETCH AND DESCRIPTION
For: D. R. Horton. Inc. - Minnesote
PROPERTY DESCRIPTION
Lot 9, Block 1, CHADWICK FARM SIXTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
TEMPORARY ROADWAY EASEMENT
A temporary easement for roadway purposes over, under and across that part of Lot 9, Block 1, CHADWICK FARM SIXTH
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows:
Commencing at the southeast corner of said Lot 9; thence North 89 degrees 34 minutes 25 seconds West, assumed bearing
along the south line of said Lot 9, a distance of 17.19 feet to the point of beginning of the easement to be described; thence
continuing North 89 degrees 34 minutes 25 seconds West, along said south line, a distance of 10.81 feet; thence westerly
54.59 feet, along said south line, being a tangential curve, concave to the north, having a central angle of 09 degrees 46
minutes 25 seconds and a radius of 320.00 feet; thence easterly 72.60 feet, along a non - tangential curve, concave to the south,
having a central angle of 90 degrees 25 minutes 53 seconds, a radius of 46.00 feet and a chord bearing of South 85 degrees 29
minutes 41 seconds East to the point of beginning.
I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly
licensed Professional Land Surveyor under the laws of the State of Minnesota.
By:
Si_' . L 1st day of June, 2
Harold C. Peterson, Land urveyor, MN License No. 12294
ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE EAST LINE OF LOT 9, BLOCK 1, CHADWICK
FARM SIXTH ADDITION TO HAVE AN ASSUMED BEARING OF S 00 °25'35" W.
THIS SURVEY HAS BEEN PREPARED WITHOUT BENEFIT OF A TITLE COMMITMENT OR TITLE OPINION. A
TITLE SEARCH FOR RECORDED OR UNRECORDED EASEMENTS WHICH MAY BENEFIT OR ENCUMBER THIS
PROPERTY HAS NOT BEEN COMPLETED BY THE SURVEYOR.
AREA OF LOT 9, BLOCK 1 = 18,813 SQUARE FEET OR 0.4319 ACRES
AREA OF PROPOSED TEMPORARY ROADWAY EASEMENT = 679 SQUARE FEET OR 0.0156 ACRES
AS OF THE DATE OF THIS SKETCH AND DESCRIPTION THE PLAT OF CHADWICK FARM SIXTH ADDITION
HAS NOT BEEN RECORDED. THE DESCRIPTION WILL BECOME VALID UPON THE RECORDING OF THE
FINAL PLAT.
NOTES
For: James R. Hill, Inc.
James R. Hill, Inc.
PLANNERS / ENGINEERS / SURVEYORS
2500 W. Cnr. RD. 42, Sty 120, BuyinuE, MN 55337
PHOPE: (952)890 -6044 FAX (952)890-6244
211TH STREET
SKETCH AND DESCRIPTION
For: D. R. Horton. Inc. - Minnesota
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LAKEVILLE, MINNESOTA
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PLANNERS / ENGINEERS
2500 W C1r Ro" 42, Suit
PHONE: (952)890 -6044
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120, BuRNs iLi.E MN 55337
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LAKEVILLE, MINNESOTA
FINAL EROSION & SEDIMENT CONTROL PLAN
FOR
D_ R. Horton, Inc.—Minnesota
20860 Kenbridge Court, Suite 100, Lokeville, Minnesota 55044
I hereby certify that this plan,
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Dote
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PLANNERS / ENGINEERS / SURVEYORS
2500 W. Cr( RD 42, Sum 120, BURNSNLIE, MN 55337
PHONE (952)890 -6044 FAX (952)890 -6244
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LAKEVILLE, MINNESOTA
FINAL GRADING & DRAINAGE PLAN
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20860 Kenbridge Court, Site 100, Lakeville, Minnesota 55044
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2500 W C RD 42, Slab 120, BURNSMLLE, MN 55337
PHONE: (952)890 -6044 FAX: (952)890 -6244
•
CHADWICK FARM SIXTH ADDITION
LAKEVILLE. MINNESOTA
SANITARY SEWER & WATERMAIN CONSTRUCTION
