HomeMy WebLinkAboutItem 06.nLak�F!lIi
March 27, 2013
Item No.
APRIL 1, 2013 CITY COUNCIL MEETING
TULLAMORE 2ND ADDITION FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving
the final plat of Tullamore 2ND Addition.
Adoption of this motion will allow the development of 19 single family residential lots.
Overview
U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the second
phase final plat of Tullamore 2 nd Addition. The final plat includes 19 single family lots located
west of Pilot Knob Road (CSAH 31) and south of 165' Street. The preliminary plat of 148
single family lots was approved by the City Council on June 16, 2006. Due to overall
economic conditions in the housing market, the project did not move forward at that time.
Extensions to the preliminary plat have been approved annually by the City Council since
2006. Planning and Engineering Department staff recommend approval.
Primary Issue to Consider
Is the final plat of Tullamore 2 nd Addition consistent with the Tullamore preliminary plat? The
second phase final plat is consistent with the approved preliminary plat.
Supporting Information
• Resolution approving the Tullamore 2 nd Addition final plat.
• Signed development contract and Grant of Temporary Easement.
• Planning and engineering final plat reports dated March 15, 2013.
• Dakota County Plat Commission letter dated March 15, 2013.
Frank Dempsey, AIC1 Assoeiate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIR ERP, etc.): Subdivision and Zoning Ordinances
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF TULLAMORE 2 " ADDITION
WHEREAS, the owner of the property described as TULLAMORE 2 " ADDITION has
requested final plat approval; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. The TULLAMORE 2 " ADDITION final plat is approved subject to the
developer's execution of the development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 1 day of April 2013
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 1 st day of April 2013 as shown by the
minutes of said meeting in my possession.
Charlene Friedges
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
T ULLAMORE 2 ND ADDITION
CONTRACT dated , 2013, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation ( "City "), and U.S. HOME CORPORATION, a Delaware corporation,
d /b /a LENNAR (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Tullamore 2nd Addition (referred to in this Contract as the "plat'). The land is situated in the County of
Dakota, State of Minnesota, and is legally described as:
Outlot B, Tullamore 1 st Addition, Dakota County, Minnesota.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, and 3) the necessary insurance for the Developer and its construction
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contractors has been received by the City. In addition, the City will not issue a permit for more than one
structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges referred to in this Contract
are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for
future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are
final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, by May 4, 2015.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer's approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
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and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the
City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
1691690 3 ML - rullamore 2" Addition
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engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on -site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or its engineer shall schedule a pre- construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer's surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights -of -Way
B. MnDot for State Highway Access
C. MnDot for Work in Right -of -Way
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D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 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 grading
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operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City's current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
two model home permits on lots acceptable to the Building Official), the Developer shall provide the City
with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed "conservation
area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3 -5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on
file with the City and all erosion control measures are in place as determined by the City Engineer. The
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(U.S. Home Corporation)
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as -built certificate of survey for single family lots must
be submitted to verify that the final as -built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in -house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a
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(U.S. Home Corporation)
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City's in -house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated
construction cost.
19. REGIONAL STORMWATER BASIN. Tullamore 2n Addition is in Subdistrict NC -17 of the
North Creek drainage district of the City. The site flows southeasterly towards the intersection of 170
Street and Pilot Knob Road.
The proposed drainage improvements for Tullamore 2n Addition include storm sewer that
discharges to a temporary sedimentation basin proposed in Outlot B. The temporary sedimentation basin
discharges to the regional stormwater basin NC -17 -1 to the south that was constructed and sized to
serve this area as part of the Tullamore 1 Addition improvements. A temporary easement over the
temporary sedimentation basin and associated storm sewer improvements shall be provided and will
expire upon the recording of a final plat of a future phase of the development within Tullamore 2nd
Addition. No other stormwater improvements are proposed or required for Tullamore 2n Addition.
20. STORM SEWER. Tullamore 2n Addition includes the construction of a public storm
sewer system. The storm sewer will collect and convey runoff generated from the development to the
temporary sedimentation basin in Outlot B.
Trunk Storm Sewer Area Charge has not been collected on the parent parcel and shall be paid in
cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows:
1,867,424 s.f. - 1,530,222 s.f. x $0.167/s.f. _ $56,312.73
Gross Area of Area of Outlot B Area Charge Total
Tullamore 2n Addition (Future
Development)
21. SANITARY SEWER. Development of Tullamore 2n Addition includes the extension of
public sanitary sewer.
