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Home My WebLink AboutItem 06.i 2  2 3 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. ______ RESOLUTION VACATING PUBLIC RIGHT OF WAY WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public right of way vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public right of way. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public right of way is hereby vacated: The platted alley of Block 4 in Lenihan’s Lots Antlers Park lying northwesterly of the southwesterly extension of the line between Lots 12 and 13, Block 4, Lenihan’s Lots Antlers Park. AND 4th Street lying northeasterly of the northeasterly right of way line of Kenwood Trail per MNDOT Right of Way Plat No. 19-120 and lying southwesterly of the southwesterly line of vacated Taft Ave. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 7th day of April, 2014. 2 CITY OF LAKEVILLE BY:________________________ Matt Little, Mayor ATTEST: BY:________________________ 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 7th day of April, 2014 as shown by the minutes of said meeting in my possession. __________________________ Charlene Friedges City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 175531v4 1 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) KYLA CROSSING CONTRACT dated ____________________, 2014, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and CNC DEVELOPMENT, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Kyla Crossing (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 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 175531v4 2 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 two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve 175531v4 3 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 - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock 175531v4 4 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 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. 175531v4 5 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 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. 175531v4 6 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 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 four 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 175531v4 7 registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The 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 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. 175531v4 8 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 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 Kyla Crossing includes public storm sewer construction. The 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 within Outlots B, C, and D, Kyla Crossing. 175531v4 9 The trunk storm sewer area charge has not been collected on the parent parcels and must be paid at the time of final plat approval. The trunk storm sewer area charge is calculated as follows: 658,685 s.f. - 71,593 s.f. x $0.167/s.f. = $98,044.36 The Developer will receive a credit to the trunk storm sewer area charge for the conveyance of Outlots A, B, C, and D to the City, consistent with City policy. The $9,075.00 credit is based on the size of Outlots A, B, C, and D, is calculated at the rate of $5,500.00 per acre, and will be applied to the Kyla Crossing final plat cash fees. The resulting balance due the City for trunk storm sewer area charge for Kyla Crossing is calculated as follows: Trunk Storm Sewer Area Charge $98,044.36 Less Credit for Deeding Outlots A, B, C, and D to City of Lakeville 9,075.00 Balance Due $ 88,969.36 20. SANITARY SEWER AVAILABILITY CHARGE. Development of Kyla Crossing includes the construction of public sanitary sewer. Eight inch sanitary sewer will be extended within the subdivision from existing eight inch sanitary sewer located within Ipava Avenue at the intersection of 198th Street. The sanitary sewer area charge has been previously collected on the parent parcels; therefore no sanitary sewer availability charge will be collected. 21. LATERAL SANITARY SEWER ACCESS CHARGE. The lateral sanitary sewer access change for the sanitary sewer within Kenwood Trail right-of-way and Ipava Avenue right- of-way have not been collected on the parent parcels of Kyla Crossing and must be paid in cash at the time of final plat approval. Two of the parent parcels (PID No. 22-11500-181-05 and 22- 44900-05-282) were previously assessed for 600 feet when the property connected to City sewer. These assessments have been paid. The lateral sanitary sewer access charge is calculated as follows: 175531v4 10 (360 f.f. + 588.13 f.f.) x $39.00/Front Foot = $36,977.07 22. WATERMAIN. Development of Kyla Crossing includes public watermain construction. Eight inch watermain will be extended within the subdivision from the existing watermain located within the Ipava Avenue right-of-way, at the intersection of 198th Street, to provide service to the lots. A cash fee for the permanent abandonment of water services must be paid to the City in cash at the time of final plat approval for future maintenance related to the abandoned service repairs. There are nine services to be permanently abandoned, and the fee is $1,000 per water service, for a total of $9,000.00. These nine services are not able to be re-used in the Kyla Crossing Development. No credit shall be given to the Developer for the lateral watermain access charge. Final locations and sizes of all watermain facilities must be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook-ups for buildings within Kyla Crossing shall not be permitted until the as-built electronic files have been submitted and approved by City staff. Two of the parent parcels (PID No. 22-11500-05-181 and 22-44900-05-282) were previously assessed for 600 feet when the property connected to City water. These assessments have been paid. The lateral watermain access charge on the sections of Kyla Crossing that is adjacent to Kenwood Trail right-of-way and Ipava Avenue right of way has not been collected from the parent parcels and must be paid in cash at the time of final plat approval. The lateral watermain access charge is calculated as follows: (360 f.f. + 588.13 f.f.) x $38.40/Front Foot = $36,408.19 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision at 175531v4 11 198th Street via Ipava Avenue, by way of Kenwood Trail. No construction traffic is permitted on the adjacent local streets. 24. FUTURE UPGRADE OF KENWOOD TRAIL. A cash fee for the future upgrade of Kenwood Trail will be collected at the time of final plat approval. The fee is calculated as follows: 960 Feet x $72.00/Front Foot = $69,120.00 Outlot F will be conveyed to the City by deed with the Kyla Crossing final plat and acquired for $51,620.00, which is the purchase price that the City and Dakota County have agreed upon. The credit will be applied to the Developer’s future upgrade fee for Kenwood Trail. 