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April 2, 2014 Item No.
APRIL 7, 2014 CITY COUNCIL MEETING
SUMMERLYN 2nd ADDITION FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving
the final plat of Summerlyn 2nd Addition.
Adoption of this motion will allow the development of 37 single family residential lots.
Overview
U. S. Home Corporation (DBA Lennar) has submitted an application and plans for the final plat
of 37 single family lots to be known as Summerlyn 2nd Addition. The property is located north
of 194th Street and east of Dodd Boulevard (CSAH 9). Summerlyn 2nd Addition represents the
second phase of the 139 lot Summerlyn preliminary plat approved by the City Council on
November 19, 2012.
Planning Department, Engineering Division and Parks and Recreation Department staff
recommend approval of the Summerlyn 2nd Addition final plat.
Primary Issues to Consider
Is the final plat consistent with the approved preliminary plat? The Summerlyn 2"°Addition
final plat is consistent with the approved preliminary plat.
Supporting Information
• Resolution approving the final plat.
• Signed development contract.
• Signed Warranty Deed.
• Temporary turnaround easements.
• Planning and engineering reports dated March 7, 2014.
Frank Dempsey, AICP, Asso late Pla4ner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF SUMMERLYN 2nd ADDITION
WHEREAS, the owner of the property described as SUMMERLYN 2nd ADDITION has
requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks,
Recreation and Natural Resources Committee and approved by the City Council; and
WHEREAS, the final plat is consistent with the preliminary plat; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. SUMMERLYN 2nd ADDITION final plat is approved subject to the developer's
execution of the development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 7"' day of April 2014
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 71' day of April 2014 as shown by the
minutes of said meeting in my possession.
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
V
Charlene Friedges
City Clerk
(SEAL)
CONTRACT dated
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SUMMERLYN 2ND ADDITION
2014, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City"), and U.S. HOME CORPORATION, a
Delaware corporation, d/b/a LENNAR (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for Summerlyn 2nd Addition (referred to in this Contract as the "plat"). The land is situated in the
County of Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part
hereof by reference.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition
that the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public
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or private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, and 3) the necessary insurance for the Developer and its construction
contractors has been received by the City. In addition, the City will not issue a permit for more than one
structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and
the breach has not been remedied. Development of subsequent phases may not proceed until Development
Contracts for such phases are approved by the City. Park charges referred to in this Contract are not being
imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future
subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary
plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted
into lots and blocks, not outlots, within four (4) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For four (4) years from the date of this
Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current metropolitan urban service area, or official controls shall apply to or affect the use, development
density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to
the contrary, to the full extent permitted by state law, the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted
after the date of this Contract.
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7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer's approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
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
Plan F — Plans and Specifications for Private Improvements
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
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K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the approved City standards as
a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on-site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer's surveyor shall also
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submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights -of -Way
B. MnDot for State Highway Access
C. MnDot for Work in Right -of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows,
it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public
improvements by November 30, 2014, with the exception of the final wear course of asphalt on streets. The
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final wear course on streets shall be installed between August 15th and October 15th the first summer after
the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the extended completion date. Final wear
course placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B,
shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City's current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the
erosion control plan and schedule or supplementary instructions received from the City or the Dakota
County Soil and Water Conservation District, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the
Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the
City may draw down the letter of credit to pay any costs. No development, utility or street construction will
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be allowed and no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan "B". The plan shall conform to City of Lakeville specifications. Within
thirty (30) days after completion of the grading and before the City approves individual building permits
(except three (3) model home permits on lots acceptable to the Building Official), the Developer shall
provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer
that all storm water treatment/infiltration basins and swales, have been constructed on public easements or
land owned by the City. The "as constructed" plan shall include field verified elevations of the following:
a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales,
wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
"conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City
Code Section 10-3-5.NN. The City will withhold issuance of building permits (except one model home
permit) 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. The soils observation and testing report, including referenced development phases and lot
descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits.
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
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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.
A certified as -built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY
ENGINEERING
ADMINISTRATION AND
CONSTRUCTION
OBSERVATION.
The Developer shall
pay a fee for in-house engineering
administration. City
engineering administration will include monitoring of construction observation, consultation with Developer
and its engineer on status or problems regarding the project, coordination for final inspection and
acceptance, project monitoring during the warranty period, and processing of requests for reduction in
security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of
Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The
Developer shall pay for construction observation performed by the City's in-house engineering staff or
consulting engineer. Construction observation shall include part or full time inspection of proposed public
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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 AREA CHARGE. Development of Summerlyn 2nd 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
basins located within Outlots B and C, Summerlyn 2nd Addition.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and will be paid
with the final plat at the current rate in effect at the time of final plat. The Trunk Storm Sewer Area
Charge is calculated as follows:
Gross Area of Summerlyn 2nd Addition
Less Area of Outlot B (Public Stormwater Basins)
Less Area of Outlot C (Public Stormwater Basins and Wetland Complex)
Less Area of Outlot D (Public Parkland)
Less Area of Outlot E (Future Dodd Blvd Right of Way)
Less Area of Outlot F (Future Residential Development)
Less Area of Dodd Boulevard Right -of -Way
Total
584,744 s.f. x $0.167/s.f. = $97,652.25
Net Area of Summerlyn 2nd Addition Area Charge Total
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots B
and C (excluding land designated as Greenway Corridor) to the City, consistent with City policy. The credit
is based on the area of the outlots, and is calculated at the rate of $5,500.00 per acre, and will be applied
to the Summerlyn 2nd Addition final plat cash fees. The credit is calculated as follows:
5.63 acres x =
$5,500/acre $30,965.00
Total Area of Outlots B and C (excluding land designated as Greenway Per Acre Total
Corridor) Credit
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1,577,100 s.f.
(-)
58,986 s.f.
(-)
191,734 s.f.
(-)
79,700 s.f.
(-)
14,200 s.f.
(-)
576,732 s.f.
(-)
71,004 s.f.
= 584,744 s.f.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots B
and C (excluding land designated as Greenway Corridor) to the City, consistent with City policy. The credit
is based on the area of the outlots, and is calculated at the rate of $5,500.00 per acre, and will be applied
to the Summerlyn 2nd Addition final plat cash fees. The credit is calculated as follows:
5.63 acres x =
$5,500/acre $30,965.00
Total Area of Outlots B and C (excluding land designated as Greenway Per Acre Total
Corridor) Credit
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Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
The Developer is eligible for a credit to the cash fees for the excavation of the regional stormwater
management basin to be located north of 194th Street. The credit shall be the excavation cost of
$1.00/cubic yard for the excavation of the live storage volume necessary to provide treatment for the
future upstream development areas, consistent with City policy. The City and Developer shall continue
investigations for determining the actual credit amount. The credit shall be provided either by an
amendment to this development contract, or applied to future phases of development. The credit shall be
contingent upon the Developer providing rough grading for the neighborhood park to be located in Outlot
Q
20. SANITARY SEWER AVAILABILITY CHARGE. Development of Summerlyn 2nd
Addition includes public sanitary sewer construction. Eight inch sanitary sewer will be extended within the
subdivision from existing sanitary sewer stubs to provide service to the proposed lots.
The Sanitary Sewer availability fee has been paid on the parent parcels.
21. WATERMAIN. Development of Summerlyn 2nd Addition includes public watermain
construction. Eight inch watermain will be extended within the subdivision from existing watermain stubs
to provide service to the proposed lots.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans. In association with MnOPS requirements, utility hook-ups for
buildings within Summerlyn 2nd Addition will not be permitted until the as -built electronic files have been
submitted and approved by City staff.
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22. FUTURE UPGRADE OF DODD BOULEVARD. A cash fee for the future upgrade of
Dodd Boulevard will be collected with the final plat for the length of the plat being final platted into lots
and blocks adjacent to Dodd Boulevard. The fee is calculated as follows:
946.76 ff. x $72.00/ ff. = $68,166.72
Front Footage Along Dodd Boulevard Dodd Boulevard Assessment Rate Total
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility installation and street construction is restricted to access the subdivision via 190 Street at Indora
Trail. No construction traffic is permitted on the adjacent local streets.
24. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's Parks, Trails and
Open Space Plan designates the Summerlyn 2nd Addition final plat area as the location for a park as well
as a greenway corridor trail adjacent to the wetland to the south and east of the Plat. The park area is
contiguous to land that was previously deeded to the City for park area with the Donnelly Farm
development. The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a combination of land dedication and cash contribution, as identified in the Summerlyn
preliminary plat City engineering staff report dated November 1, 2012, that must be paid with each final
plat phase based on the park dedication fee in effect at the time of final plat.
The land dedication requirement for subdivisions with a gross density less than 3.0 lots/acre is
12%. The land dedication and cash contribution requirements are estimated as follows:
Gross Area of Summerlyn 2nd
Less Area of Delineated Wetlands
Less Area of Outlot E
Less Area of Outlot F
Less Area of Dodd Blvd. R/W
Dedication
Total Buildable Area
Land Dedication Requirement (12%)
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36.21
Acres
(-) 2.07
Acres
(-) 0.33
Acres
(-)13.24
Acres
(-)1.63
Acres
18.94 Acres
2.27 Acres
Approximately 0.13 acres within Outlot C, Summerlyn 2ndAddition will be used for Greenway
Trail Corridor, as well as 1.83 acres for the park in Outlot D. The Developer shall receive park area
credits for this dedication. These two areas satisfy 86.3% (1.96 acres/2.27 acres) of the land dedication
requirement. The remaining 13.7% of the park dedication requirement for Summerlyn 2nd Addition must
be satisfied through a cash contribution based on the rate in effect at the time of final plat. The fee shall
be applied to lots based on the following calculation:
37 units x 13.7% = 5.07
Total Single -Family Dwelling Units Remaining Portion of Park Dedication Total Number of Units
In Final Plat Not Satisfied Through Land Dedication Subject to Park Dedication
Fee
The Park Dedication Fee for Summerlyn 2nd Addition final plat is calculated as follows:
5.07 Units x $3,462.00/dwelling unit = $17.552.34
Single -Family Dwelling Units 2014 Park Dedication Fee Rate Total
Development of Summerlyn 2ndAddition includes the construction of public bituminous trails and
public concrete sidewalks. Five foot wide concrete sidewalks must be constructed along one side of all
local streets, as well as along Hillcrest Avenue southwest of Huxley Avenue where the sidewalk will be
constructed along both sides of Hillcrest Avenue, on the north side up to Icicle Avenue, and on the south
side up to Impala Way. All sidewalks shall be constructed at 100% developer cost. An eight (8') foot
wide bituminous trail will be constructed north through the Greenway Corridor within Outlot C,
consistent with the City's Parks, Trails and Open Space Plan with Summerlyn 2nd Addition. The
Developer is responsible for 100% of grading and restoration of the Greenway Corridor trail. A credit of
the City's 3/8d' portion of the trail construction cost (excluding grading and restoration) shall be applied to
the final plat cash fees. An eight (8') foot wide bituminous trail must be constructed along the east side of
Dodd Boulevard from 194`" Street to the north plat boundary at the time Dodd Boulevard is upgraded to a
four lane divided urban roadway. The Developer is responsible for 100% of grading and restoration for
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the bituminous trails. The Developer shall pay a cash escrow for the Developer's 5/8`h portion of the trail
construction cost for the future trail along Dodd Boulevard between 190' Street and the north plat
boundary consistent with City policy. The escrow will be based on an estimate provided by the
Developer's engineer and will be applied to the Summerlyn 2nd Addition final plat cash fees.
The cash fee is calculated as follows:
$25,947.00 x 5/8 = $16,216.88
Total Estimated Cost Developer's Trail Total
for Trail Construction Along Dodd Boulevard Cost Portion
The developer shall receive a credit for the construction (excluding grading and restoration) for the
Greenway Corridor Trail north of 194d' Street within Outlot C, calculated as follows:
$15,822.00 x 3/8 = $5,933.25
Total Estimated Cost City's Trail Total
for Greenway Corridor Cost Portion
Trail Construction North
of 194' Street within
Outlot C
The balance due the City for park dedication and trail improvements is calculated as follows:
Park Dedication Fee for Summerlyn 2nd Addition
Developer Cash Fee for Dodd Boulevard Trail
Credit for Greenway Corridor Trail
$ 17,552.34
$16,216.88
(-) $ 5,933.25
Balance = 27,835.97
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash
fee for traffic control signs in the amount of $3,675.00 must be paid at the time of final plat approval,
which includes four street and stop combination signs, one speed limit with ordinance sign, one stop sign,
three future thru street signs, and twelve 9 -button delineator signs. If the street posts are installed in frost
conditions, the Developer must pay an additional $150.00 at each street post location. A cash fee for one-
year of streetlight operating expenses must also be paid at the time of final plat approval and is calculated
as follows:
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37 units x $8.14/unit/qtr. x 4 gtrs. _ $1,204.72
Dwelling Units Streetlight Operating Fee Total
26. 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:
37 units x $7.00/unit/qtr. x 4 gtrs. _ $1,036.00
Dwelling Units Surface Water Management Fee 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, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to bug
infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2'/Z) inches caliper,
balled and burlapped. Evergreen trees must be at least eight feet (8') tall. The trees may not be planted in
the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the
rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within
sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a
cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping
requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform
the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the
escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease
free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months
from the time of planting. The Developer or property owner is responsible for contacting the City when
all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be
released when all the landscaping has been installed and inspected by City staff and the remaining fifty
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percent (50%) will be released one year after the landscaping inspection and any warranty work has been
completed.
28. BUFFER YARD BERMILANDSCAPE SCREEN. Summerlyn 2nd Addition is adjacent
to Dodd Boulevard, an arterial roadway. The final plat includes the installation of 36 new trees which
will act as a buffer along Dodd Boulevard. All trees shall be planted outside the right of way. Trees and
shrubs will also be planted adjacent to the stormwater ponds within the Outlots B and C and within the
private park facility. Before the City signs the final plat, the Developer must post a $19,000.00 security to
guarantee installation of the buffer yard landscaping.
29. TREE PRESERVATION. The Summerlyn 2nd Addition final plat tree preservation plan
identified 91 significant trees within the boundaries of the site. There are no "save" significant trees
within the plat.
30. WETLAND RESTORATION. Before the City signs the final plat, the Developer shall
post a $147,765.76 security for wetland construction and restoration. This security may be in the form of a
letter of credit separate from the primary development security or in the form of a non-interest bearing cash
escrow with the City. If the restoration area is found to be unsuccessful after the mandatory five-year
warranty period, the City may elect to keep the security to be used for this restoration project or for wetland
restoration elsewhere within the City. In addition, the City may draw down the security at any time during
the warranty period if the Developer fails to take corrective measures as directed by the City to perform the
work recommended.
The City will be responsible for any possible future monitoring and maintenance requirements
necessary for the future wetland area to be located north of 194th Street.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Implementation of the recommendations listed in the March 7, 2014, engineering report.
175265v4 15
B. Before the City signs the final plat, the Developer shall convey Outlots B, C, and D to the
City by warranty deed, free and clear of any and all encumbrances.
C. Hillcrest Avenue shall be constructed between Summerlyn 1 st Addition and Summerlyn 2nd
Addition no later than November 30, 2014.
D. The Summerlyn 2nd Addition development must comply with the following setback
requirements:
Front
Side Interior
Side Corner
Rear
Buffer (Dodd Boulevard)
20 feet (principal bldg.)
25 feet (garage)
7 feet
20 feet
30 feet
50 feet
E. Driveway access for Lot 7, Block 3 shall be off of Impala Way only.
F. The Developer must obtain a sign permit from the City Building Official prior to installation
of any subdivision identification signs for the Summerlyn 2nd Addition development, which may be located
only within Outlot A near the corner of 190 Street and Dodd Boulevard. A homeowners' association shall
be responsible for the ownership and maintenance of the Outlot A and sign.