169169v1 8 LKVL;Tullamore 2" Addition
(U.S, Home Corporation)
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be
paid in cash at the time of final plat approval. The Sanitary Sewer Availability Charge is calculated as
follows:
19 units x $307.00 /dwelling unit = $5,833.00
Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total
22. CONSTRUCTION ACCESS. A single construction traffic access and egress for grading,
utility, and street construction is permitted at any one time. Construction access may be from 165
Street at English Path or Pilot Knob Road but shall not be used concurrently.
23. PARK DEDICATION, SIDEWALKS AND TRAILS. Five (5) foot wide concrete sidewalks
will be constructed at the Developer's expense on one side of all local streets within the development.
As a condition of the Tullamore 1S Addition final plat approval an eight (8) foot wide bituminous
trail will be constructed in 2013 from Enfield Trail northerly between the regional stormwater basin cells
and then along the north side of the regional stormwater basin and connect to Eventide Way in the
Fieldstone Creek Development. A portion of this trail abuts the south boundary of the plat for Tullamore
2nd Addition. This work is included in the development contract for Tullamore 1 St Addition.
The Park Dedication Fee has not been collected on the parent parcel and must be paid in cash at
the time of final plat approval. The Park Dedication Fee is based on the rate in effect at the time of final
plat approval and is calculated as follows:
19 units x $3,532.00 /dwelling unit = $67,108.00
Single - Family Dwelling Units Park Dedication Fee Rate Total
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic controls signs of $2,350.00 is due with Tullamore 2nd Addition, consisting of four stop /street signs
at $350.00 each; two end -of -road object marker signs and two future street connection signs at $450.00
each and one set of street blade signs for an existing sign at $50.00. If the street signs are installed
during frost conditions, the Developer shall pay an additional $150.00 for each street sign location.
A cash fee for one -year of streetlight operating expenses must be paid at the time of final plat
approval calculated as follows:
1691690 9 LKVL:Tullamore 2 " Addition
(U.S. Home Corporation)
19 dwelling units x $7.80 /unit/qtr. x 4 qtrs. _ $592.80
25. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface
water management expenses must be paid at the time of final plat approval calculated as follows:
19 dwelling units x $7.00 /unit/qtr. x 4 qtrs. _ $532.00
26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
bug infestation or weak bark. The minimum deciduous tree size shall be two and one -half (2 inches
caliper, balled and burlapped. Evergreen trees must be at least eight feet (8') tall. The trees may not be
planted in the right -of -way. The Developer or lot purchaser shall sod the front yard, boulevard, and side
yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50 %) of the security will be released when all the landscaping has been installed and inspected by City
staff and the remaining fifty percent (50 %) will be released one year after the landscaping inspection and
any warranty work has been completed.
27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the March 15, 2013, engineering report.
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B. The Developer must obtain a sign permit from the City Planning Department prior to installation
of any subdivision identification signs for the Tullamore 2" Addition development. Any signs
must be in compliance with the City zoning ordinance. A homeowners' association must own
and maintain any subdivision identification signs.
C. Before the City signs the final plat, the Developer must provide the City with a signed temporary
easement for the sedimentation basin and associated storm sewer improvements within Outlot
B, Tullamore 2 nd Addition, in recordable form.
D. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $2,100.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 21
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.
E. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $75.00 per unit for a total charge of $1,575.00.
F. A Future Street Extension sign and barricades must be placed at the east end of Falkirk Trail
until the street is extended with a future development phase.
G. 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 $3,600.00 and consists of four decorative streetlights at $900.00 each.
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H. 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.
28. 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 $603,701.72, plus a cash fee of $15,399.19 for City
engineering administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer
$
60,942.00
B. Watermain
90,709.00
C. Storm Sewer
42,799.50
D. Street Construction
142,334.50
E. Erosion Control, Restoration and Grading Certification
176.521.20
SUBTOTAL — CONSTRUCTION COSTS
$
513,306.20
OTHER COSTS:
A. Developer's Design (6.0 %)
$
30,798.37
B. Developer's Construction Survey (2.5 %)
12,832.66
C. City Legal Expenses (Est. 0.5 %)
2,566.53
D. City Construction Observation (Est. 7.0 %)
35,931.43
E. Developer's Record Drawings (0.5 %)
2,566.53
F. Lot Corners
2,100.00
G. Street Lights
3,600.00
SUBTOTAL OTHER COSTS
$
90,395.52
TOTAL SECURITIES:
$
603,701.72
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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 (1.0 %) 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.
