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HomeMy WebLinkAboutItem 07September 13, 2012 Daryl M.rey, Plann Director Lakeville SPIRIT OF BRANDTJEN FARM 10 ADDITION SEPTEMBER 17, 2012 CITY COUNCIL MEETING Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve: a resolution approving the Spirit of Brandtjen Farm 10 Addition preliminary and final plat, and 2) a resolution designating "No Parking" areas. Passage of this motion will result in the development of 48 single family lots within the Spirit of Brandtjen Farm planned unit development (SBF PUD). Overview Tradition Development (a /k/a SBF Development Corp.) representatives are requesting approval of the Spirit of Brandtjen Farm (SBF) 10 Addition final plat of 48 single family lots. Twenty -six (26) of the lots in the SBF 10 Addition final plat were preliminary platted with SBF 7 Addition. The other 22 lots in the SBF 10 Addition final plat are not part of a previously approved preliminary plat, therefore they are being preliminary platted at this time. In conjunction with the SBF 10 Addition final plat and consistent with the narrower street design approved with the SBF PUD, a resolution designating "No Parking" areas within the final plat must also be approved by the City Council. The Planning Commission held a public hearing on the SBF 10 Addition preliminary plat of 22 lots at their September 6, 2012 meeting and unanimously recommended approval. There was no public comment. The Parks, Recreation and Natural Resources Committee recommended approval of the preliminary plat at their September 5, 2012 meeting. Primary Issues to Consider • What easements are being granted in conjunction with the SBF 10 Addition final plat? Supporting Information • Staff analysis of issues • Resolutions approving the preliminary and final plat and designating "No Parking" areas • Signed development contract, warranty deed, and grants of easements • September 6 draft Planning Commission meeting minutes • September 5 draft Parks, Recreation and Natural Resources Committee meeting minutes August 30 planning and engineering reports Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances and SBF PUD Notes: Staff Analysis of Primary Issues • What easements are being granted in conjunction with the SBF 10` Addition final plat? A temporary blanket easement for drainage and utility purposes is being established over Outlot B (future development area) until Outlot B is final platted into lots and blocks. In addition, the City is granting an easement over OutlotA (stormwater basin) to allow the SBF HOA to construct and maintain a publicly accessible trail and associated landscaping and irrigation within OutlotA consistent with previous phases of the SBF development. Reserved for Dakota County Recording Information CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SPIRIT OF BRANDTJEN FARM 10 ADDITION WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 10 Addition has requested preliminary and final plat approval; and WHEREAS, the preliminary plat plans were reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The preliminary and final plat of Spirit of Brandtjen Farm 10 Addition is hereby approved subject to the terms and conditions of the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement dated October 17, 2005. 2. The Mayor and City Clerk are hereby directed to sign the 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 17 day of September, 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 17 day of September, 2012, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) WHEREAS, the City Council for the City of Lakeville is authorized in accordance with City Code to designate parking zones within the city, and WHEREAS, the sections of Draft Horse Boulevard, Diamonte Way, and 167 Court in Spirit of Brandtjen Farm 10 Addition will be constructed to allow a single traffic lane in each direction with parking on one side only, and 167 Street will be constructed as a divided parkway with no parking on both sides, consistent with the approved street sections in the Spirit of Brandtjen Farm planned unit development, and WHEREAS, establishing "No Parking" areas on Draft Horse Boulevard, Diamonte Way, 167 Street, and 167 Court will discourage potential on street parking, maintain sufficient access to the traffic lanes, provide increased sight lines for drivers, and reduce the interaction between vehicles and pedestrians. NOW, THEREFORE, BE IT RESOLVED, that the west side of Draft Horse Boulevard, the east side of Diamonte Way, both sides of 167 Street, and the south side of 167 Court shall be designated "No Parking" anytime. DATED this 17 day of September, 2012. ATTEST: Charlene Friedges, City Clerk CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO: RESOLUTION DESIGNATING "NO PARKING" AREAS ON DRAFT HORSE BOULEVARD, DIAMONTE WAY, 167 STREET, AND 167 COURT CITY OF LAKEVILLE By: Mark Bellows, Mayor DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) SPIRIT OF BRANDTJEN FARM 10TH ADDITION AGREEMENT dated , 2012, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and SBF DEVELOPMENT CORP., a Minnesota corporation (the "Developer"). 1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and planned unit development for SPIRIT OF BRANDTJEN FARM 10TH ADDITION (referred to in this Contract as the "plat "). The land is situated in the City of Lakeville, County of Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part hereof by reference. The Spirit of Brandtjen Farm 10th Addition site is zoned PUD, Planned Unit Development, and is subject to the provisions of Ordinance Number 787 approved by the Lakeville City Council on June 20, 2005, as well as the requirements listed in the Spirit of Brandtjen Farm Planned Unit Development Plan Booklet dated June 20, 2005 ( "SBF PUD Booklet "). 166258v1 1 (reserved for recording information) 2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City hereby approves the plat and planned unit development 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. Without the written permission of the City, 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 has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles Office. 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, sanitary sewer charges, and storm sewer 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 fifteen (15) years from the date of the SBF PUD Stage Plan Agreement, 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 166258v1 2 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 and B, the plans may be prepared, subject to the City Engineer's approval 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 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 - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - 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. Public Sidewalks 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 166258v1 3 shall submit plans and specifications which have been prepared by a competent registered professional 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 his 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. 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, including but not limited to: • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal 166258v1 4 • DNR for Dewatering • City of Lakeville for Building Permits • MCES for Sanitary Sewer Connections • City of Lakeville for Retaining Walls • NPDES General Stormwater Permit for construction activity 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, 2013, 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 excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current 166258v1 5 seeding specification which may include certified oat seed to provide a temporary 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 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 or other posted security 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 PLAN. 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 basins, swales, and ditches 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 basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, 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 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. 166258v1 6 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 Tots 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 his 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, or three and one - quarter percent (3 %) if using an alternate security /disbursement agreement of the estimated construction cost, assuming normal construction and project scheduling. The 166258v1 7 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. Development of Spirit of Brandtjen Farm 10th Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and lots to public stormwater basins 1 and 11 located near the northwest and southwest corners of the site. The trunk storm sewer area charge for Spirit of Brandtjen Farm 10th Addition has not been collected on the parent parcels and must be paid with the final plat. The trunk storm sewer area charge is calculated as follows: Gross Area of Spirit of Brandtjen Farm 10 Addition 2,945,092 s.f. Less Area of Outlot A (Stormwater Basin) ( -) 105,485 s.f. Less Area of Outlot B (Future Development) ( -) 2,123,044 s.f. Less Area of Diamond Path Right -Of -Way ( -) 60,000 s.f. Total = 656,563 s.f. 656,563 s.f. x $0.167/s.f. _ $109,646.02 Net Area of Spirit of Brandtjen Area Charge Farm 10 Addition The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot A to the City, consistent with City policy. The $13,310.00 credit is based on the size of Outlot A, is calculated at the rate of $5,500.00 per acre, and will be applied to the Spirit of Brandtjen Farm 10th Addition final plat fees. The balance due the City for trunk storm sewer area charge is calculated as follows: Trunk Storm Sewer Area Charge $109,646.02 Less Credit for Outlot A ( -) $ 13,310.00 Balance = $ 96,336.02 The Developer has a $158,967.64 trunk storm sewer credit carried over from Spirit of Brandtjen Farm 7 Addition. The $96,336.02 trunk storm sewer area charge for Spirit of Brandtjen Farm 10 Addition 166258v1 8 will be applied to the existing trunk storm sewer credit. A new balance of $62,631.62 shall be applied to future phases of the Spirit of Brandtjen Farm development. The trunk storm sewer area charge has not been collected on Outlot B, Spirit of Brandtjen Farm 10 Addition and shall be paid (or credited) at the time the outlot develops. Final locations and sizes of all storm sewer facilities must be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. Development of Spirit of Brandtjen Farm 10th Addition includes public sanitary sewer construction. Eight inch and ten inch sanitary sewer will be extended within the subdivision from an existing sanitary sewer stub to provide service to the Tots. The sanitary sewer availability charge has not been collected on the parent parcels and must be paid with the final plat. The sanitary sewer availability charge is calculated as follows: 48 units x $307.00 /dwelling unit = $14,736.00 Single- Family Dwelling Units Sanitary Sewer Availability Charge Rate Total The sanitary sewer availability charge has not been collected on Outlot B, Spirit of Brandtjen Farm 10 Addition and shall be paid at the time the outlot develops. 