G. 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 $4,300.00 security for the final placement of interior subdivision iron monuments at
property corners. The security was calculated as follows: 37 lots and 6 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.
175265v4 16
H. The Developer shall pay a cash fee for the preparation of record construction drawings and
City base map updating. This fee is $75.00 per lot/outlot for a total charge of $3,225.00.
I. The Developer shall be responsible for the cost of street light installation consistent with a
street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a
security for street light installation consistent with the approved plan. The estimated amount of this security
is $9,800.00 and consists of one mast -arm street light at $1,400.00 each and seven (7) post -top street lights
at $1,200.00 each.
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,
and 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.
K. Temporary turnaround cul-de-sacs are required on Indora Trail and Icicle Avenue. Prior to
release of the final plat, Developer shall provide temporary turnaround easements for the cul-de -sacs and
shall install future extension street signs at the ends of Indora Trail, Impala Way and Icicle Avenue.
L. Sod shall be installed to the west property lines of Lots 1-7, Block 1.
M. A conditional use permit shall be required for the private recreation area located on Lot 4,
Block 4 prior to development of Lot 4.
N. Prior to execution of the final plat, Developer shall submit for review and approval by the
City the homeowner association declaration of covenants for all lots within the plat. Homeowner
association formation and the approved declarations of covenants must be filed and recorded with the
appropriate State and County offices prior to sale of any lot by Developer or issuance of a building permit
for any lot in the plat.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the
terms of this Contract, payment of real estate taxes including interest and penalties, payment of special
175265v4 17
assessments, payment of the costs of all public improvements, and construction of all public improvements,
the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form
attached hereto, from a bank ("security") for $1,613,804.06, plus a cash fee of $208,730.36 for City
engineering administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $ 165,682.25
B. Watermain 203,224.00
C. Storm Sewer 275,640.20
D. Street Construction 533,150.00
E. Erosion Control, Restoration, Grading and Grading Certification 52,293.50
CONSTRUCTION SUB -TOTAL $1,229,989.95
OTHER COSTS:
A.
Developer's Design (6.0%)
$ 73,799.40
B.
Developer's Construction Survey (2.5%)
30,749.75
C.
City Legal Expenses (Est. 0.5%)
6,149.95
D.
City Construction Observation (Est. 7.0%)
86,099.30
E.
Developer's Record Drawings (0.5%)
6,149.95
F.
Wetland Construction/Restoration
147,765.76
G.
Landscaping
19,000.00
H.
Street Lights
9,800.00
I.
Lot Corners/Iron Monuments
4,300.00
OTHER COSTS SUB -TOTAL
$ 383,814.11
TOTAL SECURITIES:
$1,613,804.06
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
175265v4 18
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.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A.
Future Upgrade of Dodd Boulevard
$ 68,166.72
B.
Park Dedication Fee
17,552.34
C.
Future Trail Improvements on Dodd Boulevard
16,216.88
D.
Trunk Storm Sewer Area Charge
97,652.25
E.
Traffic Control Signs
3,675.00
F.
Street Light Operating Fee
1,204.72
G.
Surface Water Management Utility Fee
1,036.00
H.
City Base Map Updating
3,225.00
I.
City Engineering Administration (3.00%)
36,899.70
SUBTOTAL CASH REQUIREMENTS
$ 245,628.61
CREDITS TO THE CASH REQUIREMENTS
Greenway Corridor Trail North of 194' Street within Outlot C
$ 5,933.25
Outlots
B, C and D (Deeded to the City)
$ 30,965.00
SUBTOTAL CREDITS TO CASH REQUIREMENTS
$ 36,898.25
TOTAL CASH REQUIREMENTS
$ 208,730.36
175265v4 19
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence after
the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure
the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the
maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
35. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the plat, including but not limited to Soil and
Water Conservation District charges, legal, planning, engineering and construction
observation inspection expenses incurred in connection with approval and acceptance of the
plat, the preparation of this Contract, review of construction plans and documents, and all
costs and expenses incurred by the City in monitoring and inspecting development of the
plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from
claims made by it 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.
175265v4 20
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 (3 0) days shall accrue interest at the rate of eighteen percent (18%) per year.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
36. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City
to seek a Court order for permission to enter the land. When the City does any such work, the City may, in
addition to its other remedies, assess the cost in whole or in part.
37. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to:
175265v4 21
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 three model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of
the City's zoning ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors,
subcontractors, material men, employees, agents, or third parties. No sewer and water
connections or inspections may be conducted and no one may occupy a building for which a
building permit is issued on either a temporary or permanent basis until the streets needed for
access have been paved with a bituminous surface and the utilities are accepted by the City
Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed
175265v4 22
by the parties and approved by written resolution of the City Council. The City's failure to
promptly take legal action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property.
The Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the property being final platted; and that the
Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
I. The Developer and contractor shall acquire public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of their subcontractors or by one directly or
indirectly employed by any of them. The insurance must be maintained until six (6) months
after the City has accepted the public improvements. Limits for bodily injury and death shall
be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for
property damage shall be not less than $200,000 for each occurrence; or a combination
single limit policy of $1,000,000 or more. The City shall be named as an additional insured
on the policy on a primary and noncontributory basis, and the Developer and contractor shall
file with the City a certificate evidencing coverage prior to the City signing the plat. The
certificate shall provide that the City must be given ten (10) days advance written notice of
the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
175265v4 23
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the City
Council. The Developer's obligation hereunder shall continue in full force and effect even if
the Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with plans
and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be
filed with the Building Official evidencing that the retaining wall was constructed in
accordance with the approved plans and specifications. All retaining walls identified on the
development plans and by special conditions referred to in this Contract shall be constructed
before any other building permit is issued for a lot on which a retaining wall is required to be
built.
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16305 36' Street North, Suite 600, Plymouth, Minnesota 55446. Notices to the City
shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by
certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195
Holyoke Avenue, Lakeville, Minnesota 55044.
[Remainder of Page Intentionally Left Blank.]
175265v4 24
CITY OF LAKEVILLE
(SEAL)
AND
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2014, 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
175265v4 25
DEVELOPER:
U. S. HOME CORPORATION
d/b/a LENNAR
BY: --
Its
STATE OF MINNESOTA )
.t�e»�`� )SS.
COUNTY OF A )
f
The fore oing instrument was acknowledged before me this fn day of ,
2014, by _ the nj-e P, N CPfl_i- of
U.S. Home Corp4ation, a Delaware corporation, d/b , on its if.
NOTARY PUB IC
CAROL E i00H"
Notary Public
state of Minnesota
~ `g MY Commission Expires
�Jyr JonuwY 31.2017
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP
175265v4 26
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
SUMMERLYN 2nd ADDITION
175265v4 27
(Reserved for Recording Data)
WARRANTY DEED
STATE DEED TAX DUE HEREON: $1.65
Dated:
FOR VALUABLE CONSIDERATION, U.S. HOME CORPORATION, a Delaware
corporation, d/b/a Lennar, 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 B, C, and D, Summerlyn 2nd 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.
175316
The consideration for this transfer was less than $500.00.
U.S. HOME CORPORATION
d/b/a LENNAR
By:
[print name]
is
STATE OF )
)ss.
COUNTY OF k�W Qj )
The foregoing instrument w q acknowledged before me this VVL day of
2014, by the\rr d'Y'P lkm4 of
U.S. Home Corporation, a Delaw�arcorporat' /a Lennar on its behalf.
14$
C06LE 700HEY
Notary Public
State of Minnesota Notary Public
My Commission Expires
January 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
1101MR00:117 3•E
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/jmo
174802A
(reserved for recording information)
GRANT OF TEMPORARY
TURNAROUND EASEMENTS
THIS AGREEMENT made this day of , 2014, by and between
U.S. HOME CORPORATION, a Delaware corporation, d[b/a Lennar, hereinafter referred to as
"Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City", its
successors and assigns, temporary easements for public roadway, drainage, utility and construction
purposes, over, on, across, under, and through the land situated within the County of Dakota, State
of Minnesota, legally described and depicted on the attached Exhibit "A".