29. 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. Park Dedication Fee
B. Sanitary Sewer Availability Charge
C. Trunk Storm Sewer Area Charge
D. Street Signs
E. Street Light Operating Fee
F. Surface Water Management Fee
G. City Base Map Updating
H. City Engineering Administration (3.00 %)
Subtotal CASH REQUIREMENTS
Credits to the Cash Requirements:
Escrow # 8297
SUBTOTAL CREDITS TO CASH REQUIREMENTS
TOTAL CASH REQUIREMENTS
1691690 13
$ 67,108.00
5,833.00
56,312.73
2,350.00
592.80
532.00
1,575.00
15.399.19
$ 149,702.72
$ 2.500.00
$ 2,500.00
$ 147,202.72
LKVL:Tullamore 2 "d Addition
(U.S. Home Corporation)
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
31. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
1691690 14 LKVL:Tullamore 2' Addition
(U.S. Home Corporation)
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.
32. 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.
33. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
169169v1 15 LKVL:Tullamore 2 nd Addition
(U.S. Home Corporation)
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 two model homes on lots acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning
ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. The
Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and /or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
1691690 16 LKVL:Tullamore 2' Addition
(U.S, Home Corporation)
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. The Developer and contractor shall acquire public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise out
of the Developer's work or the work of their subcontractors or by one directly or indirectly
employed by any of them. The insurance must be maintained until six (6) months after the City
has accepted the public improvements. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall
be not less than $200,000 for each occurrence; or a combination single limit policy of
$1,000,000 or more. The City shall be named as an additional insured on the policy on a
primary and noncontributory basis, and the Developer and contractor shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that
the City must be given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the City Council,
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
1691690 17 LKVL:Tullamore 2 nd Addition
(U.S. Home Corporation)
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
34. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16305 36` Avenue N., Suite 600, Plymouth, Minnesota 55446. Notices to the City
shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by
certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195
Holyoke Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
1691690 18 LKVL:Tullamore 2 nd Addition
(U.S. Home Corporation)
CITY OF LAKEVILLE
(SEAL)
L�
Matt Little, Mayor
STATE OF MINNESOTA )
( SS.
COUNTY OF DAKOTA )
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2013, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
NOTARY PUBLIC
AND
1691690 19 LKVL:Tullamore 2 ntl Addition
(U.S. Home Corporation)
DEVELOPER:
U.S. HOME CORPORATION
d /b /a LENNAR
M
STATE OF MINNESOTA )
knun ( sS.
COUNTY OF D*Kl- )
The foregoing instr ment was acknowledged before a this 'qj S � day of YL ,
2013, by 'i the I of
U.S. Home r -ration, a belaware corporation, d /b /a Lennar, on A behalf.
CAROLE TOOHEY
Notary Public NO PUBL
State of Minnesota
\'Y 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
RNK:cjh
1691690 20 LKVL:Tullamore 2 ntl Addition
(U.S. Home Corporation)
(reserved for recording information)
GRANT OF TEMPORARY EASEMENT
U.S. HOME CORPORATION, a Delaware corporation, referred to herein as "Grantor ",
in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a municipal corporation organized and existing under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a
temporary easement for public sedimentation basin discharges and associated storm sewer purposes
over, across, on, under, and through land situated within the County of Dakota, State of Minnesota,
legally described as Outlot B, Tullamore 2" d Addition, according to the recorded plat thereof,
Dakota County, Minnesota ( "Easement Premises ").
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and will expire upon the recording of the final plat of
a future phase of the development within the Easement Premises, together with the right of ingress
to and egress from the property, for the purpose of constructing, reconstructing, inspecting,
repairing, and maintaining the property of the City, at the will of the City, its successors and assigns;
it being the intention hereto that the Grantor hereby grants the uses herein specified without
169360v1
divesting itself of the right to use and enjoy the above described temporary easement premises,
subject only to the right of the City to use the same for the purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any restoration or
replacement costs or damages resulting from the construction and maintenance of the easement
premises. It is further understood that vegetation may be removed and that excavation will occur on
the easement premises.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easements to the City; that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of , 2013.
Remainder of Page Intentionally Left Blank.]