21. WATERMAIN. Development of Spirit of Brandtjen Farm 10th Addition includes public watermain construction. Eight inch watermain will be extended within the subdivision from an existing watermain stub to provide service to the Tots within Spirit of Brandtjen Farm 10th Addition. Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Spirit of Brandtjen Farm 10 Addition shall 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 street construction is restricted to Diamond Path via 170th Street. 23. PARK DEDICATION, TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen Farm 10th Addition includes the extension of the bituminous path through Outlot A to connect the existing trail system to Draft Horse Boulevard between 167 Court and 167 Street. The City's Parks, 166258v1 9 Trails and Open Space Plan does not designate any area within Spirit of Brandtjen Farm 10 Addition as future park land. The City's Parks, Trails and Open Space Plan identifies a 10 -foot wide bituminous trail along the west side of Diamond Path. The trail will be built when Diamond Path is constructed as a public street. The park dedication requirement will be satisfied through a cash contribution that must be paid with the final plat. The park dedication fee, as described in the approved Spirit of Brandtjen Farm Planned Unit Development, is calculated as follows: 48 units x $2,250.00/ unit = $108,000.00 Single - Family Dwelling Units Park Dedication Fee Rate Total The Developer has a park dedication credit of $255,357.22 carried over from Spirit of Brandtjen Farm 9 Addition. The $108,000 park dedication requirement for Spirit of Brandtjen Farm 10 Addition will be applied to the existing park dedication credit. A new balance of $147,357.22 shall be applied to future phases of the Spirit of Brandtjen Farm development. The park dedication requirement has not been collected on Outlot B, Spirit of Brandtjen Farm 10 Addition and shall be paid (or credited) when the outlot develops. 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $2,500.00 must be paid at the time of final plat approval, which includes three street and stop signs, one street and stop sign with one "No Outlet" sign and two sets of four end -of -road object marker signs and one future street connection sign. If the street posts are installed in frost conditions, the Developer must pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses must also be paid at the time of final plat approval and is calculated as follows: 48 dwelling units x $7.65 /unit/qtr. x 4 qtrs. = $1,468.80 Dwelling Units Street Light Operating Fee Total 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 and is calculated as follows: 166258v1 10 48 dwelling units x $7.00 /unit/qtr. x 4 qtrs. = $1,344.00 Dwelling Units Surface Water Management Fee Total 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. Suitable deciduous trees include: Birch Honeylocust Maple Ginkgo (male only) Kentucky Coffee Oak Hackberry Linden (Basswood) Suitable coniferous trees include: Fir European Larch Colorado Blue & Green Spruce Cedar Black Hills Spruce Austrian Pine Canadian Hemlock White Pine Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum deciduous tree size shall be two and one -half (2 %) inches caliper, either bare root in season, or balled and burlapped. Evergreen trees must be at least six feet (6') tall. The required two (2) trees may not be planted in the boulevard. The Developer or lot purchaser shall sod the front yard, boulevard, and side 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 is constructed on a lot. Before a building permit is issued, a cash escrow or letter of credit in the amount of $2,000.00 per lot shall be furnished the City to guarantee compliance with the erosion control, grading and landscaping requirements. If the erosion control, final grading and landscaping is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow or letter of credit 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. 27. BOULEVARD TREES. The Developer must install landscaping within the boulevard area of Draft Horse Boulevard, Diamonte Path, 167th Street, and 167th Court consistent with the streetscape 166258v1 11 design standards identified in the approved SBF PUD Booklet dated June 20, 2005. The landscaping must be installed such that it does not restrict visibility to traffic control signage. The Developer shall center boulevard trees 3% feet from the curb and 2'/ feet from the sidewalk. In an effort to protect the sidewalks and streets, the Developer shall install root barrier adjacent to both the curb and sidewalk. The trees must be maintained by the homeowner's association who must trim the trees to obtain a minimum future branch height of 13 feet. This complies with the design standards of the approved Spirit of Brandtjen Farm PUD. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the August 30,2012, Engineering report. B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. C. The lots in Spirit of Brandtjen Farm 10 Addition must meet the setback and design standards established by the approved SBF PUD Booklet dated June 20, 2005. The Tots within Spirit of Brandtjen Farm 10 Addition will be subject to the cottage lot standards as set forth in Section 7 of the SBF PUD Booklet. D. Documents including the modifications of the lots and open space within Spirit of Brandtjen Farm 10th Addition as part of the SBF Master Homeowners Association are required to provide for long -term ownership and maintenance. These documents are subject to review and approval of the City Attorney. E. The Spirit of Brandtjen Farm 10th Addition final plat must be developed consistent with the SBF PUD Stage Plan Agreement approved June 20, 2005. F. The Developer must connect 167 Street with the existing Aggregate Industries /McNamara Contracting service road and provide year road maintenance for emergency vehicle access. The access shall be secured by a locked swing gate to prevent public access. 166258v1 12 G. Public street access points /local connectivity for the lots in Spirit of Brandtjen Farm 3rd, 4th, 5th, 7th, 9th, and 10th additions will be reviewed when Outlot B, SBF 10th Addition is final platted into lots and blocks or if traffic safety issues arise. H. The Developer must deed Outlot A to the City for stormwater management purposes. I. The Developer must extend the existing trail located at the west line of Outlot A through Outlot A to Draft Horse Boulevard. J. The Developer must rough grade for a future trail along the west side of Diamond Path. K. Buffer yard landscaping for the lots abutting future Diamond Path must be installed consistent with the landscape plan approved with the Spirit of Brandtjen Farm 7th Addition preliminary plat. L. Before the City signs the final plat, the Developer must submit a letter from its bank stating the existing Letter of Credit submitted for the Spirit of Brandtjen Farm Development Contract shall also provide the necessary security for the Spirit of Brandtjen Farm 10th Addition Development Contract, including all of the required Developer installed improvements. M. 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 $5,000.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 50 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. 166258v1 13 N. 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 and outlot and is calculated as follows: 50 lots /outlots x $75.00 /unit = $3,750.00 O. 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 $9,900.00 and consists of seven (7) post -top streetlights at $1,200.00 each and one mast arm street light at $1,500.00. P. 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 furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ( "security ") for $1,093,646.88, plus a cash fee of $26,748.85 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $ 121,895.94 B. Watermain 186,670.93 C. Storm Sewer 156,768.47 D. Street Construction 396,292.88 E. Site Grading, Erosion Control, Restoration and Grading Certification 30,000.00 CONSTRUCTION SUB -TOTAL $ 891.628.22 OTHER COSTS: A. Developer's Design (6.0 %) $ 53,497.69 166258v1 14 B. Developer's Construction Survey (2.5 %) 22,290.71 C. City Legal Expenses (0.5 %) 4,458.14 D. City Construction Observation (7.0 %) 62,413.98 E. Developer's Record Drawings (0.5 %) 4,458.14 F. Landscaping 40,000.00 G. Street Lights 9,900.00 H. Lot Corners /Iron Monuments 5,000.00 OTHER COSTS SUB -TOTAL $ 202,018.66 TOTAL SECURITIES: $ 1,093,646.88 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 furnished to the City prior to the City Council signing the final plat: A. Sanitary Sewer Availability Charge B. Traffic Control Signs 166258v1 15 $ 14, 736.00 2,500.00 C. Street Light Operating Fee D. Surface Water Management Utility Fee E. City Base Map Updating F. City Engineering Administration (3% for letters of credit or 3.25% for alternate disbursement) TOTAL CASH REQUIREMENTS NEW BALANCE OF DEVELOPER CREDITS: Park Dedication Credit Trunk Storm Sewer Credit TOTAL DEVELOPER CREDITS * *TO BE APPLIED TO FUTURE PHASES ** 1,468.80 1,344.00 3,750.00 26, 748.85 $ 50,547.65 $ 147, 357.22 62,631.62 $ 209,988.84 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 furnished 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 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. 166258v1 16 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. 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 lots, 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. 166258v1 17 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 lots 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. 166258v1 18 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. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. 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 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 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. 166258v1 19 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 City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or 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 following address: 16972 Brandtjen Farm Drive, 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.] 166258v1 20 (SEAL) STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) 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. 