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and automatically expiring when Indora Trail is
extended to the north through the cul-de-sac, together with the right of ingress to and egress from
the property, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns; it being
175317
the intention hereto that the Grantor hereby grants the uses herein specified without divesting
itself of the right to use and enjoy the above described temporary easement premises, subject
only to the right of the City to use the same for the purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any restoration or
replacement costs or damages resulting from the construction and maintenance of the easement
premises. It is further understood that vegetation may be removed and that excavation will occur
on the easement premises.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easements to the City; that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement the day and
year first above written.
GRANTOR:
U.S. HOME CORPORATION, d/b/a Lennar
i
By:
�- [print name]
Its �
2
175317
STATE OF )
)ss.
COUNTY OF 1^ ;1 )
The foregoing instrument was acknowledged before me this" +h day of
M L� (ln , 2014, by. n ,A'h p , the VW, a(tfN of
U.S. Home Corporation, a Delaw e corporations Lennarr on its behalf.
Notary
QD—.�
CAROLE TOOHEY
Notary Public
State of Minnesota
My Commission Expires
January 31, 2017
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/jmo
175317
FUTURE LOT LINES
OURPT F��, j(I
Vcb
;
4-
Yt✓
3
DENOTES PROPOSED EASEMENT
2
N
50 25 D Be
Scale In Feet
PROPOSED LEGAL DESCRIPTION FCR TEMPORARY TURNARDUNo EASEMENT
A temporary cowment for tumarcwnd purpaaea lying over, under and vAv a that part of C4gat F. SUMMERLYN 2ND ADDITION, wourdilg to the
recorded plat thereof, Dakota County, Minnesota, described as follows:
BeglnnMg at the most northerly comer of Let 1, Bleck 2, said SIMMERLYN 2ND ADDITION; thehee w an amumed bearing of North 50 degraee 47
minutes 13 seconds bleat along o southwestsdy line of sold Oudot F, a distance of 50.130; thence North 39 degrees 12 minutes 47 seconds East, o
datance of 190.90 feet; thonoo South SD degrees 47 minutes 13 aecwda Etat, o datalce of 190,90 feet, thane South 34 degrees 12 minutes 47
seeends West, o distance of 84-98 feat to a northeasterly IIrm of Bald Lot t: thence North 57 degrees 58 minutse 04 sacande West along sold
northeasterly Gne, a distmw of 40.32 feet to the point of begriming.
(THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF SUMMERLYN 2ND PDDITICN_)
• THIS SKETCH DOES NOT PURPORT TO SHOW THE EGSTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED
LAND, EASEMENTS OF RECORD OR UNRECOROED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
PI*NEERew vg PA Cd FE.. =- — Description Sketch for:
d Fodder# 7599
m D6. tread Ihatalt l�T corporation
Mmdw.aggLa, lcn 5512Q p ,cam by:
5
175317
(reserved for recording information)
GRANT OF TEMPORARY
TURNAROUND EASEMENTS
THIS AGREEMENT made this day of , 2014, by and between
U.S. HOME CORPORATION, a Delaware corporation, d/b/a Lennar, hereinafter referred to as
"Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a Minnesota municipal corporation, the Grantee, hereinafter referred to as "City", its
successors and assigns, temporary easements for public roadway, drainage, utility and construction
purposes, over, on, across, under, and through the land situated within the County of Dakota, State
of Minnesota, legally described and depicted on the attached Exhibit "A".
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and automatically expiring when Icicle Avenue is
extended to the north through the cul-de-sac, together with the right of ingress to and egress from
the property, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns; it being
175318
the intention hereto that the Grantor hereby grants the uses herein specified without divesting
itself of the right to use and enjoy the above described temporary easement premises, subject
only to the right of the City to use the same for the purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any restoration or
replacement costs or damages resulting from the construction and maintenance of the easement
premises. It is further understood that vegetation may be removed and that excavation will occur
on the easement premises.
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises;
that it has the sole right to grant and convey the easements to the City; that there are no unrecorded
interests in the easement premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement the day and
year first above written.
GRANTOR:
U.S. HOME CORPORATION, d/b/a Lennar
By:
[print name]
s
175318
STATE OF �A '\ nf� Q So )
)ss.
COUNTY OF )
The foregoing instrument was awledged before me this _`� �? day of
c o
2014, by thel(�,P_8 f
U.S. Home Corporation, a De arecorpo , d/b/a Lennar, on its behalf.
--e � --
OF t„F .ci�Tf
CAROLE TOOHEY Not ny-livic
Notary Public
State of Minnesota
My Commission Expires
e. • January 31, 2017
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/jmo
175318
EXHIBIT "A"
TO
TEMPORARY TURNAROUND EASEMENT
See attached
175318
3
r
FUTURE LOT UNES
i
NE'LY CORNER LOT 1,
m_. ��•� / BLOCK 5
SE1.Y UNE
OUTLOT F
4
DENOTES PROPOSED EASEMENT
2
50 25 0 50
Scale In Feet
pROPnPFn LF D scRiPTION FOR TEMPORARY TIIRNARO 1 rD EASEMENT
A temporary enow-ent for tumarmnd purposes Lying awr, under and ocram theL port of GLUot F, SUMMERLYN 2ND ADDITION, acmN'ng to the
recorded plat thereof. Dalmin County, Whineeota, described ae follows!
Beginning at the mast northmeherly miner of Let 1• Block 5, sold SUIINERLYN 2ND ADDITION; thence an an assumed hearing of South 72 degrees 51
minutes 50 secands West along a souttrava iy The of sold Outiat F and Its ecethwseterly extension, a distance of 100.00 feet: thence North 17
degree 05 minutes 10 seconds west, o dist—ca of 1DO.Da fret; thence Neth 72 degrees 51 minutes 50 seconds Eaet, a dist— of 100.00 feet;
th was South 17 degrees DB mOnutes 10 secunda East a distance of 100.00 fest to the point of beginning.
(THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF SLIMMERLYN 2ND ADDITION.)
• THIS SCETCH DOES NOT PURPORT TO 34OW THE E10STENCE OR NONERISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED
LAND, EASEMENTS OF REOCRD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND.
Pl Eew- wen'ng, P �dF �� Description Sketch for:
'fp avaa� rmatevesm: s�xa�
xemsarsasgha.eQtvwm. sa® F #TPII cOipOT3102-W-sby- nx1p
=20
5
175318
Memorandum
To: Daryl Morey, Planning Director
From: Frank Dempsey, AICP
Associate Planner
Date: March 7, 2014
Subject: Summerlyn 2nd Addition Final Plat
INTRODUCTION
City of Lakeville
Planning Department
U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the final plat
of Summerlyn 2nd Addition, which includes 37 single family lots located east of Dodd
Boulevard (CSAH 9) and north of 194th Street. The Summerlyn preliminary plat of 139 single
family lots was approved by the City Council on November 19, 2012. Summerlyn 151 Addition
was approved by the City Council April 1, 2013 and included 36 single family residential lots.
The lot, block and street design of the Summerlyn 2nd Addition final plat is consistent with the
approved preliminary plat. The final plat plans have been reviewed by Engineering Division
staff, Parks and Recreation Department staff and the Dakota County Plat Commission.
EXHIBITS
A. Aerial Photo Location and Zoning Maps (2 Pages)
B. Approved Summerlyn Preliminary Plat
C. Final Plat Cover Sheet
D. Final Plat and Area Sketch (3 Pages)
E. Grading and Erosion Control Plans (3 Pages)
F. Site Plan
G. Landscape Plan (2 Pages)
H. Development Area Subdivision Sketch
I. Dakota County Plat Commission letter dated February 28, 2014
PLANNING ANALYSIS
Zoning. The zoning of the property is RM -1, Medium Density Residential District which allows
single family homes subject to the RS -4, Single Family Residential District requirements.
