HomeMy WebLinkAboutItem 06.hSeptember 12, 2013 Item No.
SPIRIT OF BRANDTJEN FARM 12 ADDITION
SEPTEMBER 16, 2013 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a resolution
approving the Spirit of Brandtjen Farm 12th Addition final plat, and 2) a resolution designating
"No Parking" areas.
Passage of this motion will result in the development of 29 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) 12th Addition final plat of 29 single family lots.
The SBF 12th Addition final plat represents the first development phase of the SBF 12th
Addition preliminary plat of 52 single family lots approved on August 19, 2013. In
conjunction with the SBF 12th 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.
Planning and engineering staff recommend approval of the SBF 12th Addition final plat.
Primary Issues to Consider
• What easements are being granted in conjunction with the SBF 12th Addition final plat?
Supporting Information
• Staff analysis of issues
• Resolutions approving the final plat and designating "No Parking" areas
• Signed development contract, warranty deed, and grants of easements
• Final plat
• August 30th planning report and September 4th engineering report
• August 29 Dakota County Plat Commission letter
Daryl Moky, Planni
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 12th Addition final plat?
A temporary blanket easement for drainage and utility purposes is being established over
Outlot C, SBF 12 Addition (future development area) and Outlot DD, SBF until these outlots
are final platted into lots and blocks. In addition, the City is granting on easement over Outlot
A (public trail) to allow the SBF HOA to construct and maintain 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 FINAL PLAT OF
SPIRIT OF BRANDTJEN FARM 12 ADDITION
WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 12
Addition has requested 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 final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Spirit of Brandtjen Farm 12 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 16 day of September, 2013.
CITY OF LAKEVILLE
C:W
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 16 day of September, 2013, as shown by
the minutes of said meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO:
RESOLUTION DESIGNATING "NO PARKING" AREAS
ON EQUESTRIAN TRAIL AND ENVOY WAY
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 Equestrian Trail and Envoy Way in Spirit of Brandtjen
Farm 12 Addition will be constructed to allow a single traffic lane in each direction with
parking on one side only consistent with the approved street sections in the Spirit of
Brandtjen Farm planned unit development, and
WHEREAS, establishing "No Parking" areas on Equestrian Trail and Envoy Way
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 south and east sides of
Equestrian Trail and the north and west sides of Envoy Way shall be designated "No
Parking" anytime.
DATED this 16 day of September, 2013.
CITY OF LAKEVILLE
By:
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
SPIRIT OF BRANDTJEN FARM
12THADDITION
AGREEMENT dated , 2013, 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 12TH 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 12th 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 ").
172264A 1 SPIRIT OF BRANDTJEN FARM 12TH ADD.
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
172264A 2 SKUT of BRANDTJEN FAxm 12TH ADD.
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
1722644 3 SPHUT OF BRANDUEN FARM 12TH ADD.
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
172264v4 4 SPIRIT of BRANDTJEN FARM 12TH ADD.
• 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
• State and Federal (Army Corps of Engineers) permits for impact to wetlands
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
1722640 5 SPUUT of BRANDTJEN FARM 12TH ADD.
as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current
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 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 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.
1722644 6 SPIRIT of BR4NDUEN FARm 12TH ADD.
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 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
172264v4 7 SPIRIT OF BRANDUEN FARM 12TH ADD.
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 12th 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 the public stormwater basin in
Outlot B and the temporary sedimentation basin in Outlot C of the plat.
The trunk storm sewer area charge for Spirit of Brandtjen Farm 12th 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 12 Addition
Less Area of Outlot A (Public Trail Purposes)
Less Area of Outlot B (Public Stormwater Basins)
Less Area of Outlot C (Future Residential Dev.)
Less Area of Pilot Knob Road Right of Way
Total
1,086,945 s.f.
3,007 s.f.
48,903 s.f.
630,125 s.f.
19,200 s.f.
385,710 s.f.
385,710 s.f. x $0.167/s.f. _ $64,413.57
Net Area of Spirit of Brandtjen Area Charge
Farm 12 Addition
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot B to
the City, consistent with City policy. The $6,160.00 credit is based on the size of Outlot B (1.12 acres), is
calculated at the rate of $5,500.00 per acre, and will be applied to the Spirit of Brandtjen Farm 12th
Addition final plat fees.
The balance due the City for trunk storm sewer area charge is calculated as follows:
Trunk Storm Sewer Area Charge
Less Trunk Storm Sewer Area Charge credit from
Spirit of Brandtjen Farm 10 Addition
Less Credit for Outlot B
Balance (credit)
$64,413.57
( -) $62,631.62
H $ 6.160.00
_ (4,348.05)
1722644 $ SPIRIT OF BR4NDTJEN FARM 12TH ADD.
The Developer has a $62,631.62 trunk storm sewer credit carried over from Spirit of Brandtjen
Farm 10 Addition. The trunk storm sewer area charge for Spirit of Brandtjen Farm 12 Addition will be
applied to the existing trunk storm sewer credit.
The $4,348.05 Trunk Storm Sewer Area Charge credit shall be carried forward towards future
phases.
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 12th Addition includes public
sanitary sewer construction. 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:
29 lots x $307.00 /lot =
Single - Family lots Sanitary Sewer Availability Charge /lot
$8,903.00
Total
The sanitary sewer availability charge has not been collected on Outlot C, Spirit of Brandtjen Farm
12 Addition and shall be paid at the time the outlot develops.
21. WATERMAIN. Development of Spirit of Brandtjen Farm 12th Addition includes public
watermain construction. Eight inch and twelve inch watermain will be extended within the subdivision from
an existing watermain stub to provide service to the lots within Spirit of Brandtjen Farm 12th Addition. The
Developer will be credited the oversizing cost between the 8 -inch and 12 -inch watermain. The credit due
the Developer for the 12 -inch trunk watermain is $14,030.00 based upon the cost estimate provided by the
Developer on August 23, 2013.
