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Item 03
June 26, 2015 Item No. AVONLEA FINAL PLAT JUNE 29, 2015 SPECIAL CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the final plat of Avonlea; 2) a resolution designating "No Parking" areas and 3) an encroachment agreement. Passage of this motion will allow the development of 205 single family lots and 43 attached townhouse units as the first phase of the Avonlea planned unit development (PUD). Overview Mattamy Homes representatives have submitted a final plat application and plans for Avonlea, which proposes 205 single family lots, 43 attached row townhouse units, one common area (HOA) lot, a model home center, and 24 outlots on 192 acres of land located along Cedar Avenue (CSAH 23) south of the Central Maintenance Facility (CMF). The City Council approved the Avonlea preliminary plat, Comprehensive Plan amendment, and an ordinance establishing the Avonlea PUD at their April 6, 2015 meeting, and a Site Improvement Performance Agreement (SIPA) to allow the extension of trunk sanitary sewer and watermain from the Crossroads development, across the Devney property, and to the west side of Cedar Avenue to serve the first phase of the Avonlea development, at their April 20, 2015 meeting. The Metropolitan Council approved the Avonlea Comprehensive Plan amendment at their April 24, 2015 meeting. Primary Issues to Consider • Is the final plat consistent with the approved preliminary plat? • How is the developer meeting the park dedication requirement for this phase? • Why is an encroachment agreement needed? Supporting Information • Staff response to Primary Issues • Resolutions approving the final plat and designating "No Parking" areas • Encroachment Agreement • Development Agreement • Warranty Deeds • Temporary Turnaround and Drainage and Utility Easement Agreements • June 25, 2015 planning and engineering reports Daryl Morey, Planning Director Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances Community Values: Design That Connects the Community A Home for All Ages and Stages of Life Avonlea Final Plat June 29, 2015 Special City Council Meeting Page 2 Staff Analysis of Primary Issues • Is the final plat consistent with the approved preliminary plat? There are two minor changes to the final plat. • First, to accommodate Dakota County's right-of-way requirement for CedarAvenue (CSAH 23), some of the attached townhome buildings east of CedarAvenue had to be shifted to the east and one townhome unit was eliminated. • Second, the three -unit townhome building proposed in the model center (Lots 1-8, Block 12) located west of Cedar Avenue has been eliminated and will be replaced by additional single family models. • How is the developer meeting the park dedication requirement for this phase? Paragraph 23 of the development contract outlines the park dedication for this phase of the Avonlea development as well as for the overall PUD. in conjunction with the Avonlea final plat, the developer will be deeding 39.48 acres of the 59.4 acres of parkland dedication required for the entire Avonlea PUD. 38.99 acres will be located in the area of the Future City Community Park to be located west of CedarAvenue (CSAH 23) and south of 185th Street (CSAH 60). 0.49 acres of parkland will be dedicated within Outlot F (greenway corridor trail and wetland), which is being deeded to the City with the Avonlea final plat. Because the 38.99 acres for the Future City Community Park was not included in the approved preliminary plat, it cannot be included in the final plat as an outlot and will instead be created by administrative subdivision with a metes and bounds description. The 38.99 acres is also being deeded to the City in conjunction with the Avonlea final plat. The 39.48 acres of parkland dedication meets the park dedication requirement for the land within the entire Avonlea PUD currently owned by Mattamy Homes. Approximately 160 acres on the west side of the Avonlea PUD, located adjacent to HighviewAvenue and identified as Phases 3 and 4 in the Avonlea Master PUD Booklet, is currently owned by the Darrow-Kohls Family Ltd. Partnership. The developer will dedicate additional parkland to meet the park dedication requirements with subsequent final plat development phases. Ultimately, approximately 66.5 acres will be dedicated for the Future City Community Park. There will also be additional parkland dedication for the green way corridor trail with subsequent final plat development phases. The net parkland dedication exceeding the 59.4 acres required for the entire Avonlea PUD will be compensated to the developer, on a final plat by final plat basis, at the rate identified in Paragraph 23 of the Avonlea development contract. • Why is an encroachment agreement needed? The encroachment agreement will cover the landscaped median islands within the public street rights-of-way for Glenbridge Avenue, Green Gables Trail, and Gleaming Court. Under the encroachment agreement, the Avonlea HOA will be responsible for maintenance of the landscaped median islands. (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE FINAL PLAT OF AVONLEA WHEREAS, the owner of the plat described as Avonlea has requested final plat approval; and WHEREAS, the Avonlea preliminary plat and development stage PUD 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 approved preliminary plat with minor modifications; and WHEREAS, the final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The final plat of Avonlea is hereby approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby directed to sign the development contract, final plat mylars, and encroachment agreement. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 29th day of June 2015. 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 29th day of June 2015, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO: RESOLUTION DESIGNATING "NO PARKING" AREAS ON GLEAMING COURT, GLEAMING PATH, GREEN GABLES TRAIL, GRESFORD LANE, GREYHAVEN PATH, GOLDFINCH WAY, GLADSTONE TRAIL, AND GLASSFERN LANE WHEREAS, the City Council for the City of Lakeville is authorized in accordance with City Code to designate parking zones within the city, and WHEREAS, the sections of Gleaming Court, Gleaming Path, Green Gables Trail, Gresford Lane, Greyhaven Path, Goldfinch Way, Gladstone Trail, and Glassfern Lane in Avonlea will be constructed to a width of 28 feet to allow a single traffic lane in each direction with parking on one side only consistent with the approved street sections in the Avonlea planned unit development, and WHEREAS, establishing "No Parking" areas on Gleaming Court, Gleaming Path, Green Gables Trail, Gresford Lane, Greyhaven Path, Goldfinch Way, Gladstone Trail, and Glassfern Lane will discourage potential on -street parking, maintain sufficient access to the traffic lanes, provide increased sight lines for drivers, and reduce the interaction between vehicles and pedestrians. NOW, THEREFORE, BE IT RESOLVED, that one side of Gleaming Court, Gleaming Path, Green Gables Trail, Gresford Lane, Greyhaven Path, Goldfinch Way, Gladstone Trail, and Glassfern Lane shall be designated "No Parking" anytime. DATED this 29th day of June 2015. CITY OF LAKEVILLE By: ATTEST: Charlene Friedges, City Clerk Matt Little, Mayor [reserved for recording information] ENCROACHMENT AGREEMENT AGREEMENT made this day of 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"); MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership ("Mattamy") and AVONLEA HOMEOWNERS ASSOCIATION, a Minnesota nonprofit corporation ("HOA"). 1. BACKGROUND. Mattamy is the developer of Avonlea and desires to establish median islands located within the following City rights of way: Green Gables Trail, Gleaming Court, and Glenbridge Avenue ("City Rights of Way"). The median islands will be located in the areas legally described on the attached Exhibit A and depicted on the survey sketch attached hereto as Exhibit B ("Subject Properties'). Mattamy desires to landscape the Subject Properties. Mattamy and the HOA have agreed that the HOA will own and maintain the Subject Properties. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachments on the City Rights of Way in accordance with the plans on file with the City for the 182195v1 1 planting and maintenance of landscape material on the Subject Properties. The conditions of encroachment approval are as follows: • Mattamy shall plant, at its sole cost and expense, landscape material on the Subject Properties; • HOA will own and maintain the median islands and landscaping materials on the Subject Properties; and • HOA is responsible for any damage or removal of the median islands and landscape material on the Subject Properties due to maintenance or reconstruction of the public roadways within the City Rights of Way. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on the City Rights of Way, Mattamy and the HOA, their successors and assigns, hereby agree to indemnify and hold the City, its officers, employees and agents, harmless from any damage caused by the planting and maintenance ofthe landscape material on the Subject Properties. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the HOA thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The HOA shall remove the median islands and landscape material to the effective date of the termination of this Agreement. If the HOA fails to do so, the City may remove the median islands and the landscape material and charge the cost of removal back to the HOA for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Properties. [The remainder of this page has been intentionally left blank. Signature pages follow.] 182195vl 2 CITY OF LAKEVILLE I:• (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 2015, by Matt Little and Charlene Friedges, respectively 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 182195v1 3 MATTAMY MINNEAPOLIS LLC By: s: Y� STATE OF MINNESOTA )ss. COUNTY OF DAKOTA ) The foregoing instrum nt was acknowl d ed befo me this 2� day of �1� e , 2015, by me;;wA &r.—�� the of Mattamy Minneapolis LLC, a Delaware limited liability company, as successor by conversion to Mattamy (M' eapolis) Partners a Minnesota general partnership, on its behalf. RICHARD J PACKER Notary Public NOTARY PUBLIC MINNESOTA My Commission Expires Jan. 31, 2020 182195v1 AVONLEA HOMEOWNERS ASSOCIATION Its: STATE OF MINNESOTA ) )ss. COUNTY OF } The foregoing instrument was acknowledged before me this day of 2015, by , the of Avonlea Homeowners Association, a Minnesota nonprofit corporation, on behalf of said corporation. Notary Public DRAFTED BY: CAMPBELL KNUTSQN Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/cjh 182195v1 5 EXHIBIT "A" TO ENCROACHMENT AGREEMENT Green Space Area (A) A Green Space Area lying over, under and across that part of Green Gables Trail as dedicated on the plat of AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of Lot 8, Block 10, said AVONLEA; thence South 24 degrees 18 minutes 41 seconds West, assuming the west line of said Lot 8 bears South 11 degrees 30 minutes 12 seconds West, a distance of 39.12 feet to the point of beginning; thence southeasterly along a non-tangential curve concave to the southwest having a central angle of 35 degrees 24 minutes 36 seconds, a radius of 262.00 feet for an are distance of 161.92 feet, the chord of said curve bears South 62 degrees 41 minutes 18 seconds East; thence southerly along a compound tangential curve concave to the northwest having a central angle of 144 degrees 35 minutes 24 seconds, a radius of 24.00 feet for an arc distance of 60.57 feet; thence northwesterly along a compound tangential curve concave to the northeast having a central angle of 35 degrees 24 minutes 36 seconds a radius of 262.00 feet for an arc distance of 161.92 feet; thence northerly along a compound tangential curve concave to the southeast having a central angle of 144 degrees 35 minutes 24 seconds, a radius of 24.00 feet for an arc distance of 60.57 feet to the point of beginning. Green Space Area (B) A Green Space Area lying over, under and across that part of Gleaming Court as dedicated on the plat of AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said Lot 24, Block 10 said AVONLEA; thence North 38 degrees 54 minutes 37 seconds East, assuming the southeasterly line of said Lot 24 bears North 32 degrees 24 minutes 19 seconds East, a distance of 38.72 feet to the point of beginning; thence northwesterly along a non-tangential curve concave to the northeast having a central angle of 20 degrees 08 minutes 54 seconds, a radius of 122.00 feet for an arc distance of 42.90 feet, the chord of said curve bears North 52 degrees 53 minutes 08 seconds West; thence northeasterly along a compound tangential curve concave to the southeast having a central angle of 221 degrees 19 minutes 18 seconds, a radius of 24.00 feet for an arc distance of 92.71 feet; thence southeasterly along a reverse tangential curve concave to the northeast having a central angle of 20 degrees 32 minutes 44 seconds, a radius of 86.00 feet for an arc distance of 30.84 feet; thence southwesterly along a reverse tangential curve concave to the northwest having a central angle of 139 degrees 04 minutes 32 seconds, a radius of 10.00 feet for an arc distance of 24.27 feet to the point of beginning. 182195v1 6 Green Space Area (C) A Green Space Area lying over, under and across that part of Gleaming Court as dedicated on the plat of AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 39, Block 10 said AVONLEA; thence South 04 degrees 55 minutes 41 seconds East, assuming the west line of said Lot 39 bears South 00 degrees 23 minutes 37 seconds East, a distance of 36.11 feet; thence North 89 degrees 36 minutes 23 seconds East, a distance of 24.93 feet; thence southerly along a tangential curve concave to the northwest having a central angle of 244 degrees 05 minutes 06 seconds, a radius of 24.00 feet for an arc distance of 102.24 feet; thence northwesterly along a reverse tangential curve concave to the southwest having a central angle of 11 degrees 11 minutes 31 seconds, a radius of 111.00 feet for an arc distance of 21.68 feet; thence northerly along a reverse tangential curve concave to the southeast having a central angle of 127 degrees 06 minutes 25 seconds, a radius of 10.00 feet for an arc distance of 22.18 feet to the point of beginning. Green Space Area (D) A Green Space Area lying over, under and across that part of Glenbridge Avenue as dedicated on the plat of AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southeast corner of Outlot O, said AVONLEA; thence South 00 degrees 47 minutes 59 seconds West, assuming the east line of said Outlot O bears North 00 degrees 52 minutes 51 seconds West, a distance of 34.01 feet to the point of beginning; thence South 89 degrees 07 minutes 09 seconds West, a distance of 150.63 feet; thence westerly along a tangential curve concave to the southeast having a central angle of 8 degrees 56 minutes 53 seconds, a radius of 496.00 feet for an arc distance of 77.46 feet; thence southerly along a compound tangential curve concave to the east having a central angle of 171 degrees 03 minutes 07 seconds, a radius of 3.00 feet for an arc distance of 8.96 feet; thence North 89 degrees 07 minutes 09 seconds East, tangent to said curve a distance of 227.31 feet; thence northerly along a tangential curve concave to the west having a central angle of 180 degrees 00 minutes 00 seconds, a radius of 6.00 feet for an arc distance of 18.85 feet to the point of beginning.. 1821950 7 jol EXHIBIT "B" TO ENCROACHMENT AGREEMENT 182195A 8 (reserved far recording information) DEVELOPMENT AGREEMENT A voNLEA CONTRACT dated , 2015, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for AVONLEA (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. 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, unless allowed by a previously approved Site Improvement Performance Agreement (SI PA), the Developer may not construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the necessary insurance for the 182176viO 1 Developer and its construction contractors has beenreceived 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 Contractsfor such phases are approved by the City. 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 pons 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 I82176v]© 2 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 Lghting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shag 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 1. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Wails 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 182176vio 3 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 accordancewith City standards. In accordance with Minnesota Statutes 505.021, 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 constructon. 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 182176v1Q 4 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, 2015, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or Dakota County Soil and Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading 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 18217600 necessaryfor seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPGA 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 nine (9) model home permits in the model center on Lots 1 through 8, Block 12), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatmentlinfiltration 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 comer 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. 182176A0 6 Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. if the final grading, erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a 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. iszi7sv10 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 Avonlea includes the construction of public and private storm sewer. 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 management basins located within Outlots E, J, L, and U. The private storm sewer will be located within Outlot Q, as identified in the final plat plans. The private storm sewer shall be owned and maintained by a private management association. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels, and must be paid in cash at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows: Single Family Trunk Storm Sewer Area Charge Summary Gross Area of Avonlea 8,359,791.60 sf. Less Area of Outlot A (Future Development) (-) 302,169.53 sf. Less Area of Outlot B (Wetland Complex) (-) 22,103.91 sf. Less Area of Outlot C (Future Development) (-) 12,907.23 s.f. Less Area of Outlot D (Wetland Complex) (-) 131,728.00 sf. Less Area of Outlot E (Stormwater Management Basin) (-) 47,957.63 s#. Less Area of Outlot 1= (Wetland Complex) (-) 188,890.30 sf. Less Area of Outlot G (Wetland Complex and Greenway Corridor) (-) 151,546.10 sf. Less Area of Outlot H (Future Development) (-) 2,688,178.98 sf. Less Area of Outlot I (Wetland Complex) (-) 101,068.37 sf. Less Area of Outlot J (Stormwater Management Basin) (-) 130,462.21 sf. Less Area of Outlot K (Wetland Complex and Greenway Corridor) (-) 617,139.58 sf. Less Area of Outlot L (Stormwater Management Basin) (-) 108,729.53 sf. Less Area of O.ltlot N (Wetland Complex) (-) 44,737.69 s.f. Less Area of Outlot R (Wetland Complex) (-) 13,967.08 sf. Less Area of Oudot T (Future Development) (-) 243,865.33 sf. Less Area of Citlot U (Stormwater Management Basin) (-) 147,393.43 sf. Less Area of Outlot V (Wetland Complex) (-) 15,525.04 s.f. Less Area of Cedar Avenue (CSAH 23) Right -of -Way (-) 330,458.61 sL Less Area of Blocks 13, 14, 15, 16, 17, 18, 19, 21 and 22 (To be (-) 108,495.14 sL calculated at multi -family rate) Less Area of Outlot Q (To be calculated at multi -family rate) 0 138,411.37 sf. Less Area of C)utlot S (To be calculated at multi -family rate) (-) 20,137.08 sf. Less Area of Outlat X (To be calculated at multi -family rate) (-) 6,802.80 s.f. Total 2,787,116.68 sf. 182176v14 2,787,116.68 sf. Net Single Family Area of Avonlea x $0.178/s.f. = $496,106.77 Single Family Total Single Family Trunk Area Charge Storm Sewer Area Charge Multi -Family Trunk Storm Sewer Area Charm Summary Area of Blocks 13, 14, 15, 16, 17, 18, 19, 21, and 22 108,495.14 sf. Area of Outlot Q 138,411.37 sf. Area of Outlot S (+) 20,137.08 s.f. Area of Outlot X M 6,802.80 sf. Total = 273,846.39 sf. 273,846.39 sf. x $0.198/s.f. Net Multi -Family Area of Awnlea Multi -Family Area Charge $496,106.77 + $54,221.58 Total Single Farrily Trunk Total Multi -Family Trunk Storm Sewer Area Charge Storm Sewer Area Charge = $54,221.58 Totai Multi-Farnily Trunk Storm Sewer Area Charge = $550,328.35 Total Trunk Storm Sewer Area Charge Required The remainder of the Trunk Storm Area Charge will be collected at the time Outlots A, C, H, and T are developed, at the rate in effect at the time of final plat approval. The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots B, D, E, F, G, I, J, K, L, N, R, U, and V to the City, consistent with City policy. The credit is based on the area of the outlots, less the area of the existing City owned Drainage and Utility easement along Cedar Avenue and usable park area within Outlots G and K, and is calculated at the rate of $5,500 per acre, and will be applied to the Avonlea final plat cash fees, calculated as follows: (39.51 acres - 1.07 acres) x $5,500/acre = $211,422.84 Total Area of Outlots B, D, E, i; G. City owned Drainage Per Acre Credit Total I, J, K, L, N, R, U, andV and Utility Easement and usable park area within Outlots G and K. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 24. SANITARY SEWER AVAILABILITY CHARGE. Development of Avonlea includes the construction of trunk sanitary sewer. The Developer shall construct trunk sanitary sewer from an existing manhole located at the intersection of 179th Street and Gerdine Path. Eighteen (18) inch trunk sanitary 182176v1© 9 sewer shall be constructed on private property that is not included in the final plat or the PUD Master Plan. The Developer has negotiated a private agreement and obtained the necessary easements to construct, and for the City to maintain, the public sanitary sewer within private property. The 18 -inch trunk sanitary sewer will be extended across Cedar Avenue to the west plat boundary to serve the development, in accordance with the Comprehensive Plan. The City and Developer entered into a Site Improvement Performance Agreement (SIPA) to allow the Developer to construct the necessary trunk utility improvements, following preliminary plat approval. The Developer provided a $1,233,486.39 security with the SIPA for the Developer installed improvements. Eight inch sanitary sewer will be extended within the subdivision to provide sanitary sewer service to the development. The City will credit the Developer for the oversiAng of the trunk sanitary sewer in the development. The credit will be based on the cost difference betvueen eight inch sanitary sewer and the 18 - inch sanitary sewer that will be installed. A $206,762.00 credit will be applied to the Developer's final plat cash fees. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must be paid at the time of final plat approval. The fee is based on the current rate in effect at the time of final plat approval, calculated as follows: 249 units x $327.00 = $81,423.40 Tota! Units 2015 SanitarySewer Availability Charge Sanitary Sewer Per Unit Availability Charge required 21. WATERMAIN. Development of Avonlea includes the extension of public watermain. Watermain will be extended within the development to provide water service to the subdivision. The Developer shall extend 16 -inch trunk watermain along Cedar Avenue from an existing stub located south of 179'h Street and install 12 -inch trunk watermain along Glenbridge Avenue and 182nd Street, consistent with the Water Plan. The City will credit the Developer for the oversizing of the trunk watermain in the development. The credit will be based on the cost difference between 8 -inch, 12 -inch and 16 -inch watermain that will be installed. A $189,165.15 credit will be applied to the Developer's final plat cash fees. I82176v10 10 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision via the existing 181st Street tothe east of Cedar Avenue and at Glenbridge Avenue west of Cedar Avenue. 23. PARKS, TRAILS AND SIDEWALKS. All of the open space amenities within Avonlea are designed to allow for public access to other local and regional facilities as part of the City's overall parks, trails and open space system. The Avonlea Open Space Master Plan identifies 171.4 acres of open space, consisting of greenway corridors, public park area, wetlands, storm water basins and private HOA parks. Private HOA parks will not be credited against public park dedication requirements. The Avonlea Illustrative Master Plan shows that the approxii nate area to be acquired by the City for park purposes within the development, subject to preliminary and final plat approvals, as 17.5 net acres of greenviray corridor that is considered usable park area (less wetlands, wetland buffers, and stormwater basins) and 66.5acres for a Future City Community Park (which includes stormwater management) for a total of 84 acres of public park area. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through conveyance of property. For the Avonlea PUD Master Pian, the Developer is required to dedicate 59.4 acres of land at the medium density residential park land dedication requirement of 14% ("Required Land Dedication"). Except as otherwise provided herein, Developer will not be compensated for land dedication with any final plat that exceeds the amount required by statute or ordinance for a final plat and agrees to pre -dedicate land based on the land Developer owns within the PUD Master Plan. Within the first phase Developer is required to dedicate 15.37 acres. Developer will dedicate a total of 39.48 acres within the first phase, which exceeds the required dedication by .24.11 acres. The City will not reimburse Developer for excess land dedication in the first phase, but will reimburse Developer in accordance with the terms of this Contract in future phases. For any future phase of the Avonlea Plat, the City shall reimburse Developer for any land dedicated within the Avonlea Plat that exceeds the Required Land Dedication or that is a portion of the Required Land Dedication but attributable to land within the PUD Master Plan that Developer has not yet acquired. 182176v10 I The reimbursement rate during the first five years following the date of this Contract is $50,000.00 per acre; thereafter, the rate shall be based upon the current market value at the time of reimbursement. If the Developer and the City cannot come to an agreement on the current market value, then the current market value shall be based on an appraisal of the land by a qualified professional agreed to by both the Developer and the City. Only usable park land outside of wetlands, wetland buffers, stormwater basins, and County Road right-of-way is to be credited or compensated for park dedication purposes. City staff and the Developer have negotiated satisfaction of park dedication requirements bydedication of land within the Avonles plat as identified in the Avonlea PUD Booklet dated April 6, 2015. Developer shall convey Parcel A (the southerly portion of the Future City Community Park), consisting of 38.99 acres in area, as legally described in Exhibit B by limited warranty deed to the City with the final plat for the first phase of Avonlea, subject to City review and approval of the title and physical and environmental condition of Parcel A. The Developer shall provide a title commitment for Parcel A and shall Pay all costs associated with conveyance of Parcel A to the City. The Developer is also dedicating 0.49 acres as usable park space with the Avonlea final plat, (portion of Outlot F), to satisfy a portion of the Park Dedication requirement. The total park land dedication for the Avonlea final plat is 39.48 acres of the 59.4 acres required for the entire Avonlea Master Plan, as identified in the Avonlea PUD Booklet dated April 6, 2015. Parcel B (the northerly portion of the Future City Community Park) as legally described on Exhibit B will be conveyed by limited warranty deed to the City with the final plat of Phase 2, as identified in the Avonlea PUD Booklet dated April 6, 2015. The Developer shall provide the City with the first right to acquire Parcel B for $50,000/acre should the Developer not proceed with future phases beyond the Avonlea plat_ The net area of Parcels A and B will be determined at such time as the area of 185' Street (future CSAH 60) and Hamburg Avenue right-of-way, wetlands and buffers, and the stormwater basins at the northwest and northeast comers of Parcel B are established, as identified in the Avonlea PUD Booklet dated April 6, 2015, as these areas shall be excluded from the calculation of compensation paid to the Developer for park dedication requirements applicable to the entire Avonlea Master Plan, 182176v10 12 The Developer will be allowed to use material from Parcels A and B to balance the grading of the site with the development of Phase 2. A grading plan must be reviewed and approved by the City for the material to be excavated from Parcels A and B. Development of Avoniea includes the construction of public traits and sidewalks. Five foot wide concrete sidewalks, with pedestrian curb ramps, shall be installed along one side of all local streets except for the westerly Gleaming Court cul-de-sac. Bituminous trails shall be constructed along one side of Glacier Way and the east side of Cedar Avenue. The Developer is responsible for 100% of the grading and restoration for the bituminous trails. The Developer will receive a credit to the final plat cash fees for the City's 3f8'h share (excluding grading and restoration) of the trail construction costs along public streets, calculated as follows: $19,731.20 X 3/8 = $7,399.20 Estimated Trail Construction Gigs Share Total Credit to Cash Fees Cost A portion of the trail along the east side of Cedar Avenue will not be constructed with the final plat of Avonlea. The Developer shall provide the City with a cash escrow for its 5/8's share of the trail cost at the time of final plat approval, calculated as follows: $3,597.75 X 5/8 = $2,248.59 Estimated Trail Construction Developer's Share Total Cash Escrow Required Cost The trail will be constructed at the true a connection to the g'eenway corridor east of Cedar Avenue and south of the Awnlea plat is provided. The current City's Parks, Trails, and Open Space Plan identifies a greenway corridor traversing east/west through the area of the master plan. Construction of the trails for the greenway corridor within Outlots F and K is premature for City park purposes at least until the greenway corridor extends between Cedar Avenue and future Hamburg Avenue. The Developer will grade and establish the bench for the future trail corridor within Outlots F and K. The City is responsible to construct the base and surface in the future. 182176v10 13 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for traffic control signs in the amount of $38,000.00 must be paid at the time of final plat approval. Street signing consists of 15 stop signs with green street blades at $375 each, 2 stop signs with brown blades at $375 each, one stop sign with blades, no outlet, and arrows at $450, 4 stop signs at $250 each, one blade with arrows at $200, 20 nine button delineators at $100 each, 8 future through street signs at $75 each, 2 yield signs at $200, 2 one way signs with arrows at @200 each, 2 30 mph speed signs at $200 each, and 139 no parking signs at $175 each. If the street sign posts are installed during frost conditions, the Developer must pay an additional $150.00 for each street sign post location. A cash fee for one-year of streetlight operating expenses must be paid at the time of final plat approval and is calculated as follows: 249 units x $8.14/unit/qtr. x 4 qtrs. = $8,107.44 Dwelling Units Streetlight Operating Fee Total 25. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one-year of surface water management expenses must be paid at the time of final plat approval and is calculated as follows: 249 units x $7.00/unil/gtr. x 4 qtrs. = $8,972.00 Dwelling Units Surface Water Management Fee Total 26. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $344,030.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved pian. 27. BUFFER YARD BERM/LANDSCAPE SCREEN. A buffer yard containing earth berms and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height must be provided for all lots adjacent to Cedar Avenue. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. 28. WETLANDS. The wetland delineation approved on September 10, 2013, identified four wetland areas on the parent parcels. A wetland replacement plan was approved April 7, 2015. The replacement pian identified 0.17 acres of wetland impacts necessary for the development of the property. 182176vlO 14 The required replacement of 0.34 acres is proposed to be withdrawn from the Thomas Mariska Wetland Bank (Acct. # 1473) in Waseca County Major Watershed #38 in Bank Service Area #8. There are no credits available in major watershed #38 (Dakota). No wetland impacts can take place until the all of the requirements for the Wetland Conservation Act have been fulfilled. The Developer is responsible for the establishment of the wetlands, buffers and waterways. All previously disturbed wetland and wetland buffer shall be planted with a native seed mix. The Developer must post a $21,900.00 security at the time of final plat approval to ensure the seeding within Stream Buffer in Outlots F, G, I and K. The Developer must also post a $16,750.00 security at the time of final plat approval to ensure the seeding for Wetland Restoration in Outlot K. Native trees and shrubs will also be planted throughout the buffer areas. During the first five (5) full growing seasons, except where the City has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than ninety percent (90%). All wetlands, watercourses and required buffers will be placed in Outlots dedicated to the City, Natural Area signs will be placed along rear property lines adjacent to the wetlands, buffers and ponding areas. The Developer shall post a $9,000.00 security at the tkne of final plat approval to ensure the placement of Natural Area signs. The Developer and the City of Lakeville are coordinating with the Vermillion River Watershed Joint Powers Organization "VRWJPO" to improve the watercourses on site by increasing flood plain storage, re -meandering the stream, enhancing the vegetation, and decreasing the overall runoff rate from the site. The design will be completed by the Developer and reviewed by necessary agencies, and the improvements will occur concurrently with the construction of the plat. The City of Lakeville and the VRWJPO will enter into a Joint Powers Agreement (JPA) to provide funding for the project in 2015. The total cost of the project is estimated at $229,311. The VRWJPO will reimburse the City 100% of the cost of the improvements after the VRWJPO has inspected the improvements and determines that the work has been completed to the standards outlined in the JPA. The reimbursement will then be credited to the Developer's final plat cash fees. 29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: 182176v10 15 A. Implementation of the recommendations listed in the June 25, 2015, Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlots B, D, E, F, G, I, J, K, L, N, R, U, and V to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer shall install signage adjacent to Block 2 identifying that Hamburg Avenue will be constructed in future phases adjacent to the lots. D. The Developer shall install a temporary turnaround for Glacier Way located south of Lot 19, Block 24, Avonlea. At the time of final plat approval, the Developer must furnish the City an appropriately executed public temporary turnaround easement, in recordable form, and furnish a cash escrow in the amount of $21,415.75 for the future construction and extension of Glacier Way, sidewalk and trail to the east plat boundary. A "Future Street Extension" sign and barricades must be placed at the end of Glacier Way until the street is extended when the adjacent property to the east develops. The Developer must furnish a cash escrow in the amount of $2,000.00 at the time of final plat approval to ensure the removal and restoration of the temporary turnaround. E. The Developer shall install a temporary turnaround on the south end of Glenbridge Avenue until it is extended to the south with a future phase of the Avonlea development and will provide an access to the future 185th Street. A "Future Street Extension" sign and barricades must be placed at the end of Glenbridge Avenue until the street is extended in the future. The Developer must furnish a cash escrow in the amount of $2,000.00 at the time of final plat approval to ensure the removal and restoration of the temporary turnaround. F. 182nd Street will terminate at the intersection with Greyhaven Path and will extend in the future to provide an access to the future Hamburg Avenue. A "Future Street Extension" sign and barricades must be placed at the end of 182nd Street until the street is extended in the future. G. The Developer shall install a temporary turnaround on the south end of Glanshaw Avenue until it is extended to the south in the future. A "Future Street Extension" sign and barricades must be placed at the south end of Glanshaw Avenue and at the north end of Glanshaw Avenue 182176v10 16 north of 181" Street, until the street is extended in the future. The Developer must furnish a cash escrow in the amount of $2,000.00 at the time of final plat approval to ensure the removal and restoration of the temporary turnaround. H. The Developer shall install a temporary turnaround within a temporary public roadway easement at the west end of Greyhaven Path. A "Future Street Extension" sign and barricades must be placed at the end of Gresford lane and Greyhaven Path. The Developer must furnish a cash escrow in the amount of $2,000.00 at the time of final plat approval to ensure the removal and restoratgn of the temporary turnaround. I. Development of Avonlea includes the construction of a system of privately owned and maintained drives. The private drives are designed as 24 -foot wide, two-lane urban driveways providing access to the row townhomes east of Cedar Avenue. The private drives will extend from Glassfern lane. The private drives include the construction of a private parking lot within Outlot Q adjacent to Outlot X. The homeowners association is responsible for maintenance of the private drives and parking lot. J. Development of Avonlea includes landscaped median islands located within Glenbridge Avenue, Gleaming Court and Green Gables Trail.. These landscaped median islands will be privately owned and maintained by the homeowners association. The Developer must execute and deliver an encroachment and maintenance agreement with the City at the time of final plat approval providing for the landscaping within the median islands. Any damage or removal of the landscaping within the median islands due to maintenance or reconstruction of the public roadways shall be the homeowners association's responsibility. K. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed propertyto 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 $27,300.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 273 182176v10 17 lots/outlots at $100.00 per lot/outiots. 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. L. 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 $20,475.00. M. 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 $53,200.00 and consists of two (2) mast -arm street lights at $1,400.00 each and forty-two (42) post -top street tights at $1,200.00 each. N. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("security") for $7,746,931.71, plus a cash fee of $189,945.65 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: 182176v10 18 CONSTRUCTION COSTS: A. Sanitary Sewer $ 1,165,012.10 B. Watermain 822,132.85 C. Storm Sewer 2,350,642.00 D. Street Constructpn 1,892,263.68 E. Erosion Control and Restoration 101,471.10 CONSTRUCTION SuB-TOTAL $ 6,331,521.73 OTHER COSTS: A. Developer's Design (6.0%) $ 379,891.30 B. Developer's Construction Survey (2.5%) 158,288.04 C. City Legal Expenses (Est. 0.5%) 31,657.61 D. City Construction Observation (Est. 7.0%) 443,246.52 E. Developer's Record Drawings (0.5%) 31,657.61 F. Seeding within Stream Buffer in Outlots F, G, I and K 21,900.00 G. Seeding for Wetland Restoration in Outlot K 16,750.00 H. Natural Area Signs 9,000.00 i. Landscaping 344,030.00 J. Street Lights 53,200.00 K. Lot Comers/Iron Nbnuments 27,300.00 OTHER COSTS SUB -TOTAL $ 1,516,881.08 TOTAL SECURITIES: $ 7{746,931,71 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 reoeipt 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 182176v10 19 obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City's standard specifications for utility and street construction outline procedures for security reductions. 31. SUMMARY OF CASH REQUIREMENTS, The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Future E)dension of Glacier Way $ 21,415.75 B. Future Removal of Glacier Way Cul-de-sac 2,000.00 C. Future Removal of Glenbridge Avenue Cul-de-sac 2,000.00 D. Future Removal of Glanshaw Avenue Cul-de-sac 2,000,00 E. Future Removal of Greyhaven Path Cul-de-sac 2,000.00 F. Future Trail Construction along Cedar Avenue 2,248.59 G. Sanitary Sewer Availability Charge 81,423.00 H. Trunk Storm Sewer Area Charge 550,328,35 L Traffic Control Signs 36,000.00 J. Street Light Operating Fee 8,107,44 K. Surface Water Management Utility Fee 6,972,00 L. City Base Map Updating 20,475.00 M. City Engineering Administration 189,945.65 (3% for fetters of creditor 3.25% for alternate disbursement) Subtotal - Cash Requirermnts $ 924,915.79 CREDITS TO THE CASH REQUIREMENTS Outlots B,D,E,F,G,I,J,K,L,N,R,U, and V (Deeded tothe CRY) $ 211,422.84 (Trunk Storm Sewer) City's 318th Share of Trail Construction along Cedar Avenue and Glacier Way (Park Dedication) 7,399.20 Trunk Sanitary Sewer Oversizing (Trunk Water Fund) 206,762.00 Trunk Watermain Oversizing (Trunk Water Fund) 189,165.15 Subtotal - Creditsto the Cash Requirements $ 614`749.19 TOTAL CASH REQUIREMENTS $ 310,166.60 32. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is 18217600 20 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 fumished 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. 33. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction pians and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat, provided all costs are consistent with the City's development process. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Notwithstanding anything contained within Section 33.B, the Developer shall not be obligated to indemnify or defend the City from and against claims based on any negligence or willful misconduct by the City, its employees, agents or contractors, or the failure of the City to act in accordance with City ordinances and other applicable laws. 1 s2176v10 21 C. The Developer shall reimburse the City for costs incurred in the successful 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 ten (10) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC") City water connection charges, City sewer connection charges, and building permit fees. 34. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than ten (10) calendar days in advance. This Contract is a license for the City to act, and it shall not be necessaryfor 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. 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 18217600 22 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 ten -ns 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 nine (9) model homes on Lots 1 through 8, Block 12. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the constructbn 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 bythe City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this 1$2176v10 23 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 plaited; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. After the Developer has completed the work required of it under this Contract and has satisfied all financial obligations to the City under the Contract, at the Developer's request the City Administrator will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make a written request for a certificate applicable to an individual lot allowing a minimum of ten (10) business days for processing, provided the Contract is not in default and all terms and conditions of the Contract related to the individual lot have been satisfied. I. The Developer and contractor shall acquire commercial general 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. 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. 182176v10 24 2. Certificate Holier 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. The Developer and contractor shall obtain Workmen's Compensation Insurance in accordance with the laws of the State of Minnesota, including Employer's Liability Insurance, to the limit of $100,000.00 each accident. K. 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 anytime thereafter any other right, power or remedy. L. 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. M. 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. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 7201 Washington Avenue South, Edina, Minnesota. Notices to the City shall be in writing and shall be either hand delivered to the Cly Administrator, or mailed to the City by certified mail 182176v10 25 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 htentionally left blank. Signature pages folbw. ] 182176via 26 CITY OF LAKEVILLE BY: (SEAL) MR STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Matt Little, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2015, by Matt Little and by Charlene Friedges, the Mayor and City Cleric 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 182176v10 27 DEVELOPER: MATTAMY MINNEAPOLIS LLC STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The fob oing instrume s acknowledged before is day of 2015, by �,{,.i� the Of Mattamy Minneapolis LLC, a Delaware limited liability. -company, as successor by conversion to Mattamy (Minneapolis) Partnership, a Mnnesota gener"rtn� rsh n s ehaK .... RICHARD J PACKER NOTARY PUBLIC NO� ARY PU MINNESOTA My caMfd$ lon Dot*A Jan. 11, 2020 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Cune Eagan, MN 55121 Telephone: 651-452-500D AMP/cjh 182175vlO 28 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT PREMIER BANK, a Minnesota banking corporation, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this a(� day of 12015. PREMIER BANK By: +k �fg Its:_FV STATE OF MINNESOTA ) )ss. COUNTY O vl ) The foregoing instrument yyas acknowledged before me this day of 2015, by �jkFe., the Ems— of Premiere Bank, a Minnesota banking corporation, on behalf of said corporation. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 AMPlcjh 182176v10 29 OEM - JULIE K. DAWLSM NOTARY PU X C mm=� m MU&SOTA SSI 'Xf4'XS JAN 31.2000 11W - EXHIBIT "A" TO DEVELOPMENT CONTRACT Legal Description of Pioperty Being Final Platted as AVONLEA The North 48 rods of the West 1650.35 feet of the Northwest Quarter of Section 15, Township 114, Range 20, Dakota County, Minnesota, except that part platted as Cedar Avenue Park and Ride. •mr The South 138.42feet of the North 930.42 feet of the West 1650.35 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota. ALSO That part of the South 138.42 feet of the North 930.42 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota that Nes within the following described parcel: Beginning at the Southeast cornu of the West 1650.35 feet of said Northwest Quarter; thence north, along the east One of the west 1650.35 feet a distance of 1846.86 feet; thence southeasterly to a point on the south Ine of said Northwest Quarter which is 31.94 feet east of the point of beginning; thence west, along said south One, a distance of 31.94 feet to the point of beginning. •Vr The north 83.19 feet of the south 551.03 feet of the north 1481.45 feet of the west 1650.35 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota. ALSO That part of the north 83.19 feet of the south 551.03 feet of north 1481.45 feet of the Northwest Quarter of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota that lies within the following described parcel: Beginning at the southeast comer of the West 1650.35 feet of said Northwest Quarter; thence north, along the east One of the west 1650.35 feet a distance of 1846.86 feet, thence southeasterly to a point on the south Ine of said Northwest Quarter which is 31.94 feet east of the point of beginning; thence west, along said south One, a distance of 31.94feet to the point of beginning. AND The North Haf of the Northeast Quarter of Section 16, Township 114, Range 20, Dakota County, Minnesota. AND The South Haf of the Northeast Quarter of Section 16, Township 114, Range 20, Dakota County, Minnesota. 182176vio 36 EXHIBIT B LEGAL DESCRIPTION OF PARCEL A: The South 673.00 feet of the South Sixty-six and two-thirds rods of the North Half of the Southeast Quarter of Section 16, Township 114, Range 20, Dakota County, Minnesota. LEGAL. DESCRIP'T'ION OF PARCEL B: That part of the South Sixty-six and two-thirds rods of the North Half of the Southeast Quarter of Section 16, Township 114, Range 20, Dakota County, Minnesota, lying North of the South 673.00 feet of said South Sixty-six and two-thirds rods. 182176v10 .31 (Reserved for Recording Data) WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Dated: FOR VALUABLE CONSIDERATION, MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, 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, D, E, F, G, I, J, K, L, N, R, U, and V, Avonlea, 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. 182208v1 The consideration for this transfer was less than $500.00. MATTAMY MINNEAPOLIS LLC STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Th foregoing inst ent was ?cknowledged before 2015, by •� /;e� �a9,r-,� l�� the a day of ' Mattamy Minneapolis LLC, a Delaware limited liability companas success by conversion to Mattamy (Minneapolis) Partnership, a Minnesota general I ership, on its l eh lf. t. Check here if part or all of the land is Registered (Torrens) RICHARD J PACKER NOTARY PUBLIC WNNESOTAie My Commission Expires J::n. 31, 2020 THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 6511152-5000 AMP/cjh 182208v1 NOTARY PUBLIC PA 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 (Reserved for Recording Information) PARTIAL RELEASE OF MORTGAGE Date: , 2015 FOR VALUABLE CONSIDERATION, the real property in Dakota County, Minnesota, legally described as follows: Outlots B, D, E, F, G, I, J, K, L, N, R, U, and V, Avonlea, according to the recorded plat thereof, is hereby released from the lien of the Mortgage OWNED BY THE UNDERSIGNED, executed by Mattamy (Minneapolis) Partnership, as Mortgagor, to Premier Bank, a Minnesota corporation, as Mortgagee, dated April 21, 2014 and filed for record April 22, 2014, with the Dakota County Recorder as Document No. 3008177. PREMIER B K By: * k' Its: i.� - P STATE OF MINNESOTA ) )ss. COUNTY OF HAS A ) -Thg foregoing in ent was acknowledged before me this -X day of '�- 2015, by �j ��MA /fit V � of Premier Bank, a Minnesota corporation, on behalf of said corporation. Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 182212v1 JULIE K. DAWILWW NOTAR Y PUBLIC MY COWWIO EX SOTA PWjfS JAN 31, 2Wo (Reserved for Recording Data) LIMITED WARRANTY DEED STATE DEED TAX DUE HEREON: $ Dated: , 2015 FOR VALUABLE CONSIDERATION, MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, Grantor, hereby conveys and quitclaims to the CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows: The South 673.00 feet of the South Sixty-six and two-thirds rods of the North Half of the Southeast Quarter of Section 16, Township 114, Range 20, Dakota County, Minnesota. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. This Deed conveys after-acquired title. Grantor warrants that Grantor has not done or suffered anything to encumber the property, EXCEPT: 1. Building and zoning laws, ordinances and state and federal regulations. 2. Restrictions relating to the use or improvement of the Property that do not affect Grantee's intended use. 3. Reservation of minerals and mineral rights to the State of Minnesota. 4. Utility and drainage easements which do not interfere with present improvements. 182343V] Check box if applicable: ❑ The Grantor certifies that the Grantor does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ). ❑ We are familiar with the property described in this instrument and we certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. MATTAMY MINNEAPOLIS LLC 3 B ` Its VP STATE OF ; j,4ove(x) )ss COUNTY OFP C� The foregoing instrumeVt was acknowled before me this day of i1 , 2015, by �e of Mattamy Minneapolis LLC, a Delaware limited liability eompany, as successor by conversion od to Mattamy (Minneapolis) Partnership, a Mi esota gral parinershi , on its behalf. 4 RICHARD J PACKER NOTARY PUBLIC MINNESOTA Notary Public ' My Commission Exftas Jan, 3±, 2020 Tax Statements for the real property described in this instrument should be sent to: City of Lakeville Lakeville City Hall 20195 Holyoke avenue Lakeville, Minnesota 55044 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 651-452-5000 AMP:cjh 182343 V 1 2 (Reserved for Recording Information) PARTIAL RELEASE OF MORTGAGE Date: orb , 2015 FOR VALUABLE CONSIDERATION, the real property in Dakota County, Minnesota, legally described as follows: The South 673.00 feet of the South Sixty-six and two-thirds rods of the North Half of the Southeast Quarter of Section 16, Township 114, Range 20, Dakota County, Minnesota. is hereby released from the lien of the Mortgage OWNED BY THE UNDERSIGNED, executed by Mattamy (Minneapolis) Partnership, as Mortgagor, to Premier Bank, a Minnesota corporation, as Mortgagee, dated April 21, 2014 and filed for record April 22, 2014, with the Dakota County Recorder as Document No. 3008177. STATE OF MINNESOTA ) )ss. COUNTY OF DAK&TA ) PREMIER BANK By: r Its• F V by �T efior`�egoing, ,grument was acknow� ged�before me this % day of�nta 2015 'G� �J �" of Premier B , a corporation, on behalf of said corporation. CAo Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTsoN Professional Association 1380 Corporate Center Curve, Suite #317 Eagan, MN 55121 Telephone: 651-452-5000 AMP/cjh 182344v1 JUM K. p�L� NOiA1ir RUBLlC b►IAEXSOTA MrCq 13SpNE%�jESJAN 3f.?o2o (reserved for recording information) GRANT OF TEMPORARY TURNAROUND EASEMENT THIS AGREEMENT made this day of 2015, by and between MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, 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 on the attached Exhibit "A" and depicted on the attached Exhibit 'B". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and automatically expiring when Glacier Way 182218v1 is extended to the east through the cul-de-sac when the adjacent property to the east develops, together with the right of ingress to and egress from the property, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention hereto that the Grantor hereby grants the uses herein specified without 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 ofthe above described easement premises; that it has the sole right to grant and conveythe 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. [Remainder of Page Intentionally Left Blank-] 2 182218v1 GRANTOR: MATTAMY MINNEAPOLIS LLC By: di STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) ThA foregoing inst t was a knowledged before me is da of cA�h��i 2015, by p�—( �� P�� the ofy Mattamy Minneapolis LLC, a Delaware limited liability c ny, as successo y cone sion to Mattamy (Minneapolis) Partnership, a Minnesot general ership, on its b half , gy�ss ¢r r RICHARD J U13LCPACKER NOTARY PUBLIC 1� NOTARY PUBLIC a MINNESOTA My Commission ExPires Jan. 31, 2020 DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Cuive Eagan, Minnesota 55121 Telephone: (651) 4525000 AMP/cjh 182218v1 EXHIBIT "A" TO TEMPORARY TURNAROUND EASEMENT TEMPORARY ROADWAY, DRAINAGE AND UTILITY EASEMENT (D/Glacier Wav)' A temporary easement for roadway, drainage and utility purposes over, under and across that part of Outlot U, AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, lying within the circumference of a circle having a radius of 47.50 feet, the center of said circle is described as follows: Commencing at the southeast corner of Lot 19, Block 24, said AVONLEA; thence South 36 degrees 25 minutes 24 seconds East, assuming the south line of said Lot 19 bears North 88 degrees 36 minutes 57 seconds East, a distance of 51.79 feet to the center of said circle. 4 182218v1 aey �...,�_ :. �� � +.: "'4 up �. �iY,q.�..� sem- � • � n�v� � � " f-�� � ^b � Y \� d� - i � � � } Rv; 77 .b "'v. „ r �' :z ( �.... 3 i . r ,w � � ; i �_y{ i 4 —^•. � """T." " •1 � �f `?fir �.'^_ ,. S qtr � � "• .A � —� � '�. ^^� � ...��, *�� b �r'r j v���wrtr •�rw.e C Y nZ iw a.�.,:,•...., "^�.,+,• ter.«'^` ,wry -»� •,... �> ��"� "�M •Mw'r.� .rtIR MM. MIM' .W .+prxrt W wnMr '+�•xi t hYw%�'N� I.YfIR,..�--mow -.—J All A'h � tiRM Avortlea 8 Awar'.R�'4 �wln d x1 (reserved for recording information) GRANT OF TEMPORARY TURNAROUND EASEMENT THIS AGREEMENT made this day of , 2015, by and between MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, 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 on the attached Exhibit "A" and depicted on the attached Exhibit 'B". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and automatically expiring when Glenbridge Avenue is extended to the south through the cul-de-sac with a future phase of the Avonlea 1822190 development, together with the right of ingress to and egress from the property, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention hereto that the Grantor hereby grants the uses herein specified without 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 ofthe above described easement premises; that it has the sole right to grant and conveythe 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. [Remainder of Page Intentionally Left Blank] 2 182219v1 GRANTOR: MATTAMY MINNEAPOLIS LLC STATE OF MINNESOTA )ss. COUNTY OF DAKOTA ) Th foregoing instrunLe5twaslknowledged before me is 2G�L day o e- 2015, by �i�j� Gc.. the y of Mattamy Minneapolis LLC, a Delaware limited liability- cym _ any, as successor by conversion to Mattamy (Minneapolis) Partnership, a Minnes to gen al ' nership, o its b hal RICHARD J PACKER NOTARY PUBLIC NOTARY PUBLIC MINNESOTA My Cemnlssion Expires Jan. 31, 2020 DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Cuue Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/cjh 182219v1 EXHIBIT "A" TO TEMPORARY TURNAROUND EASEMENT TEMPORARY ROADWAY, DRAINAGE AND UTILITY EASEMENT (B/Glenbridge Avenue): A temporary easement for roadway, drainage and utility purposes over, under and across that part of Outlot G, Outlot H and Outlot I, AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, lying within the circumference of a circle having a radius of 47.50 feet, the center of said circle is described as follows: Commencing at the southwest corner of said Outlot I; thence North 48 degrees 06 minutes 38 seconds West, assuming the south line of said Outlot I bears North 89 degrees 07 minutes 09 seconds East, a distance of 40.87 feet to the center of said circle. 4 182219v1 I� 1MM �I W ^ ��:.� Y✓fi !�. � d �. a tY i, u,pp .sir a L f S d V a r •, _'"� � ,r• � s-as-� � to l.' +..�,. i e4 ..-,��t147 l .Arm" <. ,� E-8 [{{{[ IF , %.� rte. wnw K•r •T A r +..�.+.." � -M, gid'",... ••.: �,�.� �;"� ate,. .,""""!.;.:.L'^' .. :Y;T ..,w �,�,,. a «'"."""'a..,,.""«`"".•., «....+Fx ««tr :..wr, ,,. �."�.;; .,..rte: ''"". :,"moi .�.r,: '-•�' .:."'E.,�,*'�.�"`..'"'L.-a,�.L�..� R». i ar fiA►'riN Resit s. 4 y. �M lir in N 00 (reserved for recording information) GRANT OF TEMPORARY TURNAROUND EASEMENT THIS AGREEMENT made this day of , 2015, by and between MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, 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 on the attached Exhibit "A" and depicted on the attached Exhibit "B". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and automatically expiring when Greyhaven Path is extended to the west through the cul-de-sac, together with the right of ingress to and egress from 182220vl the property, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention hereto that the Grantor hereby grants the uses herein specified without 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 conveythe 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. [Remainder ofPage Intentionally Left Blank] 2 is222ovl GRANTOR: MATTAMY MINNEAPOLIS LLC By: Its:_ I/f' STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA The oregoing instrumeiltwas aVimowledged before me is ` - da of�� 2015 b y ' Y (�.�� Ga the of Mattamy Minneapolis LLC, a Delaware limited liability Com - y, as successor by conversion to Mattamy (Minneapolis) Partnership, a Minnesota gener ership, on its b ha . s RICHARD J PACKER NOTARY PUBLIC NO ARY PUBLIC, MINNESOTA My Commission Expires Jan. 31, 2020 DRAFTED BY: Campbell Knutson Professional Associai7on 317 Eagandale Office Centa- 1380 Corporate Center Cuwe Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/cjh 182220v] EXHIBIT "A" TO TEMPORARY TURNAROUND EASEMENT TEMPORARY ROADWAY DRAINAGE AND UTILITY EASEMENT A/Greyhaven Path): A temporary easement for roadway, drainage and utility purposes over, under and across that part of Outlot A and Lot 1, Block 1, AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, lying within the circumference of a circle having a radius of 47.50 feet, the center of said circle is described as follows: Commencing at the northwest corner of said Outlot A; thence North 89 degrees 54 minutes 05 seconds East, assumed bearing along the north line of said Outlot A, a distance of 189.65; thence South 22 degrees 47 minutes 00 seconds West, a distance of 168.24 feet to the center of said circle. 4 182220v1 is I�1 h+l W , w,,° �`" �.�� ��� _ .._ .,�- � ` �''' ( � f � � `°, � �°� jut,• x � � � , i � s r - ' qb o t�F . e � � "*,t•",l', r >:�. "Rem` �.. y,�,•." — I{} _ '71 �' ,��j O' • ; � � : f I � . I €""'+. [ •r F—, � a ^ l� �• i�w , a,""'1 � � ` �iai�a a$.t w��Y'x # �Mr� a I ? M .Y i a S ` 1 pzlA T-Alliddliff ;ca�ff t47 1#er •' }e.ap r wYw ww'�w.M Y'w°l°,awy+b_ wwwYHb.wxs d•'.w xM it �: 9 F.1I:w M`�w Y.Mf M i'�`w`�� Waw 1� 3 A .yr yp MWR�t7 �' � t.A,S1Mr •rte 7 # w._ = J�+II�ltAtkt j �figiiteb (www xr r�atw.wweM!ir W) (reserved for recordin¢ informntifin) GRANT OF TEMPORARY TURNAROUND EASEMENT THIS AGREEMENT made this day of , 2015, by and between MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, 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 on the attached Exhibit "A" and depicted on the attached Exhibit 'B". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and automatically expiring when Glanshaw Avenue is extended to the south through the cul-de-sac, together with the right of ingress to and egress 182222v1 from the property, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors and assigns; it being the intention hereto that the Grantor hereby grants the uses herein specified without 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 conveythe 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. [Remainder of Page Intentionally Left Blank] 2 182222v1 GRANTOR: MATTAMY MINNEAPOLIS LLC By: :_ js7- �P STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA The koregoing instiume t as ac owledged before me t 's �/ day of,C- / 2015, by j l!