166258v1 21 NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) SUSAN K BREW 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 RNK:cjh BY: 166258v1 22 DEVELOPER: SBF DEVELOPMEN Its NOTARY PUBLIC (esi The foregoing instrument was acknowledged before me this /37;9 day of ,5'E 7 2012, by / :: TA .0,e 4- 1V--/-- - MK the PS/7/J7 of SBF Development Corp., a Minnesota corporation, on behalf of the corporation. AND EXHIBIT A TO DEVELOPMENT CONTRACT That SBF Development Corp., a Minnesota corporation, owner and proprietor of the following described property situated in the County of Dakota, State of Minnesota, to wit: Outlot B, SPIRIT OF BRANDTJEN FARM 5TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Those parts of Outlot B, Spirit of Brandtjen Farm 7th Addition, according to the recorded plat thereof, described as follows: Beginning at the Southwesterly corner of said Outlot B; also being the Northwest corner of Spirit of Brandtjen Farm 4th Addition, according to the recorded plat thereof, Dakota County, Minnesota; thence North 53 degrees 54 minutes 56 seconds East, along the South line of said Outlot B, a distance of 38.75 feet, assuming the most Easterly line of said Outlot B has a bearing of North 00 degrees 07 minutes 38 seconds East; thence South 89 degrees 44 minutes 29 seconds East along said South line a distance of 398.61 feet to an Easterly line of said Outlot B; thence North 00 degrees 07 minutes 38 seconds East, along said Easterly line and its Northerly extension 167.26 feet; thence Northerly 45.61 feet along a tangential curve, concave to the East, having a central angle of 11 degrees 21 minutes 40 seconds, and a radius of 230.00 feet; thence South 78 degrees 30 minutes 42 seconds East a distance of 60.00 feet; thence South 89 degrees 52 minutes 22 seconds East a distance of 66.67 feet; thence North 84 degrees 38 minutes 52 seconds East a distance of 120.55 feet; thence North 00 degrees 07 minutes 38 seconds East a distance of 365.25 feet; thence South 87 degrees 24 minutes 44 seconds West a distance of 130.86 feet; thence South 87 degrees 24 minutes 37 seconds West a distance of 60.00 feet; thence Southerly 17.65 feet, along a non- tangential curve, concave to the West, having a central angle of 01 degree 46 minutes 26 seconds, a radius of 570.00 feet and a chord bearing of South 01 degree 42 minutes 10 seconds East; thence North 89 degrees 44 minutes 29 seconds West, not tangent to last described curve, a distance of 276.69 feet; thence South 66 degrees 09 minutes 20 seconds West a distance of 104.78 feet; thence South 36 degrees 35 minutes 45 seconds West a distance of 211.62 feet; thence South 53 degrees 23 minutes 56 seconds West a distance of 84.21 feet to the West line of said Outlot B; thence South 02 degrees 33 minutes 05 seconds East, along said West line, a distance of 221.01 feet; thence South 36 degrees 05 minutes 04 seconds East, along said West line, a distance of 111.00 feet to the point of beginning AND Commencing at the Southeast corner of Spirit of Brandtjen Farm 7th Addition, according to the recorded plat thereof, Dakota County, Minnesota; thence North 00 degrees 07 minutes 38 seconds East along the East line of said plat a distance of 754.61 feet to the point of beginning; thence continuing North 00 degrees 07 minutes 38 seconds East along said East line a distance of 16.54 feet; thence North 89 degrees 52 minutes 22 seconds West a distance of 235.00 feet to the East line of Diamonte Path as dedicated in said Spirit of Brandtjen Farm 7th Addition; thence South 00 degrees 07 minutes 38 seconds West along said East line of Diamonte Path a distance of 16.54 feet to the Northwest corner of Lot 28, Block 2 of said Spirit of Brandtjen Farm 7th Addition; thence South 89 degrees 52 minutes 22 seconds East along the North line of said Lot 28, Block 2 and its Easterly extension a distance of 235.00 feet to the point of beginning. 166258v1 23 Commencing at the Southwesterly corner of said Outlot B; also being the Northwest corner of Spirit of Brandtjen Farm 4th Addition, according to the recorded plat thereof, Dakota County, Minnesota; thence North 53 degrees 54 minutes 56 seconds East, along the South line of said Outlot B, a distance of 38.75 feet, assuming the most Easterly line of said Outlot B has a bearing of North 00 degrees 07 minutes 38 seconds East; thence South 89 degrees 44 minutes 29 seconds East along said South line a distance of 398.61 feet to an Easterly line of said Outlot B; thence North 00 degrees 07 minutes 38 seconds East, along said Easterly line and its Northerly extension 167.26 feet; thence Northerly 45.61 feet along a tangential curve, concave to the East, having a central angle of 11 degrees 21 minutes 40 seconds, and a radius of 230.00 feet; thence South 78 degrees 30 minutes 42 seconds East a distance of 60.00 feet; thence South 89 degrees 52 minutes 22 seconds East a distance of 66.67 feet; thence North 84 degrees 38 minutes 52 seconds East a distance of 120.55 feet to the point of beginning; thence North 00 degrees 07 minutes 38 seconds East a distance of 365.25 feet; thence South 87 degrees 24 minutes 44 seconds West a distance of 130.86 feet; thence South 87 degrees 24 minutes 37 seconds West a distance of 60.00 feet; thence Southerly 17.65 feet, along a non - tangential curve, concave to the West, having a central angle of 01 degree 46 minutes 26 seconds, a radius of 570.00 feet and a chord bearing of South 01 degree 42 minutes 10 seconds East; thence North 89 degrees 44 minutes 29 seconds West, not tangent to last described curve, a distance of 276.69 feet; thence South 66 degrees 09 minutes 20 seconds West a distance of 104.78 feet; thence South 36 degrees 35 minutes 45 seconds West a distance of 211.62 feet; thence South 53 degrees 23 minutes 56 seconds West a distance of 84.21 feet to the West line of said Outlot B; thence North 14 degrees 19 minutes 45 seconds West, along said West line, a distance of 270.75 feet; thence North 88 degrees 38 minutes 35 seconds East a distance of 69.10 feet; thence North 65 degrees 53 minutes 29 seconds East a distance of 619.57 feet; thence southeasterly 8.21 feet, along a non - tangential curve, concave to the southwest, having a central angle of 00 degrees 38 minutes 41 seconds, a radius of 730.00 feet and a chord which bears South 23 degrees 47 minutes 11 seconds East; thence North 70 degrees 04 minutes 12 seconds East a distance of 21.33 feet; thence easterly 65.20 feet, along a tangential curve, concave to the south, having a central angle of 12 degrees 39 minutes 48 seconds and a radius of 295.00 feet; thence easterly 127.51 feet, along a compound curve, concave to the south, having a central angle of 06 degrees 59 minutes 28 seconds and a radius of 1045.00 feet; thence South 00 degrees 16 minutes 31 seconds East a distance of 90.00 feet; thence South 00 degrees 07 minutes 38 seconds West a distance of 400.29 feet; thence South 02 degrees 17 minutes 00 seconds West a distance of 128.09 feet to the southerly line of said Outlot B; thence North 89 degrees 52 minutes 22 seconds West, along said southerly line, a distance of 20.18 feet to the point of beginning. And that Cobblestone Lake, LLC, a Minnesota limited liability company, owner and proprietor of the following described property situated in the County of Dakota, State of Minnesota, to wit: Outlot B, Spirit of Brandtjen Farm 7th Addition, according to the recorded plat thereof, except those parcels described as follows: Beginning at the Southwesterly corner of said Outlot B; also being the Northwest corner of Spirit of Brandtjen Farm 4th Addition, according to the recorded plat thereof, Dakota County, Minnesota; thence North 53 degrees 54 minutes 56 seconds East, along the South line of said Outlot B, a distance of 38.75 feet, assuming the most Easterly line of said Outlot B has a bearing of North 00 degrees 07 minutes 38 seconds East; thence South 89 degrees 44 minutes 29 seconds East along 166258v1 24 said South line a distance of 398.61 feet to an Easterly line of said Outlot B; thence North 00 degrees 07 minutes 38 seconds East, along said Easterly line and its Northerly extension 167.26 feet; thence Northerly 45.61 feet along a tangential curve, concave to the East, having a central angle of 11 degrees 21 minutes 40 seconds, and a radius of 230.00 feet; thence South 78 degrees 30 minutes 42 seconds East a distance of 60.00 feet; thence South 89 degrees 52 minutes 22 seconds East a distance of 66.67 feet; thence North 84 degrees 38 minutes 52 seconds East a distance of 120.55 feet; thence North 00 degrees 07 minutes 38 seconds East a distance of 365.25 feet; thence South 87 degrees 24 minutes 44 seconds West a distance of 130.86 feet; thence South 87 degrees 24 minutes 37 seconds West a distance of 60.00 feet; thence Southerly 17.65 feet, along a non - tangential curve, concave to the West, having a central angle of 01 degree 46 minutes 26 seconds, a radius of 570.00 feet and a chord bearing of South 01 degree 42 minutes 10 seconds East; thence North 89 degrees 44 minutes 29 seconds West, not tangent to last described curve, a distance of 276.69 feet; thence South 66 degrees 09 minutes 20 seconds West a distance of 104.78 feet; thence South 36 degrees 35 minutes 45 seconds West a distance of 211.62 feet; thence South 53 degrees 23 minutes 56 seconds West a distance of 84.21 feet to the West line of said Outlot B; thence South 02 degrees 33 minutes 05 seconds East, along said West line, a distance of 221.01 feet; thence South 36 degrees 05 minutes 04 seconds East, along said West line, a distance of 111.00 feet to the point of beginning AND Commencing at the Southeast corner of Spirit of Brandtjen Farm 7th Addition, according to the recorded plat thereof, Dakota County, Minnesota; thence North 00 degrees 07 minutes 38 seconds East along the East line of said plat a distance of 754.61 feet to the point of beginning; thence continuing North 00 degrees 07 minutes 38 seconds East along said East line a distance of 16.54 feet; thence North 89 degrees 52 minutes 22 seconds West a distance of 235.00 feet to the East line of Diamonte Path as dedicated in said Spirit of Brandtjen Farm 7th Addition; thence South 00 degrees 07 minutes 38 seconds West along said East line of Diamonte Path a distance of 16.54 feet to the Northwest corner of Lot 28, Block 2 of said Spirit of Brandtjen Farm 7th Addition; thence South 89 degrees 52 minutes 22 seconds East along the North line of said Lot 28, Block 2 and its Easterly extension a distance of 235.00 feet to the point of beginning. AND Commencing at the Southwesterly corner of said Outlot B; also being the Northwest corner of Spirit of Brandtjen Farm 4th Addition, according to the recorded plat thereof, Dakota County, Minnesota; thence North 53 degrees 54 minutes 56 seconds East, along the South line of said Outlot B, a distance of 38.75 feet, assuming the most Easterly line of said Outlot B has a bearing of North 00 degrees 07 minutes 38 seconds East; thence South 89 degrees 44 minutes 29 seconds East along said South line a distance of 398.61 feet to an Easterly line of said Outlot B; thence North 00 degrees 