211TH STREET
D.R. Horton, Inc_— Minnesota
20860 Kenbridge Court, Suite 100, Lakeville, Minnesota 55044
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James R. Hill, Inc
PLANNERS / ENGINEERS / SURVEYORS
2500 W CTY Ro 42, SUTE 120, BURNSVILLE, MN 55337
PHONE: (952)890 -6044 FAX: (952)890 -6244
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CHADWICK FARM SIXTH ADDITION
LAKEVILLE, MINNESOTA
STREET C ON ST RU CTION
211TH STREET
FOR
D_ R Horton, Inc_ ev Minnesota
20860 Kenbridge Court, Suite 100, Lakeville Minnesota 55044
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James
LANNERS / ENGINEERS / SURVEYORS
2500 W CTY Ro 42, Sul[ 120, BulxseuE MN 55337
PHONE: (952)890 - 6044 FAX (952)890 - 6244
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I PROJECT NO. I
22517 - 06
I CAD FILE I
22517 -06PUC
I & LOT 9/BLK 2
6/12/12 REV PER CITY COMMENTS
I REVISIONS I
6/4/12 REV SERVICES-LOT 9 /6LK 1
I DATE
5/30/12
I DRAWN BY I
CJK
CHADWICK FARM SIXTH ADDITION
LAKEVILLE, MINNESOTA
PUBLIC UTILITY COORDINATE PLAN
FOR
D.R. Horton, Inc.—Minnesota
20860 Kenbridge Court, Suite 100, Lakeville, Minnesota 55044
I hereby certify that this plan
' 'r
er y
prepared by me or u nd m
drect superasion and that I am
a duly Ldensed Prolesslonal
' laws ot the
- [MA. lin. ti N• A CE
N
L_- -
\ James R. Hill, Inc.
PLANNERS / ENGINEERS / SURVEYORS
/ 2500 W Cr( RD 42, SUE 120, BURNSIALLE, MN 55337
:
PHONE: (952)890-6044 FAX (952)890-6244
,IrMi
Dote 5 7 11 .41 1 . WReg 60 24676
22517-06PUC dwo — 6/13/2012 09 22AM
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6/12/12 REV PER CITY COMMENTS
I REVISIONS
6/4/12 REV SERVICES -LOT 9 /6LK I
I DATE
5/30/12
I DRAWN BY
CJK
CHADWICK FARM SIXTH ADDITION
LAKEVILLE, MINNESOTA
FINAL LANDSCAPE PLAN
FOR
D. R. Horton, Inc.-Minnesota
20860 Kenbrldge Court, Suite 100, Lakeville, Minnesota 55044
~erred certify y to this Plan,
prepared eat,or Overt �slon that I am
ec su e under my
P r
a duly Licensed Processional
Engine der the lows of the
ANCE
James
PLANNERS / ENGINEERS
2500 W. crr RD. 42, Sulu
PHONE: (952)890-6044
.Hill, Inc.
/ SURVEYORS
120, BURNSVILLE, MN 55337
FAX: (952)890-6244
pate 54nfi� Reg No 24676
.I
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NOTE: ALL TREES WERE PLANTED AS PART OF PRIOR CHADWICK FARM ADDITION.
Memorandum
To: Allyn Kuennen, Associate Planner
From: Mark DuChene, Development/Design Engineer (Vt?
McKenzie L. Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Date: June 13, 2012
Subject: Chadwick Farm Sixth Addition
• Final Plat
• Grading & Erosion Control Plan
• Utility Plan
BACKGROUND
D.R. Horton Inc. - MN has submitted a final plat named Chadwick Farm Sixth
Addition. This is the sixth and final phase of the Chadwick Farm preliminary plat
approved by the City Council on May 24, 2004. The proposed subdivision is located
south of 210 Street, east of Italy Avenue, and north of Chadwick Farm Fourth
Addition. The parent parcel is Outlot A, Chadwick Farm Fifth Addition and is zoned
RS -3, Single Family Residential District.
The final plat consists of eighteen single - family lots within two blocks.
The proposed development will be completed by:
Developer: DR Horton Inc. - MN
Engineer & Surveyor: James R. Hill
Development of the site includes the extension of public sanitary sewer, watermain,
storm sewer and the construction of local streets and sidewalks.
SITE CONDITIONS
City of Lakeville
Engineering
The site predominantly slopes from north to south. The site was rough graded with
the Chadwick Farm Fourth Addition final plat.