The lateral watermain access charge for the watermain along Pilot Knob Road has not been
collected on the parent parcel and will be paid with the final plat. The charge is calculated as follows:
483.82 x $39.00 = $18,868.98
Front Footage along Pilot Knob Rd. Charge per foot Total
The remaining lateral watermain access charge will be collected for Outlot C at the time it develops.
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
172264v4 9 SMIT of BRANDUEN FARm 12TH ADD.
buildings within Spirit of Brandtjen Farm 12 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 Equestrian Trail from Pilot Knob Road.
23. PARK DEDICATION, TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen
Farm 12th Addition includes the construction of a 5 -foot wide concrete sidewalk along both sides of the
two public streets within the development and a trail through Outlot A between Pilot Knob Road and East
Community Park. The City's Parks, Trails and Open Space Plan does not designate any area within
Spirit of Brandtjen Farm 12 Addition as future park land.
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:
29 units x $2,250.00/ unit = $65,250.00
Single - Family Dwelling Units Park Dedication Fee Rate Total
The Developer has a park dedication credit of $147,357.22 carried over from Spirit of Brandtjen
Farm 10 Addition. Applying this credit to the park dedication requirement for the Spirit of Brandtjen Farm
12 Addition results in no cash requirements and a credit balance of $82,107.22 to be applied to future
phases of the Spirit of Brandtjen Farm development.
The park dedication requirement has not been collected on Outlot C, Spirit of Brandtjen Farm 12
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 is $2,215.00 which includes three street/stop combination signs, two future through
street signs and eight 9- button delineator signs. If the street posts are installed in frost conditions, the
Developer will pay an additional $150.00 at each street post location.
A cash fee for street lights in the amount of $4,800.00 must be paid at the time of final plat
approval, which includes four post -top street lights at $1,200.00 each.
172264v4 10 SPIMT OF BRANDTJEN FARm 12TH ADD.
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:
29 dwelling units x $7.80 /unit/qtr. x 4 qtrs. = $904.80
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:
29 dwelling units x $7.00 /unit/qtr. x 4 qtrs. _ $812.00
Dwelling Units Surface Water Total
Management Fee
26. RECORD DRAWINGS. A cash fee for the preparation of record construction drawings
and for upgrading the City base map must be paid with the final plat and is calculated as follows:
32 units x $75.00 /units = $2,400.00
Units = lots /outlots Fee per unit Total
27. 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
172264A 11 SPIRIT OF BRANDTJEN FARM 12TH ADD.
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, 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.
28. BOULEVARD TREES. The Developer must install landscaping within the boulevard area
of Equestrian Trail and Envoy Way consistent with the streetscape 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'/z feet from the
curb and 2'/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.
29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the September 4, 2013,
Engineering report.
B. The lots in Spirit of Brandtjen Farm 12 Addition must meet the setback and design
standards established by the approved SBF PUD Booklet dated June 20, 2005. The lots within Spirit of
Brandtjen Farm 12 Addition will be subject to the cottage lot standards as set forth in Section 7 of the SBF
PUD Booklet.
C. Documents including the lots and open space within Spirit of Brandtjen Farm 12
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.
172264v4 12 SPHUT of BRANDUEN FARm 12TH ADD.
D. Temporary cul -de -sacs shall be provided at the termini of the two public streets
within the Plat (Envoy Way and Equestrian Trail) and all street section designs are subject to review and
approval of the City Engineer. The temporary cul -de -sacs must be paved within one year if the streets
are not extended. At the time of final plat, the Developer must furnish a cash escrow of $2,500.00 for
each temporary cul -de -sac for the removal and restoration of the temporary turn - around. A "Future
Street Extension" sign and barricades must be placed at the end of the two public streets within the plat
until the streets are extended in the future.
E. The Developer must deed Outlots A and B to the City for public open space and
stormwater management purposes.
F. The Developer must construct a trail through Outlot A between Pilot Knob Road
and East Community Park.
G. Prior to final plat approval, the Developer must submit a temporary public drainage
and utility easement across Outlot C, Spirit of Brandtjen Farm 12 Addition and Outlot DD, Spirit of
Brandtjen Farm, for the conveyance of stormwater runoff.
H. Buffer yard landscaping for the lots abutting Pilot Knob Road must be installed
consistent with the approved Spirit of Brandtjen Farm 12 Addition landscape plan.
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 $3,200.00 security for the final placement of interior subdivision
iron monuments at property corners. The security was calculated as follows: 32 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.
1722644 13 SPMT OF BRANDUEN FARM 12TH ADD.
J. 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.
30. 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 $953,440.36, plus a cash fee of $22,882.01 for City
engineering administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
1722644
A. Sanitary Sewer $ 139,716.80
B. Watermain 135,350.00
C. Storm Sewer 123,062.00
D. Street Construction 224,604.75
E. Erosion Control, Stormwater and
Filtration Basins, Restoration, Grading
and Grading Certification 140,000.00
CONSTRUCTION SUB -TOTAL $ 762,733.55
OTHER COSTS:
A.
Developer's Design (6.0 %)
$ 45,764.01
B.
Developer's Construction Survey (2.5 %)
19,068.34
C.
City Legal Expenses (0.5 %)
3,813.67
D.