�..Z- I W- ' �-- the of Mattamy Minneapolis LLC, a Delaware limited liability company, as successor by conversion to Mattamy (Minneapolis) Partnership, a Minnesot eneralshi , on its beh RiCI i- .'PACKER PUBLIC NOTARY PUBLIC` My Ccmmi;_ „ expires Jan. 31, 200 DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Cuive Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/cjh 182222v1 EXHIBIT "A" TO TEMPORARY TURNAROUND EASEMENT TEMPORARY ROADWAY DRAINAGE AND UTILITY EASEMENT C/Glanshaw Avenue): A temporary easement for roadway, drainage and utility purposes over, under and across that part of Lots 2 and 3, Block 20 and Lots 1 and 2, Block 24, AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, lying within the circumference of a circle having a radius of 55.00 feet, the center of said circle is described as follows: Commencing at the southwest corner of said Lot 1, Block 24; thence North 34 degrees 21 minutes 58 seconds West, assuming the south line of said Lot 1 bears North 89 degrees 47 minutes 18 seconds East, a distance of 54.38 feet to the center of said circle. 4 182222v] x w .s,• .� � '; �. ^ray .r,y v..' t ,�_ . _Itr•Ntl. NZ ��}vwo 4R.wM ilMiAwr<M5N i.8w.w�+'�" �a�,wryR Mµ�y `awe_ "': EL iw,�rr"nl nM.tirwa �i. ^iviWP rfw a"+Mv.+M �.q '•� � c� ,mow y � err w.rAwwdlM �i wvMi1 ak M.Ms.♦ «V • YF.Mnv vvi.M � Mbw R J gip' VftOhW4jXW ""�•» �� MatlIAJFI W N N N N (reserved fir recording information) GRANT OF TEMPORARY EASEMENT MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, 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 on Exhibit A and depicted on Exhibit B attached hereto (the `Basement Premises'). TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and expiring when theproperty 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 182223v1 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 will be removed and that excavation will occur on the Easement Premises. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and year first above written. [The remainder of this page has been intentionally left blank. Signaturepages follow] 2 182223v1 GRANTOR: MATTAMY MINNEAPOLIS LLC By: It STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The�regoing instru ent was a owledged before me this 2- �L)h.Oday of 2015, by.— -e- f [!� r�c. ' the of Mattamy Minneapolis LLC, a Delaware limited liability paxy„as successor by conversion to Mattamy (Minnea o is Minneso a enerartnershi' on its eh if RICHT"' SACKER N PUBLIC sr";P .•',ESOTA n;Y c T _ ,n EvkesJan, 21, 2020 NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651452-5000 AMP/cjh 182223v1 EXHIBIT A A Temporary Drainage & Utility Easement over, under and across that part of Outlot A, AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, lying southerly, easterly and northeasterly of the following described line: Commencing at the northeast corner of said Outlot A; thence South 14 degrees 12 minutes 08 seconds West, assumed bearing along the northwesterly line of Lot 1, Block 1 said AVONLEA, a distance of 132.91 feet to the point of beginning of the line to be described; thence northwesterly along a non-tangential curve, concave to the southwest having a central angle of 03 degrees 09 minutes 41 seconds, a radius of 272.00 feet for an arc distance of 15.01 feet, the chord of said curve bears North 77 degrees 22 minutes 42 seconds West; thence South 14 degrees 12 minutes 08 seconds West, not tangent to said curve a distance of 65.13 feet; thence southeasterly along a non-tangential curve, concave to the southwest having a central angle of 28 degrees 45 minutes 39 seconds, a radius of 207.00 feet for an arc distance of 103.91 feet to the northwesterly line of Lot 1, Block 2 said AVONLEA and said line there terminating, the chord of said curve bears South 65 degrees 34 minutes 22 seconds West. AND A Temporary Drainage & Utility Easement over, under and across that part of Outlot A, AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota, the centerline of which is described as follows: Commencing at the southwest corner of said Outlot A; thence South 73 degrees 56 minutes 42 seconds East, assumed bearing along the southerly line of said Outlot A, a distance of 30.99 feet to the point of beginning of the centerline to be described; thence North 21 degrees 37 minutes 31 seconds West, a distance of 25.29 feet; thence North 10 degrees 20 minutes 14 seconds East, a distance of 136.66 feet; thence North 21 degrees 11 minutes 26 seconds East, a distance of 24.66 feet; thence North 10 degrees 28 minutes 00 seconds East, a distance of 199.11 feet to the most westerly corner of Lot 9, Block 2, said AVONLEA and this point hereinafter known as Point "A" and said centerline there terminating. TOGETHER WITH A Temporary Drainage & Utility Easement over, under and across that part of said Outlot A, lying 10.00 feet westerly of the following described line: Beginning at the aforementioned Point "A"; thence North 10 degrees 17 minutes 09 seconds West, along the westerly line of Lot 8, Block 2 said AVONLEA, a distance of 138.65 feet; thence North 08 degrees 34 minutes 42 seconds East, along Lot 7, 6 and 5 said Block 2, a distance of 138.60 feet said line there terminating. TOGETHER WITH 4 1822230 A Temporary Drainage & Utility Easement over, under and across that part of said Outlot A, lying northerly and easterly of the following described line: Beginning at the aforementioned Point "A"; thence South 22 degrees 34 minutes 11 seconds East, a distance of 18.34 feet; thence South 55 degrees 36 minutes 23 seconds East, a distance of 148.58 feet; thence South 67 degrees 46 minutes 30 seconds East, a distance of 309.08 feet; thence South 00 degrees 26 minutes 32 seconds East, a distance of 42.59 feet; thence southerly along a tangential curve concave to the west, having a central angle of 16 degrees 00 minutes 38 seconds, a radius of 260.00 feet for an are distance of 72.65 feet; thence northwesterly along a non-tangential curve concave to the northeast having a central angle of 01 degrees 36 minutes 46 seconds, a radius of 460.00 feet for an are distance of 12.95 feet, the chord of said curve bears North 68 degrees 29 minutes 02 seconds West; thence South 21 degrees 04 minutes 37 seconds West, not tangent to said curve a distance of 80.02 feet; thence southeasterly along a non-tangential curve concave to the northeast having a central angle of 02 degrees 19 minutes 45 seconds, a radius of 540.00 feet for an arc distance of 21.95 feet to the southeasterly line of said Outlot A and said line there terminating, the chord of said curve bears South 69 degrees 01 minutes 36 seconds East. The sidelines of said easement are to be prolonged or shortened to terminate at all angle points and limits of said Outlot A. 5 182223v1 AIN *1/4' M? 4 -r - m 17 1 5 7 M? 4 -r - m 1 5 M? 4 -r - m (reserved fir recording information) GRANT OF TEMPORARY EASEMENT MATTAMY MINNEAPOLIS, LLC, a Delaware limited liability company, as successor by conversion to MATTAMY (MINNEAPOLIS) PARTNERSHIP, a Minnesota general partnership, 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 on Exhibit A and depicted on Exhibit B attached hereto (the "Easement Premises'). TO HAVE AND TO HOLD the same, unto the City, its succe%ors 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 182227v1 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 will be removed and that excavation will occur on the Easement Premises. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and year first above written. [The remainder of this page has been intentionally left blank. Signature pages follow] 2 is2227vl GRANTOR: MATTAMY MINNEAPOLIS LLC B? -I —& VP STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA 1 The Pregoing instru e t was cknowledged before me 2s day of 3V-V�'� 2015, by L� " the Of Mattamy Minneapolis LLC, a Delaware limited liabili pany, as successor b conversion to Mattamy (Minneapolis) Partnership, a Minnes a gen a partnership, on its b half RICHARD J PACKER NOTARY PUBLIC MINNESOTA NOTARY PUBLIC My Commission Expires Jan. 31, 2(120 �, DRAFTED BY: CAMPBELL KNursON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: 651-452-5000 AMP/cjh 182227v1 EXHIBIT A A Temporary Drainage & Utility Easement over, under and across to East 10.00 feet, the South 10.00 feet and the West 10.00 feet of Outlot T, AVONLEA, according to the recorded plat thereof, Dakota County, Minnesota. 4 182227v1 .: x W tr 1 I s �r `_ ).^19.•n ;a y � �!' � .s. ! s z � a_`�.. � � �..„�+w-.r .tar+....�.wr��'lEi ., r— ��,�„�� _�..• �r.� � �rs� �' � _,�"'�'� .. is 'T”' e� � d a x•,r .w, M 3 a �,.wawai�rn..w w w� rwre•;"+wy k '�Rwy.� �iY � wawa. Yd J ti�C ` Y AM x rt 'Yfr +wv:�va�L�M.f�`+•'rrayt Cp. - WashNood +�'^t*M�•.awhM���M, wC*�.ra4�+x�e.M IM Mew l4iw �� �M ��k d �� Y 4f•'+Yud w.as YnY 4 .li'r y:L;+S�'14nr�n�+:� '�iw n^n2���w fes.• hM bwrs Vr'.. nrn. lY +�nx. F "'jy +w+e .'Ii:IY �KNt"?h�Jfw Aw �r�Mw"A/aY�!FM�Ewreixw.fwwCwnewe w:.rMO tiMY NN �w�.Mr� �w.i � e w•°�iM m+}ISJ�n.,Ht dv� '�(-a�wrw.aw +�MM�gwbnrh w+�Yrwn .��i.1MMe 1. }Ir +r+�a:fr.rwy�v. n. ywR rq �aY/lRMb �si+4 ara��•Y 4�r+�MJ+nwb.b�. ��''w+'��.+KM. wb s�nr lwea a „yrrC.e AC rwvey Js-�bww�up, bll.v. ZZ 1`./+Mr w:wwwrb Mwu y'rwM Yw-wC Avonlea � m TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427,0520 TPC@PlanningCo.com MEMORANDUM TO: Daryl Morey FROM: Daniel Licht, AICP DATE: 25 June 2015 RE: Lakeville — Avonlea; Final Plat TPC FILE: 135.01 BACKGROUND Mattamy Homes, Inc has submitted application for final plat approval of Avonlea located adjacent to Cedar Avenue between 179th Street and future 185th Street. The proposed final plat consists of 202 single family lots, 46 townhouse dwelling units and one lot for a future HOA facility. The final plat application is based upon the Comprehensive Plan amendment, PUD District, PUD Development Stage Plan and preliminary plat approvals granted by the City Council on 6 April 2015. Exhibits: A. Site Location Map B. Approved Preliminary Plat (4 pages) C. Final Plat (7 pages) ANALYSIS Preliminary Plat Consistency. The proposed final plat is consistent with the approved preliminary plat in terms of the number of dwelling units and general site plan. The developer has made minor adjustments to the townhouse site plan to address the 200 feet of right-of-way required by Dakota County for Cedar Avenue (CSAH 23) by shifting the row townhouse building within Block 18 to the east resulting in the loss one unit. MUSA. The area of the proposed final plat is within the current Municipal Urban Service Area (MUSA) in accordance with the Comprehensive Plan amendment preliminarily approved by the City Council on 6 April 2015, contingent upon Metropolitan Council approval. PUD District. The Avonlea development is zoned PUD, Planned Unit Development District to provide flexibility in the application of lot requirements and subdivision design standards and the integration of public and private open space within the development as set forth in the Avonlea PUD District Booklet Dated 6 April 2015. To provide direction and anticipate the full range of uses that may be accommodated within Avonlea, each of the land uses shown on the Avonlea Illustrative Master Plan are associated with uses allowed in the most closely related conventional zoning district as outlined below: Avonlea Illustrative Master Plan Lakeville Zoning District Single Family RS -4 District Row Townhouse RM -1 District Open Space City and HOA buildings, structures and uses only. The subject site is also within the Shoreland Overlay District of Tributary streams that cross the parcels. The boundary of the Shoreland Overlay District extends 300 feet from the tributaries within the subject site and is shown on the preliminary plat. The Shoreland Overlay District requires a minimum 50 foot setback from the Ordinary High Water Level of the tributaries. Access. The proposed final plat is shown to have one access point to either side of Cedar Avenue. Future additions will increase the number of access points to Cedar Avenue for the area of Avonlea west of Cedar Avenue. Additional accesses to the area of Avonlea east of Cedar Avenue will be provided through extension of streets through adjacent parcels. The proposed accesses to Cedar Avenue are adequate for the first phase of development. The proposed final plat provides dedication of right-of-way for Cedar Avenue (A -Minor Expander) and Glacier Avenue (minor collector) consistent with the 2030 Transportation Plan and Avonlea Transportation Master Plan. Streets. The Avonlea Transportation Master Plan establishes two right-of-way and section designs for local streets and cul-de-sacs within the final plat development. Local streets within the proposed development that connect with arterial or major collector roadways on adjacent properties for neighborhood access, including Glenbridge Avenue, Gresford Lane, 182nd Street, Glanshaw Avenue and 181 st Street, are shown on the final plat with 60 foot rights-of-way and a 32 foot wide street section with a five foot wide sidewalk on one side. All other local streets as shown on the final plat that provide for internal circulation and lot access are proposed as 50 feet of right- of-way and 28 foot wide streets with a five foot wide sidewalk on one side. The 28 foot wide streets are to be posted as no parking zones on the side of the street with the sidewalk to ensure vehicle passage and emergency access. Green Gables Trail within the proposed final plat includes a divided section with a center island, which was reviewed by City staff and has been approved by the Public Works Director and City 2 Engineer with the preliminary plat. The divided roadway will be posted for one-way traffic in each direction on either side of the center island. The final plat includes two permanent cul-de-sac streets on Gleaming Court. The proposed cul-de-sacs comply with the maximum length of 600 feet and minimum length of 150 feet for cul-de-sac streets established by Section 10-4-3.S of the Subdivision Ordinance. The proposed cul-de-sacs shown final plat each have a center island. The developer has provided additional information to City staff illustrating the effective turning movements around the islands and they are acceptable to the City Engineer to provide the minimum turnaround with a 60 foot radius. The final plat for also identifies temporary cul-de-sacs at the ends of streets that will be connected with through streets in future phases of Avonlea or with adjacent development. As required by Section 10-4- 3.D of the Subdivision Ordinance, the temporary cul-de-sacs will require temporary easements for the portion of the roadway outside of the dedicated right-of-way and an escrow for their removal and restoration in the future. Single Family Lots. The final plat proposes 202 detached single family dwellings (including 30 with association maintenance). The Avonlea Illustrative Master Plan includes three single family lot types and the applicable lot requirements are established by the Avonlea PUD Booklet dated 6 April 2015. The developer must provide house plans that allow for a three stall attached garage for the 64 foot and 74 foot wide lots as required by Section 11-19-5 of the Zoning Ordinance, which is identified in the Avonlea PUD Booklet. Townhouses. There are 43 townhouse units proposed on the final plat located east of Cedar Avenue and one three -unit building located west of Cedar Avenue within the model village: ■ Exterior Materials. The developer must submit revised building elevations for the proposed townhouse buildings addressing exterior materials requirements in accordance with the PUD Development Stage Plan approval on 6 April 2015. ■ Garage Area. The PUD Development Stage Plan approval on 6 April 2015 allowed that the garages of all of the proposed townhouse models, except for two of the models, provide the minimum 440 square feet in area in accordance with Section 11-58-21.D of the Zoning Ordinance. Private Drives. The City has established standards for private drives for townhouse uses requiring a minimum 24 foot width for dead-end private drives that are not to serve more than six dwelling units per side. The arrangement of a 28 foot wide private drive around HOA open space (Outlot X) with head -in guest parking stalls and the individual private drives extending to access the individual townhouse units within Outlot Q does not comply with this standard but was approved with the PUD Development Stage Plan and preliminary plat to avoid additional driveways connecting directly to 181St Street. Guest Parking. Section 11-58-21.J of the Zoning Ordinance requires provision of Y guest parking stall per townhouse dwelling. With 44 dwelling units shown on the Phase 1 preliminary plat, 22 guest parking stalls must be provided. There are 24 guest parking stalls identified on the Phase 1 site plan. Lot Area. Section 11-58-11.B.1 of the Zoning Ordinance requires townhouse dwellings to provide 5,000 square feet of lot area per dwelling unit. The proposed final plat site plan east of Cedar Avenue provides 5,626 square feet of lot area per dwelling unit in compliance with the Zoning Ordinance. The three unit building west of Cedar Avenue also exceeds the minimum 5,000 square foot area requirement. ■ Setbacks. Setbacks required for the row townhouses in accordance with the Avonlea PUD Booklet dated 6 April 2015 are shown below: Yard F Minimum Setback Proposed SBF RM -1 nt House 20ft. 15ft. 20ft. ROW 30ft./pvt. drive Porch 20ft. 15ft. Side Corner I Garage House 25ft. 20ft. 25ft. 20ft. 25ft/ROW 30ft. pvt. drive 20ft. ROW 30ft./pvt. drive Porch 14ft. Between Bldgs. 20ft. 1 20ft. 25ft. Guest Parking 15ft. 1 -- 15ft. Landscape Plan. The developer submitted a landscape plan for the area of the proposed final plat with the preliminary plat application. The landscape plan provides for general landscaping throughout the single family areas, private open space and public outlots of the development including planting of trees within the boulevard portion of the public right-of-way and also the plantings required for bufferyard landscaping in accordance with Section 11-21-9.E of the Zoning Ordinance. All of the proposed plantings comply with the requirements of the Zoning Ordinance. The developer must provide additional information regarding the value of construction and the landscaping to be installed within the townhouse portion of the development with application for final plat approval to verify compliance with Section 11-58-211 of the Zoning Ordinance. Maintenance of the landscaping within the center islands will be the responsibility of a homeowners association (HOA). The City will not be liable for damage or removal of any plantings due to snow plowing or other street maintenance activities. An encroachment agreement that addresses long term maintenance of the landscape islands by the HOA will be required to be recorded with the final plat. Park Dedication. City staff and the developer have negotiated satisfaction of park dedication requirements in consideration of the flexibilities allowed as part of the PUD District. Park dedication requirements will be based on the 3.18 dwelling units/acre density of development approved for the PUD Master Plan. Thus, the developer is required to dedicate 14 percent or 59.4 acres of land to the City to satisfy the park 4 dedication requirements established in Section 10-4-8 of the Subdivision Ordinance for the land within the Avonlea PUD Master Plan. The developer will be compensated for land to be acquired by the City for park dedication purposes above the required dedication at a rate of $50,000 per acre for up to five years from the date of the development contract. After five (5) years, the developer will be compensated for the land to be acquired by the City for park purposes above the required dedication based upon the developer's land holdings at that time and based upon an agreed current market value at that time. If the developer and the City cannot come to an agreement on the current market value, then an appraisal of the land by a qualified professional agreed to by both the Developer and the City will set the value. Only usable park land outside of wetlands, wetland buffers, stormwater basins, and County Road right-of-way is to be credited or compensated for park dedication purposes. The City will acquire approximately 66.5 gross acres located southwest of Cedar Avenue and future 1851 Street for development of a community park, and acquisition of additional public park area within the balance of the Avonlea PUD Master Plan totaling approximately 84 acres. Within the first phase the Developer is required to dedicate 15.37 acres. The Developer will dedicate a total of 39.48 acres within the first phase, which exceeds the required dedication by 24.11 acres. The City will not reimburse the developer for excess land dedication in the first phase, but will reimburse the Developer in accordance with the terms of the Avonlea development agreement in future phases. The land dedication with the first phase of development includes deeding to the City a 38.99 acre parcel for a portion of the future City community park and 0.49 acres as usable park space within Outlot F to satisfy a portion of the park dedication requirement for the entire Avonlea Master Plan, as identified in the Avonlea PUD Booklet dated April 6, 2015. The balance of the future City community park parcel will be conveyed to