169360v1 2
GRANTOR:
U.S. HOME CORPORATION
By:
5:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument as ac noydedged before me this OZI -' -' day of
�6-" , 2013, by the
of U,S. Home Corporation, a Delaware
corporation, 8n its behalf.
p51HL5' }9l CAROLE TOOHEY _ --
�° Notary Public Notary Public
State of Minnesota
3 My Commission Expires
January 31 , 2017
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651 -452 -5000
RNK1cjh
169360vl 3
City of Lakeville
Planning Department
Lakeville
Memorandum
To: Daryl Morey, Planning Director
From: Frank Dempsey, AICP
Associate Planner
Date: March 15, 2013
Subject: Tullamore 2 Addition Final Plat
INTRODUCTION
U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the final plat
of Tullamore 2nd Addition which includes 19 single family lots located west of Pilot Knob Road
(CSAH 31) and north of 170th Street. The Tullamore preliminary plat of 148 single family lots
was approved by the City Council on June 16, 2006. The City Council approved the final plat
of Tulllamore 1st Addition (52 lots) on May 21, 2012. The lot, block and street design of the
Tullamore 2 Addition final plat is consistent with the approved preliminary plat. The final
plat plans have been reviewed by the Engineering and Parks and Recreation staff.
EXHIBITS
A. Location and Zoning Map (2 Pages)
B. Approved Preliminary Plat
C. Final Plat and Area Sketch (3 Pages)
D. Final Plat Cover Sheet
E. Grading and Erosion Control Plans (2 Pages)
PLANNING ANALYSIS
Zoning. The zoning of the property is RS -3, Single Family Residential District.
Existing Conditions. The Tullamore 2 nd Addition final plat proposes 19 single family lots
within 42.7 acre Outlot B, Tullamore 1St Addition.
Lot Area. Single family lots within the RS -3 District are required to provide a minimum lot
area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The area of
the lots meet the minimum square footage required.
Lot Width. The minimum lot width for single - family lots within the RS -3 District is 85 feet for
interior lots and 100 feet for corner lots. All lots meet the minimum lot width requirement.
Lot Depth. There are no lots in this final plat that abut a major collector or arterial road.
Setbacks. Setback requirements for single family lots in the RS -3 District are outlined below:
Setback 30' 10' 20' 30'
The proposed building pads meet the minimum setback requirements for interior and corner
lots.
Development Density. The Tullamore 2 nd Addition final plat consists of 19 single family lots
on 42.87 acres. This results in a gross density of 0.44 units per acre. The net density,
excluding road right -of -way and outlots is 3.29 units per acre.
Phasing. Tullamore 2 nd Addition is the second phase of the 148 lot Tullamore preliminary
plat. Seventy -seven (77) single family lots will remain to be final platted with future
development phases.
Outlots. There are two outlots proposed with the Tullamore 2 nd Addition final plat.
Outlot A is 0.07 acres in area and will be retained by the developer for a subdivision
identification monument sign at the intersection of 165th Street and Pilot Knob Road
(CSAH 31).
Outlot B is 35.13 acres in area and will be retained by the developer for future single
family residential lots.
2
Access. Tullamore 2 " Addition will have access from Falkirk Trail and Eventide Way from the
west through the Fieldstone Creek neighborhood and from 165th Street to the north. Access
from the east will be made available via 166th Street with the future development of Outlot B.
Streets & Right -of -Way. Tullamore 2 " Addition will include the construction of English Path,
Eventide Way and Falkirk Trail.
English Path is a local street will connect 165 Street and Falkirk Trail. English Path will be a 32
foot wide street within a 60 foot wide right -of -way with a sidewalk on the west side of the
street.
Eventide Way is a local street that will be extended from the Fieldstone Creek neighborhood
to connect with English Path. Eventide Way will be 32 feet wide within a 60 foot wide right -
of -way with a sidewalk on the north side of the street.
Falkirk Trail is a local street in the City's Transportation Plan with 60 feet of right -of -way and a
32 foot wide pavement section. Falkirk Trail will be extended from the Fieldstone Creek
neighborhood to connect with English Path. Falkirk Trail will be extended to the east to
intersect with Pilot Knob Road when Outlot B develops. Sidewalk will be constructed on the
north side of Falkirk Trail.
Tullamore 2 " Addition abuts 165 Street, which is identified as a minor collector in the City's
Transportation Plan. Right -of -way was previously dedicated for 66 feet of right -of -way and a
36 foot wide pavement section. 165th Street was constructed by DR Horton as part of the
Fieldstone Creek development.
Pilot Knob Road (CSAH 31) is identified as a high density minor arterial in the City's
Transportation Plan. Because Outlots A and B of the final plat are adjacent to CSAH 31, the
final plat was forwarded to the Dakota County Plat Commission. A copy of the Plat
Commission's letter dated March 15, 2013 is attached to this report.