City Construction Observation (7.0 %)
53,391.35
E.
Developer's Record Drawings (0.5 %)
3,813.67
F.
Temporary Cul -De -Sac Removal
5,000.00
G.
Wetland Replacement
19,355.77.00
H.
Natural Area Signage
500.00
I.
Landscaping
32,000.00
J.
Street Lights
4,800.00
14
SP11UT OF BRANDUEN FARM 12TH ADD.
K. Lot Corners /Iron Monuments 3.200.00
OTHER COSTS SUB -TOTAL $ 190,706.81
TOTAL SECURITIES: $ 953,440.36
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.
31. 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. Lateral Watermain Access Charge
B. Sanitary Sewer Availability Charge
C. Park Dedication Requirement
D. Trunk Storm Sewer Area Charge
E. Traffic Control Signs
F. Street Light Operating Fee
G. Surface Water Management Utility Fee
H. City Base Map Updating
$ 18,868.98
8,903.00
65,250.00
64,413.57
2,215.00
904.80
812.00
2,400.00
1722644 15 SPIRIT of BRANDTJEN FARm 12TH .ADD.
I. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement)
TOTAL CASH REQUIREMENTS
CREDITS TO CASH REQUIREMENTS:
Trunk Storm Sewer Area Charge credit from SBF 10 Add
Trunk Watermain Credit
Park Dedication Credit
Credit for Outlot B
SUBTOTAL - CREDITS TO CASH REQUIREMENTS
TOTAL CASH REQUIREMENTS
22.882.01
$ 186,649.36
$ 62,631.62
14, 030.00
65,250.00
6,160.00
$ 148,071.62
$ 38,577.74
32. 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.
33. 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
1722644 16 SPIRIT OF BRANDTJEN FARM 12TH ADD.
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.
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.
34. 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
1722644 17 SPIRIT of BRANDTJEN FARm 12TH ADD.
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.
35. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including 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.
1722644 18 SPIRIT of BRANDTJEN FARm 12TH ADD.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the
form attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
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 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 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.
172264v4 19 SPIRIT of BRANDUEN FARM 12TH ADD.
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 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.
36. 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.]
172264A 20 SPIRIT OF BRANDUEN FARM 12TH ADD.
CITY OF LAKEVILLE
W
Matt Little, Mayor
(SEAL)
:►9
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
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
1722644 21 SPIRIT OF BRANDTJEN FARm 12TH ADD.
IIFVFI (1PFR-
SBF
F
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged befor e this �Z day of se
T
2013, by �e� Gu1� � e bad the ✓�s,�l�+� of
SBF Development Corp., a Minnesota corporation, on behalf of the corporation.
C .
NOTARY PUBLIC
EG:wn LAIRE E. ERICKSON
TARY PUBLIC - MINNESOTA
iSS ion Expgs Jen. 31,2017
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651 - 452 -5000
AMP:cjh
172264v4 22 SPIRIT OF BRANDTJEN FARM 12TH ADD.
EXHIBIT A
TO DEVELOPMENT CONTRACT
[LEGAL DESCRIPTION]
Outlot BB, SPIRIT OF BRANDTJEN FARM, Dakota County, Minnesota, according to the recorded plat
thereof.
172264v4 23 SPEUT OF BRANDTJEN FARM 12TH .ADD.
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
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 VL- day of J2013.
STATE OF MINNESOTA )
)SS.
COUNTY OF HENNEPIN )
CC
a
The foreg ing instrument was acknowledged before me this � day of J �t�vl e/" ,
2013, by .--�- E2je�4- , the of Cobblest ne Lake, LLC, a
Minnesota limited liability company, on its behalf. Stc�e ✓y
No ry ublic
CLAIRE E. ERICKSON
- IMP ?.SOTA
!C MINNESOTA
t 31.2017
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651- 452 -5000
AMP:cjh
1722644 24 SPIRIT OF BRANDTJEN FARm 12TH ADD.
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
U.S. BANK NATIONAL ASSOCIATION, a national banking association, which holds a mortgage
on the subject property, the development of which is governed by the foregoing Development Contract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this day of 1 20113.
U.S. BANK NATIONAL ASSOCIATION
BY:
Its
AND
STATE OF MINNESOTA
COUNTY OF
by
Its
)ss.
The foregoing instrument was acknowledged before me this day of 2013,
and the
and
National Association, a national banking association, on behalf of the bank.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651 -452 -5000
AMP:cjh
of U.S. Bank
172264v4 25 SPUUT OF BRANDTJEN FARm 12TH ADD.
(Reserved for Recording Data)
k'i7, Il 1104 04
STATE DEED TAX DUE HEREON: $1.65
Dated: -'i 13
FOR VALUABLE CONSIDERATION, COBBLESTONE LAKE, LLC, a Minnesota limited
liability company, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a
Minnesota municipal corporation, Grantee, real property in Dakota County, Minnesota, described
as follows:
Outlots A and B, Spirit of Brandtjen Farm 12"' 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.
CO]
STATE OF MINNESOTA )
)ss.
COUNTY OF I )
The foregoing instrument was acknowledged before me this 1 day of
5 ,rv� -eK , , b-#--- ,20l3,by T E < belt the
-5ecf- of Cobblestone Lake, LLC, a Minnesota limited
liability company, on behalf of said company.