07 minutes 38 seconds East, along said Easterly line and its Northerly extension 167.26 feet; thence Northerly 45.61 feet along a tangential curve, concave to the East, having a central angle of 11 degrees 21 minutes 40 seconds, and a radius of 230.00 feet; thence South 78 degrees 30 minutes 42 seconds East a distance of 60.00 feet; thence South 89 degrees 52 minutes 22 seconds East a distance of 66.67 feet; thence North 84 degrees 38 minutes 52 seconds East a distance of 120.55 feet to the point of beginning; thence North 00 degrees 07 minutes 38 seconds East a distance of 365.25 feet; thence South 87 degrees 24 minutes 44 seconds West a distance of 130.86 feet; thence South 87 degrees 24 minutes 37 seconds West a distance of 60.00 feet; thence Southerly 17.65 feet, along a non - tangential curve, concave to the West, having a central angle of 01 degree 46 minutes 26 seconds, a radius of 570.00 feet and a chord bearing of South 01 degree 42 minutes 10 seconds East; thence North 89 degrees 44 minutes 29 seconds West, not tangent to 166258v1 25 last described curve, a distance of 276.69 feet; thence South 66 degrees 09 minutes 20 seconds West a distance of 104.78 feet; thence South 36 degrees 35 minutes 45 seconds West a distance of 211.62 feet; thence South 53 degrees 23 minutes 56 seconds West a distance of 84.21 feet to the West line of said Outlot B; thence North 14 degrees 19 minutes 45 seconds West, along said West line, a distance of 270.75 feet; thence North 88 degrees 38 minutes 35 seconds East a distance of 69.10 feet; thence North 65 degrees 53 minutes 29 seconds East a distance of 619.57 feet; thence southeasterly 8.21 feet, along a non - tangential curve, concave to the southwest, having a central angle of 00 degrees 38 minutes 41 seconds, a radius of 730.00 feet and a chord which bears South 23 degrees 47 minutes 11 seconds East; thence North 70 degrees 04 minutes 12 seconds East a distance of 21.33 feet; thence easterly 65.20 feet, along a tangential curve, concave to the south, having a central angle of 12 degrees 39 minutes 48 seconds and a radius of 295.00 feet; thence easterly 127.51 feet, along a compound curve, concave to the south, having a central angle of 06 degrees 59 minutes 28 seconds and a radius of 1045.00 feet; thence South 00 degrees 16 minutes 31 seconds East a distance of 90.00 feet; thence South 00 degrees 07 minutes 38 seconds West a distance of 400.29 feet; thence South 02 degrees 17 minutes 00 seconds West a distance of 128.09 feet to the southerly line of said Outlot B; thence North 89 degrees 52 minutes 22 seconds West, along said southerly line, a distance of 20.18 feet to the point of beginning 166258v1 26 COBBLESTONE LAKE, LLC, a Minnesota limited liability company, 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 " of Str 2012. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this //day of tPrE/IAt' ' , 2012, by j J? Eft/E, K , the Secretary of Cobblestone Lake, LLC, a Minnesota limited liability company, on its behalf. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651- 452 -5000 RNK:cjh 166258v1 SUSAN K BELEW s Notary Public v' <� M State of Minnesota My Commission Expires � 1 • January 31 , 2017 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT Notary Public 27 STATE DEED TAX DUE HEREON: $1.65 Dated: (Reserved for Recording Data) WARRANTY DEED FOR VALUABLE CONSIDERATION, SBF DEVELOPMENT CORP., a Minnesota corporation, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows: Outlot A, Spirit of Brandtjen Farm 10`" Addition, according to the recorded plat thereof. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: A. Covenants, conditions, restrictions, declarations and easements of record, if any; B. Reservations of minerals or mineral rights by the State of Minnesota, if any; C. Building and zoning laws, ordinances, state and federal regulations. THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. The consideration for this transfer was less than $500.00. STATE OF MINNESOTA ) )ss. COUNTY OF Di1i('O%?1- ) The foregoing instrument was acknowledged before me this /3TW. day of SE/'% 2 iCl $E, , 2012, by T Thep'? EAJ ° , the ReE5 %DPI 1 /T of SBF Development Corp., a Minnesota corporation, on behalf of said corporation. SUSAN K BREW Notary Public State of Minnesota My Commission Expires January 31, 201 7 Check here if part or all of the land is Registered (Torrens) THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651- 452 -5000 RNK/cjh 166272v1 SBF DEVELOPM By: \ Its Notary Public 2 Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 GRANT OF TEMPORARY EASEMENT COBBLESTONE LAKE, LLC, a Minnesota limited liability company, "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 Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a temporary easement for public drainage and utility purposes over, on, across, under, and through the land situated in the County of Dakota, State of Minnesota, as legally described as follows: ( "Subject Property "). TO HAVE AND TO HOLD the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and continuing until the Subject Property has been platted into lots and blocks at which time this easement will expire. The above named Grantor, for itself, 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 166299v1 Outlot B, SPIRIT OF BRANDTJEN FARM 10 ADDITION, according to the recorded plat thereof 1 harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this`L7day of 54PIOliGER, 2012. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) SUSAN K BELEW Notary Public State of Minnesota My Commission Expires January 31, 201 7 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: 651-452-5000 RNK/cjh By. 166299v1 2 GRANTOR: COBBLESTON It : S retary The foregoing instrument was acknowledged before me this ,C3 )//day of - 2012, by ,1 �rC'O6 �jIJ���} K the Secretary of Cobblestone Lake, LLC, a Minnesota limited liability company, on behalf of said company. NOTARY PUBLIC (Reserved for Recording Data) GRANT OF EASEMENTS THIS AGREEMENT is made this day of , 2012, by and between the CITY OF LAKEVILLE (the "City "), a Minnesota municipal corporation, and SBF DEVELOPMENT CORP. ( "Developer "), a Minnesota corporation. RECITALS WHEREAS, Developer is the developer of real property within the City of Lakeville, Dakota County, Minnesota that is included within the recorded plat of Spirit of Brandtjen Farm 10 Addition; and WHEREAS, development of that real property is subject to the terms of the following agreements between the City and Developer (collectively, the `Brandtjen PUD Agreements "): Master Planned Unit Development Stage Plan Agreement, Spirit of Brandtjen Farm, dated October 17, 2005, recorded January 20, 2006 as Document No. 2398820 in the office of the County Recorder in and for said Dakota County, Minnesota and as Document No. 583308 in the office of the Registrar of Titles in and for said County, as amended by First Amendment to Master Planned Unit Development Stage Plan Agreement for Spirit of Brandtjen Farm, dated January 17, 2006; and /or the Development Contract and Planned Unit Development Final Plan, Spirit of Brandtjen Farm, dated October 17, 2005, recorded January 20, 2006 as Document No. 2398821 in the office of said County Recorder and as Document No. 583309 in the office of said Registrar of Titles, as amended by First Amendment to Development Contract and Planned Unit Development Final Plan for Spirit of Brandtjen Farm, dated January 17, 2006; and WHEREAS, pursuant to the terms of the Brandtjen PUD Agreements, Developer is required to convey to the City certain real property within the Project (the "City Property ") and the City is required to subject the City Property to certain easements in favor of Developer and others, which City Property is located in Dakota County, Minnesota and is legally described as: Outlot A, Spirit of Brandtjen Farm 10 Addition, according to the recorded plat thereof. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Developer and the City agree as follows: 1. Recitals Incorporated. The recitals set forth above are hereby incorporated into and made a part of this Agreement. 2. Definitions. For purposes of this Agreement: (a) "Associations" means one or more non - profit corporation(s) serving as an association of Owners in the Project pursuant to a Declaration. (b) "Grantees" means Developer and its successors in title to each numbered lot in the Project, and the Associations. 3. Grant of Permanent Easements. The City hereby grants the following easements (collectively, the "Permanent Easements "): a. To the Developer and Associations, a perpetual, non - exclusive appurtenant easement on, over, under, across and through Outlot A, Spirit of Brandtjen Farm 10 Addition, for the purpose of constructing maintaining, repairing and replacing publicly accessible but Association - maintained trails, including irrigation, and landscaping for the purposes of enhancing the trails as may be required or authorized under the Brandtjen PUD Agreements or under plans approved by the City under the Brandtjen PUD Agreements, or as may be approved by the City upon application by one or more of the Associations on said Outlot (the "Trails "). b. Notwithstanding anything to the contrary contained in this Agreement, the Permanent Easements and Grantees' use of the City Property shall at all times be compatible with the City's use of the City Property for City stormwater basin purposes and other city purposes as to Outlot A, Spirit of Brandtjen Farm 10 Addition. 4. Maintenance and Restoration. a. All maintenance, repair and replacement of the Trails shall be performed by the Associations in a manner that causes as little disturbance to the City Property as may be practicable under the circumstances; and any and all portions of the surface area of the City Property which may have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at the sole cost and expense of the Associations, to essentially the same condition as the same were in prior to the commencement of any such work. b. The Associations, at their sole cost and expense, shall maintain, repair and, when necessary, replace, the Trails so that the Trails are at all times in good working order, condition 166356v2 2 and repair, reasonable wear and tear excepted. c. If the Associations fail to maintain, repair or replace any of the Trails such that any of the Trails poses a serious hazard to persons or property or has significantly deteriorated, the City, at its option, may remove from the City Property the hazardous or deteriorated Trails or may maintain, repair or replace the hazardous or deteriorated Trails, following adequate notice to the Associations and opportunity for the Associations to take appropriate action to maintain, repair, or replace the hazardous or deteriorated Trails; the Associations shall be responsible for all costs incurred by the City under this subsection. The City is not obligated to take any action to maintain, repair or replace any of the Trails under this Agreement. 