Trails. An eight foot wide bituminous pedestrian trail will be constructed between Tullamore
1St Addition and Fieldstone Creek which will also allow a bicycle and pedestrian connection
between Tullamore 1St and 2 nd Additions as well as the neighborhood park located west of
Fieldstone Creek.
Park Dedication. There is no park area identified for the Tullamore development in the Parks,
Trails and Open Space Plan. As such, the developer will pay a cash fee in lieu of land to satisfy
the park dedication requirement for the Tullamore 2 " Addition plat.
The park dedication fee is calculated as follows:
19 units x $3,532 per dwelling unit = $ 67,108.00
3
The park dedication fee shall be submitted to the City prior to release of the final plat mylars.
Tree Preservation. The Tullamore 2 nd Addition does not require tree preservation as there
are no significant trees within the boundaries of the final plat.
Wetlands. There are no wetlands within the Tullarmore 2 nd Addition final plat.
Grading, Drainage and Erosion Control. The final plat includes grading, drainage and
erosion control plans. Grading, drainage and erosion control is discussed in detail in the
March 15, 2013 engineering report prepared by Tom Kellogg, WSB & Associates.
Subdivision Identification Sign. The developer is proposing the installation of a subdivision
identification monument sign within the Tullamore 2 nd Addition final plat. The sign will be
placed in Outlot A adjacent to 165th Street and Pilot Knob Road (CSAH 31). Construction,
placement and management of the sign shall be in compliance with the requirements of the
Zoning Ordinance. A homeowner's association is required to maintain the sign. A sign permit
is required by the City prior to installation of the sign.
RECOMMENDATION
The Tullamore 2 nd Addition final plat is consistent with the approved preliminary plat and
complies with the requirements of the Zoning and Subdivision Ordinances. Planning
Department staff recommends approval of the Tullamore 2 nd Addition final plat subject to the
following conditions:
1. The recommendations listed in the March 15, 2013 engineering report.
2. Five foot wide concrete sidewalks shall be constructed at the developer's expense as
shown on the approval final plat plans.
3. A sign permit must be approved by the City prior to installation of the subdivision
identification sign within Outlot A.
cc: Zach Johnson, City Engineer
Joel Jablonski, U.S Homes Corporation
Nick Poalta, Pioneer Engineering
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Lakeville
Memorandum
To: Frank Dempsey, Associate Planner
From: Tom Kellogg, WSB & Associates
McKenzie L. Cafferty, Environmental Resources Manager
Copy: Zachary V. Johnson, City Engineer
Dennis Feller, Finance Director
Gene Abbott, Building Official
Brett Altergott, Parks and Recreation Director
Date: March 15, 2013
Subject: Tullamore 2nd Addition Final Plat
• Final Plat Review
• Final Grading Plan Review
• Final Utility Plan Review
• Final Erosion Control Plan Review
City of Lakeville
Engineering
BACKGROUND
U.S. Home Corporation, d /b /a Lennar, has submitted a final plat named Tullamore 2nd
Addition. The parent parcels are zoned for residential use (RS -3). The proposed single
family residential development is located west of Pilot Knob Road (CSAH 31); south of and
adjacent to 165th Street, and east of Eventide Way.
The plat consists of nineteen single family lots within four blocks and two outlots on 42.87
acres. The outlots will have the following uses:
Outlot A: Subdivision Identification Sign (0.07 acres)
(To be Retained by the Developer)
Outlot B: Future Residential Development (35.13 acres)
(To be Retained by the Developer)
Development of the site includes the construction of public roadways, sidewalks, trails,
sanitary sewer, watermain, storm sewer, a temporary sedimentation basin, and associated
grading. The proposed development will be completed by:
TULLAMORE 2 "D ADDITION
FINAL PLAT
MARCH 15, 2013
PAGE 2 OF 8
Developer:
Engineer and Surveyor:
U.S. Home Corporation, d /b /a Lennar
Pioneer Engineering
SITE CONDITIONS
Tullamore 2 nd Addition is located on relatively flat land that slopes from the northwest to
the southeast. There are no wetlands on the site. The sanitary sewer to serve this site was
installed as part of the Tullamore 1st Addition site improvements. The temporary cul -de-
sac at the end of Eventide Way will be removed as a part of the site improvements.
STREET AND SUBDIVISION LAYOUT
English Path:
Development of Tullamore 2 nd Addition includes the construction of English Path, a local
street that connects 167 Street and 165th Street. English Path is designed as a 32 foot
wide, two -lane urban street with a 5 -foot concrete sidewalk along the west side of the
road. The developer is dedicating 60 feet of right -of -way.