R AM CLAIRE E. ERICKSON ��—
Notary Public
NOTARY PUBLIC - MINNESOTA
My Commission Expiry Jon. 31, 2017
Check here if part or all of the land is Registered (Torrens)
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
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651- 452 -5000
AMP /cjh
172318v1
(reserved for recording information)
GRANT OF TEMPORARY
DRAINAGE AND UTILITY EASEMENT
COBBLESTONE LAKE, LLC, a Minnesota limited liability company, hereinafter
referred to as "Grantor ", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto
the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, a temporary
easement for public drainage and utility purposes over, across, on and through the property legally
described as follows:
Outlot C, Spirit of Brandtjen Farm 12' Addition and Outlot DD, Spirit of Brandtjen
Farm, Dakota County, Minnesota.
(the "Easement Premises ")
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and expiring when the property subject to this
easement is final platted into lots and blocks, together with the right of ingress to and egress from
the Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns; it being the
intention of the parties hereto that the Grantor hereby grants the uses herein specified without
divesting itself of the right to use and enjoy the above described temporary Easement Premises,
1723190 1
subject only to the right of the City to use the same for the purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any restoration or
replacement costs or damages resulting from the construction and maintenance of the Easement
Premises. It is further understood that vegetation will be removed and that excavation will occur on
the Easement Premises.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described Easement Premises;
that it has the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the Easement Premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and
year first above written.
GRANTOR:
COBBLESTONE LAKE, LLC
B•
Y
Its Chief Manager
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged efore me this 12th day of September, 2013,
by Erik Hendrikson the Chief Manager of Cob bl o e Lake, LLC, a Minnesota limited liability
company, on behalf of the company. , ,0
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 651- 452 -5000
AMP /cjh
1723190
ViCM L GORE
K' TARY PL;BUC - Wl'4NEWr'A
MY Canmbft EON JwL 31.2015
K
(Reserved for Recording Data)
GRANT OF EASEMENTS
THIS AGREEMENT is made this day of , 2013, 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 willing 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 12 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 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 landscaping and irrigation ( "Permanent Easement ") for the
purpose of enhancing the aesthetic quality of the Outlot 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 "Improvements ").
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 trail purposes and other city purposes as to Outlot A, Spirit of
Brandtjen Farm 12 Addition.
4. Maintenance and Restoration
a. All maintenance, repair and replacement of the Improvements 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 Improvements so that the Improvements are at all times in good working
order, condition and repair, reasonable wear and tear excepted.
172355v1 2
C. If the Associations fail to maintain, repair or replace any of the Improvements
such that any of the Improvements 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 Improvements or may maintain, repair or replace the hazardous or
deteriorated Improvements, following adequate notice to the Associations and opportunity for
the Associations to take appropriate action to maintain, repair, or replace the hazardous or
deteriorated Improvements; 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 Improvements under this Agreement.
5. 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.
6. 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.
7. 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 endanger or interfere with the safety of persons or property in
the City.
8. Initial Construction of Improvements Notwithstanding anything to the contrary
contained in this Agreement, Developer shall be solely responsible for constructing all
Improvements required by the Brandtjen PUD Agreements.
9. 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.
172355v1 3
IN TESTIMONY WHEREOF, the City and Developer have signed this Agreement the
day and year first above written.
THE CITY:
CITY OF LAKEVILLE
I�
Matt Little, Mayor
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2013, by Matt Little 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
172355v1
DEVELOPER
C 1 1' ►
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this JZ— day of
-5 � bo✓ , 2013, by T. Jacob Enebak, the President of SBF Development Corp., a
Minnesota corporation, on behalf of the corporation.
CLAIRE E. ERICKSON
1 k V NOTARY PUBLIC • MINNESOTA
My Comm ss on Expires Jan. 31,2017
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
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TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 30 August 2013
RE: Lakeville — SBF; 12 Addition Final Plat
TPC FILE: 135.01
BACKGROUND
SBF Development Corporation (aka Tradition Development) has submitted plans for
final plat approval for Spirit of Brandtjen Farm 12 Addition. The proposed SBF 12
Addition final plat includes 29 single family lots, three outlots and dedication of public
right -of -way. The SBF Preliminary Plat was approved by the City Council on 19 August
2013. 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 12 Addition Final Plat (2 sheets)
C. SBF 12 Addition Grading and Utility Plans (9 sheets)
ANALYSIS
SBF Land Use Plan. The SBF Land Use Plan (Page 3.4 of the SBF PUD Booklet)
designates the area of the 12 Addition for Multi - Family land uses. The SBF PUD
District allows for changes in land use type and the transfer of dwelling units within the
overall development provided that such transfer is consistent with the overall objectives
of the flexibilities outlined on pages 3.6 and 3.7 of the SBF PUD Booklet dated 20 June
2005 and compliance with the performance standards of the SBF PUD District. The 29
lots shown on the preliminary plat will be deducted from the total of 2,109 dwelling units
allowed for the entire SBF PUD District enabling the remaining dwelling units to
potentially be developed elsewhere within SBF.
MUSA. The subject site is within the MUSA and sanitary sewer and water utilities are
available to the property to accommodate the proposed preliminary 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.
Lot Requirements. There is no minimum lot area required by the SBF PUD District.
Rather, lots are regulated based on minimum width requirements, setbacks and design
standards established by the SBF PUD Booklet dated 20 June 2005. The lots within
SBF 12 Addition are proposed with a minimum 65 feet in width and otherwise subject
to cottage lot standards as set forth in Section 7 of the SBF PUD Booklet dated 20 June
2005.
Setbacks. All of the proposed single family lots are subject to and are consistent with
the setback requirements established for cottage lots:
Setbacks
Front
Side
Rear
House
Garage
Door
Garage
Interior
Comer
House
Garage
Door
Garage
House
Garage
Pilot
Knob Rd.