CHADWICK FARM SIXTH ADDITION
JUNE 13, 2012
PAGE 2 OF 8
STREET AND SUBDIVISION LAYOUT
211 Street
Development of Chadwick Farm Sixth Addition includes the construction of 211
Street, a local street. 211 Street is designed as a 32 -foot wide, two -lane urban
street with a 5 -foot concrete sidewalk along one side. The Developer is dedicating
60 feet of right -of -way, in accordance with the right -of -way requirement for a local
street.
211 Street will extend east from its existing terminus and end in a temporary cul -de-
sac. The temporary cul -de -sac is designed with a 45 -foot radius and will be partially
located within Lot 9, Block 1 and Lot 9, Block 2. The Developer is establishing a
temporary public roadway, drainage and utility easement for the portions of the
temporary cul -de -sac that will be located within Lot 9, Block 1 and Lot 9, Block 2. The
easement will expire when the property to the east develops into lots and blocks
and 211 Street is extended east. The Developer will provide a $6,750.00 cash
escrow with the final plat to ensure the future removal of the temporary cul -de -sac
and associated right -of -way and driveway restoration is completed including
construction of the sidewalk. Barricades and a sign that reads "Future Street
Connection" will be installed at the terminus.
The City reserves the right to increase the street sections at the time of construction
based upon site conditions. Building permits, except one model home permit, for
Chadwick Farm Sixth Addition shall not be issued until the concrete curb and gutter
and bituminous base pavement have been installed.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction
shall be from Italy Avenue via 210 Street. No construction traffic shall access
Chadwick Farm Sixth Addition from any other location.
PARKS AND TRAILS
The City's Parks, Trails and Open Space Plan does not designate any area within the
proposed plat as future park land.
Development of Chadwick Farm Sixth Addition includes the construction of public
sidewalks. The Developer shall construct a 5 -foot wide concrete sidewalk along the
south side of 211 Street, which is consistent with the previous phases.
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:
CHADWICK FARM SIXTH ADDITION
TUNE 13, 2012
PAGE 3 OF 8
UTILITIES
SANITARY SEWER
18 units x $3,532.00 /dwelling unit = $63,576.00
Single - Family Dwelling Units Park Dedication Fee Rate Total
Chadwick Farm Sixth Addition is located within subdistrict SC -10400 of the South
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 Lakeville /Farmington Interceptor and continue to the Empire Wastewater
Treatment Facility. The downstream facilities have sufficient capacity to serve the
proposed residential subdivision.
Development of Chadwick Farm Sixth Addition includes the extension of public
sanitary sewer. 8 -inch sanitary sewer will be extended within the subdivision from
an existing 8 -inch sanitary sewer stub located in 211 Street as necessary to serve
the proposed lots.
The proposed sanitary sewer layout is in accordance with the City's Comprehensive
Sanitary Sewer Plan.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel
and shall be paid in cash at the time of final plat approval. The Sanitary Sewer
Availability Charge is calculated as follows:
WATERMAIN
18 units x $307.00 /dwelling unit = $5,526.00
Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total
Development of Chadwick Farm Sixth Addition includes the extension of public
watermain. Watermain will be extended within the subdivision from an existing
watermain stub located in 211 Street as necessary to serve the proposed lots.
The proposed watermain layout is in accordance with the City's Comprehensive
Water Plan.
Final locations and sizes of all sanitary sewer and watermain facilities will be
reviewed by City staff with the final construction plans. In association with MnOPS
requirements, utility hook -ups for buildings within Chadwick Farm Sixth Addition will
not be permitted until the as -built electronic files have been submitted and approved
by City staff.
CHADWICK FARM SIXTH ADDITION
JUNE 13, 2012
PAGE 4 OF 8
DRAINAGE AND GRADING
Chadwick Farm Sixth Addition is located within Subdistricts SC -19, and a small
portion lies within SC -35A of the South Creek Drainage District as identified in the
City's Water Resources Management Plan. Development of Chadwick Farm Sixth
Addition includes the construction of structures and piping for collecting storm water
and discharging to regional stormwater basin SC -19 -1, located southeast of the site,
which was constructed with previous Chadwick Farm development improvements.
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 Tots with footings placed on fill material are appropriately constructed.
Building permits for Chadwick Farm Sixth Addition shall not be issued until a certified
grading plan has been submitted and approved.
The Chadwick Farm Sixth Addition site contains approximately 6.58 acres. 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.
