Loading...
HomeMy WebLinkAboutItem 06.hLakeville - NEW 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 175265v4 I 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. 175265v4 2 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 175265v4 3 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 175265v4 4 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 175265v4 $ 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 175265v4 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 175265A 7 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 175265v4 g 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 175265v4 9 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 175265v4 9 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. 175265v4 10 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%) 175265A 11 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 175265v4 12 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: 175265v4 13 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 175265v4 14 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 .....:..................................................... ........................................................... ........................................................... .......................................................... ........................................................... .......................................................... ........................................................ .......................................................... .......................................................... .......................................................... R 1RD S Ar :>:: j :��' ` O. .RSr3 _ j �� - 11 R rA N tTj a 2 Flit uk z iV, *z lAz m z 10 it > , ;u n ;D m 0.- z -A E E U)> mc) Orn 1> Z I 10 -j r a E z z > Z a Z a 9 1 M it 2 2 m U, -C I L2 !R > ;v ;u ;u ;a F, N — — — — (A > > Rm 2 Flit uk z iV, *z lAz UN 10 it > , ;u n ;D m 2 Flit uk z iV, *z lAz UN 10 > r a ;u n ;D m 0.- z -A E E U)> mc) Orn 1> Z I 10 -j r a E 2 Flit uk z iV, *z lAz -ARSH — ---I --1 5a ST -7- AID aaws (D DO C'-' D a rn <1 % % OR :3 CD (D 0 3 3 0 0 p C) ''C' "-^K' 1071 1 H-, , I A F- — — — — — — — — — — — — CRE -1. (0 ESCEJ 4i RE -5 C ENT RIC -1E 0 c go fo 4 0 a pid E fo, —1 F -- — — — — — - —C -0111C A D -,: T: CN UN 10 > r a ;u n ;D m 0.