25. PARK DEDICATION, TRAILS AND SIDEWALKS. The City’s Parks, Trails and Open Space Plan does not designate any area within Kyla Crossing as future park land. Development of Kyla Crossing includes the construction public bituminous trails and public concrete sidewalks. Five foot wide concrete sidewalks, with pedestrian curb ramps, must be constructed along the east side of Iris Way and the south side of 198th Street. The pedestrian curb ramps along Ipava Avenue at 198th Street must also be replaced in order to meet ADA standards. The City’s Parks, Trails and Open Space Plan identifies a ten foot wide bituminous trail along the north side of Kenwood Trail. The Developer must submit a cash escrow for 5/8’s of the future trail construction cost. The cash escrow, based on an estimate provided by the Developer’s engineer, must be submitted in cash at the time of final plat approval and is calculated as follows: $22,283.33 x 5/8 = $13,927.08 Future Trail Construction Cost (excluding grading and restoration) Developer’s Cost Share Total The future trail will likely be constructed at the time Kenwood Trail is reconstructed into a four-lane divided roadway. The sidewalk along 198th Street will also be extended to the west plat boundary to provide for a connection to the future trail along Kenwood Trail. 175531v4 12 The park dedication requirements have not been collected on the parent parcels of Kyla Crossing and will be satisfied through a cash contribution that must be paid at the time of final plat approval. The park dedication fee is calculated as follows: 40 units x $3,462.00/dwelling unit = $138,480.00 The balance due the City for park dedication is calculated as follows: Park Dedication Fee $138,480.00 Future Trail Construction along Kenwood Trail 13,927.08 Park Dedication Balance $152,407.08 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $1,500.00 must be paid at the time of final plat approval, which includes one stop sign with street blades and no outlet blades, one stop sign with street blades, one 30 MPH speed limit and ordinance sign, three 9-button delineators and one 9- button delineator with a “Future Thru Street” sign. If the street posts are installed in frost conditions, the Developer must pay an additional $150.00 at each street post location. A cash fee for one-year of streetlight operating expenses must also be paid at the time of final plat approval and is calculated as follows: 40 dwelling units x $8.14/unit/qtr. x 4 qtrs. = $1,302.40 27. 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: 40 dwelling units x $7.00/unit/qtr. x 4 qtrs. = $1,120.00 28. 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 175531v4 13 shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. 29. BUFFER YARD BERM/LANDSCAPE SCREEN. A buffer yard berm and landscaping screen with a combined height of 10 feet must be provided adjacent to Kenwood Trail and Ipava Avenue, as shown on the plans. A certified grading plan of the buffer yard berms must be submitted and approved by City staff prior to the installation of any buffer yard plantings. 30. TREE PRESERVATION. The Developer must post security for tree preservation on an individual lot basis for each lot containing a “save” significant tree. The security is $1,500 for each lot with a “save” significant tree and $1,000 for each outlot with a “save” significant tree and is calculated as follows: 175531v4 14 Block 1 Lots 1-7, 13, 14 and 18 10 Lots @ $1,500.00 each = $15,000.00 Outlot D 1 Outlot @ $1,000.00 = $ 1,000.00 Total = $16,000.00 Prior to the issuance of building permits in this plat, the Developer's forester shall certify that all trees designated to be saved on the tree preservation plan are saved or replaced in compliance with Subdivision Ordinance requirements. Prior to issuance of a building permit for homes on a lot with tree preservation, the builder shall post a $1,000.00 tree protection security and provide an individual lot tree preservation plan. The Developer shall submit an as-built tree preservation plan following site grading, street and utility construction. Af ter City staff has reviewed and approved the as-built tree preservation plan the security may be released. 31. WETLAND MITIGATION. The wetland delineation for Kyla Crossing was approved on December 4, 2013. Two wetlands were delineated on the site. The wetland impact proposed in Kyla Crossing consists of 0.08 acres of Type 1 wetland. The Developer will purchase 0.16 acres of wetland credits after final plat approval by the City. The Developer must post a security in the amount of $6,621.12 (0.16 acres of wetland impact x $41,382.00/acre). This security will be held until the wetland bank withdraw process has been completed. 32. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 2, 2014, engineering report. Before the City signs the final plat, the Developer shall convey Outlots A, B, C, and D to the City by warranty deed, free and clear of any and all encumbrances. This land will be conveyed to the City at an agreed upon price of $5,500.00 per acre as set forth in Section 19 above. Before the City signs the final plat, the Developer shall convey Outlot F to the City by warranty deed, free and clear of any and all encumbrances. This outlot will be 175531v4 15 conveyed to the City at an agreed upon price of $51,620.00 and shall be a credit against the Kenwood Trail Future Upgrade Fee as set forth in Section 24 above. D. The Developer must remove the existing overhead utility lines and utility poles that serve the existing homestead. A $1,000.00 security shall be submitted to ensure that the overhead lines and poles are removed per all applicable codes and regulations. E. Landscaping shall be installed consistent with the approved landscape plan. A security in the amount of $57,943.00 shall be submitted to guarantee installation of the approved landscaping. A $1,000 cash escrow must be submitted with the building permit applications for Lots 1 and 18, Block 1; Lot 1, Block 2; Lot 1, Block 4; and Lots 1-5, Block 5 to guarantee installation of the buffer rear/side yard sod. This escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of building permit. G. The Kyla Crossing development must comply with the following building setback requirements: Front (house) 20 feet Front (garage) 25 feet Side Interior 7 feet Side Corner 20 feet Side Buffer 30 feet Rear 30 feet Rear Buffer 50 feet H. The Developer must install a future street extension sign at the south end of Iris Way. I. The Developer must obtain a sign permit from the City prior to installation of any subdivision monument sign. The subdivision monument sign must be maintenance free and located outside of drainage and utility easements. J. The Developer shall install a