20ft.
1 25ft.
20ft.
7ft.
15ft
1 25ft
15ft
1 20ft.
10ft.
50ft.
Access. The proposed preliminary plat is to have access from Pilot Knob Road at 165
Street. The final plat provides for dedication of a triangular parcel for additional right -of-
way for Pilot Knob Road along the west plat line north of 165 Street. The proposed
right -of -way dedication and access to Pilot Knob Road is subject to review and approval
of the City Engineer and the Dakota County Plat Commission.
Streets. Streets within the final plat are designed as a 52 foot right -of -way and 28 foot
wide street section plus bump out parking stalls only on the west side of the street
consistent with the SC.3 section design in the SBF PUD Booklet dated 20 June 2005.
Street A will be designated as "Envoy Way" and Street B as "Equestrian Trail ".
Temporary cul -de -sacs must be constructed at the north terminus of the first phase
streets and all street section designs are subject to review and approval of the City
Engineer.
Sidewalks/Trails. Concrete sidewalks are provided along both sides of interior streets.
There is an existing public Multi- Purpose Trail along Pilot Knob Road. The submitted
plans include construction of a trail through Outlot A between Pilot Knob Road and East
Community Park.
Landscape Plan. A landscape plan for the internal boulevard streets and required
buffer yard adjacent to Pilot Knob Road was approved with the SBF 12 Addition
preliminary plat application subject to conditions. A revised landscaping plan must be
submitted specifying that the plantings along Pilot Knob Road be setback a minimum of
five feet from the property line.
2
Park Dedication. No public park land will be dedicated to the City as part of SBF 12
Addition. A blanket trail easement will be required over Outlot A, which is to be owned
and maintained by the Homeowner's Association. Park dedication requirements will be
met based on the formula established by the SBF Master PUD Development Agreement
minus any outstanding credits due from previous additions:
29 lots x $2,250.00/lot cash fee in lieu of land = $62,250
Outlots. The final plat includes three outlots:
outlot
Purpose
A
Public trail deeded to Cit
B
Stormwater basin deeded to Cit
C
Future phase
Easements. The preliminary plat illustrates drainage and utility easements at the
perimeter of the single family lots as required by Section 10 -4 -4 of the Subdivision
Ordinance. The drainage and utility easements at the rear of Lots 1 -7, Block 1 must be
increased to a minimum width of 20 feet to accommodate the required buffer yard in
accordance with Section 11- 21 -9.E.2 of the Zoning Ordinance. All drainage and utility
easements are subject to review and approval by the City Engineer.
Grading Plan. The applicant has submitted a preliminary grading plan for the subject
site. All grading and drainage issues are subject to review and approval of the City
Engineer.
Utility Plan. A preliminary utility plan has been submitted to illustrate extension of
sanitary sewer and water services to the subject site. All utility issues are subject to
review and approval of the City Engineer.
Homeowners Association. Documents including SBF 12 Addition as part of the SBF
Master Homeowners Association are required to be submitted and are subject to review
and approval by the City Attorney.
Development Agreement. Section 10 -5 -1 of the Subdivision Ordinance requires the
applicant to provide construction and warranty securities for the public improvements
within the final plat that are to be included within a development agreement. The
development agreement will be drafted by the City Attorney and is to be executed by
the applicant prior to City Council consideration of the application.
CONCLUSION
The Spirit of Brandtjen Farm 12 Addition PUD Final Stage Plan 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:
3
SBF 12 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. The single family lots within SBF 12 Addition are subject to the setback
requirements established for cottage lots:
Setbacks
Front
Side
Rear
House
Garage
Door
Garage
Interior
Comer
House
Garage
Door
Garage
House
Garage
Pilot
Knob Rd.
20ft.
25ft.
20ft.
1 7ft.
15ft
1 25ft
15ft
1 20ft.
10ft.
50ft.
3. The proposed right -of -way dedication and access to Pilot Knob Road shall be
subject to review and approval of the City Engineer and the Dakota County Plat
Commission.
4. Temporary cul -de -sacs shall be provided at the termini of Envoy Way and
Equestrian Trail and all street section designs are subject to review and approval
of the City Engineer.
5. The developer shall construct a trail through Outlot A between Pilot Knob Road
and East Community Park.
6. A revised landscaping plan shall be submitted specifying that the plantings along
Pilot Knob Road be setback a minimum of five (5) feet from the property line.
7. Outlots A and B shall be deeded to the City.
8. The applicant shall dedicate a blanket public trail easement over Outlot A, which
is to be owned and maintained by the Homeowner's Association.
9. The drainage and utility easements at the rear of Lots 1 -7, Block 1 shall be
increased to a minimum width of twenty (20) feet to accommodate the required
buffer yard in accordance with Section 11- 21 -9.E.2 of the Zoning Ordinance.
10. All drainage and utility easements shall be subject to review and approval of the
City Engineer.
11. All grading, drainage and erosion control plans shall be subject to review and
approval of the City Engineer.
12. All utility plans shall be subject to review and approval of the City Engineer.
4
13. Documents including SBF 12 Addition as part of the SBF Master Homeowners
Association are required to be submitted and are subject to review and approval
by the City Attorney.
14. The applicant shall enter into a development agreement with the City as drafted
by City Attorney and subject to approval of the City Council.