Existing Conditions. The Summerlyn 2nd Addition final plat area consists of one metes and
bounds described parcel totaling 36.2 acres. The property includes rolling terrain that has
included row crop farming and a single family home with agricultural accessory buildings and
access from Dodd Boulevard.
Lot Area. Single family lots within the RS -4 District are required to provide a minimum lot
area of 8,400 square feet for interior lots and 10,200 square feet for corner lots. The area of
the lots within Summerlyn 2nd Addition meet the minimum square footage required.
Lot Width. The minimum lot width for single-family lots within the RS -4 District is 70 feet for
interior lots and 85 feet for corner lots. All lots meet the minimum lot width requirement.
Lot Depth. The minimum lot depth for RS -4 District lots abutting minor arterial Dodd
Boulevard is 150 feet. All lots meet the minimum lot depth requirement.
Setbacks. Setback requirements for single family lots in the RS -4 District are outlined below:
The proposed building pads meet the minimum setback requirements for interior, corner and
buffer yard lots.
Development Density. The Summerlyn 2nd Addition final plat consists of 36 single family lots
and one private recreational use lot for a total of 37 lots on 36.2 acres. This results in a gross
density of 2.46 units per acre. The net density, excluding road right-of-way and outlots is 3.77
units per acre.
Phasing. Summerlyn 2nd Addition is the second phase of the Summerlyn development
proposed by Lennar Homes. The first phase included 36 lots. A third and possible fourth
phase of Summerlyn will be located north of the first and second phase plats as identified in
the Summerlyn preliminary plat phasing plan.
Outlots. There are six outlots proposed with the Summerlyn 2nd Addition final plat.
Outlot A is 0.04 acres in area and is proposed for a subdivision identification
monument sign.
2
• Outlot B is 1.35 acres in area that will be deeded to the City for stormwater
management purposes.
• Outlot C is 4.40 acres in area and will be deeded to the City for greenway trail corridor,
wetland buffer and stormwater management purposes.
• Outlot D is 1.83 acres in area and will be deeded to the City for public park purposes to
be combined with the 2.67 acres dedicated to the City with the Summerlyn 1 St
Additional final plat.
• Outlot E is 0.33 acres in area and will be retained by the developer for future
acquisition by the County for Dodd Boulevard (CSAH 9) road improvements.
• Outlot F is 13.24 acres in area and will be retained by the developer for a future
development phase.
Private Pool/Park Lot. Lot 4, Block 4 will be retained by the developer for use as a private
homeowner's association maintained lot that will include a private swimming pool, recreation
building and playground equipment. A conditional use permit is required for this private
recreation area.
Access. Summerlyn 2nd Addition will have access from 194th Street via Indora Trail on the
south side of the plat in addition to Hillcrest Avenue to the east in Summerlyn 11 Addition.
Streets & Right -of -Way. Summerlyn 2nd Addition will include the construction of parts of
four local residential streets. Streets abutting or within the final plat area include the
following:
Dodd Boulevard (CSAH 9) is an arterial roadway as designated by the City's Transportation
Plan. Right-of-way and access to Dodd Boulevard is under the jurisdiction of Dakota County.
Outlot E includes a 15 foot wide strip that will be acquired by Dakota County for a future
roadway improvement project, currently identified in the County's and City's Capital
Improvement Plans for 2018. The Dakota County Plat Commission reviewed the Summerlyn
2"d Addition final plat as presented and will recommend approval to the County Board.
1941 Street is a 44 foot wide major collector street within 80 feet of right-of-way that connects
to Holyoke Avenue and Dodd Boulevard. An eight foot wide bituminous trail is located on
the north side and a five foot wide concrete sidewalk is located on the south side of the street.
No additional right-of-way is required for 194th Street.
HillcrestAvenue is a local street that will be 32 feet wide within 60 feet of right-of-way that will
connect the Summerlyn 1 sl
Addition and Summerlyn 2nd Addition. A five foot wide concrete
sidewalk will be constructed on the south side and a five foot wide concrete sidewalk on a
portion of the north side.
Indora Trail is a local street that will be a 32 foot wide street within 60 feet of right-of-way. A
five foot wide concrete sidewalk will be constructed on the west side of the street.
3
Impala Way is a local street that will be a 32 foot wide street within 60 feet of right-of-way. A
five foot wide concrete sidewalk will be constructed on the west side of the street. Driveway
access for Lot 7, Block 3 shall be from Impala Way only.
IcicleAvenue will be a 32 foot wide street within 60 feet of right-of-way. A five foot wide
concrete sidewalk will be constructed on the west side of the street.
Temporary Turnarounds. Temporary turnaround cul-de-sacs will be required Indora Trail
and Icicle Avenue. Temporary turnaround easements will be required from the developer
prior to release of the final plat. Future street extension signs shall be installed at the ends of
Indora Trail, Impala Way and Icicle Avenue.
Landscape Plan. Summerlyn 2nd Addition is adjacent to Dodd Boulevard, an arterial roadway
which requires a buffer yard screen in the rear yards of Lots 1-7, Block 1. The final plat
includes the installation of 36 trees as a buffer along Dodd Boulevard. Trees and shrubs will
also be planted adjacent to the stormwater ponds within the Outlots B and C and within the
private park facility. The buffer yard screen will include a mixture of eight foot tall Black Hills
Spruce and Austrian Pine trees in addition to Honey Locust shade trees. A $19,000 security is
required to guarantee installation of the buffer yard landscaping.
Park Dedication and Trails. The City's Park, Trail and Open Space Plan identifies a
neighborhood park in the vicinity of the Summerlyn plat. Summerlyn 1 st Addition dedicated
2.67 acres of park land. A 3.54 acre outlot deeded to the City with the Donnelly Farm plat will
be combined with the Summerlyn park land dedication for a total of eight acres. The
developer will meet the park dedication requirements with a combination of park land
dedication totaling 1.83 acres and a cash fee of $63,008.40 as calculated in the March 7, 2014
engineering report. This dedication will complete the dedication of park land for the
neighborhood park south of Hillcrest Avenue as identified with the approved preliminary
plat. The developer will also construct a segment of eight foot wide bituminous trail within
Outlot C for a trail connection between 194th Street and the park.
Tree Preservation. The Summerlyn preliminary plat tree preservation plan identified 91
significant trees within the boundaries of the site, mostly volunteer Box Elder, Green Ash and
Cottonwood trees. All trees within the plat area were removed with the site grading
approved with the preliminary plat.
Wetlands. Wetlands were identified within the Summerlyn preliminary plat through a
wetland delineation report dated June 18, 2012. Wetland delineation, impacts and
preservation is discussed in more detail in the March 7, 2014 engineering memo.
Grading, Drainage and Erosion Control. The final plat includes grading, drainage and
erosion control plans. Grading, drainage and erosion control is discussed in more detail in the
March 7, 2014 engineering memo.
E
Subdivision Identification Sign. The developer proposes the installation of a subdivision
identification sign within this final plat. The sign will be located within Outlot A near the
corner of 194' Street and Dodd Boulevard. The 0.04 acre outlot will be owned and
maintained by the Summerlyn homeowner's association. A sign permit must be approved by
the City prior to the installation of the subdivision identification sign.
RECOMMENDATION
The Summerlyn 2nd Addition final plat is consistent with the approved preliminary plat and
complies with the requirements of the Zoning and Subdivision Ordinances. Planning
Department staff recommends approval subject to the following conditions:
1. The recommendations listed in the March 7, 2014 engineering report.
2. Outlots B, C and D shall be deeded to the City with the final plat.
3. Five foot wide concrete sidewalks shall be constructed at the developer's expense as
shown on the approved final plat plans.
4. Landscaping shall be installed consistent with the approved landscape plan. A security in
the amount of $19,000 shall be submitted to guarantee installation of the approved
landscaping.
5. Sod shall be installed to the west property lines of Lots 1-7, Block 1.
6. Temporary turnarounds shall be required at the ends of Indora Trail and Icicle Avenue.
7. Future street extension signs shall be installed at the ends of Indora Trail, Impala Way and
Icicle Avenue.