- z -A E E U)> mc) Orn 1> Z 10 0 -ARSH — ---I --1 5a ST -7- AID aaws (D DO C'-' D a rn <1 % % OR :3 CD (D 0 3 3 0 0 p C) ''C' "-^K' 1071 1 H-, , I A F- — — — — — — — — — — — — CRE -1. (0 ESCEJ 4i RE -5 C ENT RIC -1E 0 c go fo 4 0 a pid E fo, —1 F -- — — — — — - —C -0111C A D -,: T: CN 1 1, 17 z E; T 0 -T 0 To Sir 0 00 0 18 M -J x 0 1 u I ----i __j 21 ;0 m w M 0, M M w 0 m > M C X c x X x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x M A z 0 1 cc� g"M > r > F A. C', �0- xM 0 > , I m x 0 x , 0 M M c) nm -nm 0) (n) t P PM 'm �m m� 5 5 5 z- 5 2 2 m- M!:M z > ZP 0 'U c m P, > > M > > > > 0 z M M J 2 2 no > M A.""CH , z >LO -0 > > 0 `9957�z-m<o M , 0 nn > z 0 P, 7) 71 - § -1 M zn < z z zM m- Sm M M >Z�Z--Zimm-lms> M > 1 0 ;u ::I >Z > ro 1 0 c > M M om, c z I z z o M> x :�>Z> M on-- 0 z z m M �0= > > z 0 0 < M z -ux,-MMMmmmxx=M.* rm 0 Px o-,, z 00 M 00 0 A M > Z M > Mp > x M 0 0 M cp 'o 0 oz R. >z- T 0 Lxc:cccc n0G4 -,2;0 M 2 2 Os� M �x Z, zzc: x>0 xw>,A no Inm P 0 XK:Ezmzzz 0-2�>m' zozz, R�OWK,i�, m,> > m 0 0 M- 0 0 100000-1 �Mz"o 0 0 M M . P M �u 1 7) 9: z o m 0 M M > z c M 0 M K , -0 c, Z5 zo o < 2 8 M 0 > M M c c::O"M: --: 0 Ic AMA >Z z Z, I , ;0 m r� , � , M Z m < 6 c 0 :E M r c m z M A m I M omm, A A > X (Z 6 o p cz) z ;u I R- > I x z M z o z Z M m 5, A 0A I c 0��>M 0 12mm �o 0 z Z Z M c A n z x Z M I M 0 0 M I - I Z Z M M ull 61 1. ITI OUNTY AT�!E Al� �-(PqW SOUL , EVA , RD) , -- ------------- ----- ------ :A\, Rx - IF lit - — — - — - — - — - — - -JMPAA-WAY- -7, A' BER, S - --------- v HORN BEAM t AVENUE mn- ON, 4 > (A it 5 0 SIR 16 -4 1 0 0 0 0 ji. va A" '30143\ ,4 Oil - --------- IS' Y, ------- ------- z > 0 u. ....................... S -K an a monmom Wasson as ....... ........ c� tj LA 7 Cn oPq L4J L,) L4) L4) C4) �-- -- i,-- -- �-- ',- > C �m 2�0 '68 N -..k .00 mcm m m M r-4 AM M 0 m 0 z .0 �,L',o m A 0 L4 C ;u > Fj SOO*03'44"W 586.70 , . _ �z Z� zo� M, 0, W, Do 0 z 0 L4 71 67 K > >) n m �> n, >� z > S72.5529', I C) 34, 2,97 00 J,- o m ­>o x I M, z , , 0 02 Z 0 �o 14 7F2,.4?0 > 00 'P9. m� z c: o> m m m z z z 0, o L� S�oo M o z'>'m 80. 0, 1, M M -7 Do (o 00 .�> 0 'F 'F 'F .0: (.q �4 V A 1� S' I I' M.. >Zl 5oc,, __E LINE OF THE NW 1/4 OF SEC 20, T 114, R 20 EXCEPTION A s oa u" W I 1 - u " 'o k m. >1 M om OF D D BLVD AS TRAVELED COUNTY STATE 14 8 88.99 STA TLE AA �j 0 AID HIGHWAY NO. 9 - >0- >� 0 L OF D�D­D m > xri,3; , , ; —(DODD BLVD) 0 M w A VILEP I V) MO 80 " c" ' X. OUTLOT E -'- a 4.46 o Z, _-TR 10 K;u m > 1 , V,� 0os -A 1503. m z Z 0 c: 0) (.P W, C, I, 11 m x n m '> 4) 00 Z, z