C. Steven Mielke, City Administrator
Zachary Johnson, City Engineer
Brett Altergott, Parks and Recreation Director
Jacob Fick, Tradition Development
5
_ Lakeville
Memorandum
City of Lakeville
Public Works - Engineering Division
To: Daryl Morey, Planning Director
From: Tom Kellogg, WSB & Associates
Mac Cafferty, Environmental Resources Manager
Copy: Mark Hansen, Assistant City Engineer
Brett Altergott, Parks and Recreation Director
Gene Abbott, Building Official
Dennis Feller, Finance Director
Date: September 4, 2013
Subject: Spirit of Brandtjen Farm 12th Addition
• Final Plat Review
• Final Grading Plan Review
• Final Utility Plan Review
BACKGROUND
SBF Development Corporation has submitted a final plat named Spirit of Brandtjen Farm 12th
Addition. The preliminary plat was approved by the City Council on August 19, 2013. The
subdivision is located east of and adjacent to Pilot Knob Road (CSAH -31) and south of the
future extension of Dodd Boulevard (CSAH -9). The parent parcel is Outlot BB, Spirit of
Brandtjen Farm and is zoned PUD, Planned Unit Development. Development of Spirit of
Brandtjen Farm 12' Addition is subject to the requirements listed in the Spirit of Brandtjen
Farm Planned Unit Development Booklet dated June 20, 2005.
The final plat consists of twenty nine (29) single - family lots and three (3) outlots on 24.95
acres. The Developer is dedicating 0.44 acres of right -of -way for Pilot Knob Road (CSAH -31).
The outlots created with the final plat will have the following uses:
Outlot A: Trail purposes; to be deeded to the City
(0.07 acres)
Outlot B: Stormwater treatment basin; to be deeded to the City
(1.12 acres)
Outlot C: Future residential development; to be retained by the Developer
(14.47 acres)
Spirit of Brandtjen Farm 12" Addition
September 4, 2013
Page 2 of 9
SITE CONDITIONS
The Spirit of Brandtjen Farm 12 11 Addition site consists of vacant, undeveloped land that was
previously used for agricultural purposes.
STREET AND SITE LAYOUT
Pilot Knob Road (CSAH -31)
Spirit of Brandtjen Farm 12th Addition is located east of and adjacent to Pilot Knob Road. Pilot
Knob Road is under the jurisdiction of Dakota County and is identified in the City of Lakeville
Comprehensive Transportation Plan as an A -Minor Arterial. Pilot Knob Road adjacent to the
site is constructed as a four -lane divided urban roadway. The Dakota County Plat Review
Needs Map indicates a one -half right -of -way requirement of 100 -feet for A -Minor Arterials.
The Developer is dedicating right -of -way, consistent with Dakota County requirements, as
shown on the final plat. There are no Pilot Knob Road improvements proposed with this plat.
The County's current Capital Improvement Program does not include improvements to Pilot
Knob Road.
Dodd Boulevard
Spirit of Brandtjen Farm 12th Addition is south of the future Dodd Boulevard extension east of
Pilot Knob Road. Outlot C is adjacent to the future extension of Dodd Boulevard. Right -of-
way for this future extension of Dodd Boulevard shall be provided at the time Outlot C
develops.
Envoy Way
Development of Spirit of Brandtjen Farm 12th Addition includes the construction of a local
street shown on the final plat as Envoy Way. Envoy Way will provide future access to East
Community Park. A "Future Street Extension" sign and barricades must be placed at the end
of Envoy Way until the street is extended in the future. A temporary cul -de -sac must be
constructed at the north end of Envoy Way and must be paved within one year if the street is
not extended. The Developer must furnish a cash escrow of $2,500 for the removal and
restoration of the temporary turn - around with the final plat. The right -of -way, street and
streetscape design are consistent with the Spirit of Brandtjen Farm Planned Unit
Development Booklet dated June 20, 2005.
Equestrian Trail
Development of Spirit of Brandtjen Farm 12th Addition includes the construction of a local
street shown on the final plat as Equestrian Trail. Equestrian Trail will provide access to the
site from Pilot Knob Road at the intersection of 165th Street located on the west side of Pilot
Knob Road. Equestrian Trail will also provide a connection to the future extension of Dodd
Boulevard north of the site, within Outlot C. A "Future Street Extension" sign and barricades
must be placed at the end of Equestrian Trail until the street is extended in the future.
Spirit of Brandtjen Farm 12"' Addition
September 4, 2013
Page 3 of 9
A temporary cul -de -sac must be constructed at the north end of Equestrian Trail and must be
paved within one year if the street is not extended. The Developer must furnish a cash
escrow of $2,500 for the removal and restoration of the temporary turn - around with the final
plat. The
right -of -way, street and streetscape design are consistent with the Spirit of Brandtjen Farm
Planned Unit Development Booklet dated June 20, 2005.
Building permits, except one model home permit, will not be issued until the concrete curb
and gutter and bituminous base pavement have been installed.
PARKS AND TRAILS
Development of Spirit of Brandtjen Farm 12th Addition includes the construction of 5 -foot
wide concrete sidewalks along both sides of Equestrian Trail and Envoy Way. The City's Parks,
Trails and Open Space Plan does not designate any area within the proposed plat as future
park land.
The Park Dedication requirement has not been collected on the parent parcel and will be
satisfied through a cash contribution that must be paid with the final plat less any
outstanding credits from previous Spirit of Brandtjen Farm additions.
The fee shall be applied to lots based on the following calculation:
29 units x $2,250.00 = $65,250.00
Single - Family Dwelling Units SBF Park Dedication Total
Fee Rate
The developer has a Park Dedication credit of $147,357.22 carried over from the Spirit of
Brandtjen Farm 10th Addition. Applying this credit to the Park Dedication requirement for the
Spirit of Brandtjen Farm 12th Addition results in no cash requirements and a credit balance of
$82,107.22 to be carried forward towards future phases of the development.