8. Hillcrest Avenue shall be constructed between Summerlyn 11 Addition and Summerlyn
2nd Addition no later than November 30, 2014.
9. Driveway access for Lot 7, Block 3 shall be allowed only from Impala Way only.
10. A conditional use permit shall be required for the private recreation area.
11. A homeowners association shall be responsible for ownership and maintenance of the
subdivision monument sign and the private park on Lot 4, Block 4.
cc: Zach Johnson, City Engineer
Mark Hansen, Assistant City Engineer
Brett Altergott, Parks and Recreation Director
Mac Cafferty, Environmental Resources Manager
Joe Jablonski, U.S Homes Corporation
Nick Polta, Pioneer Engineering
5
Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 693 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 3/6/2014
EXHIBIT A
----___- ZONING MAP
RM -1
RST -2
RM -1
:::::::::::::::::::::::::::::::::::::::::::::::
RS
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Dakota County Surveyor's Office
Western Service Center * 14955 Galaxle Avenue suite # 335 - Apple Valley, MN 55124
952-891-7087 - Fax 952-891-7127 * www.dakotacounty.us
February 28, 2014
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: SUMMERLYN 2 No ADDITION
The Dakota County Plat Commission met on February 24, 2014, to consider the final plan of the above
referenced plat. The plat is adjacent to CSAH 9, and is therefore subject to the Dakota County
Contiguous Plat Ordinance.
The city, county and developer had a discussion prior to this meeting regarding drainage areas needed
for the reconstruction of CSAH 9. At this meeting, they discussed that Outlot C could potentially be
utilized for future drainage of CSAH 9 reconstruction. However, after further investigation of Clutlot C, it
appears there may be some issues and the expansion of Outlot B may be needed to accommodate the
future drainage needs. The city is planning to have a consultant evaluate the drainage in the area for
the future CSAH 9 reconstruction project. The city mentioned that potentially Lots 8-10, Block 1 may
need to be purchased for drainage. The grading plans for CSAH 9 will need to be completed by the
county around the end of March so the developer (Lennar) can work with the proposed grading with
their residential development.
The restricted access symbols should be moved to the east side of Clutlot E. With the future alignment
of CSAH 9 moving easterly, Outlot E is planned to be acquired from Lennar or land swapped with Lennar.
A quit claim deed to Dakota for restricted access is required with the recording of the plat mylars.
The Plat Commission has approved the preliminary plat provided that the described conditions are met.
The Ordinance requires submittal of a final plat for review by the Plat Commission before a
recommendation is made to the County Board of Commissioners.
Traffic volumes on CSAH 9 are 9,400 and are anticipated to be 15,000 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
EXHIBIT I
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,
7, pw;v
Todd B. Tollefson
Secretary, Plat Commission
"meow
Memorandum
To:
Frank Dempsey, Associate Planner
From:
Mark Hansen, Assistant City Engineer
Mac Cafferty, Environmental Resources Manager
Copy:
Zach Johnson, City Engineer
Gene Abbott, Building Official
Dennis Feller, Finance Director
Brett Altergott, Parks and Recreation Director
Date:
March 7,2014
Subject:
Summerlyn 2nI Addition
• Final Plat Report
• Erosion Control Plan Review
• Grading Plan Review
• Utility Plan Review
City of Lakeville
Engineering Division
Lennar Corporation has submitted a final plat named Summerlyn 2nd Addition. This is the second
phase of the Summerlyn Preliminary Plat approved by the City Council on November 19, 2012.
The subdivision is located west of Holyoke Avenue, east of and adjacent to Dodd Boulevard
(CSAH 9), north of and adjacent to 194 Ih Street and south of 1 901h Street. The parent parcel
consists of a single metes and bounds parcel. The parcel is zoned RM -1, Medium -Density
Residential District.
The final plat consists of thirty-six (36) single-family lots, one (1) lot intended for a private
neighborhood park facility, and six (6) outlots on 36.21 acres. The Developer is dedicating 1.63
acres for Dodd Boulevard right-of-way. The outlots created, shown on the final plat, will have the
following uses:
OutlotA: Monument sign location; to be retained by the Developer (0.04 acres)
Outlot B: Stormwater management basin; to be deeded to the City (1.35 acres)
Outlot C: Greenway Corridor, stormwater management basin,
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 2 OF 11
and wetland complex; to be deeded to the City
Outlot D: Neighborhood Park; to be deeded to the City
Outlot E: Future Dodd Boulevard (CSAH 9) right-of-way, to be retained
by the Developer
Outlot F: Future development; to be retained by the Developer
The proposed development will be completed by:
Developer: Lennar
Engineer/Surveyor: Pioneer Engineering
SITE CONDITIONS
(4.40 acres)
(1.83 acres)
(0.33 acres)
(13.24 acres)
The Summerlyn 2nd Addition site includes one existing homestead and four outbuildings. The
remainder of the site is undeveloped agricultural land with a few tree cluster areas. Some
grading work has already been performed on the site via a grading permit issued by the City
after preliminary plat approval. There is a delineated wetland along the south plat boundary that
extends north between the Summerlyn 11 and 2 n' Addition sites. The land generally slopes from
north to south with moderate to steep slopes.
Existing buildings and site improvements on the parent parcel are planned for removal in future
phases of development. The Developer shall perform these building removals according to all
applicable rules and regulations. A demolition permit shall be required for the building
removals. This includes the removal and abandonment of the onsite well and septic systems. A
security to ensure the removal of the onsite buildings, driveway, field entrance, and well and
septic systems will be not be collected with the final plat, but will be required if the developer
decides to perform grading work on Outlot F via a City issued grading permit.
STREET AND SUBDIVISION LAYOUT
Dodd Boulevard (CSAH 9)
Summerlyn 2nd Addition is east of and adjacent to Dodd Boulevard (CSAH 9), an arterial roadway
as identified in the City's Transportation Plan. Dodd Boulevard (CSAH 9) is under the jurisdiction
of Dakota County. The Developer is dedicating right-of-way as part of Summerlyn 2 n' Addition,
which will satisfy the County's right-of-way requirement.
A cash fee for the future upgrade of Dodd Boulevard will be collected with the final plat for the
length of the plat being final platted into lots and blocks adjacent to Dodd Boulevard. The fee is
calculated as follows:
946.76 f.f. x $72.00/ f.f. $68,166.72
Front Footage Along Dodd Blvd Dodd Blvd Assessment Rate Total
The City's and County's current (2014-2018) Capital Improvement Plans program the
reconstruction of Dodd Boulevard to a four lane divided urban roadway in 2018.
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 3 OF 11
19411 Street
Summerlyn 2 n' Addition is north of and adjacent to 19411 Street, a major collector roadway as
identified in the City's Transportation Plan. 19411 Street is constructed as a 44 -foot wide, two-lane
urban street with an 8 -foot wide bituminous trail along the north side, and a 5 -foot wide
concrete sidewalk on the south side. No additional right-of-way dedication or cash fee for the
future upgrade of 194 th Street is required.
Hillcrest Avenue
Development of Summerlyn 2nd Addition includes the construction of Hillcrest Avenue, a local
street. Hillcrest Avenue is designed as a 32 -foot wide, two-lane urban street with a 5 -foot
concrete sidewalk along the south side. A 300 -foot segment of Hillcrest Avenue along block 5
also has a 5 -foot concrete sidewalk along the north side. The Developer is dedicating the
req u i red 60 feet of rig ht -of -way.
Indora Trail, Impala Way and Icicle Avenue
Development of Summerlyn 2nd Addition includes the construction of Indora Trail, Impala Way
and Icicle Avenue, all considered local streets. Each street is designed as a 32 -foot wide, two-lane
urban street with a 5 -foot wide concrete sidewalk along one side of each respective roadway.