w- Z> o IS FJ 0 0 0 L J o �A le (A >w zm w- z z > -,> z 4T c 0 SOO*02'03"W 375.00 > Fl INDORA RAIL b>_c Zz c co 0 CB-S41;1,p�.w -05 00 L�lo r- �,220 Do 2 08 > z 6 > c > L4 m -o-- �o z > ll� > 0 Z M 0) 4.00 20 z -7: > CID 0 V) L4 Lq U (.4 c: rq Ln 4h. (A 0 SOO*03'44"W 586.70 , . _ �z Z� zo� M, 0, W, Do 0 z 0 L4 71 67 K > >) n m �> n, >� z > S72.5529', I C) 34, 2,97 00 J,- m ­>o x I M, z , , 0 02 Z 0 �o 14 7F2,.4?0 > 00 'P9. z c: o> m m m z z z 0, o L� S�oo z'>'m 80. 0, 1, M M -7 M, .�> 0 0 9: �Km wo '. -0 M.. >Zl 5oc,, __E LINE OF THE NW 1/4 OF SEC 20, T 114, R 20 SOO*03'44"W 586.70 z -;i z Z �z, o o, 0. 'p, o" v , . _ �z Z� zo� M, 0, W, 0 * 0 z 0 o6s I,c) C t Cl. -oc,� K > >) n m �> n, >� z > Als I C) 34, 2,97 00 J,- m ­>o x I M, z , , 0 02 Z 0 �o 14 7F2,.4?0 00 'P9. 'c .-M>m z o> m m m z z z 0, o L� S�oo z'>'m 80. 0, 1, M M -7 M, .�> 0 0 9: �Km wo '. -0 M.. >Zl 5oc,, % OZ 'o so z z 0 0 x 0 M"=) ZlZ , = - u " 'o k m. >1 M om 0 :ZE m �m >zo z 11Z A - > T - >0- >� 0 io� m> m, . m > >, ZFl> mIP 0 M w mz OX20, z m I V) MO M AAk Z. Az =2� o Z, -'.:Ez, cm — El _ 10 K;u m > Im lz z Z W, C, C) '> U) > Z, z w- Z> o IS 0 L J >m >w zm w- z z > -,> z 4T 'm> M� > z Wo b>_c Zz c 0 x 0 z > L�lo r- > z 6 > c > =,Z "M, z > ll� > 0 Z M 20 z 0 > z -;i z Z �z, o o, 0. 'p, o" v w 0*03'44"W 238.74 o( 'c 0 z 0 o6s I,c) C t Cl. -oc,� 0 c') z > Als I C) 34, 2,97 00 J,- tp 0 61. 14 7F2,.4?0 00 'P9. V p o L� S�oo -7 z -;i z Z �z, o o, 0. 'p, o" v m 0 z F_ K) 0 c') z > I C) V C/) m ;;o F_ ®R m M, MA 0 71 v c I v Z Iz Dq L R 52 20 ,:22888 31 00'07'50" To 26819 - - - - - - 96.51 88537 7000 70o 4b LA 7000 9796 -3.9 --- ------ DRAINAGE ANO UTUTY 12375 79 72 L06 A EASEMENT 8 -7 P4 - - - - -- 110 lol"� 0 Aw cn - - - - - - - 7 00 it (A g cl" I 1 16 7\ lo L -!L4 2�0- - 6.11'06'43' 1 10 10L- /41 -io3o- C'� OA - i A- 1 C: \oo 6.? ___227 67 S03 OYW INDORA TRAIL 4 a .,I I- - 2LOL 7LOL Oj pl 6 70 00 0 0 jg� 16 A-05 3'43' 13 1 2008 ao 141t CD Ul \q ov. 43, if co 76-2i- - -J L 13 - 0-26- -J 7 18 - - - - -' 3062 --- NOS'29�24 L& 78 m All" J62 0 /f -4 gs, '59 6 0 /;F SS - L 68J2 '36 j L '>'00 -03% 0) IMPALA; R"'4"q 07 6' 2 13 4�3- 1"0,0 0 5,9-77- 'a'0412-04' 7677-- t (A 73'0 J6 a 41 4%. 1 30 &0" L14 9 30 NI L - ail 1.09, J 'cr 0. 