166356v2 6. Indemnification. a. The Developer will indemnify, defend and hold harmless the City, its officers, employees, contractors, agents, successors and assigns, from all claims, damages, liabilities, penalties, fines, costs, causes of action and losses arising as a result of the use of the City Property by Developer, its officers, employees, contractors, agents and assigns, excepting however, such claims or damages as may be due to or caused by the negligence of the City, its agents, employees, or invitees. b. The Associations will indemnify, defend and hold harmless the City, its officers, employees, contractors, agents, successors and assigns, from all claims, damages, liabilities, penalties, fines, costs, causes of action and losses arising as a result of the use of the City Property by Associations and their respective employees, members, invitees, contractors and assigns, excepting however, such claims or damages as may be due to or caused by the negligence of the City, its agents, employees, or invitees. 7. Insurance. The Developer and Associations shall maintain their own policies of public liability insurance with regard to the use of the City Property by Developer, the Associations, their respective officers, agents, employees, members, invitees, contractors and assigns. 8. Compliance with Applicable Laws. Developer, Grantees and Associations shall at all times comply with all applicable laws, ordinances, rules, regulations, and codes, federal, state and local, whether now or hereafter promulgated or enacted, in connection with Grantees' and Associations' use of the City Property. At no time shall the installation, operation, or maintenance of the Improvements and/or Trails endanger or interfere with the safety of persons or property in the City. 3 9. Initial Construction of Trails. Notwithstanding anything to the contrary contained in this Agreement, Developer shall be solely responsible for constructing all Trails required by the Brandtjen PUD Agreements. 10. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original but all of which together shall constitute a single Agreement. IN TESTIMONY WHEREOF, the City and Developer have signed this Agreement the day and year first above written. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) 166356v2 THE CITY: 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, respectively, 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 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this , day of SE , 2012, by T. Jacob Enebak, the President of SBF Development Corp., a Minnesota corporation, on behalf of the corporation. SUSAN K BELEW Notary Public State of Minnesota My Commission Expires January 31, 2017 DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 AMP 166356v1 5 DEVELOPER: SBF DEVELOPM 1 ' ' By: —i ,ft T. Jai ob E Its: Presi NOTARY PUBLIC t ak Planning Commission Meeting Minutes, September 6, 2012 Page 9 8. Spirit of Brandtjen Farm 10 Addition Chair Lillehei opened the public hearing to consider the application of SBF Development Corp. for a preliminary plat and PUD development stage plans of 22 single family lots to be known as Spirit of Brandtjen Farm 10 Addition. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Break at 7:36 p.m. Reconvened at 7:45 pm. Tip Enebak and Jacob Fick from Tradition Development, were in attendance at tonight's meeting. Mr. Enebak updated the Planning Commission on Tradition Development's recent development activity in Spirit of Brandtjen .Farm. He indicated that if the current pace of new home construction continues for the rest of the year, they will have 50 new families in Spirit of Brandtjen Farm. Mr. Enebak stated that Tradition Development takes their responsibility to their residents very seriously. Mr. Fick presented an overview of their request ,,He indicated that the 10 Addition includes 26 final plat lots from; the SBF 7 Addition preliminary plat, which is bordered on the east by future Diamond Path, plus 22 high amenity pond Tots that are included in both the 10 Addition preliminary and ,final plats. Mr. Fick indicated that the back yards to Diamond Path will be bermed and landscaped in anticipation of the future construction of Diamond Path:°', :'.He stated that plat design creates more than just a development, it creates a neighborhood. Dan Licht from :.The Planning: Company_ presented the planning report. Mr. Licht stated that the Sprat. of Brandtjen, f arm 10 ';,Addition preliminary plat consists of 22 single family lots along, witn'the'request a final plat of 48 single family lots, which includes:. 26; that.` were preliminary platted with the SBF 7 Addition. The applicant is requesting approval tonight of a preliminary plat and PUD development stage plan. Mr. Licht stated that the. Spirit of Brandtjen Farm 10 Addition preliminary plat and PUD dev *tag' stae plan are consistent with the requirements of the Comprehensive Plan Zoning Ordinance, Subdivision Ordinance and the approved There were no comments from the audience. Mr. Licht stated= that Planning Department and Engineering Department staff recommend approval of the preliminary plat and PUD development stage plans, subject to the 9 stipulations listed in the August 30, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. Planning Commission Meeting Minutes, September 6, 2012 Page 10 Motion was made by Davis, seconded by Maguire to close the public hearing at 8:01 p.m. Ayes: Drotning, Maguire, Boerschel, Lillehei, Davis, Grenz Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • The Planning Commission thanked Mr. Enebak and Mr. Fick. They agreed that the SBF development is unique to Lakeville and they appreciate that Tradition Development has been able to continue with the original PUD plan. They felt the greatest asset to this PUD is that the same developer that started the dream is still developing the project. _. Motion was made by Maguire, seconded by -Davis to recommend to City Council approval of the preliminary plat and PUD;;development stage plans„ of 22 single family lots to be known as Spirit of Brandtjen Farm: 10 Addition :s'ubject to the following stipulations: 1. SBF 10 Addition shall be developed consistent with the approved SBF Master Plan, the PUD booklet dated :'June 20, 2005 and the PUD Development Stage Plan /Preliminary Plat.' 2. Documents incorporating, the SBF 10 final plat as part of the SBF Master Homeowners Association',' are required and are subject to review and approval the City; Attorney. 3. A revised preliminary plat indicating the cottage lot designations for each lot must be submitted. 4. The developer shall,, connect 167 Street with the existing Aggregate Industries /MpNamara - Contracting k service road and provide year round maintenance` for emergency vehicle access with the development of the to <. -.. =. 10 Addition subject to approval of City staff. The access shall be secured by a locked swing gate to prevent public access. Outlot A' 'shall be:`deeded to the City of Lakeville for stormwater management purposes. :The existing; trail located at the west line of Outlot A must be extended through Outlot A to Draft Horse Boulevard. 7. The shall rough grade for the future trail along the west side of Diarnond Path. 8. A landscape plan for the internal boulevard streets consistent with the landscape concept plan included in the SBF PUD Booklet dated June 20, 2005 must be submitted prior to City Council consideration of the applications. Buffer yard landscaping for the lots abutting future Diamond Path must be installed consistent with the landscape plan approved with the SBF 7 Addition preliminary plat. Planning Commission Meeting Minutes, September 6, 2012 Page 11 9. The new SBF park dedication credit balance shall be $147,357.22 ($255,357.22 existing credit balance - $108,000.00 credit for SBF 10 Addition). Ayes: Maguire, Boerschel, Lillehei, Davis, Grenz, Drotning Nays: 0 th Chai Lillehei opened the public hearing to consider the application of SBF Develo• ent Corp. for the following: a. Preliminary _plat and PUD development stage pla • s of 7 single family lots to be known as Sprit: of Brandtjen Farm 11 Addition; a b. The vacation of drainage and utility easements. The Recording Secretary atte ed that the legal notice had been : duly published in accordance with State Statutes a . City Code. Dan Licht: from Planning Company presentee he planning report. Mr. Licht stated that the lots, included in SBF 11 Addition were •art of the preliminary plat of SBF 6th Addition and the final plat of SBF 8 Addition. Mr. Licht indicated that the lots within SBF 11 Addition - e designated on the preliminary plat and otherwise subject to the cottage or traditio'al lot standards as stated in Section 7 of ;the SBF PUD Booklet. He stated that 'e lots within the preliminary plat are consistent with the lot requirements for the prey usly approved SBF 8 Addition;';;'.' Jacob Fick from Tra•' ion Development presented an overview of the request. Mr. Fick stated that their p -ns keep evolving within SBF and adjustments have been made due to the econom . He indicated that the lots proposed in SBF 11 Addition were part of the prelimina •lat of SBF 6 Addition and the final plat of SBF 8 Addition. He stated that the have; made some design changes due to market resistance to the original desig of "private carriageways and they were having difficulty selling lots that were bas to back:: Mr. Fick explained that SBF 11 Addition proposes to eliminate the pr . te carria platted as Outlot A, SBF 8th Addition to service the its iri Blocks .'l :'nd 2. He also ind that there is one less lot on the proposed 11 .Addition tha the approved 8 Addition within Block 2 due to greater lot widths. Mr: .Fick stated. th- there will be an additional outlot that will provide shared vat access to Eaglevie Drive. Regarding access, Mr. Licht explained that the proposed reconfiguratio ' of the access for the lots fronting onto Eagleview Drive will reduce encroachment • -hind these Tots adding visual open space to the privately maintained /publicly acces '•le green space approved at the center of the block with SBF 6 Addition that the sev lots in the 11 Addition will back onto. DRAFT CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE MEETING MINUTES September 5, 2012 air Kelly called the meeting to order at 6 p.m. in the Council Chambers at City Hall. Member esent: Matt Dinslage, Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterso :ob Swan, Jerry Zell Members Absent: . e Staff Present: Interim Pa : Recreation Director John Hennen, Environmental Resources Manager Mac Cafferty, Recordin • ecretary Patty Ruedy 2. Approval of July 18, 2012 meeting nutes Minutes were approved as presented. 3. Citizen comments There were no citizen comments. 