temporary turnaround on the southeast end of Iris Way until it is extended with the development of the adjacent property. The temporary turnaround must be paved within one year of construction unless the roadway is extended. Before the City signs the final plat, the Developer shall furnish the City an 175531v4 16 appropriately executed public temporary turnaround easement, in recordable form, and shall also provide a cash escrow of $5,000 to guarantee removal and restoration of the temporary turnaround. K. The existing homestead, accessory buildings, irrigation systems, fuel tank, landscaping materials and fences shall be removed and the wells be abandoned with the development of Kyla Crossing. A $28,000 cash security is required at the time of final plat approval to ensure that this work is completed and certified per all applicable codes and regulations. The Developer shall obtain a building move and demolition permit from the Buildings Inspection Department prior to the building removal. The existing driveways, curb cuts and concrete aprons shall be removed with the development of Kyla Crossing. A $2,000.00 security is required at the time of final plat approval to ensure that this work is completed per City regulations. A permit from Dakota County is required prior to any work within Kenwood Trail right-of-way. L. Before the City signs the final plat, the Developer shall furnish the City an appropriately executed public temporary blanket drainage and utility easement, in recordable form, over Outlot E to allow the City access and maintenance until such time that the adjacent parcel is developed. M. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $4,600.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 46 lots/outlots at $100.00 per lot/outlots. 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 175531v4 17 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. N. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot for a total charge of $3,000.00. O. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $8,600.00 and consists of six post-top streetlights at $1,200.00 each and one mast arm at $1,400.00 each. P. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 33. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("security") for $1,196,325.73, plus a cash fee of $23,698.71 for City engineering administration. If an alternate security is furnished, the Developer shall also furnish a letter of credit for twenty-five percent (25%) of the alternate security amount to cover any contract increases. The amount of the security was calculated as follows: 175531v4 18 CONSTRUCTION COSTS: A. Sanitary Sewer $ 133,452.00 B. Watermain 140,040.00 C. Storm Sewer 163,405.00 D. Street Construction 262,674.90 E. Erosion Control, Stormwater Basin, Restoration and Grading Certification 90,385.00 CONSTRUCTION SUB-TOTAL $ 789,956.90 OTHER COSTS: A. Developer’s Design (6.0%) $ 47,397.41 B. Developer’s Construction Survey (2.5%) 19,748.92 C. City Legal Expenses (Est. 0.5%) 3,949.78 D. City Construction Observation (Est. 7.0%) 55,296.98 E. Developer’s Record Drawings (0.5%) 3,949.78 F. Landscaping 57,943.00 G. Remove Overhead Utility Lines and Poles 1,000.00 H. Remove Curb Cuts and Driveway Aprons 2,000.00 I. Wetland Bank Credits 6,621.12 J. Tree Preservation 16,000.00 K. Lot Corners/Iron Monuments 4,600.00 L. Streetlights 8,600.00 M. Future Removal of Temporary Turnaround 5,000.00 OTHER COSTS SUB-TOTAL $ 232,106.99 TOTAL SECURITIES: $ 1,022,063.89 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City 175531v4 19 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. 34. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication Fee $ 138,480.00 B. Future Trail Construction along Kenwood Trail 13,927.08 C. Kenwood Trail Future Upgrade Fee 69,120.00 D. Sanitary Sewer Access Charge 36,977.07 E. Lateral Watermain Access Charge 36,408.19 F. Trunk Storm Sewer Area Charge 98,044.36 G. Traffic Control Signs 1,500.00 H. Abandon Water Services 9,000.00 I. Remove Existing Homestead, Buildings, etc. 28,000.00 J. Streetlight Operating Fee 1,302.40 K. Surface Water Management Fee 1,120.00 L. City Base Map Updating Fee 3,000.00 M. City Engineering Administration 23,698.71 (3% for letters of credit) SUB-TOTAL - CASH REQUIREMENTS $ 460,577.81 CREDITS TO CASH REQUIREMENTS: Outlots A, B, C, and D (Deeded to City for Stormwater Management) $ 9,075.00 Outlot F (Deeded to City for Future Upgrade of Kenwood Trail) $ 51,620.00 175531v4 20 SUB-TOTAL – CREDITS TO CASH REQUIREMENTS $ 60,695.00 TOTAL CASH REQUIREMENTS $ 399,882.81 35. 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. 36. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City 175531v4 21 and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 37. 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. 175531v4 22 38. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except four 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. 175531v4 23 G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 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. The Developer must provide a Certificate of Insurance which meets the following requirements: 175531v4 24 1. The Description section of the Accord form needs to read “City of Lakeville is named as Additional Insured with respect to the General Liability and Auto Liability policies on a Primary and Non-Contributory Basis.” Each policy shall provide 30 days’ notice of cancellation to City of Lakeville. 2. Certificate Holder must be City of Lakeville. 3. Provide copy of policy endorsement showing City of Lakeville named as Additional Insured on a Primary and Non-Contributory Basis. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with 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. 175531v4 25 39. 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: 14750 Cedar Avenue South, Suite 100, Apple Valley, Minnesota 55124. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] 175531v4 26 CITY OF LAKEVILLE BY: _____________________________________ Matt Little, Mayor (SEAL) AND:____________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) 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 175531v4 29 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as KYLA CROSSING Lots One (1), Two (2), Three (3), Four (4), Thirteen (13), Fourteen (14), Fifteen (15), and Sixteen (16), Block Four (4), Lenihan’s Lots, Antlers Park, and the same description Antlers Park, and all the part of Lot or Block G Lenihan’s Lots, Antlers Park lying northwesterly of the line between Lots Twelve (12) and Thirteen (13) of said Block Four (4) as extended northeasterly, and South of a line parallel to and Three Hundred Fifty (350) feet south of the north line of said Lot G; all according to the plats thereof now on file and of record in the office of the Register of Deeds in and for Dakota County, Minnesota. AND Lots Eleven (11) and Twelve (12), Block Five (5), Antlers Park, according to the plat of record. AND Lots Three (3), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Twenty-one (21), Twenty-two (22), Twenty-three (23), Twenty-four (24), Twenty-five (25), Twenty-six (26), Twenty-seven (27) and Twenty-eight (28), Block Five (5), Lenihan’s Lots Antlers Park and the same description Antlers Park. AND Lot Four (4), Block Five (5), Antlers Park. AND Lots Fourteen (14), Nineteen (19) and Twenty (20), Block Five (5) in Lenihan’s Lots Antlers Park, according to the recorded plat thereof. AND Lots Thirteen (13), Sixteen (16), Seventeen (17) and Eighteen (18), Block Five (5) in Antlers Park, according to the recorded plat thereof. AND That part of Lot F in Antlers Park, according to the recorded plat thereof and that part of Lot G in Lenihan’s Lots Antlers Park, according to the recorded plat thereof, more particularly described as follows: Beginning at the northeast corner of said Lot F; thence West along the north line of said Lot F and along the north line of said Lot G to the northwest corner of said Lot G; thence southeasterly along the southwesterly line of said Lot G, 552 feet to a point which is 350 feet south of the north line of said Lot G; thence east and parallel to the said north line 460.9 feet; thence southeasterly 648.97 feet to a point on the east line of said Lot F, said point being 761.5 feet south of the point of beginning; thence north along the east line of said Lot F 761.5 feet to the point of beginning: EXCEPTING THEREFROM, all that part lying easterly of the following described line: Commencing at the northeast corner of said Lot F; thence on an assumed bearing North 89 degrees 47 minutes 51 seconds West, along the north line of said Lot F and along the north line of said Lot G, a distance of 382.13 feet to the actual point of beginning of the line to be 175531v4 30 described; thence South 23 degrees 18 minutes 37 seconds East a distance 222.74 feet; thence southerly along a tangential curve, concave to the west, having a radius of 679.30 feet and a central angle of 56 degrees 53 minutes 33 seconds a distance of 674.52 feet to the south line of said Lot F and there terminating. AND That part of vacated alley of Block Five (5), LENIHAN’S LOTS ANTLERS PARK and the same description ANTLERS PARK, lying between the northwesterly line between Lots Thirteen (13) and Twenty (20), as extended, and the southeasterly line of Lots Fourteen (14) and Nineteen (19), as extended. AND That part of vacated alley of Block Five (5), northeasterly of the centerline thereof lying between the northwesterly and southeasterly line of Lot Eighteen (18), as extended. AND That part of vacated alley of Block Five (5), lying between the northwesterly line between Lots Sixteen (16) and Seventeen (17), as extended, and the northwesterly line of Fourth Street. AND That part of Taft Avenue southwesterly of the centerline thereof lying between the northwesterly line of Lot Twenty (20), as extended, and the northwesterly line of Fourth Street, and that part of Taft Avenue northeasterly of the center line thereof lying between the north line of said Lot G, as extended, and the northwesterly line of Fourth Street. AND That part of Taft Avenue being and lying Northwesterly of Fourth Street in Lenihan’s Lots Antlers Park, also known as Antlers Park. AND The alley in Block Five (5), Lenihan’s Lots Antlers Park, also known as Antlers Park. AND Lot Fifteen (15), Block Five (5) in Antlers Park, according to the recorded plat thereof. AND The vacated Taft Avenue lying northwesterly of the northeasterly extension of the line between Lots 12 and 13, Block 4, Lenihan’s Lots Antlers Park, also known as Antlers Park. AND The vacated Alley of Block 4 in Lenihan’s Lots Antlers Park lying northwesterly of the southwesterly extension of the line between Lots 12 and 13, Block 4, Lenihan’s Lots Antlers Park. AND The vacated 4TH STREET lying northeasterly of the northeasterly right of way line of Kenwood Trail per MNDOT Right of Way Plat No. 19-120. 175545v1 (Reserved for Recording Data) WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Dated: _______________ FOR VALUABLE CONSIDERATION, CNC DEVELOPMENT, LLC, a Minnesota limited liability company, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows: Outlots A, B, C, D and F, Kyla Crossing, 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. 175562v1 1 (reserved for recording information) GRANT OF TEMPORARY DRAINAGE AND UTILITY EASEMENT CNC DEVELOPMENT, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary easement for public drainage and utility purposes over, across, on and through the property legally described as follows: Outlot E, Kyla Crossing, according to the recorded plat thereof, Dakota County, Minnesota. (the “Easement Premises”). TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and expiring when the property subject to this easement is final platted into lots and blocks or deeded to the City, together with the right of ingress to and egress from the Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention of the parties hereto that the Grantor hereby grants the uses herein 1 2       3 4 5 RST-2 RS-2 RS-3 RM-2 P/OS P/OS RS-2 RM-1 RST-2 RS-3 RS-2 OP O-R RM-1RS-3Lake Marion ITERI LN 199THSTW KENWOOD TRL I T E R I C T W I T ASCALN IDE A L WAY IRELAND WAY I R E L A N D W A Y I N D R A W A Y I P A V A A V E I P A V A A V E I T A L Y A V E ITERI PL ± EXHIBIT A City of LakevilleLocation and Zoning MapKyla Crossing Final Platand ROW Vacation Request ± City of LakevilleAerial MapKyla CrossingFinal Plat andROW Vacation Request EXHIBIT B K e n w o o d Trail(C S A H 5 0) I p a v a A v e Proposed Kyla Crossing Final Plat a nd ROW Vacation Request Ireland Way L E G A L D E S C R I P T I O N P R O V I D E D B Y C L I E N T L o t s O n e (1 ), T w o (2 ), T h r e e (3 ), F o u r (4 ), T h i r t e e n (1 3 ), F o u r t e e n (1 4 ), F i f t e e n (1 5 ) a n d S i x t e e n (1 6 ), B l o c k F o u r (4 ), L e n i h a n ’s L o t s , A n t l e r s P a r k , a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k , a n d a l l t h e p a r t o f L o t o r B l o c k G L e n i h a n ’s L o t s , A n t l e r s P a r k l y i n g n o r t h w e s t e r l y o f t h e l i n e b e t w e e n L o t s T w e l v e (1 2 ) a n d T h i r t e e n (1 3 ) o f s a i d B l o c k F o u r (4 ) a s e x t e n d e d n o r t h e a s t e r l y , a n d t h e S o u t h o f a l i n e p a r a l l e l t o a n d T h r e e H u n d r e d F i f t y (3 5 0 ) f e e t s o u t h o f t h e n o r t h l i n e o f s a i d L o t G ; a l l a c c o r d i n g t o t h e p l a t s t h e r e o f n o w o n f i l e a n d o f r e c o r d i n t h e o f f i c e o f t h e R e g i s t e r o f D e