Eventide Way
Development of Tullamore 2 nd Addition includes the construction of Enfield Way which is
a looped local street. Eventide Way is designed as a 32 -foot wide, two -lane urban street
with a 5 -foot concrete sidewalk along the north side of the road. The Developer is
dedicating 60 feet of right -of -way.
There is an existing temporary turnaround at the east end of Eventide Way. The
temporary turnaround will be removed as part of the Eventide Way extension to English
Path. Escrow #8297 in the amount of $2,500.00 submitted with the Fieldstone Creek 6th
Addition plat for the removal of the temporary turnaround will be released upon final plat
approval for Tullamore 2 nd Addition. The temporary turnaround easement expires upon
final plat approval for Tullamore 2 nd Addition.
Falkirk Trail
Development of Tullamore 2 nd Addition includes the construction of Falkirk Trail, a local
street that will be extended from the adjacent Fieldstone Creek subdivision to intersect
with English Path. Falkirk Trail is designed as a 32 -foot wide, two -lane urban street with a
5 -foot concrete sidewalk along the north side. The Developer is dedicating 60 feet of
right -of -way. A "Future Street Extension" sign and barricades must be placed at the east
end of Falkirk Trail until the street is extended with a future development phase. The City
reserves the right to increase the street sections at the time of construction based upon
site conditions.
TULLAMORE 2 "D ADDITION
FINAL PLAT
MARCH 15, 2013
PAGE 3OF8
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility, and street construction is
restricted to 165th Street and English Path.
PARKS AND TRAILS
Five -foot concrete sidewalks will be constructed at the developer's expense on one side of
all local streets.
As a condition of the Tullamore 1st Addition final plat approval an eight foot wide
bituminous trail will be constructed in 2013 from Enfield Trail northerly between the
regional stormwater basin cells and then along the north side of the regional stormwater
basin and connect to Eventide Way in the Fieldstone Creek Development. A portion of
this trail abuts the south boundary of the plat for Tullamore 2 nd Addition. This work is
included in the development contract for Tullamore 1 st Addition.
The Park Dedication Fee has not been collected on the parent parcel and shall be paid in
cash at the time of final plat approval. The Park Dedication Fee is based on the rate in
effect at the time of final plat approval and is calculated as follows:
19 units x $3,532.00 /dwelling unit = $ 67,108.00
Single - Family Dwelling Units Park Dedication Fee Rate Total
UTILITIES
SANITARY SEWER
Tullamore 2 nd Addition is located within subdistrict NC -20040 of the North Creek sanitary
sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater
will be conveyed via existing trunk sanitary sewer to the MCES Apple Valley Central
Interceptor and continue to the Empire Wastewater Treatment Facility. The downstream
facilities have sufficient capacity to serve the proposed residential subdivision.
Development of Tullamore 2 nd Addition includes the extension of public sanitary sewer.
8 -inch sanitary sewer has been extended through the subdivision from Tullamore 1 It
Addition along English Path. Sanitary sewer will be constructed from the existing main in
English Path westerly along Eventide Way and Falkirk Trail to serve lots in Blocks 1, 3, and
4, Tullamore 2 nd Addition. Sanitary sewer stubs will be extended from English Path easterly
on 166th Street and Falkirk Trail to serve the future development of Outlot B.
The proposed sanitary sewer layout is in accordance with the City's Comprehensive
Sanitary Sewer Plan. Final locations and sizes of all sanitary sewer will be reviewed by City
Staff with the final construction plans.
TULLAMORE 2 "D ADDITION
FINAL PLAT
MARCH 15, 2013
PAGE 4 OF 8
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and
shall be paid in cash at the time of final plat approval. The Sanitary Sewer Availability
Charge is calculated as follows:
19 units x $307.00 /dwelling unit = $ 5,833.00
Single - Family Dwelling Units Sanitary Sewer Availability Charge Rate Total
WATERMAIN
The Comprehensive Water Plan does not identify any additional trunk watermain at the
plat location.
Development of Tullamore 2 nd Addition includes the extension of public watermain. 8-
inch watermain will be extended within the subdivision from 165th Street and will connect
to existing stubs at Eventide Way and Falkirk Trail to complete a looped system. The
watermain will be stubbed easterly on 166th Street and Falkirk Trail to serve the future
development of Outlot B.
The watermain and sanitary sewer system will be fully reviewed in detail with the final plat
and construction plan review.