4. Staff report Staff gave an update on Heritage Center, Kenrick Avenue Trail project a : mprovements to King Park infields #1, 2 and 4. Staff has had some discussions with Stev- ► cComas regarding water quality issues at Valley Lake. Newly- planted park trees are being w. -red due to lack of rain. Art Festival is scheduled for September 15 -16. 5. Spirit of Brandtjen Farms 10th Addition preliminary and final plat The plat consists of 22 single - family lots located west of Draft Horse Blvd. and north of 170 St. SBF Development Corporation has also submitted a final plat for approval of 48 single - family lots and 2 outlots. The developer will be required to construct 5' concrete sidewalks on both sides of all local streets and rough -grade for future trail along the west side of Diamond Path. Park dedication was previously satisfied through a land dedication and cash contribution paid in 2005. Staff noted that grading for the site was done in the first phase. Goodwin inquired about trails and green spaces. Staff replied that trails and common areas remain intact. Motion made by Zell, seconded by Goodwin to recommend City Council consider approval of Spirit of Brandtjen Farms 10th Addition preliminary plat, PUD development stage plan and final plat subject to the TPC Planning Report dated August 30, 2012 and Engineering Report dated August 30, 2012. Ayes- Unanimous irit of Brandtjen Farms 11 th Addition preliminary and final plat This is - • .t of the SBF 8th Addition approved by City Council on Oct. 17, 2011. The private alley platte• • tiot A to service the lots and blocks 1 and 2 has been eliminated. The developer will . • ed to construct 5' concrete sidewalks on both sides of all local streets. The park dedication r-..' - , ent was paid with the SBF plat in 2005; therefore no park dedication will be collected. Goo •w • 'red about trails. Staff replied that the trails are taken care of by the association in this area. TP MEMORANDUM TO: Daryl Morey FROM: Daniel Licht, AICP DATE: 30 August 2012 RE: Lakeville — SBF 10 Addition TPC FILE: 135.01 — 12.02 ANALYSIS SBF Development Corporation has submitted plans for Spirit of Brandtjen Farm 10 Addition. The proposed 10 addition preliminary plat consists of 22 single family lots located west of Draft Horse Boulevard and north of 170 Street. The applicant has also submitted a final plat for approval of 48 single family lots (including 26 Tots preliminary platted with SBF 7 Addition) and two outlots. The developer is requesting approval of a preliminary plat, PUD development stage plan and final plat. The subject site is zoned PUD, Planned Unit Development District as approved by the City Council on 20 June 2005. Exhibits: A. Location Map B. SBF 10 Addition Preliminary Plat Exhibits (9 sheets) C. SBF 10 Addition Final Plat (2 sheets) D. SBF 10 Addition Final Plat Exhibits (7 sheets) ANALYSIS C 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC�^PlanningCo.com High Density = 6.13ac. x 12du /ac. = 73du. item No. Comprehensive Plan. The SBF Master Site Plan (Page 3.5 of the SBF PUD Booklet) designates the area to be preliminary platted for Single Family Detached to High Density Senior Home land uses. Based on the maximum allowed development density the following calculation applies: Setbacks Front Side Rear House Garage Door Garage Interior Corner House Garage Door Garage House Garage 20ft. 25ft. 20ft. 7ft. 15ft 25ft 15ft 20ft. 10ft. The PUD Development Stage Plan /Preliminary Plat includes 22 lots. These 22 lots will be deducted from the total of 2,109 dwelling units allowed for the entire SBF PUD District enabling the remaining lots to potentially be developed elsewhere within SBF. Furthermore, the proposed 48 single family lots to be final platted are within the 2,109 dwelling units planned for SBF and will not have a negative impact to City service capacities. MUSA. The subject site is within the current MUSA and sanitary sewer and water utilities are available to the property to accommodate the proposed SBF10 Addition plat. Zoning. The subject site is zoned PUD, Planned Unit Development District subject to the provisions of Ordinance Number 787 approved by the City Council on 20 June 2005. Lots. There is no minimum lot area required by the SBF PUD District with the lots regulated based on minimum width requirements, setbacks and design standards established by the SBF PUD Booklet dated 20 June 2005. The lots within SBF 10 Addition will be subject to the cottage lot standards as set forth in Section 7 of the SBF PUD Booklet. A revised preliminary plat including the lot designations must be submitted. Designation of the lots as cottage lots within the preliminary plat is also consistent with the lot requirements for the previously approved SBF 7 Addition preliminary plat. The development of cottage lots in this area is acceptable given the SBF Land Use Plan and Master Site Plan designation for the subject site. The 60 foot wide lots are consistent with the single family lots final platted in the areas off of Draft Horse Boulevard as part of SBF 4 5 and 7 Additions and appropriate site design to have similar lots fronting both sides of a street. Setbacks. All of the proposed single family lots are subject to and are consistent with the setback requirements established for cottage lots: Access. Lots 19 -22, Block 1 of the preliminary plat will access Draft Horse Boulevard. Lots 1 -18, Block 1 of the preliminary plat access 167 Court, which is a cul -de -sac street extending west off of Draft Horse Boulevard. There are no cul -de -sac streets illustrated on the SBF Master Site Plan (Page 3.5 of the SBF PUD Booklet), which illustrated development of 11 single family lots in this area off of a loop street intersecting Draft Horse Boulevard at two points with a center publicly accessible / privately maintained green space. The proposed cul -de -sac street is 520 feet in length, within the 600 feet allowed by Section 10- 4- 3.S.4.b of the Subdivision Ordinance. 2 Purpose Outlots Storm water basin to be deeded to the City A Future phases B The streets accessing the other lots within the SBF 10 Addition final plat were approved with the SBF 7 Addition preliminary plat. The applicant is proposing construction of 167 Court, Draft Horse Boulevard, 167 Street and Diamonte Path for internal circulation accessing the proposed lots and those final platted by previous additions. The street designs must meet the standards set forth in the SBF PUD Booklet dated 20 June 2005. Right -of -way for future Diamond Path is shown on the submitted plans. The developer had previously agreed as part of the original SBF approvals and those for the SBF 4th Addition final plat to construct Diamond Path with subsequent final plats in this area when 167 Street connected to Diamond Path. However, the SBF 7 Addition approval deferred construction of Diamond Path to a future date with access being provided by Draft Horse Boulevard and a proposed secondary connection to an existing access road that is utilized for the gravel processing and asphalt production areas on the north side of the SBF PUD that could be utilized by emergency service vehicles until Diamond Path is constructed in the future. Fire Department staff is recommending that 167 Street connect with the existing Aggregate Industries /McNamara Contracting service road for emergency vehicle access with the development of the 10 Addition. They further recommend that the connection be secured by a locked swing gate to prevent public access and that the developer or Aggregate Industries /McNamara Contracting provide year round maintenance of the service road for emergency vehicle access. Sidewalks/Trails. The submitted plans indicate that a concrete sidewalk will be constructed along the front of all of the SBF 10 Addition lots. The developer will also be required to rough grade for the future trail along the west side of Diamond Path. The existing trail located at the west line of Outlot A must be extended through Outlot A to Draft Horse Boulevard. Outlots. The SBF 10 Addition preliminary and final plat includes two outlots: Landscape Plan. A landscape plan for the required buffer yard along Diamond Path was submitted and approved with the SBF 7 Addition preliminary plat. A landscape plan for the internal boulevard streets consistent with the landscape concept plan included in the SBF PUD Booklet dated 20 June 2005 must be submitted prior to City Council consideration of the applications. The buffer yard and boulevard landscaping must be installed consistent with the approved plans. Park Dedication. No public park land will be dedicated to the City as part of SBF 10 Addition. Park dedication requirements are calculated and paid at the time of final plat approval based on the formula established by the SBF Master PUD Development Agreement, minus any outstanding credits due from previously final platted additions. The park dedication requirement for the SBF 10 Addition final plat is $108,000.00 (48 Tots x $2,250.00 /lot). There is a $255,357.22 park dedication credit carried over from 3 the SBF 9 Addition final plat. The new SBF park dedication credit balance will be $147,357.22 ($255,357.22 - $108,000.00). Easements. The preliminary plat and final plat illustrate drainage and utility easements at the perimeter of the single family lots as required by Section 10 -4 -4 of the Subdivision Ordinance. Grading Plan. All grading and drainage issues are subject to review and approval of the City Engineer. Utility Plan. All utility issues are subject to review and approval of the City Engineer. Homeowners Association. Documents including SBF 10 Addition as part of the SBF Master Homeowners Association are required to provide for long -term ownership and maintenance of Outlot A. These documents are subject to review and approval by the City Attorney. CONCLUSION The Spirit of Brandtjen Farm 10 Addition PUD Development Stage Plan, Preliminary and Final Plat are consistent with the requirements of the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and the approved SBF PUD. Our office recommends approval subject to the conditions outlined below: 1. SBF 10 Addition shall be developed consistent with the approved SBF Master Plan, the PUD booklet dated 20 June 2005 and the PUD Development Stage Plan /Preliminary Plat. 2. Documents incorporating the SBF 10 Addition final plat as part of the SBF Master Homeowners Association are required and are subject to review and approval of the City Attorney. 3. A revised preliminary plat indicating the lot cottage lot designations for each lot must be submitted. 4. The developer shall connect 167 Street with the existing Aggregate Industries /McNamara Contracting service road and provide year round maintenance for emergency vehicle access with the development of the 10 Addition subject to approval of City staff. The access shall be secured by a locked swing gate to prevent public access. 5. Outlot A shall be deeded to the City of Lakeville for stormwater management purposes. 