the City with the final plat of Phase 2, as identified in the Avonlea PUD Booklet dated April 6, 2015. The developer will also provide the City with the first right to acquire the balance of the future community park property for $50,000/acre should they not proceed with future phases beyond the current plat. The net area deeded to the City for the future City community park will be determined at such time as the area of 185th Street (future CSAH 60) and Hamburg Avenue right-of-way, wetlands and buffers, and the stormwater basins at the northwest and northeast corners of the parcel are established, as identified in the Avonlea PUD Booklet dated April 6, 2015, as these areas are to be excluded from the calculation of compensation paid to the developer for park dedication requirements applicable to the entire Avonlea Master Plan. Trails. The submitted plans indicate construction of 10 foot wide bituminous trails within Outlots F and K. These trail segments will become part of the planned greenway corridor between Cedar Avenue and future Hamburg Avenue within Avonlea, and connecting to planned greenway corridor segments west of Hamburg Avenue. Construction of the trails within Outlots F and K is premature for City park purposes at least until the greenway corridor extends between Cedar Avenue and future Hamburg Avenue. The City would require only that the developer grade and establish the bench for the future trail corridor within Outlots F and K now and the City would be responsible to construct the base and surface in the future for the full length between Cedar Avenue and future Hamburg Avenue when Hamburg Avenue is constructed. HOA Club House. Lot 17, Block 10 is designated as a private HOA Park on the preliminary plat, which the Avonlea Open Space Master Plan designates for development of an HOA Club House. Development of the HOA Club House will be subject to application for PUD Development Stage Plan approval. Applications for PUD Development Stage Plan approval require a public hearing and review by the Planning Commission and approval of the City Council. Model Village. The developer is proposing a model village on Lots 1-8, Block 12 on the south side of Glenbridge Avenue west of Cedar Avenue. Model homes will be constructed on Lots 3-7, Block 12 initially and Lot 8, Block 12 closest to Cedar Avenue will be developed initially as an off-street parking lot with 22 stalls. There will be one townhouse building east of Cedar Avenue that is used for model purposes. The model home village and townhouse model must comply with the provisions of Section 11-27- 11 of the Zoning Ordinance, including allowances for exterior lighting and signage to be verified by the Zoning Administrator at the time an administrative permit is issued. Outlots. The proposed final plat includes 24 outlots as outlined in the table below. The boundary between Outlot F/Outlot I and Outlot H, designated for a future phase to the south, reflects a current property line and not the intended subdivision design. As such, it may be necessary to replat Outlots F and I in the future to establish the permanent boundaries of the greenway corridor based on the Avonlea Illustrative Master Plan. Outlot Purpose Ownership A Future phase Developer B Wetland/Buffer Deed to City C Storm water basin Deed to Cit D Wetland/buffer Deed to Cit E Storm water basin Deed to City F —d --Par Park/Greenway Dedicate to Cit I—Greenwa Dedicate to City H Future phase Developer I Park/Greenway Dedicate to City J Storm water basin Deed to City K Trail/wetland/wetland restoration Deed to City L Storm water basin Deed to City M Entry si nage HOA N Wetland/buffer Deed to Cit O Landscaping buffer HOA P Ent signage HOA Q Townhouse base lot HOA R Wetland/buffer Deed to Cit S Townhouse base lot HOA 10 T Future phase Developer U Storm water basin Deed to City V Wetland/buffer Deed to City W Landscape buffer HOA X I Private open space HOA Signs. The Phase 1 preliminary plat includes two outlots planned to accommodate entry signs for the proposed development. No plans have been submitted for the proposed entry signs. Entry monument signs are regulated by Section 11-23-15.X.1 of the Zoning Ordinance and a sign permit is required prior to placement of any sign. Grading Plan. The developer has submitted a grading, drainage and erosion control plan and tree removal plan for the final plat. Storm water basins, wetlands and wetland buffer areas are to be platted in outlots and deeded to the City in accordance with Section 10-4-4.D of the Subdivision Ordinance. All grading, drainage and utility issues are subject to review and approval of the City Engineer and Environmental Resources Coordinator. Utility Plan. The developer has submitted a utility plan for the final plat. All utility issues are subject to review and approval of the City Engineer. Easements. The final plat indicates dedication of drainage and utility easements at the perimeter of all single family lots as required by Section 10-4-4.A of the Subdivision Ordinance. Drainage and utility easements are also provided along the full perimeter of Outlots M, O, P, T and W as well as over the entire common base lots within the townhouse development, which are Outlots Q and S. A perimeter drainage and utility easement must be provided for Outlot X. All easements are subject to review and approval of the City Engineer. Homeowners Association. Documents establishing a homeowners association must be submitted to address ownership and maintenance of private open space, boulevard trees and landscape islands within the public right-of-ways. Sub -associations may be organized to provide for same functions related to the proposed townhouse and detached townhouse dwelling units. The structure of the HOA and the documents establishing it are subject to review and approval of the City Attorney prior to consideration of a final plat application. CONCLUSION The proposed Avonlea final plat is consistent with the preliminary plat and the Comprehensive Plan amendment approved with the preliminary plat, the Avonlea PUD District, and the Subdivision Ordinance. Our office and City staff recommend approval of the final plat subject to the stipulations set forth below. 7 All 28 foot wide public streets shall be posted as no parking zones on the sidewalk side of the street to ensure vehicle passage and emergency access; Green Gables Trail shall be posted for one-way traffic for the divided section, also with no parking on one side. 2. The proposed Phase 1 townhouses shall comply with the applicable unit size, exterior materials, garage size and storm shelter design and construction requirements outlined in Section 11-58-21 of the Zoning Ordinance and approved with the PUD Development Stage Plan, except that the exterior materials shall be required as follows: a. The lower 25 percent of the front elevation of each building shall be brick or stone. b. LP Smartside (or similar) shall be used for the entire side or rear elevations and non -masonry areas of the front elevation. C. Variation in color of the individual units separated by vertical risers shall be added to the exterior elevations to break up the horizontal mass of the buildings. 3. The developer must provide additional information regarding the value of construction and the landscaping to be installed within the townhouse portion of the development with application for final plat approval to verify compliance with Section 11-58-211 of the Zoning Ordinance. An encroachment agreement that addresses long term maintenance of the landscape islands by the HOA will be required to be recorded with the final plat. 4. Outlots F, G, and I will be dedicated to the City for park use with the final plat; Satisfaction of park dedication requirements for this and future phases of Avonlea shall be as provided for in the development agreement executed by the developer and approved by the City Council. 5. The cost responsibility between the City and the developer for construction of the trail adjacent to Glacier Way and Cedar Avenue shall be in accordance with Section 10-4-3.H.4 of the Subdivision Ordinance. The cost of the trail constructed within Outlots F and K shall be the developer's responsibility if it is to be constructed with this final plat. 6. Development of the HOA Club House on Lot 17, Block 10 requires application for PUD Development Stage Plan approval, subject to review by the Planning Commission and approval of the City Council. 7. All model homes shall comply with the provisions of Section 11-27-11 of the Zoning Ordinance. 8. All grading, drainage and erosion control plans shall be subject to review and approval of the City Engineer; Outlots B, D, E, J, K, L, N, R, U and V shall be deeded to the City for storm water management purposes. 9. All utility issues are subject to review and approval of the City Engineer. 10. The final plat shall be revised to provide a 10 foot wide perimeter drainage and utility easement within Outlot X. All easements are subject to review and approval of the City Engineer. 11. Documents establishing a homeowners association must be submitted to address ownership and maintenance of private open space, boulevard trees and landscape islands within the public right-of-ways and are subject to review and approval of the City Attorney prior to consideration of a final plat application. C. 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ILI444z.�:a'ase�� - •Gf .y Jamil - } .4 I of Y T_ ° r. r.. �................... r - _ I -------- I •O(m•OTH4- - _ { „ I 1 t Fi/TIIfTE PHASE 11;1 9 r I 1117 7Tr7I 0' 100' 200' 300' NOT FOR CONSTRUCTION 0000557PPP02.tlwg n.tr 12/17/14 sbeet 6 of 28 . �� E.enPnlrl°, MN 669 06 .d,mhv6a. .,L.P.4,.mtmd, WIM wBMr eI dam,a•�d`.ha'6..avd LAND S11.V.Y0. 92/0'[/15 ON CONNENIS .ta PrpforAvonlea wmoPMl410W 6PAr.me Preliminary Plat 1699M9rMnD,n CW. Mattamy Homes _West 92/25/15 aTY/walER6HE0 906111ENi5 PHONE 962-93'/-6tfi0 Unwrc SRS FA% 9'2-931-6942 (r�•,..�1��� tV. )1`:[N.e, RLS�d Drawly[ br/dYa 7M W W&Wm Avenue South, Suite 201 �' ��ta TOLL Fitt 159&93]5169 _ mig pdin� Westwood wM'W.west-otlp— D. OZ/25/15 IJ—Pb- '2' M uu,.W 1V1�aIleBOta SM9M c2014 Westwood Professional Services, Inc. D*etine&rz=M Description the North 48 rods of the West 1650.35 feet of the Northwest 76 of Section 15, Township 114, Range 20, Dakota County, Minnesota, except that part plotted as Cedar A -ca Park and Ride, AND The South 138.42 feet of the North 930.42 feet of the West 1650.35 feet of the Northwest 0 -for of Section 15, Township 114 North, Range 20 West, Dakota County, Minnesota. Also that part of the South 138.42 feet of North 930.42 feet of the Northwest Wester of Section 15 Township 114 North, Range 20 Wst, Dakota County, Minnesota that lies within the following described parcel: Beginning at the Southeast corner of the West 1650.35 feet of said Northwest Worter, thence north, along the east line of Me west 1650.35 f t, ,distance of 1846.86 feet, thence southeasterly to a point on the muth line of said Northwest Quarter which is 31.94 feet east of the point of beginning; thence west, along said muth line, a distance of 31.94 feet to the point of beginning. the North83.19 fret of the South 551.03 feet of North 1481.45 Met of the West 1650.35 fttt of the Northwest Quarter of Section 15, Township 114 North, Range 20 West Dakota County, Minnesota. Afso that part of the North 8319 het of the South 551.03 f t of North 1481.45 feet of the Northwest Quarter of Section 15 Township 114 North, Range 20 Wst, Dakota County, Minnesota that lies wfthin the fallowing described parcel: Beginning atthe mutheast comer of the West 7650.35 feet of said Northwest Warter, thence north, along the east line of the West 1650.35 toot, t, a dfstonce of IB46.86 leek thence southeasterly to a point on the south line of said Northwest Waiter which is 31.94 feet east of the point of beginning; thence weet, along said muth hine, a distance of 31.94 feet to the paint of beginning AND The North 112 of the Northeast 114 of Section le, Townshp 114, Range 20, Dakota County, Minnesota AND The South 1/2 of the Northeast 114 of Sectfan 16, T wnshp 114, Range 20, Dakota County, Minnesota Typical SF Lot Detail Temp Cul -de -Sec Future Street Extension Development Data 74 R- ear Setback - Deck 75' _ x\75 Varies Proposed Sinate Family Lots* N >` Drainage & PUD 54' Single Family w/ Assoc. Maintenance Utllfty Easement Front Setback to ROW/Private Drive B.O.C. 25' min, garage, 20' min House/Porch. i Setback Line 45 lots Gross Site Area La, Dimension 8,880 Sf� Lot Number II� J Lot Area L Cedar Ave 6.791 ac. * Side porches, stoops, decks, steps, egress 74 Collector (Street J) STREET Proposed Maltt Fomi y Townhomc& NOTE.' Existing Wetlands, 7.58E ac. Lot width varies (54, 64, & 74) Temp Cul -de -Sec Future Street Extension Development Data 25' 25' R- ear Setback - Deck 75' 15' 15' Existing Zoning Varies Proposed Sinate Family Lots* 204 lots Proposed Zoning PUD 54' Single Family w/ Assoc. Maintenance 27 lots Front Setback to ROW/Private Drive B.O.C. 25' min, garage, 20' min House/Porch. 54' Single Family 45 lots Gross Site Area 797.9± ac 64' Single Family 97 lots Myjor Road Riaht of Way 8.251 ac. 74' Single Family 35 lots Cedar Ave 6.791 ac. * Side porches, stoops, decks, steps, egress pits, & privacy walls may .extend to within 5' of side yard Collector (Street J) 1,46E ac. Proposed Maltt Fomi y Townhomc& 47 lots Existing Wetlands, 7.58E ac. Overall Proposed Homes 251 lots (within Phase 1 Limits) Provided Gross Site Arco per unit: 5,526 sf (253,176 sf overall townhome area / 45 units) Park Dedication; TBD Overall Net Density 2.64 un oc (251 un / 95.19 cc Net Developable Areo) FutureDevelb�ment Parcels: 74731 ac Oudot A (future phases) 6.941 ac. Overall Gross Density 214 un oc Outict H (future phases) 61.891 cc. (251 un / 177.17 ac Gross Area - Future Development Porce. Outlot T (future High Density Res) 5.601 ac OU Up C (future development) 0.301 cc. Net Developable Area., 107.341 ac. Proiect Open Space* 46931- ac. Outlot B (wetland & buffer) 0571 cc. Outlot D (wetland & buffer) 3021- oc_ Outlot E (ponding) 1.70± ac, Oudot F (pork/greenwoy corridor) 4,34± ce. Outlol G (pork/greenwoy corridor) 3.481 ae. Oudot I (pork/greenwoy corridor) 2.321 ac. Outlol J (ponding) 3.001- ac. Outlol K (trails, wt1d, & wtid restoration) 15.06± cc. Outlot L (ponding) 2.051' co. Oudot M (entry signage) 0.121 an Outlot N (wetlond & buffer) 1.031- cc. Outlot 0 (landscaping buffer) 1.111 cc. Outfot P (entry signoge) 0.11± ac. Oudot O (common lot/HOA) 3.45-4 cc. Outlot R (wetlond & buffer) 0.39± ac. Oudot S (common lot/HOA) 0.591 ac, Oudot V (pan dfng) 3.38± ac. Outfot V (wetlond & buffer) 0.36± Co. Lot 17, Block 10 (private HOA pork) 1.571 oc. Proposed Single Family Standards: 54' SF 64' SF 74' SF a-,, a, Setback - Pr' St t 25' 25' 25' R- ear Setback - Deck 75' 15' 15' • Side porches, stoops, decks, steps, egress pits, & privacy walls may extend to within 5' of side yard and 10' of rear yard lot lines. • Fireplaces and cantilevered bump outs up to 2' into setbacks. • No encroachment allowed within drainage & utility easements Proposed Multi -Family Development Standards Front Setback to ROW/Private Drive B.O.C. 25' min, garage, 20' min House/Porch. Side Setback to ROW/Private Drive B.O.C. 20' Primary Structure*: 75' Porch Separation - Building to Building 20' min.* Private Drive Street Widths 24' B -B Private Driveway Length 25' typ. Off-street Guest Parking required 0.5 stall / unit (23 stolls) Off-street Guest Parking provided 0.5 stall / unit (24 Stolle) * Side porches, stoops, decks, steps, egress pits, & privacy walls may .extend to within 5' of side yard and 10' of rear yard lot lines. * Fireplaces and cantilevered bump outs up to 2' into setbacks, * No encroachment allowed within drainage & utility easements Site Area ,per Unit - Requlred Site Area per unit: 5,000 sf Provided Gross Site Arco per unit: 5,526 sf (253,176 sf overall townhome area / 45 units) NOTE. The lot dimensions and areas on this plan are approximate. Refer to the Final Plat and supporting data for exact lot dimensions and areas. w %% woad ft,. s a MI Serves, Ina t hey evdly thrt line pee - p.F" y e o ®m oy - -- prepared for. Ta6p Anearan O,i�e dost ee➢e+ ural wd I a . dely um..a LAND fnlnvevoc Dedrmek CLI Eden Prairie, MN66341 mdY ee d the &de d 11lmsole 02/02D5 aW ll loss Mattamy Homes 02/25/15 aTf/YIAlEA41m p01AMEHIS t elle P.- 062 -Obi -6160 PA% ase-ae7-x072 aoe� HtV 7201 Warhir%tiors Avenue South, Suite 201 Totr_tT+g tees-sar.6lsa Craig W. Mone, RLS lend os..>s. u./d.ra Westwood w.nw d w oilp.mm QHa 02/75/15 Lisette K. 23021 Edina, Minnesota 55439 L NOT FOR CONSTRUCTION Avonlea 0' 100' 200' 31 Dace: 12/17/14 sheet 7 oa 28 Pr�e}l�iminary Plat East ast m 2014 Westwood Professionol Services, Inc. , L ��� VAatw--dProi�wlorwl5nXlni lnc 1e99 Aaa9ram on.e Eden Prairlq MN fi63M PHONE B6x-931-5160 FAX e6x-891-6B2x TOILFPEE -09&831.6150 W85tYYlow www.w.dw-CIP—M / `------------------� 1 Waby may mN 16Y p1m w. prpraa !y m n mt¢ ny IIwYlmc dhri urd arM 1 wn • ddy amtl LAND 611eVaYOA ®eu m. �wr ex w em d iMm..n. ax/oz/�s att cauu6Nis ox/as/�s att/rutmsim auuaurs QV% W. Moyle, RIS -- u ee 02/25/15 V._ No 23021 Prepared for. DWoei LTfitkad: Dawn oma onwm- * do- Mattamy Homes 7201 Washpi�n�g�ton Avenue South, Suite 2 &faun01 , Minnesota SSM Call 48 Hours before digging: 811 or ca11811.com Common Ground Alliance TYPICAL MULTIFAMILY DETAIL tHo same) Proposed Lot Line Deck/Patio (typ) i o if 30.0 10.0 lil� i O .71f61 II rs.o 16.2 9 ♦ rr.o 10.0 d 0.0 i_________r a li iii Iii _ n. o I 0 3' Sidewalks Driveway Driveway Driveway Driveway h (tYP) (tYP) (tYP) (tYP) ry SIRE N 0' 4D' so' 120' NOT FOR CONSTRUCTION 00005575PP02,dwg Imtc 12/17/14 stcee 8 oP 28 Avonlea Preliminary Site Plan (Multi -Family Area) Lakeville, Minnesota A VONLEA -NW Ca of the NE 1/4 or ,-vvrrlGn..r wwnr, <<u/-� Set. IG Twp. 114, Rge. 20 95 e75 N89047'18 E 836.34 Found 0°koto County Cost Iron N89O54" 5 E2643.39 _ - --- - - --- - o - prr r ar t N 1/2 26 10 7, ,� 1 . • r' Found ed�pedLraense No. 44076 - - - - 30 3i 32 3J 34 - N£ Cor of the NE I/4 of ((pp OUTLOT C O2 7 2 3 4 5 6 7 olnfh NE 1 or Sec. 16 '.°. 27 28 29 6 Telephone Lrne Easement f E 36 37 3b J9 $ r O north line of 'Me OV710T N 5 c 16 Twp 114, Rge 20 1 DUTLT7T W 8 10 ( o o! Star Telephone Company per 35 °. Fund PK w/washer Found Copped Iron, Lrcensell No- 44076= ' rD `NW 1/4 of Se}. 15 1 \ Book 0 a/ Misc. Records, Page 514 ry 2 9 f0 I N 25 I \i i OUTLOT T L 3 n m GLEAMING COURT INSET B GLEAMING COURT 4 > 24 (Se ee o 12 w Yox'y. 23 19 2 o .. r. v r` ' h g N W c'P<•y 5 i 2 r3 maR'o 22 21 20 z 0 3 4 5 6 m a UNj V EXCEP i10N h �^ Q O TLOi OUTLOT A H9 3 C 1 p 18 Q R 1 OuTLOT \ Q O 14 p s'I U a 4 RFF� 15 C! a 11 Found Copped Iron, License No. 23021 __- f the NW r/4f S o i- 2 evsf fine of the West 165035 2 1 1\I n �i' \ 5 Gq�! I I 11/8157 STREET WEST] lest oe ec. 15 3 3 z 1e ^ .3 i541°14'05 -W N89047'18'E 814.13 i 14 rs 3 9 7 H -air 0 07 77 m 784 ourL07 W 'i • 1 12 :n 0� ✓�1 141 1 f r 30.00 15. 1k 13 nJ 1 � I GLEN8RIDG£ AVENUE � 3I N I 1 I i N F i3 16 0 w5 INSET A \ \ 11 .< 1 2 3 42 5 6 7 9 36 I ___� __-__3_ ___ _1_ __ _ _ 2 __ -3 ___ Z ___ _--J 1650.35___ ___ _7_ __ __ee Sheet i8 0 1] C3 ro z (See Sheet 3 S^ ss _ _I 3D' r - n I I i 4 4 4 4 I W 25 v 12 £ 5 of 8 Sheets) OU�DOT `S90 j9 r n - 3 n' i i n Line E s t o f0 18 A T tic r'r vl favor o!'C P r e yy oresf line of the 2 23 3 I ¢ g 3 9 4 ` k`= n rn Ll r f7i rl 1 Power Assoc per NW 1/4 of Sec. 15 Q -r 121 3 4 $ 11 8 j E 72 23 T•1'I �r i,Y� _ Ooc N 1641651 Q 16 U rr, 4 b ¢ 7 1iPll 2 { 19 C r`r ITIS 2 Io' hl� 5 E 70 OUTLOT L I Ib I4 OUTLOT 0 (See Sheet of 4 n n Ir-�CITr r" r .� 1 9 's fh Ime !the No eh `1 38 �)�I nv /J u= L/ 1 I Q` I 2 3 4 5 /l�' S 6 � i/1 n I g ] 8 i 48-deof Sec. 15 6 e � H c � 2D 26 C 17, h \ I Q 17 _ _ _ 'o- w 1 1 I IIII north line of the South 13843(ee �� 3 2 Iia G'9BC g L_ 1 U 37 M;n 1 `r al the Narfh 930.42 feet of Sec / 4 24 a+. Found Copped Iran,-<- O 27 N ^ �No 3 15� �" 8 1 License No. 23021 y" f9 1 O0°52'51 f 1 1 I 3 OUTLOT U C s� 4�• IN" I'1 E 36 1 2 3 1 g 3g qg 1 4 5 6 7 B 120 outh line of the South 38.42 feet v �ih 17 e� $pB W N85°D@'37"W 148'74 2 I 589°07'09"W 1 h 4 - _ N 7'09'E 19 2 e rvortn 13042 feet of Sec 15 N 2 M1 II - 136.74 - NB9°07'09'E 589°45'08'E- - 0,�_ r 2 �i tb N77o 28 I / �H9°2505"E 674.25 _� rs14 13500 r ]8 Z'q1 W sy g" ` 130.00 -]74� ,, 3 2 north line of the North 8319 feet of the South 551.03 -'T V t' N79 11 ri 6 0 1. y' 1 n % i` � OurL07 0 6 � `C ry ; 73 2138-y, r Si 17z - 265.61 - 13674 35 \r I S70 25'S6'E / OUTLOi R i 3 feet or the North 1481.45 feet of the NW 1/a o! Sec. 15 _ 735.04 - } S89°07'09'W °' r T r_ !I _ I 970.12 OU RO7 �` I 72 4 SB9°07'09'W C 3 g 589°07'09'W 34 ` N .784.12 Y 404.30 - 17 a 29 _ 4 6 g N89°4718 E 1654.25 r S89°32'09'W = j 13 I6 Z 4 5 7 z 30 33 ] OUTLOT J OU7L 07 K \ G Found Capped tron, License No. 23021 south line of the North 83.19 feet f the South-' OUTLOT A O Q Il .^r�.D 1 Al x 551.03 feet of the North 1481.45 feet a/ the NW 7/4 of Sec. 15 II i4 15 O 5 s L° 31 32 O g (See Sheet 6 of 8 Sheets) I °i p a y U e '^ 00 n I-Innl/`r- ill II vvJi- /N Z (} 182ND STREET WEST IW v112-, 1_ See Sheet 5 of 8 Sheets south line f the N a ^ �r-i� J ivin r I �] vvI vJT71i�0 •r' ( of the NE 1/4 of Sec. 16 N h b VI 1 rr f 0 CO n a5 5 i I II V] N b 2 3 4 5 b 1 2 3 4 5 6. 