UTILITIES
SANITARY SEWER
Spirit of Brandtjen Farm 12th Addition is located within subdistrict NC -20060 of the North
Creek sanitary sewer district as identified in the City's Comprehensive Sewer Plan. Wastewater
will be conveyed via proposed sanitary sewer within the site to an existing VICES manhole at
the intersection of Equestrian Trail and Pilot Knob Road. 8 -inch sanitary sewer will be
constructed in Streets A and B with stubs provided for future extension to the north, east and
south. MCES will need to permit the connection to their system.
Spirit of Brandtjen Farm 12"' Addition
September 4, 2013
Page 4of9
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must
be paid with the final plat. The charge is calculated as follows:
29 Lots x $307.00 = $8,903.00
Number of Lots in Final Plat Charge Per Lot Total
WATERMAIN
Development of Spirit of Brandtjen Farm 12' Addition includes public watermain
construction. 8 -inch and 12 -inch watermain will be extended through the site from an
existing 12 -inch stub at
the intersection of Equestrian Trail and Pilot Knob Road. Stubs will be provided for future
extension to the north, east and south. The Developer will be credited the oversizing cost
between the 8 -inch and 12 -inch watermain.
The Lateral Watermain Access Charge for the watermain along Pilot Knob Road has not been
collected on the parent parcel and will be paid with the final plat. The charge is calculated as
follows:
483.82 x $39.00 = $18,868.98
Front Footage Along Pilot Knob Road Charge Per Foot Total
The remaining Lateral Watermain Access Charge will be collected for Outlot C at the time it
develops.
A 12 -inch trunk watermain will be extended through the site in Equestrian Trail in accordance
with the City's Comprehensive Water Distribution Plan. The developer shall receive a credit
for constructing this trunk watermain in accordance with City policies. The credit is
determined by calculating the incremental material costs between an 8 -inch watermain and a
12 -inch watermain. The credit due the developer for the 12 -inch trunk watermain extension
through this site is $14,030.00 based on the cost estimate provided by the developer on
August 23; 2013. This credit shall be applied to Cash Requirements.
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 12th Addition shall not be permitted until the
electronic as -built files have been submitted and approved by City staff.
DRAINAGE AND GRADING
Spirit of Brandtjen Farm 12' Addition is located within subdistricts NC -14 and NC -15 of the
North Creek drainage district as identified in the City's Water Resources Management Plan.
Spirit of Brandtjen Farm 12 " Addition
September 4, 2013
Page 5 of 9
The southerly portion (NC -15) of Spirit of Brandtjen Farm 12th Addition includes the
construction of a stormwater and infiltration basin within Outlot C. The stormwater
management system will provide water quality treatment, skimming and rate control of the
stormwater runoff and must be designed consistent with Minnesota Pollution Control Agency
(MPCA) requirements, as it ultimately discharges to East Lake, which is classified by the MPCA
as an impaired water body. A portion of the proposed stormwater management system is
located within the City -owned parcel south of and adjacent to the site. The Parks Department
is currently working with the Developer to review the proposed location and evaluate the
impacts.
The northerly portion (NC -14) of Spirit of Brandtjen Farm 12th Addition includes the
construction of a temporary sedimentation basin within Outlot C. The stormwater runoff from
this basin will be conveyed to the east through a drainageway located within Outlot DD, Spirit
of Brandtjen Farm, before ultimately discharging to East Lake. Prior to final plat approval, the
Developer must submit a temporary public drainage and utility easement across Outlot C,
Spirit of Brandtjen Farm 12' Addition and Outlot DD, Spirit of Brandtjen Farm, for the
conveyance of the stormwater runoff.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading specifications shall also indicate that all embankments meet
FHA /HUD 79G specifications. The Developer shall certify to the City that all lots with footings
placed on fill material are appropriately constructed. Building permits for Spirit of Brandtjen
Farm 12' Addition shall not be issued until a certified grading plan has been submitted and
approved.
STORM SEWER
Development of Spirit of Brandtjen Farm 12th 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 the public
stormwater basin in Outlot B and the temporary sedimentation basin in Outlot C.
Draintile construction is required in areas of non - granular soils within Spirit of Brandtjen Farm
12th Addition for 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 parcel and must be
paid with the final plat. The Developer has a Trunk Storm Sewer Area Charge credit of
$62,631.62 carried over from Spirit of Brandtjen Farm 10th Addition that shall be applied to the
Trunk Storm Sewer Area Charge requirement for Spirit of Brandtjen Farm 12 Addition. The
charge is calculated as follows:
Spirit of Brandtjen Farm 12 Addition
September 4, 2013
Page 6 of 9
Gross Area of SBF 12th Addition
Less Area of Outlot A (Public Trail Purposes)
Less Area of Outlot B (Public Stormwater Basins)
Less Area of Outlot C (Future Residential Development)
Less Area of Pilot Knob Road (CSAH -31) Right -of -Way
Total
1,086,945 s.f.
(-) 3,007 s.f.
( -) 48,903 s.f.
( -) 630,125 s.f.
( -) 19,200 s.f.
= 385,710 s.f.