6. The existing trail located at the west line of Outlot A must be extended through Outlot A to Draft Horse Boulevard. 4 7. The developer shall rough grade for the future trail along the west side of Diamond Path. 8. A landscape plan for the internal boulevard streets consistent with the landscape concept plan included in the SBF PUD Booklet dated 20 June 2005 must be submitted prior to City Council consideration of the applications. Buffer yard landscaping for the lots abutting future Diamond Path must be installed consistent with the landscape plan approved with the SBF 7 Addition preliminary plat. 9. The new SBF park dedication credit balance shall be $147,357.22 ($255,357.22 existing credit balance - $108,000.00 credit for SBF 10 Addition). c. Jacob Fick, Tradition Development 5 Spirit of Brandtjen Farm 10th Addition N l7Oth Street Location Map City of Lakeville Spirit of Brandtjen Farm 10th Addition Exhibit A MZ9 069(LS6) OA 4108 068(ZS6) 7NOHd MSS NI 1 VI US z4 as w >w 00SZ SNOA3A nS / SM33NON3 SM3NNVl '3U ` IIIH • a s WKS tl1.05314wn Ywa3 'RIMS 3f1 33NVae 0009 1IOLLV2iO&IO3 LN3�d0I3A3Q 31 SW y33HS WWI YlOS3NN1 3TN3Ntll HOLIJU UV MI IIfl U N3fiQNV21H d0 MildS I DRAWN BY 1 CJ( I i/9/9 ' 31Y0 1 SNO5V.31 'sixuups uu Wan. 11 3 /e r CAD FILE 20662 -09TS I PROJ EC T NO. 20662 -09 ` �` j� ^ w a Ht � � Y -. < N H a cn CI) E-4 ' ft 0 s 01d1S ZO .. IOZ /Of'B - o.p 5160 - Z99 HIBIT B 10TH ADDITION HYDROLOGIC GROUP 0 0 00 03 0] 03 03 03 OD < < < SOIL CATEGORY Ostrander loam, 6 -12% slopes Wadena loom, 2 -6% slopes Wodena loam, 12 -18% slopes Estherville sandy loam, 2 -6% slopes Colo silt loam, occasionally flooded Cylinder loam Klinger silt loam, 1 -5% slopes Kennebec sit loom Port Byron sit loom, 2 -6% slopes Lindstrom sit loam, 1 -4% slopes Waukegan sit loam, 0 -1% slopes Waukegan silt loam, 1 -6% slopes Konaranzi loam, 2 -6% slopes Kanoranzi loam, 6 -12% slopes Hawick coarse sandy loam, 6-12% slopes Howick coarse sandy loam, 12 -18% slopes Hawick loamy sand, 18 -25% slopes Pits, Grovel water SOIL LABEL 2C 398 39D 41B 98 B£14 641 8994 OSZ 4114 13100 9917 9117 0119 3917 3119 0119 6401 (ZS6) MU 1 3NOFW 9•9 Vi 311s't1 0 9 0 3 M oosz SN33NON3 / SN3NNVld 1 •a sewed SS>09 010S3NN4 , 79103 71005 3■103&0 301.91 0009 NOI.LVIIOd2IOO 1,N3Ndfl! 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' 20662 -09 1 r 1 _ d 9� w .,,., ,,. a.w. ; � 0) 0 C , NdLO fO 2102 /OL /9 - bap d0360 -E991 I Ps 1 a Z9 -068(ZS6) %Y3 4609- o68(N6) 1A0Hd Lf£SS NII 'mman8 bZl xnS 'Z4 @I u3 lM _OSZ SMOA3A8f1S / S2133NISN3 / S213NNY1d •3Up `HH!H na sawed n05S NN '3TN3NVl '3NN10 nMV4 ' ZL69L .LNaY do'Ia 2a NOLLIUVEL Nod NV Id LLTILLI1 'IVNI.A V1053NN111 '311v.3NVl NOL1J UV RIOT IINti N2flaNV IU JO d1?IIdS Z m O <^ O N 0 ilf 5 5 F 0 rE 5dSO 00 0100 /05/0 - S -5 nso-ZSSc Memorandum Outlot A: Stormwater Basin; to be deeded to the City (2.42 acres) City of Lakeville Public Works— Engineering Division To: Daryl Morey, Planning Director From: Mark DuChene, Development Design Engineer fp Mac Cafferty, Environmental Resources Manager Copy: Zachary V. Johnson, City Engineer John Hennen, Interim Parks and Recreation Director Gene Abbott, Building Official Dennis Feller, Finance Director Date: August 30, 2012 Subject: Spirit of Brandtjen Farm 10 Addition • Preliminary Plat Review • Final Plat Review • Erosion Control Plan Review • Grading Plan Review • Utility Plan Review BACKGROUND SBF Development Corporation has submitted a preliminary and final plat named Spirit of Brandtjen Farm 10 Addition. The parent parcel consists of Outlot B, Spirit of Brandtjen Farm 7 Addition and is zoned PUD, Planned Unit Development District. The residential subdivision is located north of 170 Street, west of and adjacent to the future extension of Diamond Path (CSAH -33) and east of the farmstead preservation area. The preliminary plat consists of twenty -two (22) single - family Tots and one (1) outlot on 67.61 acres. The area east of Draft Horse Boulevard was preliminary platted with the Spirit of Brandtjen Farm 7 Addition and approved by the city council on August 1, 2011. The outlot created with the preliminary plat will have the following uses: Outlot A: Future residential development; to be retained by the Developer (61.48 acres) The final plat consists of forty -eight (48) single - family Tots and two (2) outlots on 67.61 acres. The Developer is dedicating 1.38 acres as Diamond Path (CSAH -33) right -of- way. The outlots created with the final plat will have the following uses: Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 2 of 10 Outlot B: Future residential development; to be retained by the Developer (48.74 acres) SITE CONDITIONS The Spirit of Brandtjen Farm 10 Addition site consists of vacant, undeveloped land that was previously mass graded with the first phase of the Spirit of Brandtjen Farm improvements. STREET AND SITE LAYOUT Diamond Path Spirit of Brandtjen Farm 10 Addition is west of and adjacent to Diamond Path, a future major collector roadway as identified in the City's Transportation Plan. The current Dakota County Road Plat Review Needs Map identifies Diamond Path as a future four - lane undivided County State Aid Highway with a 1 /2 right -of -way requirement of 60 feet. The Developer is dedicating 80 feet of right -of -way, as shown on the plat, to satisfy the 1 /2 right -of -way requirement for Diamond Path. The Dakota County Plat Commission reviewed the Spirit of Brandtjen Farm 10 Addition preliminary plat at its August 13, 2012 meeting and the final plat at its August 27, 2012 meeting and will recommend approval to the Dakota County Board of Commissioners. The Diamond Path right -of -way currently consists of a flat, rough - graded dirt surface utilized by McNamara Contracting. The intersection of 170 Street and Diamond Path is barricaded with a locked gate — there is no public vehicular traffic. The Developer is responsible for maintenance of the Diamond Path right -of -way (dust control and restoration) until the public street is constructed. The right -of -way dedication overlaps an existing 50 -foot wide easement in favor of Williams Companies, Inc. The future design and construction of Diamond Path must be consistent with Dakota County standard specifications, including access spacing and storm sewer requirements, as well as any requirements set forth by Williams Companies, Inc. in relation to the potential relocation of the existing gas pipeline. The County's current Capital Improvement Plan does not include the construction of Diamond Path. Diamond Path will be constructed in the future when the need for the street is warranted. Draft Horse Boulevard Development of Spirit of Brandtjen Farm 10 Addition includes the construction of Draft Horse Boulevard, a local street. Draft Horse Boulevard will be extended north from the existing stub. Draft Horse Boulevard is designed as a 28 -foot wide urban street with 5- foot wide concrete sidewalks along both sides. The Developer is dedicating 60 feet of right -of -way, as shown on the final plat, to satisfy the right -of -way requirement for Draft Horse Boulevard. The street and landscaped boulevard design is consistent with the approved Spirit of Brandtjen Farm Planned Unit Development Plan. A "Future Street Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 3 of 10 Extension" sign and barricades must be placed at the north end of Draft Horse Boulevard until the street is extended in the future. Draft Horse Boulevard will also be extended north in the future when Outlot B, Spirit of Brandtjen Farm 10 Addition develops. Unless Diamond Path is constructed as a public roadway to 167 Street, Draft Horse Boulevard must be extended to Eagleview Drive, consistent with the Spirit of Brandtjen Farm Master Site Plan, with any subsequent development of Outlot B, Spirit of Brandtjen Farm 10 Addition to provide a second public street access point for the lots in the Spirit of Brandtjen Farm 3ra 4th 5th 7 th 9t and 10 Additions. 167 Street Development of Spirit of Brandtjen Farm 10 Addition includes the construction 167 Street, a local street. 167 Street is designed as a two -lane divided parkway urban street with 5 -foot wide concrete sidewalks along both sides and provides connections to future Diamond Path, Draft Horse Boulevard and Diamonte Path. The Developer will dedicate 90 feet of right -of -way, as shown on the final plat, to satisfy the right -of -way requirement for 167 Street. The street and landscaped boulevard design is consistent with the approved Spirit of Brandtjen Farm Planned Unit Development Plan. 167 Court Development of Spirit of Brandtjen Farm 10 Addition includes the construction of 167 Court, a local cul -de -sac. 167 Court is designed as a 28 -foot wide urban street with a 45 -foot radius cul -de -sac with 5 -foot wide concrete sidewalks. The Developer is dedicating 52 feet of right -of -way along the street and 60 -feet of right -of -way around the cul -de -sac, as shown on the final plat, to satisfy the right -of -way requirement for 167 Court. The street and landscaped boulevard design is consistent with the approved Spirit of Brandtjen Farm Planned Unit Development Plan. Diamonte Path Development of Spirit of Brandtjen Farm 10 Addition includes the construction of Diamonte Path, a local street. Diamonte Path is designed as a 28 -foot wide urban street with 5 -foot wide concrete sidewalks along both sides and provides connections to 167 Street and 168 Street. The Developer is dedicating 52 feet of right -of -way, as shown on the final plat, to satisfy the right -of -way requirement for Diamonte Path. The street and landscaped boulevard design is consistent with the approved Spirit of Brandtjen Farm Planned Unit Development Plan. Diamonte Way will also be extended north in the future when Outlot B, Spirit of Brandtjen Farm 10 Addition develops. "Future Street Extension" sign and barricades must be placed at the north end of Diamonte Path on the north side of 167 Street until the street is extended in the future. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Barricades and future street connections signs are required at the end of all street stubs. Building permits, except one model home permit, for Spirit of Brandtjen Farm 10 Addition shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 4 of 10 CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Diamond Path via 170 Street. PARKS AND TRAILS Development of Spirit of Brandtjen Farm 10 Addition includes the extension of the bituminous path through Outlot A to connect the existing trail system to Draft Horse Boulevard between 167 Court and 167 Street. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land The City's Parks, Trails and Open Space Plan identifies a 10 -foot wide bituminous trail along the west side of Diamond Path. The trail will be built when Diamond Path is constructed as a public street. The Park Dedication requirement will be satisfied through a cash contribution that must be paid with the final plat. The Park Dedication fee, as described in the approved Spirit of Brandtjen Farm Planned Unit Development, is calculated as follows: 48 units x $2,250.00 /unit = $108,000.00 Single - Family Dwelling Units Park Dedication Fee Rate Total The Developer has a $255,357.22 Park Dedication credit carried over from Spirit of Brandtjen Farm 9 Addition. The $108,000 Park Dedication requirement for Sprit of Brandtjen Farm 10 Addition will be applied to the existing Park Dedication credit. A new balance of $147,357.22 shall be applied to future phases of the Spirit of Brandtjen Farm development. The Park Dedication requirement has not been collected on Outlot B, Spirit of Brandtjen Farm 10 Addition and shall be paid (or credited) when the outlot develops. UTILITIES Sanitary Sewer Spirit of Brandtjen Farm 10 Addition is located within subdistrict NC -20070 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the residential development. Development of Spirit of Brandtjen Farm 10 Addition includes public sanitary sewer construction. 8 -inch and 10- sanitary sewer will be extended within the subdivision from an existing sanitary sewer stub to provide service to the lots. Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 5 of 10 The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must be paid with the final plat. The Sanitary Sewer Availability Charge is calculated as follows: 48 units x $307.00 /dwelling unit = $14,736.00 Single- Family Dwelling Units Sanitary Sewer Availability Charge Rate Total The Sanitary Sewer Availability Charge has not been collected on Outlot B, Spirit of Brandtjen Farm 10 Addition, and shall be paid at the time the outlot develops. Watermain Development of Spirit of Brandtjen Farm 10 Addition includes public watermain construction. 8 -inch watermain will be extended within the subdivision from an existing watermain stub to provide service to the lots. Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for buildings within Spirit of Brandtjen Farm 10 Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. Overhead Lines An existing overhead electric transmission line extends north of 170 Street, outside (east of) the parent parcel boundary. The overhead transmission line is not subject to Title 7 of the City Code and the City's Right -of -Way Management Policy and will not be buried with the development of Spirit of Brandtjen Farm 10 Addition. DRAINAGE AND GRADING Spirit of Brandtjen Farm 10 Addition is located within subdistrict NC -12 of the North Creek drainage district as identified in the City's Water Resources Management Plan. The site was mass graded with Spirit of Brandtjen Farm improvements. Development of Spirit of Brandtjen Farm 10 Addition includes the expansion of existing pond -1 located near the northwest corner of the site as was incorporated into the design of the Spirit of Brandtjen stormwater management system. Stormwater runoff generated from within the site will be conveyed via public storm sewer to either the expanded pond -1 or to existing basin -11 stormwater basin located near the southwest corner of the site before eventually discharging into the existing regional infiltration basin located within Outlot C, Spirit of Brandtjen Farm 6 Addition. Prior to City Council consideration, the Developer must submit legal descriptions that establish a temporary public drainage and utility easement across Outlot B, Spirit of Brandtjen Farm 10 Addition for the conveyance of the stormwater runoff. Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 6 of 10 The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot A to the City, consistent with City policy. The $13,310.00 credit is based on the size of Outlot A, is calculated at the rate of $5,500.00 per acre, and will be applied to the Spirit of Brandtjen Farm 10 Addition final plat cash fees. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all Tots with building footings placed on fill material are appropriately constructed. Building permits shall not be issued until an as -built certified grading plan has been submitted and approved by City staff. 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. RESIDENTIAL BUFFER YARD REQUIREMENTS A buffer yard berm and landscaping screen with a combined height of 10 feet will be provided adjacent to Diamond Path, as shown on the landscape plan approved with the Spirit of Brandtjen Farm 7 Addition preliminary plat. 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. STORM SEWER Development of Spirit of Brandtjen Farm 10 Addition includes public storm sewer construction. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right -of -way and Tots to public stormwater basins 1 and 11 located near the northwest and southwest corners of the site. Draintile construction is required in areas of non - granular soils within Spirit of Brandtjen Farm 10 Addition for the street sub -cuts 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 and must be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: Gross Area of Spirit of Brandtjen Farm 10 Addition 2,945,092 s.f. Less Area of Outlot A (Stormwater Basin) ( -) 105,485 s.f. Less Area of Outlot B (Future Development) ( -) 2,123,044s.f. Less Area of Diamond Path Right -of -Way ( -) 60,000 s.f. Total = 656,563 s.f. Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 7 of 10 656,563 s.f. Net Area of Spirit of Brandtjen Farm 10 Addition x $0.167/s.f. = $109,646.02 Area Charge Total The balance due the City for Trunk Storm Sewer Area Charge is calculated as follows: Trunk Storm Sewer Area Charge $109,646.02 Less Credit for Outlot A ( -) $13,310.00 Balance = $96,336.02 The Developer has a $158,967.64 Trunk Storm Sewer credit carried over from Spirit of Brandtjen Farm 7 Addition. The $96,336.02 Trunk Storm Sewer Area Charge for Sprit of Brandtjen Farm 10 Addition will be applied to the existing Trunk Storm Sewer credit. A new balance of $62,631.62 shall be applied to future phases of the Spirit of Brandtjen Farm development. The Trunk Storm Sewer Area Charge has not been collected on Outlot B, Spirit of Brandtjen Farm 10 Addition and shall be paid (or credited) at the time the outlot develops. WETLANDS There are no existing wetlands within the Spirit of Brandtjen Farm 10 Addition site. TREE PRESERVATION There are no significant trees within the Spirit of Brandtjen Farm 10 Addition site. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single rock construction entrance. • A seed and mulch specification that meets City requirements. • Inlet protection on all storm sewer structures. • Silt fence to protect offsite areas from sediment transport. • All 3:1 slopes will be seeded and stabilized with fiber blanket or sod. • The site will be re- vegetated within 48 hours of rough and final grading. • Temporary sediment basins are shown on the grading plan. • All streets shall be cleared of debris at the end of each day and maintained to provide safe driving conditions. Street sweeping shall be done weekly or more often as needed. Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 8 of 10 A concrete washout area must be identified in the field and constructed per City specifications. Erosion control blankets must be installed on all stormwater basin slopes that are disturbed during construction. Silt fence or sod (36" minimum width) must be installed behind the curb following the installation of the private utilities. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water District. All additional measures shall be installed and maintained by the Developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to Sprit of Brandtjen Farm 10 Addition. Construction costs are based upon estimates submitted by the Developer on August 31, 2012. CONSTRUCTION COSTS Sanitary Sewer $ 121,895.94 Watermain 186,670.93 Storm Sewer 156,768.47 Street Construction 396,292.88 Site Grading, Erosion Control, Restoration and Grading 30,000.00 Certification SUBTOTAL - CONSTRUCTION COSTS $ 891,628.22 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 %) Landscaping Street Lights Lot Corners /Iron Monuments SUBTOTAL - OTHER COSTS $ 53,497.69 22,290.71 4,458.14 62,413.98 4,458.14 40,000.00 9,900.00 5,000.00 $ 202,018.66 TOTAL PROJECT SECURITY $ 1,093,646.88 The streetlight security totals $9,900.00, which consists of seven post -top streetlights at $1,200.00 each and one mast arm street light at $1,500.00. The Developer shall post a security to ensure 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 $5,000.00. The City shall hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading, utility and street construction. Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 9 of 10 CASH FEES The cash fee for traffic control signs is $2,500.00, which consists of three street and stop signs, one street and stop sign with one "No Outlet" sign and two sets of four end - of -road object marker signs and one future street connection sign. 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 street light operating expenses shall be paid with the final plat and is calculated as follows: 48 units x $7.65 /unit/qtr. x 4 qtrs. = $1,468.80 Dwelling Units Street Light Operating Fee Total A cash fee for one -year of surface water management expenses shall be paid with the final plat and is calculated as follows: 48 units x $7.00/unit/qtr. x 4 qtrs. = $1,344.00 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 with the final plat and is calculated as follows: 50 lots and outlots x $75.00 /unit = $3,750.00 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 fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $26,748.85. CASH REQUIREMENTS Sanitary Sewer Availability Charge Traffic Control Signs Street Light Operating Fee Surface Water Management Fee City Base Map Updating Fee City Engineering Administration (3.00 %) TOTAL CASH REQUIREMENT NEW BALANCE OF DEVELOPER CREDITS Park Dedication Credit Trunk Storm Sewer Credit TOTAL DEVELOPER CREDITS * *TO BE APPLIED TO FUTURE PHASES'"' $ 14,736.00 2,500.00 1,468.80 1,344.00 3,750.00 26,748.85 $ 50,547.65 $ 147,357.22 62,631.62 $ 209,988.84 Spirit of Brandtjen Farm 10 Addition August 30, 2012 Page 10 of 10 RECOMMENDATION Engineering recommends approval of the preliminary plat, final plat, grading plan, erosion control plan and utility plan for Sprit of Brandtjen Farm 10 Addition, subject to the comments within this report and the following: Prior to City Council consideration: • The Developer must submit legal descriptions that establish a temporary public drainage and utility easement across Outlot B, Spirit of Brandtjen Farm 10 Addition for the conveyance of the stormwater runoff. • Prior to release of the final plat mylars, the Developer must submit a letter from the lending institution providing the letter of credit for Spirit of Brandtjen Farm stating that the letter of credit shall cover work done with the Spirit of Brandtjen Farm 10 Addition.