e d s i n a n d f o r D a k o t a C o u n t y , M i n n e s o t a . A N D L o t s E l e v e n (1 1 ) a n d T w e l v e (1 2 ), B l o c k F i v e (5 ), A n t l e r ’s P a r k , a c c o r d i n g t o t h e p l a t o f r e c o r d . A N D L o t s T h r e e (3 ), F i v e (5 ), S i x (6 ), S e v e n (7 ), E i g h t (8 ), N i n e (9 ), T e n (1 0 ), T w e n t y -o n e (2 1 ), T w e n t y -t w o (2 2 ), T w e n t y -t h r e e (2 3 ), T w e n t y -f o u r (2 4 ), T w e n t y -f i v e (2 5 ), T w e n t y -s i x (2 6 ), T a n d T w e n t y -e i g h t (2 8 ), B l o c k F i v e (5 ), L e n i h a n ’s L o t s A n t l e r s P a r k a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k . A N D L o t F o u r (4 ), B l o c k F i v e (5 ), A n t l e r s P a r k . A N D L o t s F o u r t e e n (1 4 ), N i n e t e e n (1 9 ) a n d T w e n t y (2 0 ), B l o c k F i v e (5 ) i n L e n i h a n ’s L o t s A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . A N D L o t s T h i r t e e n (1 3 ), S i x t e e n (1 6 ), S e v e n t e e n (1 7 ) a n d E i g h t e e n (1 8 ), B l o c k F i v e (5 ) i n A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . T h a t p a r t o f L o t F i n A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f a n d t h a t p a r t o f L o t G i n H e n i h a n ’s L o t s A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f , m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e n o r t h e a s t c o r n e r o f s a i d L o t F ; t h e n c e W e s t a l o n g t h e n o r t h l i n e o f s a i d L o t F a n d a l o n g t h e n o r t h l i n e o f s a i d L o t G t o t h e n o r t h w e s t c o r n e r o f s a i d L o t G ; t h e n c e s o u t h e a s t e r l y a l o n g t h e s o u t h w e s t e r l y l i n e o f s a i d L o t G , 5 5 2 f e e t t o a p o i n t w h i c h i s 3 5 0 f e e t s o u t h o f t h e n o r t h l i n e o f s a i d L o t G ; t h e n c e e a s t a n d p a r a l l e l t o t h e s a i d n o r t h l i n e 4 6 0 .9 f e e t ; t h e n c e s o u t h e a s t e r l y 6 4 8 .9 7 f e e t t o a p o i n t o n t h e e a s t l i n e o f s a i d L o t F , s a i d p o i n t b e i n g 7 6 1 .5 f e e t s o u t h o f t h e p o i n t o f b e g i n n i n g ; t h e n c e n o r t h a l o n g t h e e a s t l i n e o f s a i d L o t F 7 6 1 .5 f e e t t o t h e p o i n t o f b e g i n n i n g : E X C E P T I N G T H E R E F R O M , a l l t h a t p a r t l y i n g e a s t e r l y o f t h e f o l l o w i n g d e s c r i b e d l i n e : C o m m e n c i n g a t t h e n o r t h e a s t c o r n e r o f s a i d L o t F ; t h e n c e o n a n a s s u m e d b e a r i n g N o r t h 8 9 d e g r e e s 4 7 m i n u t e s 5 1 s e c o n d s W e s t , a l o n g t h e n o r t h l i n e o f s a i d L o t F a n d a l o n g t h e n o r t h l i n e o f s a i d L o t G , a d i s t a n c e o f 3 8 2 .1 3 f e e t t o t h e a c t u a l p o i n t o f b e g i n n i n g o f t h e l i n e t o b e d e s c r i b e d ; t h e n c e S o u t h 2 3 d e g r e e s 1 8 m i n u t e s 3 7 s e c o n d s E a s t a d i s t a n c e 2 2 2 .7 4 f e e t ; t h e n c e s o u t h e r l y a l o n g a t a n g e n t i a l c u r v e , c o n c a v e t o t h e w e s t , h a v i n g a r a d i u s o f 6 7 9 .3 0 f e e t a n d a c e n t r a l a n g l e o f 5 6 d e g r e e s 5 3 m i n u t e s 3 3 s e c o n d s a d i s t a n c e o f 6 7 4 .5 2 f e e t t o t h e s o u t h l i n e o f s a i d L o t F a n d t h e r e t e r m i n a t i n g . A N D L o t s F o u r t e e n (1 5 ), B l o c k F i v e (5 ) i n A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . A N D T h e v a c a t e d A l l e y o f B l o c k 5 i n L e n i h a n ’s L o t s A n t l e r s P a r k a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k A N D T h e v a c a t e d T a f t A v e n u e l y i n g n o r t h w e s t e r l y t h e n o r t h e a s t e r l y e x t e n s i o n o f t h e l i n e b e t w e e n o f L o t s 1 2 a n d 1 3 , B l o c k 4 , L e n i h a n ’s L o t s A n t l e r s P a r k . A N D T h e p r o p o s e d v a c a t e d A l l e y o f B l o c k 4 i n L e n i h a n ’s L o t s A n t l e r s P a r k l y i n g n o r t h e a s t e r l y o f t h e s o u t h w e s t e r l y e x t e n s i o n o f t h e l i n e b e t w e e n o f L o t s 1 2 a n d 1 3 , B l o c k 4 , L e n i h a n ’s L o t s A n t l e r s P a r k . A N D T h e p r o p o s e d v a c a t e d 4 T H S T R E E T l y i n g n o r t h e a s t e r l y o f t h e n o r t h e a s t e r l y r i g h t o f w a y l i n e o f K e n w o o d T r a i l p e r M N D O T R i g h t o f W a y P l a t N o . 1 0 -1 2 0 . L E G A L D E S C R I P T I O N P R O V I D E D B Y C L I E N T L o t s O n e (1 ), T w o (2 ), T h r e e (3 ), F o u r (4 ), T h i r t e e n (1 3 ), F o u r t e e n (1 4 ), F i f t e e n (1 5 ) a n d S i x t e e n (1 6 ), B l o c k F o u r (4 ), L e n i h a n ’s L o t s , A n t l e r s P a r k , a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k , a n d a l l t h e p a r t o f L o t o r B l o c k G L e n i h a n ’s L o t s , A n t l e r s P a r k l y i n g n o r t h w e s t e r l y o f t h e l i n e b e t w e e n L o t s T w e l v e (1 2 ) a n d T h i r t e e n (1 3 ) o f s a i d B l o c k F o u r (4 ) a s e x t e n d e d n o r t h e a s t e r l y , a n d t h e S o u t h o f a l i n e p a r a l l e l t o a n d T h r e e H u n d r e d F i f t y (3 5 0 ) f e e t s o u t h o f t h e n o r t h l i n e o f s a i d L o t G ; a l l a c c o r d i n g t o t h e p l a t s t h e r e o f n o w o n f i l e a n d o f r e c o r d i n t h e o f f i c e o f t h e R e g i s t e r o f D e e d s i n a n d f o r D a k o t a C o u n t y , M i n n e s o t a . A N D L o t s E l e v e n (1 1 ) a n d T w e l v e (1 2 ), B l o c k F i v e (5 ), A n t l e r ’s P a r k , a c c o r d i n g t o t h e p l a t o f r e c o r d . A N D L o t s T h r e e (3 ), F i v e (5 ), S i x (6 ), S e v e n (7 ), E i g h t (8 ), N i n e (9 ), T e n (1 0 ), T w e n t y -o n e (2 1 ), T w e n t y -t w o (2 2 ), T w e n t y -t h r e e (2 3 ), T w e n t y -f o u r (2 4 ), T w e n t y -f i v e (2 5 ), T w e n t y -s i x (2 6 ), T w e n t y -s e v e n (2 7 ) a n d T w e n t y -e i g h t (2 8 ), B l o c k F i v e (5 ), L e n i h a n ’s L o t s A n t l e r s P a r k a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k . A N D L o t F o u r (4 ), B l o c k F i v e (5 ), A n t l e r s P a r k . A N D L o t s F o u r t e e n (1 4 ), N i n e t e e n (1 9 ) a n d T w e n t y (2 0 ), B l o c k F i v e (5 ) i n L e n i h a n ’s L o t s A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . A N D L o t s T h i r t e e n (1 3 ), S i x t e e n (1 6 ), S e v e n t e e n (1 7 ) a n d E i g h t e e n (1 8 ), B l o c k F i v e (5 ) i n A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . T h a t p a r t o f L o t F i n A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f a n d t h a t p a r t o f L