15782 NIS j 10152 43 52 ".w 1 20 Fl I 0) ORA,, CY) 40t , A 41t&'D �>'? Nr 4,5 q--- ----- ----- N06*la,16-1: p N67�6c 3008, 20995 -"'�o' E Si471 3oVNIV82_ V69vt Ln ��51 A �_' -1 1. Ix 11 80 R-�30 5.00 101 &--03 3 2�" k6 oo �o "D cv. 10 34 20582 38088 85 A-01 .0 SOO*03'44"W 586.70 P. A-5 1 10 ZO >W IS mm > zs z c m�'oz P 0 Z_ X�z C 0 0 rc y >z 8 -0 m- 0 > oo'-2 , 0 r 11 2 lz 0 , z 0 0 , . , m 01 m mz � Ls > > z > OZ m 2 0 , X > W n > 4-02*,34'32- -m � A , " C" R- 730. 00 u 0 w C, m- r -lo > Z , 0. i M > 32. 8' z Z z 0 M -,>p 0 z z > omo > I T m -> cm) >m > m, >Z 0 0 >' 'z 3) lz c z M�E > m o Z > , X \\ \\ m > > 0 m> > z z z Z) oz z , 17� C-om> 1�o 61:0 K"�� mz m z 0 > 0 11) z � 1 0 C: ': C) 0 m '3 mz mz m'ot m z m< 0 K > > > 1 1, 'mmz c 0 > , I Z z > "o - c Z M 0 z ozo I C/O C: m ;:u F_ UOUNTY STATE AID HIGHWAY NO. 9 (DODD BLVD) OUTLOT E 6300.� 14200.f 0 0 3260oc 00 cn 4� (A 0, > 0 —FJ INDORA TR I L '5317 0 2208- " 0 00 O�T. FTI no 2 8 0399243�, 0- .0 0 C: �o Ul 009, > > 0 C/) C: m c) M 7— 0, 46 CA > 0 pi > z 0.0 z o o C) CO CD CD CD CD M m �u C) 0 0 0 � � � � � > C, U) > > > > z m w o z o > U, -P� L,) m 7u,� c 0 > z M 70 U) > > m 7u > M>M > �u > M > m > > V) c �D NJ LD -P� N) Ln --i – – K: � U F\) rj 0 0) (, C. cy) � 0, - - cy) 0 �,o C) ca - - m 0. ILI) .1 M, � > b C) 0 -j � (1) 00,2 ;;o U) � -, 0 Cf) Lo Ln U) Ln w 0 -9 -Tl V) U) A C) u, 0 �j 0 u 0 o o co -P� ul 0) -1 o 00 0. 00 > > > > > > > > > > C) nn,onnnnn .0 .0 r 7' 09-9 o N) 1,3 37,3 1 41 6 1 1 1 474 06',o A 8' TEP 2"'STEP I wo wo p 453 '496 52,6 C', 1 554 .. . . . . . . . . . . . . ,4G 6G I -j N�.Oo% 51 9\ 38.9 41 % 44.i' IN A G 5 496 G G 9 G wo wo wo wo W11 '44 378 6 LF= 5 LF= �,N 6% 9 5K 391 ��Z, 39 2 Yvo \W)� wo LID LD I 8"STEP AA 2 1:00% 425 NK �2 �A _IMPALA — WA' 2" —,g 2�\ b 7 """"n, �14 C)I I ;b T 1. NO > I z 3a 6- 3a 334: —fYrE /0 C', ol P 14. (A P Z" V Kz G? g 4- V/ A-6 9 L cD 2 9 o o) ZTZ L4 0 C4 Vix "\\Om o* > IT - oo.,\ I lo A 4� Cil IQ > —22-6 — LF=22 6' -V 2�266 5 v rn wm�4 z o 30.6 c) 0 _A 99Z �G 34 G > > z > > g 7, A F- m ci o �:g m �s .;,CD 'M 3: > m o oo o F'o ,zm , m a: X K ", > r "I I I oo > -jX , > >>zz I t < < e M Ln� 0 LL - N 11 O'D TO ? A L L A < L < < < > < F, 3: Q=l Fn Fn M86 46 A COUNTY STATE AID HIGHWAy XM ;ow >m >, Zm > >Z MZ A �o NO. 9 (DODD BOULEVARD) w x F- t VAULT �zr mr g 9-1 0, R. 1" 9 - !I x �?; 9 g g << �L4 17-- 1 0 0 it m c v --------- OUTLOT E vo 1* 00 z > 0 ow 998 100 X. OD c: X. V A 4 0 UI ic / ; 00 1 ak r. m 00 P 4� D-6-3 -,1 09.9 Ln V A v 01 x m m v 0 v 5 IR 9 m 0 00 z v LA a � 0 OU -2111.7 V 0�0 mo 65 1 0 E; 6 .9 A 14.9 98 CP < . ;- 6 0 , I I - 2 � v '97 6, V' �-o� �� A' S M 0 0 I< HP —r� r > A 2 0 0 H < r, & -,.ri t Ln > A 0 0 00 A Q0 0 4 wo 41 H Ln ;A .0c << 0 i5 !IF c. C) m x 0-1 t f < 14 Al . ........ ........ 77777'�� ...... 'o 'LL r obD W o-, En�m 0 c < E V CJ� 9>2 rL � 7 -mo CDI . A �n T 0 H> 0 z A > c > �j co 0 01 co A cap, < 1; A A Ice; ob A rl P, > om % um A ----------------- A > A A ------------ 0 A z A eT_ C) A A 0 A A > � > > 0'0 MW8 F P �lm FJ 10 :1 > Kzw > A g , D a > m m , 0 2 � m > 0 Ln 0 z A G 00 Rn - zo Fn F9 > z g � > > 300 '0 m r on 00 ;0 0 ;D 0 oz > z `158 > r4 F1 0 �j 00 �O 0 =1 0 o M, =1 , >� —0 0 � om 0 m 2z r z 10 00 rn F, M M I C-) � V) 0 0 m 0 g -Z ob—1 LO >� 00 0 .0 ;00 1>1 -0 0 F . m > .�;. > Ln r, 1 ;0 Fn co IM z o D 0 - Oz o o 80, Z�o > 00 > z -0 M F z �8 C) 11* i� Cl) 00 �j ez 0 o > Z >, 'o xzqz� z �O z > CD z 00 000 c z � > 0 z z M z 09 lox r m > mc, A U.-� m - ,� C) ;0 > 0 > , 0 Z> > 0 m z I Ln Z 0 I C-) � V) 0 0 m 02� ;u 020 2;0 0 MWO Dmo z R a) > m CD.> > mF > 0 x — . F . m N .�;. > - m . J;u - ;�� co z I -C M z. m. 5R2% �; �D Ix m 1z, on 5j o>, "M;o L,/) z 0, m g -z i �Z! �S V) (A > >�6 owz > > > 0 > z xzqz� z �O z > > 000 c z P 0 F 0, z 09 X 58 V) m � mc, > 0 - ,� C) > z > , z ;0 > Z> > 0 m m m I Z 0 I z 0 1z 0 Z C) Z 9 v -S 10 0 00 Mo 0-, m r ME R x F, A, z d 0 2 zT. 0 F 23 z ;u z3z ;0 LF4 c 0 c 0 co =Zj� =Z=1 0 > 8z 89 0 ;0 w M � 0 M m M — Ln M 18 0 r ;0 EQ n CD 0 CD 9- o m z I m Ln , m > �g > > c C 0 0 0 ?< 0 F1 > 0 > w 0 z z m m m 0 m M 0 0 cb m U) V) .010 psa TIC p P, z� >q >- z z z - ZY w bX LO m N P.R < F1 W Jmo >�Jz > C) z. m. 5R2% �; �D Ix M C) M -z i �Z! �S V) (A > 0 in in am w 0 0 0 0 0 0 a 0 0 Ez m am 0 0 m 0 0 0 M xzqz� z �O z T .010 psa p P, z� >q >- z z z - R ... w bX a m N P.R >�Jz > z. m. 5R2% �; �D Ix M 40 e, 1� 4, % MIS 44 x �O m m z MO p P, z� >q >- z z - > L/) R ... w bX m N -z i �Z! �S > 2 M xzqz� z �O z T qj Rz i,'� -u > gx 4R. >m U) m z Z 9 v -S 0-, m A, z 2 zT. 0 F N F �O m m z MO COUNTY STATE AID HIGHWAY NO. .0 9 (DODD BOULEVARD) A VAU T 9-g- 9 9 -g -g -g -g -D OUTLOT E ---------------- I I ---------- --------------- 7 -------- ------------- ---------- 1,/ 41 A 'd Z, m c V, "n" m Im 0 CID �j 1, 70 on m C 700 ,rn Km 0 > z -so co L* z -3- 0� A IL---------- L ..... Ij TF -7 h --------- 0 dd- OD fit ----------- P h N) 0) -0 OD c)) —F ---- O� (A '1/ 6" ---------- ------- 4� Url v cis 0 74 �,00 N) 7 _ED 0 j;j I )> ---Zoo g z 6 'j 4- j;7 L g co co 90, -.j OZL L T :9 ; , 700 'o ttj 667- 7000 0 0 r 0, t� Fn N) SIB. --------------- ,r -- ----------- ------- At