The Developer is dedicating the required 60 feet of right-of-way. Driveway access shall not be
allowed on the segment of Indora Trail from Impala Way to 194 1h Street. A "Future Street
Extension" sign and barricades must be placed at the north end of Indora Trail, Impala Way and
Icicle Avenue until each street is extended in the future. Temporary turnaround cul-de-sacs will
be required at the north ends of Indora Trail and Icicle Way within Outlot F. Temporary
easements will be required from the developer to accommodate these turnarounds.
The City reserves the right to increase the street sections at the time of construction based upon
site conditions. Building permits, except for model home permits as allowed by the zoning
ordinance, for Summerlyn 2nd Addition shall not be issued until the concrete curb and gutter and
bituminous base pavement have been installed.
CONSTRUCTION ACCESS
Construction access and egress for grading, public utility installation and street construction
shall be off of 19411 Street at Indora Trail.
PARKS AND TRAILS
The City's Parks, Trails and Open Space Plan designates the proposed plat area as the location for
a neighborhood park as well as a Greenway Trail Corridor adjacent to the wetland to the south
and east of the plat. The park area is contiguous to land that was previously deeded to the City
for park area with the Donnelly Farm development. The Park Dedication requirement has not
been collected on the parent parcels, and will be satisfied through a combination of land
dedication and cash contribution that will be paid with the final plat based on the Park
Dedication Fee in effect at the time of final plat.
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 4 OF 11
The gross density of Summerlyn 2 nd Addition is 2.46 lots/acre (37 proposed lots/1 5.01 acres). The
land dedication requirement for subdivisions with a gross density less than 3.0 lots/acre is 12%.
The land dedication and cash contribution requirements are estimated as follows:
Gross Area of Summerlyn 2n' Addition 36.21 Acres
Less Area of Delineated Wetlands
H2.07
Acres
Less Area of Outlot E
00.33
Acres
Less Area of Outlot F
H13.24
Acres
Less Area of Dodd Blvd. R/W Dedication
H1.63
Acres
Total Buildable Area
18.94
Acres
Land Dedication Requirement (12%) 2.27 Acres
Approximately 0.13 acres within Outlot C will be used for the Greenway Trail Corridor, as well as
1.83 acres for the neighborhood park in Outlot D. The Developer shall receive park area credits
for this land dedication. These two areas satisfy 86.3% (1.96 acres/2.27 acres) of the land
dedication requirement. The remaining 13.7% of the park dedication requirement for
Summerlyn 2nd Addition will be satisfied through a cash contribution, and will be based on the
rate in effect at the time of final plat. The fee shall be applied to lots based on the following
calculation:
37 units x 13.7% = 5.07
Total Single -Family Dwelling Units Remaining Portion of Park Dedication Total Number of Units
In Final Plat Not Satisfied Through Land Dedication Subject to Park Dedication Fee
The Park Dedication Fee for Summerlyn 2nd Addition final plat is calculated as follows:
5.07 units x $3,462.00/dwelling unit = $17,552.34
Single -Family Dwelling Units 2014 Park Dedication Fee Rate Total
Development of Summerlyn 2 n' Addition includes the construction of public bituminous trails
and public concrete sidewalks. Concrete sidewalks will be constructed along one side of all local
streets, as well as along Hillcrest Avenue southwest of Huxley Avenue where the sidewalk will be
constructed along both sides of Hillcrest Avenue, on the north side up to Icicle Avenue, and on
the south side up to Impala Way. All sidewalks will be constructed at 100% Developer cost.
A bituminous trail will be constructed north through the Greenway Corridor within Outlot C,
consistent with the Citys Parks, Trails and Open Space Plan with Summerlyn 2 n' Addition. The
Developer is responsible for 100% of grading and restoration for the Greenway Corridor trail. A
credit for the City's 3/8 1h portion of the trail construction cost (excluding grading and restoration)
shall be applied to the final plat cash fees.
A bituminous trail will be constructed along the east side of Dodd Boulevard from 194 th Street to
the north plat boundary at the time Dodd Boulevard is upgraded to a four lane divided urban
roadway. The Developer shall pay for the Developer's 5/8th portion of the trail construction cost
SUMMERLYN 2ND ADDITION
MARCH 7,2014
PAGE 5 OF 11
for a future trail along Dodd Boulevard between 194 th Street and the north plat boundary,
consistent with City policy. The cash fee will be based on an estimate provided by the
Developer's engineer, and will be applied to the Summerlyn 2nd Addition final plat cash fees.
This cash fee is calculated as follows:
$25,947.00 x 5/8 $16,216.88
Total Estimated Cost Developer's Trail Total
for Trail Construction Cost Portion
Along Dodd Blvd
The Developer shall receive a credit for the City's 3/8 1h portion of the trail construction cost
(excluding grading and restoration) for the Greenway Corridor trail north of 194 th Street and
within Outlot C. The credit is calculated as follows:
$15,822.00 x 3/8 $5,933.25
Total Estimated Cost City's Trail Total
for Greenway Corridor Trail Construction Cost Portion
North of 194th Street within Outlot C
The balance due the City for park dedication and trail improvements is calculated as follows:
Park Dedication Fee for Summerlyn 2nd Addition $ 17,552.34
Developer cash fee for Dodd Boulevard trail $ 16,216.88
Credit for Greenway Corridor trail H $ 5,933.25
Balance = $ 27,835.97
UTILITIES
SANITARY SEWER
Summerlyn 21 Addition is located within subdistrict ML07 of the Marion Lake sanitary sewer
district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be
conveyed via existing public sanitary sewer to the MCES Lakeville/Farmington Interceptor, and
continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream
facilities have sufficient capacity to serve the residential development.
Development of Summerlyn 2nd Addition includes public sanitary sewer construction. 8 -inch sanitary
sewer will be extended within the subdivision from existing sanitary sewer stubs to provide service
to the lots.
The Sanitary Sewer Availability Fee has been paid on the parent parcel.
WATERMAIN
Development of Summerlyn 2nd Addition includes public watermain construction. 8 -inch
watermain will be extended within the subdivision from existing watermain stubs to provide
service to the lots.
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 6 OF 11
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans.
OVERHEAD LINES
There are no overhead power lines or utility facilities located on the east side of Dodd Boulevard,
as well as the north side of 194th Street, and therefore no escrows shall be collected for the burial
of existing overhead utility lines.
DRAINAGE AND GRADING
The final plat of Summerlyn 2nd Addition lies within Subdistricts SC -63, SC -64, and SC -67 of the
South Creek Drainage District, as identified in the City's Water Resources Management Plan.
Development of Summerlyn 2nd Addition includes the construction of public stormwater basins,
and to collect and treat the stormwater runoff generated from the site. The stormwater basins will
provide water quality treatment, skimming and rate control of the stormwater runoff generated
within the Summerlyn 21 Addition subdivision. The public basins will be located within outlots B
and C (to be deeded to the City with the final plat).
An analysis of the hydrologic and hydraulic effects of the Donnelly Farm and Crescent Ridge
developments (located south of and east of Summerlyn 2nd Addition) led to revisions to the
subject subdistricts. The Stormwater Management Plan for the Summerlyn Is, Addition was
reviewed by Barr Engineering in a letter dated January 17, 2013. The proposed discharge for the
ultimate and interim designs for developments located north of 194 th Street (which includes
Summerlyn 2 nd Addition) has been shown to be consistent with requirements provided by Barr
Engineering. This Stormwater Management Plan requires the construction of wetland areas to
be located between the Summerlyn 1st and 2,d Additions and north of 194' Street in order to
meet requirements. While not considered a stipulation of final plat approval, the City will collect
a security with the final plat of Summerlyn 2 nd Addition in order to ensure wetland area
construction in 2014. The security will be based on a cost estimate provided by the Developer's
engineer for the wetland areas intended for use in the overall Stormwater Management Plan of
the Summerlyn subdivision.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots B
and C (excluding land designated as Greenway Corridor) to the City, consistent with City policy.
The credit is based on the area of the two outlots, and is calculated at the rate of $5,500.00 per
acre, and will be applied to the Summerlyn 2nd Addition final plat cash fees.