o t G i n L e n i h a n ’s L o t s A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f , m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e n o r t h e a s t c o r n e r o f s a i d L o t F ; t h e n c e W e s t a l o n g t h e n o r t h l i n e o f s a i d L o t F a n d a l o n g t h e n o r t h l i n e o f s a i d L o t G t o t h e n o r t h w e s t c o r n e r o f s a i d L o t G ; t h e n c e s o u t h e a s t e r l y a l o n g t h e s o u t h w e s t e r l y l i n e o f s a i d L o t G , 5 5 2 f e e t t o a p o i n t w h i c h i s 3 5 0 f e e t s o u t h o f t h e n o r t h l i n e o f s a i d L o t G ; t h e n c e e a s t a n d p a r a l l e l t o t h e s a i d n o r t h l i n e 4 6 0 .9 f e e t ; t h e n c e s o u t h e a s t e r l y 6 4 8 .9 7 f e e t t o a p o i n t o n t h e e a s t l i n e o f s a i d L o t F , s a i d p o i n t b e i n g 7 6 1 .5 f e e t s o u t h o f t h e p o i n t o f b e g i n n i n g ; t h e n c e n o r t h a l o n g t h e e a s t l i n e o f s a i d L o t F 7 6 1 .5 f e e t t o t h e p o i n t o f b e g i n n i n g : E X C E P T I N G T H E R E F R O M , a l l t h a t p a r t l y i n g e a s t e r l y o f t h e f o l l o w i n g d e s c r i b e d l i n e : C o m m e n c i n g a t t h e n o r t h e a s t c o r n e r o f s a i d L o t F ; t h e n c e o n a n a s s u m e d b e a r i n g N o r t h 8 9 d e g r e e s 4 7 m i n u t e s 5 1 s e c o n d s W e s t , a l o n g t h e n o r t h l i n e o f s a i d L o t F a n d a l o n g t h e n o r t h l i n e o f s a i d L o t G , a d i s t a n c e o f 3 8 2 .1 3 f e e t t o t h e a c t u a l p o i n t o f b e g i n n i n g o f t h e l i n e t o b e d e s c r i b e d ; t h e n c e S o u t h 2 3 d e g r e e s 1 8 m i n u t e s 3 7 s e c o n d s E a s t a d i s t a n c e 2 2 2 .7 4 f e e t ; t h e n c e s o u t h e r l y a l o n g a t a n g e n t i a l c u r v e , c o n c a v e t o t h e w e s t , h a v i n g a r a d i u s o f 6 7 9 .3 0 f e e t a n d a c e n t r a l a n g l e o f 5 6 d e g r e e s 5 3 m i n u t e s 3 3 s e c o n d s a d i s t a n c e o f 6 7 4 .5 2 f e e t t o t h e s o u t h l i n e o f s a i d L o t F a n d t h e r e t e r m i n a t i n g . A N D L o t s F i f t e e n (1 5 ), B l o c k F i v e (5 ) i n A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . A N D T h e v a c a t e d A l l e y o f B l o c k 5 i n L e n i h a n ’s L o t s A n t l e r s P a r k a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k A N D T h e v a c a t e d T a f t A v e n u e l y i n g n o r t h w e s t e r l y t h e n o r t h e a s t e r l y e x t e n s i o n o f t h e l i n e b e t w e e n o f L o t s 1 2 a n d 1 3 , B l o c k 4 , L e n i h a n ’s L o t s A n t l e r s P a r k . A N D T h e p r o p o s e d v a c a t e d A l l e y o f B l o c k 4 i n L e n i h a n ’s L o t s A n t l e r s P a r k l y i n g n o r t h e a s t e r l y o f t h e s o u t h w e s t e r l y e x t e n s i o n o f t h e l i n e b e t w e e n o f L o t s 1 2 a n d 1 3 , B l o c k 4 , L e n i h a n ’s L o t s A n t l e r s P a r k . A N D T h e p r o p o s e d v a c a t e d 4 T H S T R E E T l y i n g n o r t h e a s t e r l y o f t h e n o r t h e a s t e r l y r i g h t o f w a y l i n e o f K e n w o o d T r a i l p e r M N D O T R i g h t o f W a y P l a t N o . 1 0 -1 2 0 . K N O W A L L P E R S O N S B Y T H E S E P R E S E N T S : T h a t C N C D e v e l o p m e n t , L L C , a M i n n e s o t a l i m i t e d l i a b i l i t y c o m p a n y , o w n e r o f t h e f o l l o w i n g d e s c r i b e d p r o p e r t y : L o t s O n e (1 ), T w o (2 ), T h r e e (3 ), F o u r (4 ), T h i r t e e n (1 3 ), F o u r t e e n (1 4 ), F i f t e e n (1 5 ) a n d S i x t e e n (1 6 ), B l o c k F o u r (4 ), L e n i h a n ’s L o t s , A n t l e r s P a r k , a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k , a n d a l l t h e p a r t o f L o t o r B l o c k G L e n i h a n ’s L o t s , A n t l e r s P a r k l y i n g n o r t h w e s t e r l y o f t h e l i n e b e t w e e n L o t s T w e l v e (1 2 ) a n d T h i r t e e n (1 3 ) o f s a i d B l o c k F o u r (4 ) a s e x t e n d e d n o r t h e a s t e r l y , a n d S o u t h o f a l i n e p a r a l l e l t o a n d T h r e e H u n d r e d F i f t y (3 5 0 ) f e e t s o u t h o f t h e n o r t h l i n e o f s a i d L o t G ; a l l a c c o r d i n g t o t h e p l a t s t h e r e o f n o w o n f i l e a n d o f r e c o r d i n t h e o f f i c e o f t h e R e g i s t e r o f D e e d s i n a n d f o r D a k o t a C o u n t y , M i n n e s o t a . A N D L o t s E l e v e n (1 1 ) a n d T w e l v e (1 2 ), B l o c k F i v e (5 ), A n t l e r ’s P a r k , a c c o r d i n g t o t h e p l a t o f r e c o r d . A N D L o t s T h r e e (3 ), F i v e (5 ), S i x (6 ), S e v e n (7 ), E i g h t (8 ), N i n e (9 ), T e n (1 0 ), T w e n t y -o n e (2 1 ), T w e n t y -t w o (2 2 ), T w e n t y - t h r e e (2 3 ), T w e n t y -f o u r (2 4 ), T w e n t y -f i v e (2 5 ), T w e n t y -s i x (2 6 ), T w e n t y -s e v e n (2 7 ) a n d T w e n t y -e i g h t (2 8 ), B l o c k F i v e (5 ), L e n i h a n ’s L o t s A n t l e r s P a r k a n d t h e s a m e d e s c r i p t i o n A n t l e r s P a r k . A N D L o t F o u r (4 ), B l o c k F i v e (5 ), A n t l e r s P a r k . A N D L o t s F o u r t e e n (1 4 ), N i n e t e e n (1 9 ) a n d T w e n t y (2 0 ), B l o c k F i v e (5 ) i n L E N I H A N ’S L O T S A N T L E R S P A R K , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . A N D L o t s T h i r t e e n (1 3 ), S i x t e e n (1 6 ), S e v e n t e e n (1 7 ) a n d E i g h t e e n (1 8 ), B l o c k F i v e (5 ) i n A N T L E R S P A R K , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . T h a t p a r t o f L o t F i n A N T L E R S P A R K , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f a n d t h a t p a r t o f L o t G i n L E N I H A N ’S L O T S A N T L E R S P A R K , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f , m o r e p a r t i c u l a r l y d e s c r i b e d a s f o l l o w s : B e g i n n i n g a t t h e n o r t h e a s t c o r n e r o f s a i d L o t F ; t h e n c e W e s t a l o n g t h e n o r t h l i n e o f s a i d L o t F a n d a l o n g t h e n o r t h l i n e o f s a i d L o t G t o t h e n o r t h w e s t c o r n e r o f s a i d L o t G ; t h e n c e s o u t h e a s t e r l y a l o n g t h e s o u t h w e s t e r l y l i n e o f s a i d L o t G , 5 5 2 f e e t t o a p o i n t w h i c h i s 3 5 0 f e e t s o u t h o f t h e n o r t h l i n e o f s a i d L o t G ; t h e n c e e a s t a n d p a r a l l e l t o t h e s a i d n o r t h l i n e 4 6 0 .9 f e e t ; t h e n c e s o u t h e a s t e r l y 6 4 8 .9 7 f e e t t o a p o i n t o n t h e e a s t l i n e o f s a i d L o t F , s a i d p o i n t b e i n g 7 6 1 .5 f e e t s o u t h o f t h e p o i n t o f b e g i n n i n g ; t h e n c