DRAINAGE AND GRADING
Tullamore 2 nd Addition is in Subdistrict NC - 17 of the North Creek drainage district of the
City. The site flows southeasterly towards the intersection of 170th Street and Pilot Knob
Road.
The proposed drainage improvements for Tullamore 2 nd Addition include storm sewer
that discharges to a temporary sedimentation basin proposed in Outlot B. The temporary
sedimentation basin discharges to the regional stormwater basin NC -17 -1 to the south
that was constructed and sized to serve this area as part of the Tullamore 1st Addition
improvements. A temporary easement over the temporary sedimentation basin and
associated storm sewer improvements shall be provided and will expire upon final plat
approval for a future phase. No other stormwater improvements are proposed or required
for Tullamore 2 nd Addition.
The final grading plan must identify all fill lots in which the building footings will be
placed on fill material. The grading specifications must also indicate that all
embankments meet FHA /HUD 79G specifications. The developer must certify to the City
that all lots with footings placed on fill material are appropriately constructed. Building
permits for Tullamore 2 nd Addition will not be issued until a certified grading plan has
been submitted and approved.
TULLAMORE 2 " D ADDITION
FINAL PLAT
MARCH 15, 2013
PAGE 5 OF 8
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.
STORM SEWER
Tullamore 2 nd Addition includes the construction of a public storm sewer system. The
storm sewer will collect and convey runoff generated from the development to the
temporary sedimentation basin in Outlot B.
Final storm sewer locations and sizes will be reviewed by City Staff with the final
construction plans. Draintile construction is required in areas of non - granular soils within
Tullamore 2 nd Addition for the street sub -cut and lots. Any additional draintile
construction, including perimeter draintile required for building footings, which is
deemed necessary during construction, shall be the Developer's responsibility to install
and finance.
Trunk Storm Sewer Area Charge has not been collected on the parent parcels and shall be
paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is
calculated as follows:
1,867,424 s.f. - 1,530,222 s.f. x $0.167/s.f. _ $56,312.73
Gross Area of Area of Outlot B (Future Area Charge Total
Tullamore 2n Addition Development)
WETLANDS
There are no wetlands on the Tullamore 2 nd Addition site.
TREE PRESERVATION
Tree removals, preservation and securities for this site were reviewed with the Tullamore
1 st final plat. There are no trees on the site.
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single rock construction entrance is indicated on the erosion control notes.
• A seed /mulch specification that meets City requirements. Erosion control blanket
on all basin slopes.
• All 3:1 slopes seeded and stabilized with fiber blanket.
TULLAMORE 2 " D ADDITION
FINAL PLAT
MARCH 15, 2013
PAGE 6 OF 8
• Phased construction to minimize soil loss.
• Inlet protection is included in the plans. Wimco Road Drain or equivalent will be
used on all street catch basins and Royal Infra -safe or equivalent will be used for all
rear lot catch basins.
• The NPDES requirements are included in the plan set.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water Conservation District.
Additional measures shall be installed and maintained by the developer. The streets must
be cleared of debris at the end of each day. Street sweeping must be done weekly or
more often as needed. All streets must be maintained to provide safe driving conditions.
SECURITIES
The developer shall provide a cash escrow or Letter of Credit as security for the developer -
installed improvements relating to Tullamore 2 nd Addition. The construction costs are
based upon estimates submitted by the Developer's Engineer on January 30, 2013.
CONSTRUCTION COSTS
Sanitary Sewer
Watermain
Storm Sewer
Street Construction
Erosion Control, Restoration and Grading Certification
SUBTOTAL - CONSTRUCTION COSTS
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 %)
Lot Corners
Streetlights
SUBTOTAL - OTHER COSTS
$ 60,942.00
90,709.00
42,799.50
142,334.50
176,521.20
$ 513,306.20
$ 30,798.37
12,832.66
2,566.53
35,931.43
2,566.53
2,100.00
3,600.00
$ 90,395.52
TOTAL PROJECT SECURITIES $ 603,701.72
The Developer shall post a security to insure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot and outlot for a total of
$2,100.00. The City shall hold this security until the Developer's Land Surveyor certifies
that all irons have been placed following site grading, street and utility construction.
TULLAMORE 2 " ADDITION
FINAL PLAT
MARCH 15, 2013
PAGE 7 OF 8
The streetlight security totals $3,600.00, which consists of four decorative streetlights at
$900.00 each.
GASH FEES
The Park Dedication Fee for Tullamore 2 "d Addition is $67,108.00.