385,710 s.f. x $0.167/s.f. = $64,413.57
Net Area of SBF 12th Addition Area Charge Total
The Developer will also receive a credit to the Trunk Storm Sewer Area Charge for deeding
Outlot B to the City, consistent with City policy. The credit is based on the area of the outlot,
and is calculated at the rate of $5,500.00 per acre, and will be applied to the Spirit of Brandtjen
Farm 12th Addition final plat cash fees. The credit is calculated as follows:
1.12 acres x $5,500 /acre. _ $6,160.00
Total Area of Outlot B Per Acre Credit Total
The balance due the City for the Trunk Storm Sewer Area Charge is calculated as follows:
Calculated Trunk Storm Sewer Area Charge $64,413.57
Less Trunk Storm Sewer Area Charge credit from Spirit of Brandtjen Farm
10th Addition $62,631.62
Less Credit for Outlot B $6,160.00
Balance (Credit) _ $(4,348.05)
The $4,348.05 Trunk Storm Sewer Area Charge credit shall be carried forward towards future
phases.
WETLANDS
A wetland delineation was received June 12, 2013 for the site. The delineation for the site
identified one wetland within the project boundaries. No comments were received during
the comment period. The wetland delineation was approved July 18, 2013.
The development is proposing to fill the wetland. A wetland replacement plan has been
submitted and is on notice until September 19, 2013 as required by WCA. The impacted
wetland area will be replaced through the use of wetland banking credits. The applicant must
obtain all state and Federal (Army Corps of Engineers) permits that may be required prior to
impacting any wetlands.
Spirit of Brandtjen Farm 12th Addition
September 4, 2013
Page 7 of 9
TREE PRESERVATION
A tree preservation plan was completed for Spirit of Brandtjen Farm 12th Addition. The plan
identifies a total of 133 significant trees within the site. The site currently contains mainly
elm, box elder and Cottonwood. The plan proposes to save 13 (10 %) trees on the 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.
• 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.
• A concrete washout area must be identified in the field.
• Silt fence or sod (36" minimum width) must be installed behind the curb following the
installation of private utilities.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or 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 Spirit of Brandtjen Farm 12th Addition. Construction costs are
based upon estimates submitted by the Developer's engineer on August 23, 2013.
CONSTRUCTION COSTS
Sanitary Sewer $ 139,716.80
Watermain 135,350.00
Storm Sewer 123,062.00
Street Construction 224,604.75
Erosion Control, Stormwater and Filtration Basins,
Restoration, Grading and Grading Certification 140,000.00
SUBTOTAL - CONSTRUCTION COSTS $ 762,733.55
Spirit of Brandtjen Farm 12` Addition
September 4, 2013
Page 8 of 9
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 %)
Temporary Cul -De -Sac Removal
Wetland Replacement
Natural area signage
Landscaping
Street Lights
Lot Corners /Iron Monuments
SUBTOTAL - OTHER COSTS
$ 45,764.01
19,068.34
3,813.67
53,391.35
3,813.67
5,000.00
19,355.77
500.00
32,000.00
4,800.00
3,200.00
$ 190,706.81
TOTAL PROJECT SECURITY $ 953,440.36
The street light security totals $4,800.00 which consists of four post -top street lights at
$1,200.00 each.
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 /outlot for a total of
$3,200.00. 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.
CASH FEES
The cash fee for traffic control signs is $2,215.00 which includes three street /stop
combination signs, two future through street signs and eight 9- button delineator signs. If
the street posts are installed in frost conditions, the Developer will pay an additional
$150.00 at each street post location.
A cash fee for one -year of streetlight operating expenses will be paid with the final plat
and is calculated as follows:
29 units x $7.80 /unit /qtr. x 4 qtrs. = $ 904.80
Dwelling Units Streetlight Operating Fee Total
A cash fee for one -year of surface water management expenses will be paid with the final
plat and is calculated as follows:
29 units x $7.00 /unit /qtr. x 4 qtrs. = $ 812.00
Dwelling Units Surface Water Management Fee Total
Spirit of Brandtjen Farm 12t Addition
September 4, 2013
Page 9 of 9
A cash fee for the preparation of record construction drawings and for upgrading the City
base map will be paid with the final plat and is calculated as follows:
32 lots x $75.00 /unit = $ 2,400.00
Lots /Outlots City Base Map Updating Fee Total
The Developer must submit the final plat and construction drawings in an electronic
format. The electronic format must be either a .dwg file (AutoCAD) or a .dxf file. The
Developer must 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 $22,882.01.
CASH REQUIREMENTS
Lateral Watermain Access Charge
Sanitary Sewer Availability Charge
Park Dedication Requirement
Trunk Storm Sewer Area Charge
Traffic Control Signs
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
SUBTOTAL - CASH REQUIREMENTS
CREDITS TO THE CASH REQUIREMENTS
Less Trunk Storm Sewer Area Charge credit from Spirit of Brandtjen
Farm 10th Addition
Trunk Watermain Credit
Park Dedication Credit
Less Credit for Outlot B
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS
TOTAL CASH REQUIREMENTS
RECOMMENDATION
$ 18,868.98
8,903.00
65,250.00
64,413.57
2,215.00
904.80
812.00
2,400.00
22,882.01
$186,649.36
$62,631.62
14,030.00
65,250.00
6,160.00
$148,071.62
$38,577.74
Engineering recommends approval of the final plat, final grading plan and final utility plan for
Spirit of Brandtjen Farm 12 th Addition, subject to the comments within this report.
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
August 29, 2013
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: SPIRIT OF BRANDTJEN FARM 12 ADDITION
The Dakota County Plat Commission met on August 26, 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.
Additional right of way has been shown on the revised plat, which appears to meet the 100 feet of half
right of way. Access restriction is shown along all of CSAH 31.
The Plat Commission has approved the final plat 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,
X w;-
4T z —
Todd B. Tollefson
Secretary, Plat Commission
cc: Jacob Fick; Tradition Development