L,4: Ln E! I ------------- --------- M, 0- -M -,2. �z x Ln 5z m C.) m o rn V, 0 la la rrj 3E 0 M s, ?F - - - - - - >> > Dot VA ,o 71 13 01 00NO > C, 6> ------------ > Oil > NQ)%Q rn 0% Q a) .1 OM ,:� T Mo ':� - ?0 0 z . ..... ZO J� 1 0 0 M A> 0, 0 -0>� M T 0 !r "zx ...m --4 9P - pw F� DIR > Ad m > Z;� >>M z z r 00> > > ;0:0 V) m Z:,: w 5\1 Mol 11111111111111111111111111 Lill III I — W—a -9 u I V A, jl�pqxtz%�� pxppl�a-O R -M 2 E g AM qa JAS 0.4 jR A 1 '0 p Aoo 'R A 3'r Fo A At Ai :34 lquJappW 'goil"11 'i vie. WMN I 9A qv 2 Will! �HU R-4 ;Imf �� AxA 411 Fig Z IS 14 0 m z 0 0 FT1 ---I F_ OR i i UTI, LWA V. Flo. -g- yl ;a gDal lm�,WA m m W m m.x IN IN zi ON 1111ROMBi 0 ma Fj :� CC) F Cf) M -u 77 1�� - - - - - - - - - - Mol 11111111111111111111111111 Lill III I — W—a -9 u I V A, jl�pqxtz%�� pxppl�a-O R -M 2 E g AM qa JAS 0.4 jR A 1 '0 p Aoo 'R A 3'r Fo A At Ai :34 lquJappW 'goil"11 'i vie. WMN I 9A qv 2 Will! �HU R-4 ;Imf �� AxA 411 Fig Z IS 14 0 m z 0 0 FT1 ---I F_ OR i i UTI, LWA V. Flo. -g- yl ;a gDal lm�,WA m m W m m.x IN IN zi ON 1111ROMBi 0 ma Fj :� CC) F Cf) M -u 77 1�� U) m 0 c r - m 0 m L> r - U) Fill __1 M m'" Ii 0.>M m Z11 - C: 0 FT] F_ FT1 xmmw ZZ.,. . ... .. ... ;;1) V) > m C) > m �11) m m N) IF FIFJ F_ IN A U) m 0 c r - m 0 m L> r - U) Fill __1 M m'" Ii 0.>M m Z11 - C: 0 FT] F_ FT1 xmmw ZZ.,. . ... .. ... ;;1) V) > m C) > m �11) m m N) IF FIFJ F_ IN U) -0 m U) X m W, W WM �8 A F" I A m., 0 M M m 7 T tx :EO, 1, ww� 0 m 0 0 A 0 > zz V) MOK, o 161 LR > �mm> - m ou K > rn .0� 0 > Rzo 8 O -Z 5, 0 z m 00, 0-m 0, - p V) 0 m a." c z OK 'r sd o" > 0 S -Z M C, C, X CP, 1,51) 'o -Z zm, .2 z z 22Z > 00 80 o 3, > z z co M.- mz M j, Mm M w I - '. r 0' 0 > >�, m -mv > Z M, M� Z mx 2 0> �� 9 " - -1 K M M > m 00 K m z Mm m Z oz A 0 C.) M > 5; 0 m 0 Q V) Fz, i, , . > x m "o O>m M80 c > z 0 > > 0 z z m . 0 - z m 0 >>L 0 o oz I z r, z 0 3- M > > > z r '1Z > 0 z z 1.0 0 r 0 m m > > 0 I TZ -> Z =1 o z 0 > W, mx z m mo > C) m 0 > c Z:E C) M m c m zo� MM v T M m o 0 M 0 > 0 0 a 1> I? m m z z 0 z lw z z X m 7- -7-J� ;0z �-z A > Z 4R > A 'Up z 13 0 > jo §,2g 2 l -T M Ae 2 'T �1A 0 U) > T, j. Nn 1, 1 IMO ig A c .F. cu 's r > z > 2 z z =1 C) > Z M� --L41 m C) > VU�l i 1, A A-* Ic a A t3 t'j zm NUE I ---------------------------------------- ----------- 0 DO r� 2 q I jzcm �cm �:r P,� �z X�z -2 P z r. I ---------------------------------------- ----------- 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.