A cash fee for traffic control signs is due with this addition. Street signing consists of four
stop /street signs at $350.00 each, two end -of -road object marker signs and two future
street connection signs at $450.00 each and one set of street blade signs for an existing
sign at $50.00 for a total of $2,350.00. If the street signs are installed during frost
conditions, the developer shall pay an additional $150.00 for each street sign location.
A cash fee for one -year of streetlight operating expenses shall be paid at the time of final
plat approval and is calculated as follows:
19 units x $7.80 /unit /qtr. x 4 gtrs. =$592.80
Dwelling Units Streetlight Operating Fee Total
A cash fee for one -year of surface water management expenses shall be paid at the time
of final plat approval and is calculated as follows:
19 units x $7.00 /unit /qtr. x 4 qtrs. = $ 532.00
Dwelling Units Surface Water Management Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
21 units x $75.00 /unit = $ 1,575.00
Lots /Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic
format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall also pay a cash fee for City Engineering Administration. The
Developer has elected to provide a Letter of Credit as security for the Developer - installed
improvements. The fee for City Engineering Administration will be based on three
percent (3.00 %) of the estimated construction cost, or $15,399.19.
TULLAMORE 2 "D ADDITION
FINAL PLAT
MARCH 15, 2013
PAGE 8 OF 8
CASH REQUIREMENTS
Park Dedication Fee $67,108.00
Sanitary Sewer Availability Charge 5,833.00
Trunk Storm Sewer Area Charge 56,312.73
Street Signs 2,350.00
Streetlight Operating Fee 592.80
Surface Water Management Fee 532.00
City Base Map Updating Fee 1,575.00
City Engineering Administration (3.00 %) 15,399.19
SUBTOTAL - CASH REQUIREMENTS $ 149,702.72
CREDITS TO THE CASH REQUIREMENTS
Escrow # 8297 $2,500.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 2,500.00
TOTAL CASH REQUIREMENT $147,202.72
RECOMMENDATION
Engineering recommends approval of the easement vacation, final plat, tree preservation
plan, final grading plan, and utility plan for Tullamore 2 " Addition, subject to the
comments within this report and the following stipulation:
• The Developer must provide a temporary easement for the sedimentation basin
and associated storm sewer improvements within Outlot B.
Dakota County Surveyor's Office
Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124
952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us
March 15, 2013
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: TULLAMORE 2 "D ADDITION
The Dakota County Plat Commission met on March 11, 2013, to consider the final plan of the above
referenced plat. The plat is adjacent to CSAH 31, and is therefore subject to the Dakota County
Contiguous Plat Ordinance.
The final plat includes 19 single family residential lots and two outlots. Outlot A is planned to be
retained by the developer for a development monument sign, which was relocated to 165 Street from
the prior location at Falkirk Drive. According to the Pilot Knob Study, the intersection at CSAH 31 and
165 Street is planned to be either a full access or Y44 - access. It is possible that, should the intersection
become a % access in the future, it could affect this sign.
There is an existing highway easement doc. 466824 that includes language regarding signs or billboards
or advertising devices to be constructed no closer than 150 feet from the section line. If the
development sign is constructed within the 150 feet, which it appears it will be, a permit is required. It
was noted that although a permit may be required by Dakota County for the construction of a
development sign, it will be allowed to be constructed within the 150 feet area. The Plat Commission
understands that the sign monument is a 15 -foot setback from the CSAH 31 right of way. However, the
Plat Commission recommends that the sign be constructed farther than the 15 -foot setback to minimize
or eliminate impacts to the sign if a % - intersection is constructed at 165 Street in the future.
Restricted access is shown along Outlot A only. Outlot B will be restricted in the future after the 4 -
intersection design at Falkirk Drive and CSAH 31.
The Plat Commission has approved the final plat provided that the described conditions are met and will
recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar
form. Mylars should be submitted to the County Board within one year of the Plat Commission's final
approval.
Traffic volumes on CSAH 31 are 23,200 and are anticipated to be 47,000 ADT by the year 2030. These
traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded
for the proposed plat. Residential developments along County highways commonly result in noise
complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential
units, substantial building setbacks, buffer areas, and other noise mitigation elements should be
incorporated into this development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder's Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. The Plat Commission highly
recommends early contact with the Transportation Department to discuss the permitting process that
reviews the design and may require construction of highway improvements, including, but not limited
to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact
Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat
Commission or Plat Ordinance questions at (952) 891 -7070.
Sincerely,
d
17 z -
Todd B. Tollefson
Secretary, Plat Commission
cc: Carole Toohey; Lennar