7 - 3 OUROT E - - - - - - - - - - H 11 � 30- I 7 30' TransmissiCon oopCierative ne fosement-<� j :n n of, Power Q I north Ithe f the 5 1/2= r Afavor ssoc. pfer Doc No. 1641651 I - outh line of the North 1481.45 feel 1' C of the NE i/4 of 5ec, 76 /�� - of the NW 1/4 of Sec. 15 - ---�- ------ -�r- r:, - - - _-__ _ _ - - - - - l DUTL07 F _ - Y ou TLOT i Q OUTLOT c I aa= 1053.61 7486.25 _ 97361 C3 1466.25 N00°52'51'"W� _ NO '52'51"W 40.00 40.00 �r-�\ N89°07'09E 2539. 5 6 n--100.00 ro I I b `' F N89°07'09"E I `q ament-°r' 1i1,� Utility EseOanoge & l b F, N89°07'09"E ✓§� 3 est line of the S 1/2 of the r_ n�n Edge of Wetland 110- �I �� east line o! the West 1600f Se feet- / NE 7/4 of Ser. 16 n !ri C/Tr I `• U F_ of the NW 7/4 f Sec. ]5 r vVl \ I ITL=i I� QQ E_ ',f 7C Uroinoge & Utility Eosemehl- '� I+ O Jvvin ri i it { I. q LDenotes Restricted Access to Dakota County p- i The Dakota County Contiguous Plat Ordinance OLRLOT H 1 I rL v'r �vII Ale west line of the Northeast Quarter of Section 76sp1°2751" W is assumedto bearN00l 0 Denotes 1/2 inch by 14 inch iron rebor set Vr -0 line of the S 1/2 of the ---f NE 1/4 of sec. 16 311 r:� 750 0 750 300 450 and mocked by License No. 23021 y h stole in feet • Denotes found monument marked as shown Scaie,.- f inch = 150 feet g r______ 0- 35-___ ---- 3 __________________________ ___________ 30 Transmission Line Easement in Co Power Assoc. per Doc No. 7641651 1`�II _ o- - orn I ovfheost c of the Wesf 1650.35 feet-, Jo- rot the NW 1/4 of Sec. 15 _-SW co, of the NE 1/4 f 1 south line of the NW 1/4 of Sec. 75-v Sec. 15, Twp. 114, Rge. 20 south line of the S 1/2 of 5� Found Capped Iron, License No. 23021 the NE 1/4 of Sec. 16 194 I. v 2582.55 100.001 N89041'321TE 2662.55 SE' Lor of the x'90 75 Sec. r6, Twp. Rge, 0 ge Found Copped Iron, License 4, No. 2302121 L'j EXHIBIT C Westwood vciilicr;5' won h"chr _c..rr..r. rvr.,..-r r, r -20 L.4;z <z Professional Services, Inc. L F L -6 foot Telephone Line Easement in A V ®NL EA .6 footo Telephone Line Easement in j to 'n, of Star Telephone Company per �p to",/I for Telephone Company per `F Book O of Misc. Records, Pq 514 58905 'O5"W %.moi] ]] i Book 0 f Misc. Records. Pg 514 Drainage and Utility Easements are --- -67.;F4 ---.ro_--------- ----o- ----- - ---- -- - --- ----299.39 ------- ----- shown thus. _yl ------ ------ t ---------- y.j -- -- -` ----116.77 �\ \ 77737 30.E 30.00 ---- '----I x54.20-1 54:L0 r54:f(i� r-77.48 -' �Si 58.16V SSB } 5 189:65 t r . -- m 1D� 6Z74 54.20 -1 1 54.20 / ! „ I`5 15 s I +-Drax age I I orai ,\ ^� °°y l -� L----,--- / 0 I I? Easement) In I NI &uf;nf -NW Cor of the NE 1/4 of Sec. 16 / S OUTLOT (, m I I o' Easement / \xy 2>. _ - _ Fd. Dakota county Cos! Iron Monument 1 / ^ Edge of= s o 3 Iia I ry I ^ I I%5 / I �' / \ R \ wetland \ \ ss' I 3 1 I 4 ^ 5 6 w 7 \\ F s \ ^ ss /a, m 1 n 2 w 8 ry s 3 o ss OUTLOT N /N I try // /p. �� % /�\ $ (No Scale) 51.13 o h °= a N I t o l^ z __ o rn m 30 h5'4=23°26bg1' ly IN I I„� to o I l0 I to / l=y\ 9 / // \ Edv,, af- o Being 5 feet in width, unless xo s \ \ __ 4=1°40'Osj to I to I $ $ __2°4025„ F$ J l / / p� / / 00 \ ` Weil 'd \ $ otherwise indicated, and adjoining lot O / p 0rornage & \ pl - I u,v, 1400 ii ry ,y \ I lines, and 15 feet in width and uanfy + p , 1 1 to / /� i s�o adjoining right-of-way lines as shown �ry Easement p R s° filo to� ,'-7.16 I li, I I o / \ °v o 9'/ / \'�-oso O(/TLOTB __ _ _J L ---J L ---J L ---J. L__�-`i L_- I I j /�, / / n\ ?>rs on the play. 2 // / \' \ B" r -r 4765 54.20 54.20. 54.20 40.20 / ry °59'2 INSET A 5B'25,\ `a65 1-8 Nry °-�3oI�'oxE 250.45r\ .1 2-a 82 -1448 / / (From Sheet 2 of B Sheets) a 9 60 /00 Drainge & Util.tyd0°46'51" £ 3B _ °r 'O'onrA 1! 1I tl+anI oHb ar°^rSmC0/,i1S bl 'I -r 0'_" / ! 0I vI -(_/gq-\,S6 / iI4_o_9r _ _o9p%�r/ r /s a9sl_ -6\ai/' !neI0° ¢ a0 1/ t\-- -/5g�_°�_°/ /ReZ86 ,o -- s_7/_s\/ .z9/8e1\'/0/ y95779t7/---`ey o>/-\°. 1 `12? E-8>/_/--'s5/Dj6k9'sp//E/ s'7-///i1.5_`-3_8tp0/-00Or uI70I 0 0' \"3'ti/,E�_-`/ _'\'O\�0 -9 / a/sDE7_V-a_-\ /ro3Iry\/ J'ssaav)siro Fq_ \ie_0/n-t./\- ' p0 ms aa////1.\\x�pg' / °eo/ '. ,.JI \ eo _/n/.+°_i / I\ ' f , "°\_/ � s �/ J"lN n. R '/ ,-`\:�/9•/>9v\ \ h7�\ i�uo6\ 2.J��� p./h\Y° 1' s\ /�\ A10_ ' o29'u\�\5+�/` 5 /. ' / b,/ \°-0/\, / ;°, I3/h io \/, / O._p-1F�hni'1 / n1'I '6" >j: A� p/ 4o\"�/ tiI b ' -)v / •.I._///•9b( \JO \- (o`Io / / I .h7 3 o \^\//,�„s` v\0\�/w)Q3\1'ry�,7\ g/\ 5S'°/O\ 2L/ \I ��� 6��2/\�l 5'\ >!0s/hl\\JO180 ' \n 'o/a �,"� 1n\0'\O�s/%OYh/_�0\ /b\ \7OO1/-.�h /�ds55'y\\' J �yv \ �\p ('? b 1,x,\ \'^^S ' ry /yl J\sy``/ r\DE\Oo��/io/ra�a\>s�Q,,�\4i\ e�1sl n�mjs a!/�/aO \¢°m�gl•1epp/>�//,�^/e�n5��\ � Do\ 3 i/�t i%s E� v S^h \1 s/ Sp1' .! . b s .%/ !>� /a3/ v/ p9/ht ? ^ry'/ S9ti\\1I/ a37/\/1!7t i\ o./\ Jo\1agn`R5°o �/ \9/\�!,"v\lJ dCC\u°\j 1%/9g�=/:\Bo/// '7m/0e0\\N h2�/\ 9 \ b RiB /\9 /l sy0e/\> \ 3/ 2 m4/A`9 p0° \ O 0 0 / /,/ p/�7/'.� 0r/ / \o_ 'v\'. 0 \4 J 6y / .- \l J a,/y\�0\9 s\hU-/ Ps°'' \'f�`hl/ \\4NSi/ /lo�/. i0ost h�3 /� yyo/ D�R,g9 `/ �`6o E°02L / /d p\� "9 o8 . b0 \ s/ `=N\.0re�� S/ l�4\mm_ 77rb \y 21/,jo e = '°\n.%°O/33J\f'w/?\\�/�r9°/ � y�0'0 '\^7�/ '58.do�7, /\7�/ a;YL ." /\ �•i ;7� 44.08 4/ 7 �./� r /0\ 5\ \8 0`-7o 0/ a\/0 .4/�0 '�o30 /s \4JI/I r/, II hv 'I"I \I � I\I ?/IS\tII°9o A�/ .3•RI\���P4 /5' R//9�=��\s'///ho'1�ga.\�9a/�32°9,/�0>° 'M09<O /?29OsS>90\ /3 -4S?'F9o�3/6\ i` 1E S/4.' yd"`°o ¢°,�/\ d>/,���I�_ ', 2/4iN .7° ,.\ Y '` /f sr/ =r/eS;f` '°32 "r�a?//)a\4?-/°Jb R/ `/,./g5ry\rap9�°/�/?\o8/2�tia'/ /7S\at�3'h 2a5`/^/2O4• e0a\Hh�o\/sO °"'' `//�° J�\ PoA//>?�<B1'8/Ba/.\s,s/ °h B> .J/S p>°r� i\pe `�gO/o/ > / �B's �°7\oA//'z�/p.33ip9��/p?��ry'\g >/'boo"Re.0/ •y {/ yoz//,.F`' S\ 1/p-- d/ .r5 \7 R \ a/.���A=~p �1'\4/ op+J6 \ f O4 Eae.m...rtny 2 -Edgof 1 //\o-b otil`> /ryo P 35.9 /1," -2-002' 3o 09 14p0) a 4 \oa4966 NB6/ ,y/ a 2 /4=5006.43^ 6 42.38 /•' I �lf/\LI' r^q\�1 \ /N \/•\ s oy& Utility o O s s-/"- J'1 6 ti o / /In-5p34'02"`),'1Tneor the NE 1/4se14.57 Ilk 4 � 14.274 /4 r 16.56-, c qu d,lyEoemnf OUTLOT O OULOTA L_ 241 5 37.25 q1 d_ 4 38 7-� 589°06'10"W 161.77 °36'36"E 205'W -9 N86 ------ 6.07 _ ----31.44 A -22'27'16"9-g32761 29.396 4 ° -- /\spy s iOv � ?S/6 \ -•-4R - \ -R -/6-- � \--- 7- 60$- ---'\p o JQo\�4$ In I 7- 7oa /ao0 llh + o7y ol�!M0ry°1_t r p6 & Drainage 0Edge '16 kutility camelsmwetadL ry\ 0J Og79"E 242.95 -3334 -- 24 -f 6v 7 Utility Eamnt& Iv 4=0°7734" J. 08Ja21 25 _587025'1 /00 'a SR lb 4=0°5700NB9_9 UtilityEoo L-0025 36 \J^0 -XE37. s^ ° / & utility / 91 l 4=76022'77" \1833 ~ 33.32 5 25.93 4-,-_-34.22 ca 20 i a/ age & J N89007'09"E 36.74 -J"f 6 utv;ca-nt 9'p3"W o, \hti ryT 'Q _e6b7oO .Ma s\°o1\EzUf.sti\ eitymy esnet & 'ti\ry///\h//0b;/Nk // b /ry / ,, i,I / / i/pNh JBQqa• _ Cg:36JB,E�-?2� \\ "y\Nhd\ = 1 4Bvn-Qo zhsb t I rII mi8 °_pg.22"W _ - _- 1-'.n`lT ''a-Sh^Ll_3 J �- Oor1a6;n• a- 9 e & -„ + v/l ro , 'm, / e1 /a r`.�F^/v->,-i 1' 11 JJ/ Oh!/ . %y/ 'n/ / l"d=71 .• B3`6flfi I N>q'�\O$ s ��o iv ��kI 21°25 .37" 144.90` / p =92°19'13 `do -3u2�J III1 >wbo f f -Ila 3°23'09 I 37^ ss`" 25.12 9 40.28 5e S1i Q9 28.06 25.78 27 ---89--7'-9--3 7425 p=3°5622�iid=7°39'47� 410.03 °26'78_ --------- !$naz 40 s23, 'sz sy\8>\sJ �4%//��/ \\s> \ \ / / / // /n?ry/,0Uft°ai n�lYnnen //�r/�/ll � . , SoRsr'iso• . /9_ "2_s- 7?i+7'LI3!285'I� NB5°aB�-i I _°:_DrainagUe r7;cty Easement 36Ah/ L-NB9°T09E110 136 J4 -urtl-lily-Eo-s3& em6 �plu /ary °l� r1" toT. 2 __o°magaI 7Slip2 L _ _ _ ____ °eo° Ji 18 28 I°0709f- e1n-3f 6.-74 ryoma37"W3500 QI NB9 &'w--J1I ro� I Utility Easmnt IItQorn `g0y1..25'9?" Lt _73258-----l �-- ----_---- ,� =�I N00°52'6 7" w 10 13.- 38.48 °0.09NB9 E265.61 t------- N89007'09E 736.74 50 0 50 100 750 � - N89 -07'09 "E 13504 - 076°02 g1xE f O Denotes 1/2 inch by 14 inch iron rebor set fie west line of the Northeast Quarter of Westwood ........:.:>..::....:............. _............ _........... _...................................................... _...:......._................................._...................................................... / Scale in feet and marked by License No. 23021 Section 16, Township 114, Range 20 is �......................... - Scale: 1 inch = 50 feet • Denotes found monument marked as shown assumed to bear N 00°2751 w Professional Services, Inc. - 589°32'09"W 404.30 Chmf 3 of R ehcafc A VONLEA 5 /oat Telephone Une Ensement ;n r6 foot Telephone Line Ensement m. lovor of Star Telephone Company per. Found Dokoto County Right of Why Monument. - 1 Book Of It Miscel Reco eo p514 per S89F54'05'W 127 t)'2 Book 0 0l Misc. Retards, Pg '..14 � ---- o --o , w 67.25 N 67.25 Ir r--- - ____-- - 64.25 -- -_- - - 64.75- - -6 ----- -64T25 54.25 ` T 64.23-- _moi' 15-- 4 Jo -� -- --- _ 31.18 j.J L 741.78 "I I 64.25 64.25 J L hi64.25 425 i �NB034 Os ��"[-_Dram°g= & utility Easement 153. D + 2728 6523 �.. - 5885°57'05'E 12889 O I z 26 �i ^`� a��� \ r -If0 for 11 Drainage + SBO z7• - - - R NE Chr of the NE 7/4-' /9 sea .t of IN to I Im &urnil II loo e I•�-3D71 I� zaf i o �I-___ �. �I v. 25 a/Sec. 16 ^ ^ g rn _-30 Twp. 714, Rge. 20 43'28" £°sem �r I le hl 15Bs°54'05"W I h "* 1 217° D &utility I I� ? I I� �r 36 I^ 37 3Q ,mow d Found PKw/washer D D' 36 ° 27 ^ 28 1 Easemem 30 31 32 33 34 39 , R' S aD \ w l W 11 I W I I, I W I,U1 W IK �1 W m W w l D-i-ge 589°54'05"W /39.83 ^ ^ ^ ^ ^ n ^ ^ ro I '� °� n n Easement L----------- ^ I I I I I� I �I n I ut ty ^� 1 N I NI I la I Ih I IN �Q IN Iry NI I^ _I IN IN ryl I_o N I I ° ° I o 0 o I I°o °o °ol o I Io of 1 __ 0 11 ¢ v \ $ gl Drama e Ivo y y I Ion ly $ $I vo ISI Q 39.20-3 �W / - ----- 0o------ - en"s v I I I` I& unhi I I I I I I I I I I I I I I I I I I I c l" 25 1�- \ o `s3R \ _ I _ _ 1D lo/ Easeme r I - - - _� L_ -J L___ -J _J L --_-J L____J L____J L_ -__J L J L____J L____� L_ --_L _-ice J o01 32.37 6725 6725 64.25 64.25 64.25 64.25 64.25 64.25 1 64.25 64.25 64.25 !2778 r oaf yM. 0\ - - - 589°3623"W 803.75 - - - f 18.32 1 p5 / 4 �S;o�'ss� -�C�o as - - - 37a.71 4 co \o. °. - - - - - 275.87 `� R as�S W \ X55/ / / /yid=4°78'58" �\ 6` (1' EFUNC, COi44T `" 0 1 -_ 4.52 i m �Y / / / / °\Og\ d_ 12° 24.22 65.25 65.25 122.02 129.08 ?r A 'Zi P / ?0 64.21 64.25 64.25 2691 <// 24 / /0 I r- 333-1 �T---_I F -110 r-----__- --1D-------__-� r---- -----1 ----� r 4 s. \ Lb O ,lye ^IO voo Ci \ Drhmoge & / /.yA' 1 I=29°51'S4e1 1 4 k 1 uoofyEas°menr \ / /•/1a ! °, ^ roN N IN tIo 0 0l I 36.09 19 1 23 2 25 o V F o0 t 1o3n f I oroo f 1O1 3 �-i30 fooat eTan mfasia n5 isapt ae.4 i 22 2031 Asiton per 0- - ---------^ No. 164165770 7 W 129.098_W09°36a 8S83_-2 6-31'21'10' I r 2 �i 47.04 M1�^5 3j4o.�� 1 l2 2 I g z m W N .-Drainage &I I �� 1 Drainage &=- --1 wo zs - .y b UI th" Utilrt 1 - -----10fr-------- ,h iv7 vI e h I 5° 9 �'� �s3952r _ O E emena I I E -22 - it / / o L� 11 L -_--J L- _J L-_ / o ---J. L- --J L--_-� -J L__-- --- 6429 2 64.25 6425 0 64.25 1. L-- _ __J i` 0 1 12210 0 729.00 - ' / r`, yN84°21'35"W 6525 0 65.25 ------- � _ _ 99.35 P - / h 589°38'55"W 25260 70'r - - - - - - - - - - 589'36'23"W 386.04 - - - - - - - - - - - - - - - - - - - - - I L. I h i OUTLOT O R, oT. ^ n 20 �+° ��-Orhmage & utility--!-� n ^ 21°03127" � o - �' � n /° se . Eament p= 30 30 -R= 70.00 - NB9°07'09"E 36538 _ Drainage &Utility Easement -sem 10 --- �� J4'' 7 p7� n 53.22 0 /g6.08 aCB+61�70EAVEME r •O� /ow �'' i Gi 18°3401 i R_266.001 Rk /^i �i� o R_500.Oa p_78°OD'4 0 ° 2 ' J n nr89w3r9 162.03 ~1 1 14366 .�;?6a 525a 14554NB9°34'26 "EA22.7E61, 83.22 63,10 _ 0 55 610 ti 0 65111721 ^ ------ -----� s, so I/ I o II-- 1 19 i --------- 48 r I C Ea emY41 29.76 N 6 / 3 o ry � c•� D z // '-Drainage &Utility Easement 1 - ' 34.40 --- 64.1D -' 54.00 o 74.00 0 ----I �cc 61-66 0 D=6 4124" s?; \s. I o I al I I I 1226 I gl I ^I I I to gl I 1 nI 31 I 3o F M1 I^ I 1 °� 1 e 31 2 Fi I Dov 13 4 31 5 °Q ° e °y MI Zvi Saj I o o` o of sl pJ f a of to �� of 0l f2 21 I I'� I /°I < '- LI-L_ L__ _J V1__J L_ J LLL__ _J 64.10 0 © 64.10 54.00 74.00 64.00 rpa5°55'27 4=2°4T30�II li l a s?; \s. I o I < I 11.50 575°38'41"W II ,e y 3 8 3 7 I Mo a B ro h '' /°I < '- n 1I -36 - 47 \ - lo \ Drainage &-= 'I l t Q 1^ N89°50'36"W J L'� � o o Olirly Easeme,! 30 loot Trhnsmiss7on Line-=� "' I7 L, -mac 4 f Easement m fowrof Cooperotlpe Power 6481 0 E s`` t4 o02 29'40'E oss164.1651 ac 4 25 \ east line of- toe NE 114 f Sec. 16 Hyl Z3` <� 1n o L i] 2 INSET B (From Sheet 2 of 8 Sheets) 50 0 50 700 150 Scale in feet Scale: 1 inch - 50 feet Denotes Restricted Access to Dakota County per The Dakota County Contiguous Plat Ordinance o Denotes 1/2 inch by 14 inch iron rebar set and marked by License No. 23021 • Denotes found monument marked as shown Rte west line of the Northeast Quarter of Section 16, Township 114, Range 20 is assumed to bear N 002751" W Drainage and Utility Easements are shown thus: Cj .�I I 15 75 --------� �----L---- (No .Scale) Being 5 feet in width, unless otherwise indicated, and adjoining lot lines, and 75 feet in width and Do-------- adjoining right-of-way lines as shown on the plat. ---- 100 00 NB9°07'09"E Westwood Professional Services, Inc. Sheet 4 of 8 sheets N89°3429"f 320.20 S8 54.40'15�W N60°294 \ �__ 49.1.3 ` 1 575°38'41"W II OUILOT L Mo ro h '' /°I '- n 47 \ - - - \ Drainage &-= 'I l I Q 1^ N89°50'36"W \ o Olirly Easeme,! I7 ^ 57.61 m 1 1 1 3 Q Donge & Utility— 1 70 Easeme,} 1 Edge of Wetlad-� \ I I W y uNi N8910T09"E 730.00 °i ` m I1Or'----------- sp ^ ^I 2 l-2 N89007 130.00 _ R - OUTLOTK I r; II I ¢ OF--------- I10 3 I N l i II ah e Drainage & Uli/ify-�^ i� b; Easement � 11 o ,1a o OVFLOT J sm 0 oro NB9°07'09"E 130.00\ o z � '� s° ----- ----- r a "E 102.40 I 30 o - 1 I- N80°41,20 s °o -�__--Edge b4 t��o p �� f Vr (I d-_ 101 } `/ 6. ...... 2 •SIp°aoa 3?O �Ss6'e L -------__--J ! ............................ " ... .,..., ._.. ........... �! ., ...... ..... ..-,.... .... ..... ... Sas 2505 w67425 .... ... ...._... .. ..... .... .. .... ...._ - - NB9°0709"E 130.00 - er1F�?452@"n 17. 4a - - Found Dokoto Covn}y Right of Woy Mhnum en (=- east line of- toe NE 114 f Sec. 16 Hyl Z3` <� 1n o L i] 2 INSET B (From Sheet 2 of 8 Sheets) 50 0 50 700 150 Scale in feet Scale: 1 inch - 50 feet Denotes Restricted Access to Dakota County per The Dakota County Contiguous Plat Ordinance o Denotes 1/2 inch by 14 inch iron rebar set and marked by License No. 23021 • Denotes found monument marked as shown Rte west line of the Northeast Quarter of Section 16, Township 114, Range 20 is assumed to bear N 002751" W Drainage and Utility Easements are shown thus: Cj .�I I 15 75 --------� �----L---- (No .Scale) Being 5 feet in width, unless otherwise indicated, and adjoining lot lines, and 75 feet in width and Do-------- adjoining right-of-way lines as shown on the plat. ---- 100 00 NB9°07'09"E Westwood Professional Services, Inc. Sheet 4 of 8 sheets F A VONLEA INSET C m / 5C (From (From Sheet 2 of 8 Sheets) p• / 1,0 . 7I 25 12h 89°07'015N85°06'37"W - 136.74 r__ -- - - __ W I '`V=� 1 / IIhy h� mgrn"e' I •0al rr , n� ^= E 7 _. -S„O 29 v•� r-1 ------ - - - - 110'0 1 try/ l / ��ilocasemnr r lI i L 2 ' N768 2 4 t0o o E_I10 1 _ _N89°07 093 E_5 13 v N89°07'09 265.6 L 133.03ti N89°07'09 E 13674 ui 9N89°0709E 135.25..�i68 ---------- 738_74_ _ to' �-25rolne & Utility o 589 ° 1351151.05-I O O I�lv 3 0 1v0 2°3'3" I25 -_--- 1 -= o0 8 25 25 p 6.13 7784 ----------- ---3-- %% 25 & Utify.... 5 12 170 o � I M �� 110 Easement I o 0 InI ,ri I� "a u 4 I i N89°0709"E ]33.00 - J �- N89°0T09"E 133.03_ J L _N89°07'09"f 136.74 - J e I ^ 4 I - - - F72j6 L N89°0T09"E 135.00-J 25 0 ----_--_., �__ --- I N o s ----------� or-- N89°07'09"E 136.74__) L ----------J --- --- r L--- ------ o & urnlr I 11 NI I 3 0 or°,n°yeE :eme�.n 4 -110 `„° S89°3328"W 135:67 w Easement y o 3 7 I O to --r�, n M 13 ;. o I 4 to. o _ I*ol �'n 33 to v p I of N o ¢ I� oro loo hl w n 30 I^ I. li:v h v n I hl w I mlo c°io ____ __I 4=4°00'00" IID ^ °o 3 W °$I „1 I 1 bbb 22 69 I _ Clo N89°0709 E_ 136_74 o o _ _ - .-N89 °07'09E 135.00 J �n L N89°O7b9. E 733.00 - L 2 L - N89°0709"E 733.03- J o L - - - - -"- - - - J ti - -- --- - L --N89°0709 "E 136_74-J w n L --- - - -- - -------- �I -� - - - DU7ZOTA o g ;,I r -N89°2530"W 136.94 -- r----------�1 h r----------11 tai ---- 10i -_-- 1 219- iy I� y I10.to1 m d=2°1856_" �;,` Q C il.^al 0 1 to I 6 a Ir. I t o 0 5 o n n In NI 18.99 _ir `" 2 / n' D m m m r. .oraloage & h 5 ri $ I k m . .amage & I ',utlut Easement °j .D-,oga & 41 ; (unary Easemenr 1fa ' y 110 1-1257 tn1 y Easemenr 5 25 I zs 25 -- . i u __ L ----------J L 1-- J -------J 1 /'t _d=73° I 1 i I L-- -_-- L-+ ------- 136.74 2 1 �o d, oa - 3238"--y--J Y-��-_-----Jof 133.03 736.74 o"�0 5�37a o-ory 710 _ 42.29 135.00 o! (p a�01 0 \1113o S,g7 469. all �� d'16°34'14" i - _ - - 298.47 - - I_ 376.0) _ _ 191.62'44.6= - - - 2022E - - - NB9°07'09°E 816.80 SM STAEEr WEUF R:5ti O ism STRO-7 WEST 11.95 do o 5 0 87 3 l 6O?s y2»=1 _ 7425 2 74.2. -- 'y64.25---,0 2-- 9.19 0 74.25 74.25 74_25 ---_- T----1 r-----1 r---25 h 56.36 2 64.25 2 --------- r' --- -- 1 �oroino e & 74.25 � h es, ^ a_ -----1 r--- r ---T- r owl v 9 00 M sz o1 f I I -s°36'72" I I Drolho a&" I utility Easement I I o g. I I o N^ h 25� h1 I a - p°46'57" o o unity I I o 0 0l g z tp DUROTE oo ;,y / 1 tq �/ S o "--753 loo Drainage &" o o _south line of the $ I Easement S $I of „11 1 „� i9 1 � / yl I o1 tui utalty Ih h ui h h ill �I MI I ��,. O M 1 1 ^I II M Easemenr 1 M ; N 112 of the M ^I 2 't9'I 3 I 4 31 5 3l 1 8J 3 7 $ ,NE 114 0St. 16 2N o9°a 2 wl I 3 a 3 3 3 3 1 �J 3l I 3 o e` I I� u 16,90 ° a �I I 3 4 J it I, 5 6 ^ I - n1 1 - h °,°Fc -- 15 N - ,0 I Iw- u>- -oq°o yl - hI NI 05 h o _. sr2°e 21 1 0 l I v1 ogeoi I lh o h l o f o°s°�° o f ill I of of n 6 0 0 0 00 + E of of I of of �� Z I o e e I aorta 1;ne or tne� a 0 0 0 1 to er1 '1's ° ��-L 1 1 zl I $ of n0E°5 I Iz IZ Z s 712 or rhe NE 714 of Sec. 16 , �` I ssi 9 N13o9?B E-- 1 1 \ I I I I I I __ Li -1L --J L ---_J L_ ----J 1 l---i4 -oJ Li- ---J L 74.25 _J L- 74.25 _J 74.25 -J Li 74.25 L-- .25 2 OOy" Say, t H 7698 64.25 64.25 1 74.25 74.25 87.25 S89°19'58W 248.98 _ - 56 N80°0642'W 76.98 - _ 65.81 - - S89°07'09"W 128.50 - N89°0709"E 532.75 0 N86°4454"W S89°10'39"W OUMOTF 1 -west line or rhe NE 114 or Sec. 16 to m t; -Edge of Weiland u) l � Drainage &Utility Easement �-- O I S80°21'48"E -6.46 _ - S67°15'49 E 96.78 S84°36'77E E 97.81 - _582°7954" 588°4335 E N83°56'22"E - 59.00 N83°12'52" E 9007 _ 8344 74.42 - S&5'27'4,0'E 99.29 -I .�- sy _ N79°41'49"E _ S89°53'00"E 174.91 r ' S89°04'43"£ 742.77 - � N86°50'17"E 100.52 - S86°2725 N83°1696'E 'Edge o! Wetland 6.84 _car OUTLOTG b 110 N 1 o Denotes 112 inch by 14 inch iron rebor set and marked by License No. 23021 • 0enotes found monument marked as shown The West line of the Northeast Quarter of Section 16, Township 114, Range 20 is assumed to bear N 0002751" W Drainage and Utility Easements are shown thus: 1 5---.1 �5 I I I I - - 15 15 - ------JL - - - - ----- (No Scale) Being 5 feet in width, unless otherwise indicated, and adjoining lot lines, and 15 feet in width and adjoining right-of-way lines as shown on the plat. 50 0 50 700 150 MONOMER Scale in feet Scale: 1 inch = 50 feet Westwood Professional Services, Inc. Sheet 5 of 8 sheets A VONLEA INSET D (From Sheet 2 of 8 Sheets) s e.S89'0709W I JO -00 .120,0R_ N59 -07-09-E- 13 174.40 ..................... .... ........... 00 .......... ..... ...... ........ ......................... ....... ....... .......... . - - - - - - - - - �a-Fo-d Dakota 30. 00 g County ht of wo, 30 t hl 5 LTA .I L L52907'0s"E -132-0-0 30.00 N89-07'09 E 30- 1---30 kot Tronorhissio" 6 D,,i.,g, & L16fily Ll- Eo -t in ryI Drainage & fo-i C..P-ti- Po- A-iof- p,, v l Utility Easement lb D- No. 1641651 L -------J 97-'0�9E -t-�-o OEdge of Wtihod-' ---------- cl ----------- ------- 7 21 o 1 -o of to-, 114 of 5- 16 o - L - - - - - - - - - - - OMOTJ 8 -30 L-Nq--9oQ-729`E '30-QQ OV77-OTK 0 L N89°07'09"E 130`10 zz `o, r----------7 7 D o—go Utiify Eh --t .30 f..t T -i-;- i. f- of coop -ti. Po - to Association per Doc No. 1641651 50 0 50 too 750 41 1 � --th �i- of th� N V2 of th. NE 714 of S., 16 'o in L N89°0 709 --E -130-0-0 J CC C Scale sc./e: I inch 50 feet A feet k,o 4 -north lineof the S 112 of the NE 114 a S- 16 N L------_-- - - J Drainage and Utility Easements are shown thus: N89'07'0 130.00 'E 173.71 Drainage & uffidy Q In -L L-5 & Wility Easement21 f Wetland S892'.0709 ...... o, N83 -1061F 10 10 7,82 S88029'39"E 12.54- V, 15.J2 -F.,hd D.k.to J -J1 L - - - - - - - - - - - - County Right of - - - - - -W.y Moo-ol I it Y87o2775 S88°2042'£ 160.10 -S88°29'10,'E f scale) 117 N87'0 S875556"E 128.42 N87 -56'19"E 115.70-"' 1 >NOO'52'51'W (No 00 7.46-- Ir Being 5 feet in width, unless otherwise fndicated, . . . . . . . . . . . .. . . -L-IN "'J 4fi - I --Found Dokptp and adjoining lot lines, and 10 feet in width and T N89 -07109 -E of adjoining right-of-way lines as shown on the plot. OUMOTI Edge of W01 -d,' 10.00 W�y M -- County Right -t ---------- foot II T, --;-;o LnE- ot per 1 30 30 1 D-oge & Utility Eo -f No. �7'541651 tl- Denotes Restricted Access to Dakota 101 County per 777e Dakota County I1 t 99J. 61 Contiguous Plot Ordinance 30.001 1130.00 N89'07'09"E 1053.61 o Denotes 712 inch by 74 inch iron rebor set and marked by License No. 23027 0 Denotes found monument marked as shown The -t line of the Northeast Quarter of Section 16. Township 114, Range 20 is assumed to bear N 002751" W Westwood Professional Services, Inc. Sheet 6 of 8 sheets F N8904718 E 784.12 27 25 G0 2-1,110 95 93 0 3 .O1 30.00 1 \ 100.07 ;- 52.65 0 -� 2, 1 272-� __�' 325.53 Y 3.06 Z.7 N79 4531 E,BO a-�o - - ----_-_p --- -- o � -- - --- - S80° o o r` ----- ?569- _>/-! ; w -Found Monument LS V2,302f r / I ly I 6717 1 _ 3115 E- N `�� N ! N2G°40'32"E h O OUTLOT NI 11 , 70 N00°05'0! E ;5 M 307 6777 d o 589°54'59 6777........... ' 6 22.73 m S69 54'59"E a 6992 I5 -- - i NBO°717 I--fes__-15--I 7 0 e Drainage & Droloage &� �` '31'75-W I L - - - - - - - - - - 30 4 / - - - - I UNRY Easement h I I tr Utility E°sement h W ---__-- 7o r- I _ --- - , I .r c �-Draln°ge I I L------ -- E 73- S ?