e n o r t h a l o n g t h e e a s t l i n e o f s a i d L o t F 7 6 1 .5 f e e t t o t h e p o i n t o f b e g i n n i n g : E X C E P T I N G T H E R E F R O M , a l l t h a t p a r t l y i n g e a s t e r l y o f t h e f o l l o w i n g d e s c r i b e d l i n e : C o m m e n c i n g a t t h e n o r t h e a s t c o r n e r o f s a i d L o t F ; t h e n c e o n a n a s s u m e d b e a r i n g N o r t h 8 9 d e g r e e s 4 7 m i n u t e s 5 1 s e c o n d s W e s t , a l o n g t h e n o r t h l i n e o f s a i d L o t F a n d a l o n g t h e n o r t h l i n e o f s a i d L o t G , a d i s t a n c e o f 3 8 2 .1 3 f e e t t o t h e a c t u a l p o i n t o f b e g i n n i n g o f t h e l i n e t o b e d e s c r i b e d ; t h e n c e S o u t h 2 3 d e g r e e s 1 8 m i n u t e s 3 7 s e c o n d s E a s t a d i s t a n c e 2 2 2 .7 4 f e e t ; t h e n c e s o u t h e r l y a l o n g a t a n g e n t i a l c u r v e , c o n c a v e t o t h e w e s t , h a v i n g a r a d i u s o f 6 7 9 .3 0 f e e t a n d a c e n t r a l a n g l e o f 5 6 d e g r e e s 5 3 m i n u t e s 3 3 s e c o n d s a d i s t a n c e o f 6 7 4 .5 2 f e e t t o t h e s o u t h l i n e o f s a i d L o t F a n d t h e r e t e r m i n a t i n g . A N D T h a t p a r t o f v a c a t e d a l l e y o f B l o c k F i v e (5 ), L E N I H A N ’S L O T S A N T L E R S P A R K a n d t h e s a m e d e s c r i p t i o n A N T L E R S P A R K , l y i n g b e t w e e n t h e n o r t h w e s t e r l y l i n e b e t w e e n o f L o t s T h i r t e e n (1 3 ) a n d T w e n t y (2 0 ), a s e x t e n d e d , a n d t h e s o u t h w e s t e r l y l i n e o f L o t s F o u r t e e n (1 4 ) a n d N i n e t e e n (1 9 ), a s e x t e n d e d . A N D T h a t p a r t o f v a c a t e d a l l e y o f B l o c k F i v e (5 ), n o r t h e a s t e r l y o f t h e c e n t e r l i n e t h e r e o f l y i n g b e t w e e n t h e n o r t h w e s t e r l y a n d s o u t h e a s t e r l y l i n e o f L o t E i g h t e e n (1 8 ), a s e x t e n d e d . A N D T h a t p a r t o f v a c a t e d a l l e y o f B l o c k F i v e (5 ), l y i n g b e t w e e n t h e n o r t h w e s t e r l y l i n e b e t w e e n o f L o t s S i x t e e n (1 6 ) a n d S e v e n t e e n (1 7 ), a s e x t e n d e d , a n d t h e n o r t h w e s t e r l y l i n e o f F o u r t h S t r e e t . A N D T h a t p a r t o f T a f t A v e n u e s o u t h w e s t e r l y o f t h e c e n t e r l i n e t h e r e o f l y i n g b e t w e e n t h e n o r t h w e s t e r l y l i n e o f L o t T w e n t y (2 0 ), a s e x t e n d e d , a n d t h e n o r t h w e s t e r l y l i n e o f F o u r t h S t r e e t , a n d t h a t p a r t o f T a f t A v e n u e n o r t h e a s t e r l y o f t h e c e n t e r l i n e t h e r e o f l y i n g b e t w e e n t h e n o r t h l i n e o f s a i d L o t G , a s e x t e n d , a n d t h e n o r t h w e s t e r l y l i n e o f F o u r t h S t r e e t . A N D T h a t p a r t o f T a f t A v e n u e b e i n g a n d l y i n g N o r t h w e s t e r l y o f F o u r t h S t r e e t i n L e n i h a n ’s L o t s A n t l e r s P a r k , a l s o k n o w n a s A n t l e r s P a r k A N D T h e a l l e y i n B l o c k F i v e (5 ), L e n i h a n ’s L o t s A n t l e r s P a r k , a l s o k n o w n a s A n t l e r s P a r k . A N D L o t s F i f t e e n (1 5 ), B l o c k F i v e (5 ) i n A n t l e r s P a r k , a c c o r d i n g t o t h e r e c o r d e d p l a t t h e r e o f . A N D T h e v a c a t e d T a f t A v e n u e l y i n g n o r t h w e s t e r l y t h e n o r t h e a s t e r l y e x t e n s i o n o f t h e l i n e b e t w e e n o f L o t s 1 2 a n d 1 3 , B l o c k 4 , L e n i h a n ’s L o t s A n t l e r s P a r k . i n L e n i h a n ’s L o t s A n t l e r s P a r k , a l s o k n o w n a s A n t l e r s P a r k A N D T h e v a c a t e d A l l e y o f B l o c k 4 i n L e n i h a n ’s L o t s A n t l e r s P a r k l y i n g n o r t h w e s t e r l y o f t h e s o u t h w e s t e r l y e x t e n s i o n o f t h e l i n e b e t w e e n o f L o t s 1 2 a n d 1 3 , B l o c k 4 , L e n i h a n ’s L o t s A n t l e r s P a r k . A N D T h e v a c a t e d 4 T H S T R E E T l y i n g n o r t h e a s t e r l y o f t h e n o r t h e a s t e r l y r i g h t o f w a y l i n e o f K e n w o o d T r a i l p e r M N D O T R i g h t o f W a y P l a t N o . 1 9 -1 2 0 . H a v e c a u s e d t h e s a m e t o b e s u r v e y e d a n d p l a t t e d a s K Y L A C R O S S I N G a n d d o h e r e b y d e d i c a t e t o t h e p u b l i c f o r p u b l i c u s e t h e p u b l i c w a y s a n d t h e d r a i n a g e a n d u t i l i t y e a s e m e n t s a s c r e a t e d o n t h i s p l a t . I n w i t n e s s w h e r e o f , s a i d C N C D e v e l o p m e n t , L L C , a M i n n e s o t a l i m i t e d l i a b i l i t y c o m p a n y , h a s c a u s e d t h e s e p r e s e n t s t o b e s i g n e d b y i t s p r o p e r o f f i c e r t h i s __ ________ d a y o f _____________________, 2 0 __ _. C N C D e v e l o p m e n t , L L C B y : __________ _______________ t h e _________________________ S T A T E O F M I N N E S O T A C O U N T Y O F _______ ________ T h i s i n s t r u m e n t w a s a c k n o w l e d g e d b e f o r e m e o n ___________________ _______________________, b y __________________ _______ t h e ___________ ______________ o f C N C D e v e l o p m e n t , L L C , a M i n n e s o t a l i m i t e d l i a b i l i t y c o m p a n y , o n b e h a l f o f t h e c o m p a n y . ____ __________________________________ ____ __________________________________ N o t a r y P u b l i c , ____________ ______________ M y C o m m i s s i o n E x p i r e s ____ ______________. I , H a r o l d C . P e t e r s o n , d o h e r e b y c e r t i f y t h a t t h i s p l a t w a s p r e p a r e d b y m e o r u n d e r m y d i r e c t s u p e r v i s i o n ; t h a t I a m a d u l y L i c e n s e d L a n d S u r v e y o r i n t h e S t a t e o f M i n n e s o t a ; t h a t t h i s p l a t i s a c o r r e c t r e p r e s e n t a t i o n o f t h e b o u n d a r y s u r v e y ; t h a t a l l m a t h e m a t i c a l d a t a a n d l a b e l s a r e c o r r e c t l y d e s i g n a t e d o n t h i s p l a t ; t h a t a l l m o n u m e n t s d e p i c t e d o n t h i s p l a t h a v e b e e n o r w i l l b e c o r r e c t l y s e t w i t h i n o n e y e a r ; t h a t a l l w a t e r b o u n d a r i e s a n d w e t l a n d s a s d e f i n e d i n M i n n e s o t a S t a t u t e s , S e c t i o n 5 0 5 .0 1 , S u b d . 3 , a s o f t h e d a t e o f t h i s c e r t i f i c a t e a r e s h o w n a n d l a b e l e d o n t h i s p l a t ; a n d a l l p u b l i c w a y s a r e s h o w n a n d l a b e l e d o n t h i s p l a t . D a t e d t h i s ________ d a y o f _____________________, 2 0 ___ __________________________________ ____________________________ H a r o l d C . P e t e r s o n , L i c e n s e d L a n d S u r v e y o r , M i n n e s o t a L i c e n s e N o . 