RETAINING WALLS
Previous development of the Chadwick Farm Fourth Addition included the
construction of a retaining wall by the Developer. The wall will is located within Lot
11, Block 1, Chadwick Farm Fifth Addition and within Tots 1 & 2, Block 1, Chadwick
Farm Sixth Addition. The wall is located outside the established drainage and utility
easements, and will be privately -owned and maintained by the homeowners.
STORM SEWER
Storm water runoff from the public right -of -way and lots constructed with the
Chadwick Farm Sixth Addition final plat will be conveyed via extension of the
existing storm sewer and directed to storm sewer treatment facilities previously
designed and constructed to accommodate the runoff in conjunction with the
Chadwick Farm subdivisions.
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 Chadwick Farm Sixth Addition for the street sub -cuts and lots. Drain tile
service connections are required on all lots of the Chadwick Farm Sixth Addition plat
as shown on the plans. Any additional draintile construction, including perimeter
CHADWICK FARM SIXTH ADDITION
JUNE 13, 2012
PAGE 5 OF 8
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 been satisfied on the parent parcel.
WETLANDS
There are no wetland impacts associated with the Chadwick Farm Sixth Addition
subdivision.
TREE PRESERVATION
The plans are consistent with the approved Chadwick Farm Tree Preservation plans.
The site was graded with the previous additions.
The tree preservation plan satisfies City requirements. All "save" trees that are
damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville
Subdivision Ordinance.
The Developer is required to post security for tree preservation on an individual lot
basis for each lot containing a "save" significant tree. The security is $1,500 for
each lot with a "save" significant tree and $1,000 for each outlot with a "save"
significant tree and is calculated as follows:
Lots 6,7,8 & 9, Block 1 4 Lots @ $1,500.00 $6,000.00
Total $6,000.00
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.
• 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 loss.
• 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.
CHADWICK FARM SIXTH ADDITION
JUNE 13, 2012
PAGE 6 OF 8
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.
SECURITIES
The developer shall provide a Letter of Credit as security for the developer - installed
improvements relating to Chadwick Farm Sixth Addition. The construction costs are
based upon the actual low bid from the Developer's Contractor, submitted by the
Developer on June 1, 2012.
CONSTRUCTION COSTS
Sanitary Sewer $ 34,281.85
Watermain 45,970.00
Storm Sewer 30,253.50
Street Construction 109,124.95
Erosion Control and Grading Certification 10,061.25
SUBTOTAL - CONSTRUCTION COSTS $229,691.55
OTHER COSTS
Developer's Design (6.0 %)
Developer's Construction Survey (2.5 %)
City's Legal Expense (0.5 %)
City Construction Observation (7.0 %)
Developer's Record Drawing (0.5 %)
Tree Preservation
Lot Corners
Streetlights
SUBTOTAL - OTHER COSTS
$13,781.49
5,742.29
1,148.46
16,078.41
1,148.46
6,000.00
1,800.00
$3,600.00
$49,299.11
TOTAL PROJECT SECURITIES $278,990.66
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 $1,800.00. 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 $3,600.00, which consists of three post top streetlights
on 211 Street at $1,200.00 each.
CHADWICK FARM SIXTH ADDITION
JUNE 13, 2012
PAGE 7 OF 8
CASH FEES
The traffic control signs which consist of four end -of -road object marker signs and
one future street connection sign may be relocated from Chadwick Farm Fifth
Addition. If the street posts are installed in frost conditions, the Developer shall pay
an additional $150.00 at each street post 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:
18 units x $7.65 /unit /qtr. x 4 qtrs. = $550.80
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:
18 units
Dwelling Units
x $7.00 /unit /qtr. x 4 qtrs. = $504.00
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:
18 units x $75.00 /unit = $1,350.00
No. of lots and 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 $6,890.75.
CASH REQUIREMENTS
Park Dedication
Future Temporary Cul -de -sac Removal
Sanitary Sewer Availability Charge
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
TOTAL — CASH REQUIREMENTS
$63,576.00
6,750.00
5,526.00
550.80
504.00
1,350.00
6,890.75
$85,147.55
CHADWICK FARM SIXTH ADDITION
JUNE 13, 2012
PAGE 8 OF 8
RECOMMENDATION
Engineering recommends approval of the final plat, grading and erosion control
plan, and utility plan for Chadwick Farm Sixth Addition, subject to the comments
within this report.