� N y/\ --- - 3 0°0 h i i Ubhty Eosemenl h 1 23 30.49 1'� 101 y - - - - e I 1 \ Edge of F Wetland 23. r - 0//// ___- _ I_______ ___ I I N h I ��;\ 1 I L "'• ".. S89°5459 E 67.17" 0709E 130.00-----J 5.00 ------ 10 r $ 0 d u d °. v o, II --- a I L 7 I ----- 6717f3 N ----------------- Z---------.---,--� I r 6 4 -_�-Orainoge I✓ & h uurty d 4500 I L---- f0 I I� I __ -J ✓ o N89°5459"W D o l l a n w° o N 14 2N 0 o i \` ____'^- 074 7 6Z 17 p Na0°3175"W -__-west nne of the NW 7/4 of Sec. 15 N h 10 O o QQ---------I- �V z _ N60°715 31 '15{y vi v� N x'15 j ONk W W 3 2 3 W 3 t 00 o 1 00 2 DO 00 h o 2 2 3 4 Op ----------------------- ------ I � I o d 0 o I 00l a ° 6 oN89-5459"Wo oo h a 0� is 2 67. 14 O 1) 0 v ^ e o y N89°07'09"E $ O v 2 6777 580° 37 ry � o 0 6717 sz77 S89°54'59 E co N I oo 0 00 58037'75:E' 3 m ry 15 E W y z Lh z 5 $ 3 o ti a 25 w h 116 16 0.76->^ 22 3 N' N "1 25 p 6777 I O1 n 45.00 szr7 32.00 32.00 32.00 3 o, 'n u o 4 1 o N891459"11 4 I o S89°5459 E° vi o f5 s7 .NBpo J3 31'15"W o 2I 0 o = o O 671J S8p 3115, E i p-Dromoge & Ufilify Eosem ant i--45- -1 `r' I v 3 6 SS\ ]1 $ 4 4 15 I OUMOT O 4 L - - �. s'-4.37 ' 435 I C IJ L 589 'f_ 1. 054'5 9'E 43 70 - / - h �� 75.76 I SB E Drn,n°9e- o & Ufilify O Eosement 1 p 25 / 25 ire I N w 1NB9°54'59"W < 3 6717 _____ 54.00 { N89°25'51"E N89°54'59"W 6717 r_ J391J - 3375 -- -�----6711 S89°54'59"E 186.0 f ' ------ ------- o 6031' 67 i75%y / bl If N ]38.93 - N89°5459"W 27721 7Z2B _ � ITK 32.00 32.00 32.00 -1, "� 7 �o o ___I N89°5459"W 67.00 l_d=7°20'26"' '� R=163.00 , p 2088 O n w 1 N89°5459"W 6700 0 2 0 0 0 N 589°5459 E 6700 21 3 $ M h N89°5459"W 6700 4 8 N89°54'59"W 67.00 --15 5 -- S89°54'59 E 6700 w 4W 0 0 2 ! �S62°OB'05'E- :�..�.........4392......... h 3N NWt h 0 0 - 5t82°I77179E 1324Q - - - - - - I & Utillty Easement 3 I I 3115"W 1 �,�.m o W ---__-- 7o r- I _ --- - , I .r c �-Draln°ge I I L------ -- E 73- 1 ?� N y/\ --- - 3 0°0 h i i Ubhty Eosemenl h 1 23 ---ti-� ----------------- 101 y - - - - e N89 07 09 E 730.00 \ Edge of F Wetland 23. r - u a p ___- _ I_______ ___ I I N h I ��;\ 1 I L "'• ".. -----N89 0709E 130.00-----J 5.00 ------ 10 r ---- -----J S87v13'77"E 94,33 4 -- -�- --- -------------- li -41 - - --- I L ---.__J I ----- 89°54'59"W 1 6.00 N ----------------- Z---------.---,--� I r 6 4 -_�-Orainoge I✓ & h uurty Easement 4500 I L---- f0 32.00 32.00 32.00 I� I __ -J 45.00 zl 902344" --"� v 074 7 37.39 ry -__-west nne of the NW 7/4 of Sec. 15 10 QQ---------I- �V z _ vi v� j tW 3 W 3 1000 o a� qtV 00 o 1 00 2 DO 00 h o 2 2 3 4 Op N o 53.77 I d 0� 0^ 0 ,° c° o ,a e o N89°07'09"E 0 co m z y z Lh z 5 $ 25 w h 116 16 0.76->^ 25 p d O1 n 45.00 32.00 32.00 32.00 45.00 o l NB9°54'59"W 186,00 t 2 w° N f5 0 O I OUMOT O ire 3 I w 3 ____-_--__100-_________-_+ _____ I S89°54'59"E 186.0 I'.1 o g I bl N c I 45.00 32.00 32.00 32.00 45.00 2 o g z51 -'i 1 � I z 81 c> I f7 � I I W 3 W 3 i3 81 I OS a om ' o 2 3,° 4 0� I $o I 33 o0 oe 2 5 - zr-� N89°07'09"E 253_• l_d=7°20'26"' '� R=163.00 , p 2088 O n w 1 N89°5459"W 6700 0 2 0 0 0 N 589°5459 E 6700 21 3 $ M h N89°5459"W 6700 4 8 N89°54'59"W 67.00 --15 5 -- S89°54'59 E 6700 w 4W 0 0 2 ! �S62°OB'05'E- :�..�.........4392......... h 3N NWt h 0 0 - 5t82°I77179E 1324Q - - - - - - I I 3 I 1 I I I N I N89°0709 E 130.00 W ---__-- 7o r- I _ --- - , I 2 I n I I I L------ -- E 73- 1 r- -------- I --- - 3 0°0 & 4 II north line of the North 8319 feet of' Ubhty Eosemenl h 1 23 3 h I 101 y 6Z N89 07 09 E 730.00 \ Edge of F Wetland 23. r - 45.00 ___- _ I_______ ___ I I N h I ��;\ � N I L "'• ".. -----N89 0709E 130.00-----J 5.00 ------ 10 r ---- -----J OUTLOT O 4 5 N h � I L ---.__J I ----- -N8907 09 E 130, 00 N ----------------- Z---------.---,--� I r 6 4 -_�-Orainoge I✓ & h uurty Easement B o I L---- f0 I� I __ -J ? a N89°07'09E 130.00 A VONLEA INSET E (From Sheet 2 o1 8 Sheets) m I 3 1 30 0 30 60 90 Scale in feet Scale: 1 inch = 30 feet o Drainage and Utility Easements are shown thus.' 3 I I h 5� _ I 5 Iz ---- 10 10 30 (No Scale) Being 5 eet in width, unless �s \ f 45.00 32.00 32.00 32.00 45.00 0 °,:' �' �� f 5.5 adjoining 10 ft-of-wa linelot lines, s shet own width indicated, anthe adjoiningand plot 54'59"E 186.00 - �'�,' k's _----------------------- - _ J I south line of the North 48 Rods - W T 7 -- Denotes - r 2]7.18 L 566°10'59"W 94.30 Denotes 1/2 inch by 14 inch iron rebar set ��a1,- - - - - '- - - - - - NB9°0709"E 310.96 and marked b License No. 23021 C� \/ N89°50'06"W 311.46 r.� Y I S rr I \ \ T `>Drainoge & Utility Easement north line of the South 138.42 feel- I T �' o t-A03rae! rRAC �, R Q -? 1-------------°f the North 970.42 feet of sec. 15 -1-Drol£ose a unity-' ro N N • Denotes found monument marked as shown + - - - - - - - - - - - i I R}aRRpC1 'j 176.38' 730.00 C5 S89°5459" 151.00 L 7 �, _ The west line of the Northeast Quarter of U V 32.00 _ E I C I 3 C� 1 I 4 6 on 7 on W oo 0 2 o`O i0I , is 4200 32.00 32.00 4500 1 oh 2 og 3 0°0 eoB_ 4 II 45.00 32.00 32.00 i 15.89 - 45.00 -- 29.74 -" 32.00 3 3 1 I 3 6 on 7 on W oo 0 2 o`O W is 4200 32.00 32.00 4500 1 oh 2 og 3 0°0 eoB_ O� north line of the North 8319 feet of' Ob Ob o h $r, z y 6Z 21 \ Edge of F Wetland 23. 17 45.00 ___- _ I_______ ___ 32.00 ��;\ 32.00 42 00 / - N89 54 59-E 151.00 0 is W 4 3 0 0 42.00 v S89°5459'W 15100 1 42.00 32.00 32.00 i 15.89 - 45.00 -- 29.74 -" 3 3 3 1 I 5 'n 6 on 7 on 8 e o oo 0 2 o`O o1° is 4200 32.00 32.00 4500 -^ S89 -54'59 "E 6Z17_,-- ------- f=. P O tl S89°54'59"E 1 I I a \ I 3 \ Q a � =_ o z 0 is o 2 n r _ 6717 5.00 N N89°54'59"W eoB_ NII 20 north line of the North 8319 feet of' S89°07'09_WM°ol o $r, & Utillty £°same"t the South 551.03 feet of the North 6Z 21 \ Edge of F Wetland 23. 17 W 1/ 4 1481.45 feet of the N of Sec. 15 ___- _ I_______ ___ S89'54'59'E ��;\ J .Try "'• ".. 3 5.00 OUTLOT O 4 I 31 L------89°07 0--�9 rE -I 00 -- N -----J a N OUTLOT A Z---------.---,--� I -^ S89 -54'59 "E 6Z17_,-- ------- f=. P O tl S89°54'59"E I 67.17 J Q a � =_ 0 is o 2 n r _ 6717 _ N N89°54'59"W NII 20 2 o ro _.-Dromoge n I & Utillty £°same"t N 6Z 17 S89'54'59'E 3 30 4 1 _ _ _ _ _ Section 16, Township 114, Range 20 is 1------L ------ - - _. r - - assumed to bear N 00°2751" W i 70 ! ' n I LDenotes Restricted Access to 1 0 r Dakota County per The Dakota ^ County Contiguous Plat Ordinance � O- I J Q a � =_ L------ N89 0709 £ 130:00 _ 3 r _ _ N o NII 20 2 o ro _.-Dromoge n I & Utillty £°same"t N 3 30 I L------89°07 0--�9 rE -I 00 -- N -----J Z---------.---,--� I I 4 I °gl Doth line of the North 8J.19 feel of the south 67'77 6?°Og• s 551.03 feet of the Nth 1481.45 feet of the NW' 1/4 of Sec 15 N69°54'59"W "S 70 North /-Found MonvmeTt LS y23021 Z� \ i I I I f .............: 1. 10 1-----_---130..41___.-----J 30.40 1. 1 ' 100.01 I \ 277.52 \ 312.58 N89047'18 E 784.12 Westwood Professional Services, Inc. Sheet 7 of 8 sheets Lakeville Memorandum To: Daryl Morey, Planning Director From: Alex Jordan, Civil Engineer City of Lakeville Public Works - Engineering Division McKenzie L. Cafferty, Environmental Resources Manager Brett Altergott, Parks and Recreation Director Copy: Zach Johnson, City Engineer Jerilyn Erickson, Finance Director Gene Abbott, Building Official Date: June 25, 2015 Subject: Avonlea • Final Plat Review • Final Grading and Erosion Control Plan Review • Final Utility Plan Review • Final Tree Preservation Plan Review • PUD Master Plan Review BACKGROUND Mattamy Homes has submitted a final plat named Avonlea. This is the first and only phase of the Avonlea preliminary plat approved by the City Council at their April 6, 2015 meeting. The proposed subdivision is located east and west of and adjacent to Cedar Avenue (CSAH 23), east of and adjacent to the future Hamburg Avenue extension, south of 1791h Street (Future CSAH 9), and north of and adjacent to the future 185th Street extension (CSAH 60). The parent parcels consist of four metes and bounds parcels (PID Nos. 220160001010, 220160002012, 220160076011, 220150026023) that were rezoned to PUD - Planned Unit Development, with City Council approval of the preliminary plat. The final plat consists of two hundred five (205) single-family lots, forty-three (43) multi -family townhome lots, and one private home owners association (HOA) lot within twenty-five (25) blocks and twenty-four (24) outlots on 191.9 acres. The Developer is dedicating 7.59 acres as Cedar Avenue (CSAH 23) right-of-way. AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 2 OF 17 The outlots created with the final plat shall have the following use: Outlot A: Future Development; to be retained by the Developer (6.94 acres) Outlot B: Wetland complex; to be deeded to the City (0.51 acres) Outlot C: Future Development; to be retained by the Developer (0.30 acres) Outlot D: Wetland complex; to be deeded to the City (3.02 acres) Outlot E: Stormwater management basin; to be deeded to the City (1.10 acres) Outlot F: Wetland complex and park area; to be deeded to the City (4.34 acres) Outlot G: Wetland complex, Greenway Corridor, and park area; to be deeded to the City (3.48 acres) Outlot H: Future Development; to be retained by the Developer (61.71 acres) Outlot I: Wetland complex and future greenway corridor; to be deeded to the City (2.32 acres) Outlot J: Stormwater management basin; to be deeded to the City (3.00 acres) Outlot K: Wetland complex, greenway corridor; to be deeded to the City (14.17 acres) Outlot L: Stormwater management basin; to be deeded to the City (2.50 acres) Outlot M: Monument sign; to be retained by the Developer (0.14 acres) Outlot N: Wetland complex; to be deeded to the City (1.03 acres) Outlot O: Landscaping and buffer; to be retained by the Developer (1.07 acres) Outlot P: Monument sign; to be retained by the Developer (0.07 acres) Outlot Q: Common area; to be retained by the Developer (3.18 acres) Outlot R: Wetland complex and future trail; to be deeded to the City (0.32 acres) Outlot S: Common area; to be retained by the Developer (0.46 acres) Outlot T: Future Development; to be retained by the Developer (5.60 acres) Outlot U: Stormwater management basin; to be deeded to the City (3.38 acres) Outlot V: Wetland complex; to be deeded to the City (0.36 acres) Outlot W: Common area; to be retained by the Developer (0.10 acres) Outlot X: Common area; to be retained by the Developer (0.16 acres) The proposed development will be completed by: Developer: Mattamy Homes Engineer/Surveyor: Westwood Professional Services, Inc. SITE CONDITIONS The Avonlea site previously included one homestead with a barn, two accessory buildings, five silos, and driveways that were all removed and demolished in November, 2014. The well was sealed and the septic tank was removed. The Developer began grading the site in April, 2015 following City Council approval of the preliminary plat. A Vermillion River Watershed Joint Powers Organization (VRWJPO) Principal Connector and Water Quality Corridor meanders from the west to east through the center of the site. The water corridors are conveyed under Cedar Avenue via existing culverts. A stormwater management basin, located on site within a drainage and utility easement, treats the runoff from Cedar Avenue. An overhead utility is located west of Cedar Avenue and extends the entire length of the parent parcels. The land generally slopes downward from west to east. The parent parcels are AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 3 OF 17 located adjacent to an existing Metropolitan Council Park and Ride Facility and the City's Central Maintenance Facility. EASEMENTS The parent parcels contain existing p--blic and private easements. The following -easements will remain with the proposed development: • 30 -foot private transmission line easement in favor of Cooperative Power Association along the westerly Cedar Avenue right-of-way line, per Document Number 1641651. • 10 -foot public temporary easement along the easterly Cedar Avenue right-of-way line, per Dakota County Road Right -of -Way Map Number 233. • 20 -foot wide public temporary easement along the westerly Cedar Avenue right-of- way line, per Dakota County Road Right -of -Way Map Number 233. a 6 -foot private telephone line easement along the north property line in favor of Star Telephone Company, per Book Q of Misc. Records, Page 514. The parent parcels contain one existing public easement that will be vacated with the final plat: • 100 -foot by 250 -foot public drainage and utility easement along the westerly Cedar Avenue right-of-way, per document number 1750571 and conveyed to the City of Lakeville per document number 2466707. PUD (PLANNED UNIT DEVELOPMENT) AND MASTER PLAN The overall master plan for the Avonlea development is located on a total of 469.6 acres of undeveloped property. The overall concept for the master plan includes seven -hundred and five (705) single family lots, one hundred twenty-nine (129) detached townhomes, one hundred and three (101) row townhomes, and one hundred forty-four (146) high density residential units. The master plan includes the construction of a greenway corridor, public and private trail systems, public and private HOA park areas, and wetland complexes. A future sixty-six (66) acre park area is located south of and adjacent to the future 185th Street extension and west of and adjacent to Cedar Avenue. The overall master plan includes the construction of the following collector and arterial roadways: 185th Street (CSAH 60), Hamburg Avenue, and Glacier Way. The PUD master plan includes standards identifying unique setback requirements, roadway right-of-way requirements, street width, and cul-de-sac standards. STREET AND SUBDIVISION LAYOUT Cedar Avenue (CSAH 23) Avonlea is located east and west of and adjacent to Cedar Avenue, a minor arterial County highway, as identified in the City's Transportation Plan. Cedar Avenue adjacent to the site is a four lane divided rural roadway, consisting of a center median island with curb and gutter. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 4 OF 17 of 100 -feet and designates this roadway as a future six -lane divided urban roadway over its entire length adjacent to the plat. The Developer is dedicating right-of-way, as shown on the final plat. The final plat was reviewed and recommended for approval by the Dakota County Plat Commission at their June 15, 2015 meeting. The Developer is responsible for any improvements to Cedar Avenue, as required by Dakota County. 181 It Street Development of Avonlea includes the construction and extension of 181St Street, a minor collector roadway as identified in the City's Transportation Plan. 1811t Street is currently constructed as a 44 -foot wide, two-lane urban roadway terminating in a temporary cul-de-sac east of Cedar Avenue. An 8 -foot wide concrete sidewalk exists on the north side of 181st Street. The roadway and sidewalk is constructed within a permanent easement for street and roadway purposes in Outlot A, Cedar Avenue Park and Ride (82 -feet wide), owned by the Metropolitan Council. 181St Street provides an access to the existing Metropolitan Council Cedar Avenue Park and Ride Facility north of and adjacent to the roadway. 181 St Street will be extended to the east from its terminus within a 60 -foot right of way. The roadway is designed as a 32 -foot wide urban section with a five foot wide sidewalk along the north side. A five-foot wide sidewalk will be installed along the south side of 181St Street from Cedar Avenue to Glassfern Lane. 18111 Street, east of the Cedar Avenue Park and Ride will function as a local roadway due to the reduced average daily trips and therefore will be constructed to such standards. 1811t Street currently provides a full access to Cedar Avenue. The Dakota County Access Spacing Requirements and the Cedar Avenue Corridor Study identify this intersection may be 3/4 restricted in the future. The Dakota County Plat Commission has agreed to allow this intersection to remain a full access until the supporting roadway system is developed or traffic conditions warrant a change. Glacier Way Development of Avonlea includes the construction of Glacier Way, a minor collector roadway as identified in the City's Transportation Plan. Glacier Way is designed as a 40 -foot wide, two- lane urban roadway with a 5 -foot wide concrete sidewalk along the west side and a ten -foot wide bituminous trail along the east side of the street. The Developer is dedicating 80 -feet of right-of-way. Glacier Way will be extended in the future north to 179th Street, aligning with the existing Glacier Way intersection. Glacier Way will terminate in a temporary cul-de-sac south of Lot 19, Block 24. The Developer shall provide a $21,415.75 cash escrow for the future construction and extension of Glacier Way, sidewalk, and trail to the east plat boundary with the final plat. This extension of Glacier Way will occur when the adjacent property to the east develops. A "Future Street Extension" sign and barricades must be placed at the end of the street until it is extended in the future. The Developer must furnish a $2,000 cash escrow for the removal and restoration of the temporary cul-de-sac with the final plat. AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 5 OF 17 Future Hamburg Avenue Avonlea is located east of and adjacent to the future location of Hamburg Avenue, a minor collector roadway as identified in the City's Transportation Plan. The construction of Hamburg Avenue will be required with a future phase of the Avonlea development. Hamburg Avenue will provide a future access to 179th Street (CSAR 9) and 185th Street (CSAH 60). The Developer shall install signage adjacent to Block 2 identifying that Hamburg Avenue will be constructed in future phases adjacent to the lots. Glenbridge Avenue Development of Avonlea includes the construction of Glenbridge Avenue, a local roadway. Glenbridge Avenue is designed as a 36 -foot wide urban roadway with a sidewalk along one side of the street, as it will have traffic volumes similar to a minor collector roadway. The Developer is dedicating 60 -feet of right-of-way along the majority of the street. An 86 -foot right-of-way section will be provided at the intersection with Cedar Avenue to allow for a landscaped median and turn lane construction. Glenbridge Avenue will provide an access to Cedar Avenue, aligning with 18151 Street to the east. The Dakota County Access spacing requirements for Cedar Avenue identify this intersection may be 3/4 restricted in the future, as previously stated above. Glenbridge Avenue will terminate at the south plat boundary in a temporary cul-de-sac. Glenbridge Avenue will be extended to the south with a future phase of the Avonlea development and will provide an access to the future 185th Street. A "Future Street Extension" sign and barricades must be placed at the end of the street until it is extended in the future. The temporary cul-de-sac must be constructed within a temporary public roadway easement. The Developer must furnish a $2,000 cash escrow for the removal and restoration of the temporary turn -around with the final plat. 182nd Street Development of Avonlea includes the construction of 182nd Street, a local roadway. 