1 2 2 9 4 S T A T E O F M I N N E S O T A C O U N T Y O F _______ ________ T h i s i n s t r u m e n t w a s a c k n o w l e d g e d b e f o r e m e o n ___________________ ________________________, b y H a r o l d C . P e t e r s o n . ____ ___________________________________ ____ ___________________________________ N o t a r y P u b l i c , ____________ _______________ M y C o m m i s s i o n E x p i r e s J a n u a r y 3 1 , 2 0 ___. C I T Y C O U N C I L O F L A K E V I L L E , M I N N E S O T A T h i s p l a t w a s a p p r o v e d b y t h e C i t y C o u n c i l o f L a k e v i l l e , M i n n e s o t a t h i s ________ d a y o f _________________, 2 0 ___, a n d h e r e b y c e r t i f i e s c o m p l i a n c e w i t h a l l r e q u i r e m e n t s a s s e t f o r t h i n M i n n e s o t a S t a t u t e s , S e c t i o n 5 0 5 .0 3 , S u b d . 2 . B y : ____________________________ ____________________________ M a y o r C l e r k D A K O T A C O U N T Y S U R V E Y O R I h e r e b y c e r t i f y t h a t i n a c c o r d a n c e w i t h M i n n e s o t a S t a t u t e s , S e c t i o n 5 0 5 .0 2 1 , S u b d . 1 1 , t h i s p l a t h a s b e e n r e v i e w e d a n d a p p r o v e d t h i s ________ d a y o f __________________, 2 0 ___. B y : ___________________________________ D a k o t a C o u n t y S u r v e y o r D A K O T A C O U N T Y B O A R D W e d o h e r e b y c e r t i f y t h a t o n t h e ________ d a y o f __________________, 2 0 ___, t h e B o a r d o f C o m m i s s i o n e r s o f D a k o t a C o u n t y , M i n n e s o t a , a p p r o v e d t h i s p l a t o f K Y L A C R O S S I N G a n d s a i d p l a t i s i n c o m p l i a n c e w i t h t h e p r o v i s i o n s o f M i n n e s o t a S t a t u t e s , S e c t i o n 5 0 5 .0 3 , S u b d . 2 , a n d p u r s u a n t t o t h e D a k o t a C o u n t y C o n t i g u o u s P l a t O r d i n a n c e . B y : ___________________________________ C h a i r , D a k o t a C o u n t y B o a r d A t t e s t : ___________________________________ D a k o t a C o u n t y T r e a s u r e r – A u d i t o r D A K O T A C O U N T Y D E P A R T M E N T O F P R O P E R T Y T A X A T I O N A N D R E C O R D S P u r s u a n t t o M i n n e s o t a S t a t u t e s , S e c t i o n 5 0 5 .0 2 1 , S u b d . 9 , t a x e s p a y a b l e i n t h e y e a r 2 0 ___ o n t h e l a n d h e r e i n b e f o r e d e s c r i b e d h a v e b e e n p a i d . A l s o p u r s u a n t t o M i n n e s o t a S t a t u t e s , S e c t i o n 2 7 2 .1 2 , t h e r e a r e n o d e l i n q u e n t t a x e s a n d t r a n s f e r e n t e r e d t h i s ________ d a y o f __________________, 2 0 ___. B y : ___________________________________ D i r e c t o r D e p a r t m e n t O f P r o p e r t y T a x a t i o n a n d R e c o r d s R E G I S T R A R O F T I T L E S , C O U N T Y O F D A K O T A , S T A T E O F M I N N E S O T A I h e r e b y c e r t i f y t h a t t h i s p l a t o f K Y L A C R O S S I N G w a s f i l e d i n t h e o f f i c e o f t h e R e g i s t r a r o f T i t l e s f o r p u b l i c r e c o r d o n t h i s _________ d a y o f ______________________, 2 0 ___, a t ______ o ’c l o c k ____. M . a n d w a s d u l y f i l e d i n B o o k _______________________ o f P l a t s , P a g e _______________________, a s D o c u m e n t N u m b e r _______________________. ___________________________________ R e g i s t r a r o f T i t l e s C O U N T Y R E C O R D E R , C O U N T Y O F D A K O T A , S T A T E O F M I N N E S O T A I h e r e b y c e r t i f y t h a t t h i s p l a t o f K Y L A C R O S S I N G w a s f i l e d i n t h e o f f i c e o f t h e C o u n t y R e c o r d e r f o r p u b l i c r e c o r d o n t h i s _________ d a y o f ______________________, 2 0 ___, a t ______ o ’c l o c k ____. M . a n d w a s d u l y f i l e d i n B o o k _______________________ o f P l a t s , P a g e _______________________, a s D o c u m e n t N u m b e r _______________________. ___________________________________ C o u n t y R e c o r d e r Dakota County Surveyor’s Office Western Service Center  14955 Galaxie Avenue suite # 335  Apple Valley, MN 55124 952–891–7087  Fax 952 –891–7127  www.dakotacounty.us March 14, 2014 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: KYLA CROSSING The Dakota County Plat Commission met on March 10, 2014, to consider the final plan of the above referenced plat. The plat is adjacent to CSAH 50, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed residential development is located northeasterly of CSAH 50 and westerly of Ipava Avenue. Restricted access is shown along all of CSAH 50. A quit claim deed to Dakota County is required for restricted access and should accompany the plat mylars at the time of recording. An internal access connection to the 2.5 acre parcel to the north along CSAH 50 was discussed. The city evaluated this and believes a connection is not feasible due to topography. The right-of-way needs are 150 feet of full width or 75 feet of half right of way for a four-lane divided roadway. The railroad located on the southwesterly right of way limits the future expansion of CSAH 50 on the south. Therefore, as discussed, future alignment of CSAH 50 will have to move northerly. The County and City will continue to work with the developer to obtain the additional strip of land (Outlot F) that will be purchased for future CSAH 50 right of way. In addition, the developer is required to provide a 15-foot trail, drainage, and utility easement over Lots 1-5, Block 5. The Plat Commission has approved the final plat provided that the described conditions are met and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission’s final approval. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission cc: City of Lakeville Engineering      KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 22 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 33 OOFF 1155   KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 44 OOFF 1155    KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 55 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 66 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 77 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 88 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 99 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 1100 OOFF 1155    KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 1111 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 1122 OOFF 1155       KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 1133 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 1144 OOFF 1155 KKYYLLAA CCRROOSSSSIINNGG FFIINNAALL PPLLAATT AAPPRRIILL,, 22 22001144 PPAAGGEE 1155 OOFF 1155