The final grading plan must identify all fill lots in which the building footings will be placed on fill
material. The grading specifications must indicate that all embankments meet FHA/HUD 79G
specifications. The Developer shall certify to the City that all lots with building footings placed
on fill material are appropriately constructed. Building permits will not be issued until a soils
observation and testing report has been submitted to the Building Official, and an as -built
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 7 OF 11
certified grading plan, including the buffer yard berms along Dodd Boulevard have been
submitted and approved by City staff.
A National Pollution Discharge Elimination System General Stormwater Permit for construction
activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre
being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be
submitted to the City upon receipt from the MPCA.
BUFFER YARD REQUIREMENTS
A buffer yard landscaping screen consistent with subdivision ordinance requirements shall be
provided for lots adjacent to Dodd Boulevard and 194 th Street. A certified as -built grading plan of
the buffer yard screening must be submitted and approved by City staff prior to the installation
of any buffer yard plantings.
STORM SEWER
Development of Summerlyn 2nd 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 basins located within Outlots B
and C.
Draintile construction is required in areas of non -granular soils within Summerlyn 21 Addition for
the street sub -cuts and lots. Any additional draintile construction, including perimeter draintile
required for building footings, which is deemed necessary during construction shall be the
Developer's responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and will be
paid with the final plat at the current rate in effect at the time of final plat. The Trunk Storm
Sewer Area Charge is calculated as follows:
Gross Area of Summerlyn 2nd Addition
Less Area of Outlot B (Public Stormwater Basins)
Less Area of Outlot C (Public Stormwater Basins and Wetland Complex)
Less Area of Outlot D (Public Parkland)
Less Area of Outlot E (Future Dodd Blvd Right -of -Way)
Less Area of Outlot F (Future Residential Development)
Less Area of Dodd Boulevard Right -of -Way
Total
584,744 s.f. x $0.167/s.f. = $97,652.25
Net Area of Surnmerlyn 2"1 Addition Area Charge Total
1,577,100 s.f.
H 58,986 s.f.
191,734 s.f.
H 79,700 s.f.
H 14,200 s.f.
576,732 s.f.
H 71,004 s.f.
584,744 s.f.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots B
and C (excluding land designated as Greenway Corridor) to the City, consistent with City policy.
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 8 OF I I
The credit is based on the area of the outlots, and is calculated at the rate of $5,500.00 per acre,
and will be applied to the Summerlyn 2 nd Addition final plat cash fees. The credit is calculated as
follows:
5.63 acres x $5,500/acre $30,965.00
Total Area of Outlots B and C Per Acre Credit Total
(excluding land designated as
Greenway Corridor)
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODIPLAIN ANALYSIS
Summerlyn 2nd Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the
Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas
in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WETLANDS
The wetland delineation for the site was conducted on May 9, 2012 by Arrowhead
Environmental Consulting. One wetland was identified within the project boundaries. The
majority of the wetland was cropland. The site was reviewed in the field by staff. The wetland
delineation was published for public notice and no comments were received. The delineated
boundaries as presented in the wetland delineation report dated June 18, 2012 are accurate and
acceptable for use in implementing the Wetland Conservation Act. The wetland delineation was
approved July 19, 2012.
A Technical Evaluation Panel was requested by the developer to discuss potential restoration
opportunities and water quality enhancements on the property. The meeting was held on
September 13, 2012 with representatives from Lennar, Pioneer Engineering, BWSR, Dakota
County SWCD, Vermillion River Watershed and USACE. TEP members were in support of the
restoration of the wetland, and felt it would not only benefit the wetland, but downstream South
Creek.
The Summerlyn development proposes 0.23 acres of wetland impact. The applicant plans to
replace the impacted wetland at a 2:1 ratio (0.47 acres) from the Thomas Mariska Bank (#1473) in
Waseca County, BSA #8, Major watershed #39 (Cannon). There are no credits available in BSA #8
and major watershed #38 (Dakota). The Summerlyn development includes restoring a large
portion of Wetland 1 that has been degraded by erosion of sediment and uncontrolled runoff.
The restoration will involve grading in Wetland I and seeding the area with native vegetation
which will increase wildlife habitat and water quality. A security for the wetland restoration will
be held until all work is completed and the project has final acceptance.
It is the applicant's responsibility to obtain proper wetland approvals from the U.S. Army Corps
of Engineers.
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 9 OF 11
TREE PRESERVATION
A tree preservation plan was submitted with the Summerlyn preliminary plat. The majority of the
trees on the site were Box Elder and Green Ash along agriculture ditches. All trees on the site
where removed during the grading of the site.
EROSION CONTROL
The erosion control plan was reviewed and includes the following:
A rock construction entrance is shown on the plan sheets, and included in the erosion
control notes.
A seed/mulch specification that meets City requirements.
All 3:1 slopes will be seeded and stabilized with fiber blanket.
Stormwater treatment areas will be graded first.
Silt fence will be installed to protect offsite areas from sediment transport.
Installation of erosion control at street curbs after utilities are installed.
Erosion control blanket is shown on all pond slopes.
Streets must be cleared of debris at the end of each day.
Pond Maintenance: A maintenance schedule for the first 2 years must be included in
the plans. This must include mowing 2 to 3 times, 30 days apart during the first year
with the mower deck about 6-8" off the ground. The second year, the pond areas
must be mowed once before weeds set their seeds.This will reduce weed
establishment and help stimulate the desirable vegetation.This will cut down on
maintenance in the long-term.
Inlet protection is identified on the plans.
Temporary ditch checks and erosion control blanket are shown in swales and ditches.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water District. 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 Summerlyn 2nd Addition. Construction costs are based upon the
January 22, 2014 estimate submitted by the Developer's engineer to the City on February 3,
2014.
CONSTRUCTION COSTS
Sanitary Sewer $ 165,682.25
Watermain 203,224.00
Storm Sewer 275,640.20
Street Construction 533,150.00
SUMMERLYN 2NO ADDITION
MARCH 7,2014
PAGE 10 OF I I
Erosion Control, Restoration and 52,293.50
Grading Certification
SUBTOTAL - CONSTRUCTION COSTS $ 1,229,989.95
OTHER COSTS
Developer's Design (6.0%)
$ 73,799.40
Developer's Construction Survey (2.5%)
30,749.75
City's Legal Expense (0.5%)
6,149.95
City Construction Observation (7.0%)
86,099.30
Developer's Record Drawing (0.5%)
6,149.95
Wetland Construction
147,765.76
Landscaping
19,000.00
Street Lights
9,800.00
Lot Corners/iron Monuments
4,300.00
SUBTOTAL - OTHER COSTS
$ 383,814.11
TOTAL PROJECT SECURITY
$1,613,804.06
The street light security totals $9,800.00 which consists of one mast -arm street light at
$1,400.00 each, and seven 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
$4,300.00. 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 $3,675.00, which includes four street/stop combination
signs, one speed limit with ordinance sign, one stop sign, three future thru street signs, and
twelve 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:
37 units x $8.14/unit/qtr. x 4qtrs. = $1,204.72
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:
37 units x $7.00/unit/qtr. x 4qtrs. = $1,036.00
Dwelling Units Surface Water Management Fee Total
SUMMERLYN 2 ND ADDITION
MARCH 7,2014
PAGE 11 OF 11
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:
43 lots x $75.00/unit $3,225.00
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
$36,899.70.
CASH REQUIREMENTS
Future Upgrade of Dodd Boulevard
Park Dedication Fee
Future Trail Along Dodd Boulevard north of 194 th Street
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
Greenway Corridor Trail North of 194 1h Street within Outlot C
Outlots B, C and D (Deeded to the City)
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS
TOTAL CASH REQUIREMENTS
RECOMMENDATION
$68,166.72
17,552.34
16 ' 216.88
97,652.25
3,675.00
1,204.72
1,036.00
3,225.00
36,899.70
$245,628.61
$5,933.25
30,965.00
$36,898.25
$208,730.36
Engineering recommends approval of the final plat, grading plan, utility plan and, erosion
control plan for Summerlyn 2nd Addition, subject to the requirements and stipulations within
this report.