182nd Street is designed as a 32 -foot wide urban roadway with a sidewalk along one side of the street. The Developer is dedicating 60 -feet of right-of-way. 182nd Street will terminate at the intersection with Greyhaven Path and will extend in the future to provide an access to the future Hamburg Avenue. A "Future Street Extension" sign and barricades must be placed at the end of the street until it is extended in the future. Glanshaw Avenue Development of Avonlea includes the construction of Glanshaw Avenue, a local roadway. Glanshaw Avenue is designed as a 32 -foot wide urban roadway with a sidewalk along one side of the street. The Developer is dedicating 60 -feet of right-of-way. Glanshaw Avenue will be constructed from 181St Street to the south plat boundary, terminating in a temporary cul- de-sac. A "Future Street Extension" sign and barricades must be placed at the end of the street until it is extended in the future. The temporary cul-de-sac must be constructed within a temporary public roadway easement. The Developer must furnish a $2,000 cash escrow for the removal and restoration of the temporary turnaround with the final plat. Glanshaw AVONLEA- FINAL PLAT JUNE 25, 2015 PAGE 6 OF 17 Avenue will be extended to the north plat boundary at the time Outlot T is final platted into lots and blocks. Gleaming Path, Green Gables Trail, Gresford Lane, Greyhaven Path, Goldfinch Way, Gladstone Trail, and Glassfern Lane Development of Avonlea includes the construction of Gleaming Path, Green Gables Trail, Gresford Lane, Greyhaven Path, Goldfinch Way, Gladstone Trail, and Glassfern Lane, all local streets. The local streets are designed as 28 -foot wide, two-lane urban roadways with 5 -foot wide concrete sidewalks along one side of each street. A "Future Street Extension" sign and barricades must be placed at the end of Gresford Lane and Greyhaven Path and a temporary cul-de-sac must be constructed within a temporary public roadway easement at the end of Greyhaven Path. The Developer must furnish a $2,000 cash escrow for the removal and restoration of the temporary turnaround with the final plat. Green Gables Trail is designed to include a large landscaped median island between Glenbridge Avenue and Gresford Lane as an amenity to the development. The traffic circulation around the median island shall be restricted to one way traffic and will be delineated with proper street signage. In addition, the roadway widths around the median island shall be 20 -feet to further restrict the traffic to one way and allow for City maintenance of the roadway. The Developer is dedicating 50 -feet of right-of-way for this roadway network, with the exception of the median island on Green Gables Trail, consistent with the PUD standards. A 15 -foot wide drainage and utility easement is required adjacent to all public streets within a 50 -foot wide right-of-way. Gleaming Court Development of Avonlea includes the construction of Gleaming Court, a local cul-de-sac street. Gleaming Court is designed as a 28 -foot wide, two-lane urban roadway terminating in permanent cul-de-sacs east and west of Gleaming Path. A 5 -foot wide concrete sidewalk will be installed along Gleaming Court east of Gleaming Path. The design of the cul-de-sacs includes a landscaped median island. The Developer is dedicating 50 -feet of right-of-way consistent with the PUD standards. A 15 -foot wide drainage and utility easement is required along all public streets that are within a 50 -foot wide right-of-way. Private Drives Development of Avonlea includes the construction of a system of privately owned and maintained drives. The private drives are designed as 24 -foot wide, two-lane urban driveways providing access to the row townhomes east of Cedar Avenue. The private drives will extend from Glassfern Lane. The private drives include the construction of a private parking lot within Outlot Q adjacent to Outlot X. The HOA is responsible for maintenance of the private drives and parking lot. Landscaped Median Islands The landscaped median islands located within Glenbridge Avenue, Gleaming Court, and Green Gables Trail shall be privately owned and maintained by the HOA. An encroachment and maintenance agreement between the Developer and the City shall be required with the final plat for the landscaping within the median islands. Any damage or removal of the landscaping within the median due to maintenance or reconstruction of the public roadways shall be the HOA's responsibility. AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 7 OF 17 CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction shall be from the existing 181st Street to the east of Cedar Avenue and at Glenbridge Avenue west of Cedar Avenue. PARKS, TRAILS AND SIDEWALKS All of the open space amenities within Avonlea are designed to allow for public access to other local and regional facilities as part of the City's overall parks, trails and open space system. The Avonlea Open Space Master Plan identifies 171.4 acres of open space, consisting of greenway corridors, public park area, wetlands, storm water basins and private HOA parks. Private HOA parks will not be credited against public park dedication requirements. The Avonlea Illustrative Master Plan shows that the approximate area to be acquired by the City for park purposes within the development, subject to preliminary and final plat approvals, as 17.5 net acres of greenway corridor that is considered usable park area (less wetlands, wetland buffers, and stormwater basins) and 66.5 acres for a Future City Community Park (which includes stormwater management) for a total of 84 acres of public park area. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through conveyance of property. For the Avonlea PUD Master Plan, the Developer is required to dedicate 59.4 acres of land at the medium density residential park land dedication requirement of 14% ("Required Land Dedication"). The Developer will not be compensated for land dedication with any final plat that exceeds the amount required by statute or ordinance for a final plat and agrees to pre -dedicate land based on the land the Developer owns within the PUD Master Plan. Within the first phase the Developer is required to dedicate 15.37 acres. The Developer will dedicate a total of 39.48 acres within the first phase, which exceeds the required dedication by 24.11 acres. The City will not reimburse the Developer for excess land dedication in the first phase, but will reimburse the Developer, as stated below, in future phases. For any future phase of the Avonlea Plat, the City shall reimburse the Developer for any land dedicated within the Avonlea Plat that exceeds the Required Land Dedication or that is a portion of the Required Land Dedication but attributable to land within the PUD Master Plan that the Developer has not yet acquired. The reimbursement rate during the first five years following the date of the City Council approved Development Contract is $50,000.00 per acre; thereafter, the rate shall be based upon the current market value at the time of reimbursement. If the Developer and the City cannot come to an agreement on the current market value, then the current market value shall be based on an appraisal of the land by a qualified professional agreed to by both the Developer and the City. Only usable park land outside of wetlands, wetland buffers, stormwater basins, and County Road right-of-way is to be credited or compensated for park dedication purposes. City staff and the Developer have negotiated satisfaction of park dedication requirements by dedication of land within the Avonlea Plat as identified in the Avonlea PUD Booklet dated April 6, 2015. AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 8 OF 17 The Developer shall convey the southerly portion of the Future City Community Park, consisting of 38.99 acres in area by limited warranty deed to the City with the final plat of Avonlea, subject to City review and approval of the title and physical and environmental condition of the parcel. The Developer shall provide a title commitment for the southerly portion of the Future City Community Park and shall pay all costs associated with conveyance of this parcel to the City. The Developer is also dedicating 0.49 acres as usable park space with the Avonlea final plat, (portion of Outlot F), to satisfy a portion of the Park Dedication requirement. The total park land dedication for the Avonlea final plat is 39.48 acres of the 59.4 acres required for the entire Avonlea Master Plan, as identified in the Avonlea PUD Booklet dated April 6, 2015. The northerly portion of the Future City Community Park will be conveyed by limited warranty deed to the City with the final plat of Phase 2, as identified in the Avonlea PUD Booklet dated April 6, 2015. The Developer shall provide the City with the first right to acquire the northerly portion of the Future City Community Park for $50,000/acre should the Developer not proceed with future phases beyond the Avonlea plat. The net area of the Future City Community Park will be determined at such time as the area of 185th Street (future CSAH 60) and Hamburg Avenue right-of-way, wetlands and buffers, and the stormwater basins at the northwest and northeast corners of the Future City Community Park are established, as identified in the Avonlea PUD Booklet dated April 6, 2015, as these areas shall be excluded from the calculation of compensation paid to the Developer for park dedication requirements applicable to the entire Avonlea Master Plan. The Developer will be allowed to use material from the Future City Community Park to balance the grading of the site with the development of Phase 2. A grading plan must be reviewed and approved by the City for the material to be excavated from the Future City Community Park. Greenway Corridor Trail The current City's Parks, Trails, and Open Space Plan identifies a greenway corridor traversing east/west through the area of the master plan. Construction of the trails for the greenway corridor within Outlots F and K is premature for City park purposes at least until the greenway corridor extends between Cedar Avenue and future Hamburg Avenue. The Developer will grade and establish the bench for the future trail corridor within Outlots F and K. The City is responsible to construct the base and surface in the future. The Developer may elect to construct the trail base and surface now at their cost with the Avonlea improvements. Neighborhood Parks The current City's Parks, Trails, and Open Space Plan identifies two neighborhood parks in the area of the PUD Master Plan. The Developer proposes to develop public park area along the greenway corridor trails, and public open space to satisfy the park dedication requirement. Trails Development of Avonlea includes the construction of public trails and sidewalks. 5 -foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets except for the westerly Gleaming Court cul-de-sac. Bituminous trails will be constructed along one side of Glacier Way and the east side of Cedar Avenue. The Developer AVONLEA — FINAL PLAT JUNE 25, 2015 PAGE 9 OF 17 will responsible for 100% of the grading and restoration for the bituminous trails. The Developer shall receive a credit to the final plat cash fees for the City's 3/81h share (excluding grading and restoration) of the trail construction costs, calculated as follows: $19,731.20 X 3/8 = $7,399.20 Estimated Trail Construction City's Share Total Credit to Cash Fees Cost A portion of the trail along the east side of Cedar Avenue will not be constructed with the final plat of Avonlea. The Developer shall provide the City with a cash escrow for their 5/8's share of the trail cost with the final plat, calculated as follows: $3,597.75 X 5/8 = $2,248.59 Estimated Trail Construction Developer's Share Total Cash Escrow Required Cost The trail will be constructed at the time a connection to the greenway corridor east of Cedar Avenue and south of the Avonlea plat is provided. The Developer shall coordinate with Dakota County regarding their request to construct a pedestrian underpass within Outlot K. UTILITIES SANITARY SEWER Avonlea is located within subdistricts NC -20140, NC -20145, NC -20155 of the North Creek sanitary sewer district and FO -60450 and FO -60460 of the Farmington Outlet sanitary sewer district, as identified in the City's Sewer Plan. The majority of the final plat is located within the MUSA area where trunk sewer improvements are required. Outlot H of the final plat was previously located outside the MUSA (Urban Reserve), and was brought into the MUSA with the preliminary plat. The portion of Avonlea within the Farmington Outlet district will be temporarily served by sewer within the North Creek district, until the trunk sewer within the Farmington Outlet is extended to the property. The sewer shall be designed such that the flow can be re-routed to the Farmington Outlet at the time trunk sewer is extended to the property. Development of Avonlea includes the construction of trunk sanitary sewer. The Developer shall construct trunk sanitary sewer from an existing manhole located at the intersection of 179th Street and Gerdine Path. 18 -inch trunk sanitary sewer will be constructed on private property that is not included in the final plat or the PUD Master Plan. The Developer has negotiated a private agreement and obtained the necessary easements to construct, and for the City to maintain, the public sanitary sewer on private property. The 18 -inch trunk sanitary sewer will be extended across Cedar Avenue to the west plat boundary to serve the proposed development, in accordance with the comprehensive plan. The City and Developer entered into a Site Improvement Performance Agreement (SIPA) to allow the Developer to construct the necessary trunk utility improvements, following preliminary plat approval. The Developer provided a $1,233,486.39 security with the SIPA for the Developer installed improvements. AVONLEA — FINAL PLAT JUNE 25, 2015 PAGE 10 OF 17 8 -inch sanitary sewer will be extended within the subdivision to provide sanitary sewer service to the development. The City will credit the Developer for the oversizing of the trunk sanitary sewer in the development. The credit will be based on the cost difference between 8 - inch sanitary sewer and the 18 -inch sanitary sewer that will be installed. A $206,762.00 credit will be applied to the Developer's final plat cash fees. Wastewater from the development will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The City's Comprehensive Sewer Plan identifies the sewer downstream of the proposed 18 - inch extension as an area of Potential Future Capacity Constraints. This section of sanitary sewer should be monitored for capacity as development continues upstream. A future sanitary sewer analysis may be required to determine the capacity available in the sanitary sewer downstream. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee will be based on the current rate in effect at the time of final plat approval, calculated as follows: 249 units x $327.00 = $81,423.00 Total Units 2015 Sanitary Sewer Availability Charge Sanitary Sewer Per Unit Availability Charge required WATERMAIN Development of Avonlea includes the extension of public watermain. Watermain will be extended within the development to provide water service to the subdivision. Consistent with the City's Water Plan, the Developer shall extend 16 -inch trunk watermain along Cedar Avenue from an existing stub located south of 179th Street. The Developer will install 12 -inch trunk watermain along Glenbridge Avenue and 182nd Street, consistent with the Water Plan. The City will credit the Developer for the oversizing of the trunk watermain in the development. The credit will be based on the cost difference between 8-inch,12-inch, and 16 -inch watermain that will be installed. A $189,165.15 credit will be applied to the Developer's final plat cash fees. The Water Plan also identifies future trunk water improvements within the area of the PUD Master Plan. 12 -inch trunk watermain is identified along the future Hamburg Avenue south of 182nd Street to the south plat boundary. 20 -inch trunk watermain is identified along the future 185th Street extension between Highview Avenue and Cedar Avenue and along Highview Avenue adjacent to future development phases. OVERHEAD LINES An overhead electric transmission line and poles are located within a 30 -foot wide private transmission line easement in favor of Cooperative Power Association (per Doc. 1641651) along the west side of Cedar Avenue on the parent parcels. The existing transmission line will remain in place, consistent with the City's Public Ways and Property Ordinance. AVONLEA - FINAL PLAT NNE 25, 2015 PAGE 11 OF 17 DRAINAGE AND GRADING Avonlea is located within subdistricts FO -4, FO -5, FO -6, FO -7, and FO -8 of the Farmington stormwater district as identified in the City's Water Resources Management Plan. A Vermillion River Watershed Joint Powers Organization (VRWJPO) Principal Connector and !Nater Quality Corridor and DNR waterway flow from the west to the east through the center of the site and are conveyed under Cedar Avenue via existing culverts. An existing Dakota County stormwater management basin is located within a public drainage and utility easement along Cedar Avenue. The basin will be expanded with the site improvements. Development of Avonlea includes the construction of public stormwater management basins. The basins will provide water quality treatment and rate control of the stormwater runoff generated from the Avonlea subdivision. Due to the high elevation of groundwater on-site water quality will be provided by wet sedimentation basins and secondary treatment will be provided by existing wetlands. The stormwater management basins will be located within Outlots E, J, L, and U, which will all be deeded to the City with the final plat. The stormwater basin designs are consistent with City requirements. Runoff from the existing stormwater management basin located on the City's Central Maintenance Facility discharges onto one of the parent parcels. The outlet for this basin will be revised, and the flow will be routed through the Avonlea site to the stormwater management basin located in Outlot L. The Developer and the City of Lakeville are coordinating with the VRWJPO to improve the water courses on site by increasing flood plain storage, re -meandering the stream, enhancing the vegetation, and decreasing the overall runoff rate from the site. The design will be completed by the Developer and reviewed by necessary agencies, and the improvements will occur concurrently with the construction of the Avonlea plat. The City of Lakeville and the VRWJPO will enter into a Joint Powers Agreement (JPA) to provide funding for the project in 2015. The total cost of the project is estimated at $229,311. The VRWJPO will reimburse the City 100% of the cost of the improvements after the VRWJPO has inspected the improvements and determines that the work has been completed to the standards outlined in the JPA. The re -imbursement will then be credited to the Developer's final plat cash fees. The Developer will provide a security for the restoration of the stream buffer and wetlands with the final plat. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as -built certified grading plan have been submitted and approved by City staff. AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 12 OF 17 Avonlea contains more than one acre of site disturbance. 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 has been submitted to the City. STORM SEWER Development of Avonlea includes the construction of public and private storm sewer. 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 management basins located within Outlots E, J, L, and U. The private storm sewer will be located within Outlot Q, as identified in the final plat plans. The private storm sewer shall be owned and maintained by a private management association. Draintile construction is required in areas of non -granular soils within Avonlea 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 must be paid in cash with the Avonlea final plat. The Trunk Storm Sewer Area Charge is calculated as follows: Single Family Trunk Storm Sewer Area Charge Summary Gross Area of Avonlea 8,359,791.60 s.f. Less Area of Outlot A (Future Development) (-) 302,169.53 s.f. Less Area of Outlot B (Wetland Complex) (-) 22,103.91 s.f. Less Area of Outlot C (Future Development) (-) 12,907.23 s.f. Less Area of Outlot D (Wetland Complex) (-) 131,728.00 s.f. Less Area of Outlot E (Stormwater Management Basin) (-) 47,957.63 s.f. Less Area of Outlot F (Wetland Complex) (-) 188,890.30 s.f. Less Area of Outlot G (Wetland Complex and Greenway Corridor) (-) 151,546.10 s.f. Less Area of Outlot H (Future Development) (-) 2,688,178.98 s.f. Less Area of Outlot I (Wetland Complex) (-) 101,068.37 s.f. Less Area of Outlot J (Stormwater Management Basin) (-) 130,462.21 s.f. Less Area of Outlot K (Wetland Complex and Greenway Corridor) (-) 617,139.58 s.f. Less Area of Outlot L (Stormwater Management Basin) (-) 108,729.53 s.f. Less Area of Outlot N (Wetland Complex) (-) 44,737.69 s.f. Less Area of Outlot R (Wetland Complex) (-) 13,967.08 s.f. Less Area of Outlot T (Future Development) (-) 243,865.33 s.f. Less Area of Outlot U (Stormwater Management Basin) (-) 147,393.43s.f. Less Area of Outlot V (Wetland Complex) (-) 15,525.04 s.f. Less Area of Cedar Avenue (CSAH 23) Right -of -Way (-) 330,458.61 s.f. Less Area of Blocks 13, 14, 15, 16, 17, 18, 19, 21 and 22 (To be (-) 108,495.14 s.f. calculated at multi -family rate) Less Area of Outlot Q (To be calculated at multi -family rate) (-) 138,411.37 s.f. AVONLEA — FINAL PLAT JUNE 25, 2015 PAGE 13 OF 17 Less Area of Outlot S (To be calculated at multi -family rate) Less Area of Outlot X (To be calculated at multi -family rate) Total 2,787,116.68 s.f. x $0.178/s.f Net Single Family Area of Avonlea Single Family Area Charge Multi -Family Trunk Storm Sewer Area Charge Summa Area of Blocks 13, 14, 15, 16, 17, 18, 19, 21, and 22 Area of Outlot Q Area of Outlot S Area of Outlot X Total (-) 20,137.08 s.f. (-) 6,802.80 s.f. 2,787,116.68 s.f. = $496,106.77 Total Single Family Trunk Storm Sewer Area Charge 108,495.14 s.f. (+) 138,411.37 s.f (+) 20,13 7.08 s.f. (+) 6,802.80 s.f. = 273,846.39 s.f. 273,846.39 s.f. x $0.198/s.f. = $54,221.58 Net Multi -Family Area of Avonlea Multi -Family Total Multi -Family Trunk Area Charge Storm Sewer Area Charge $496,106.77 + $54,221.58 = $550,328.35 Total Single Family Trunk Total Multi -Family Trunk Total Trunk Storm Sewer Area Storm Sewer Area Charge Storm Sewer Area Charge Charge Required The remainder of the Trunk Storm Area Charge will be collected at the time Outlots A, C, H, and T are developed, at the rate in effect at the time of final plat approval. The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots B, D, E, F, G, I, J, K, L, N, R, U, and V to the City, consistent with City policy. The credit is based on the area of the outlots, less the area of the existing City owned Drainage and Utility easement along Cedar Avenue and usable park area within Outlots G and K, and is calculated at the rate of $5,500 per acre, and will be applied to the Avonlea final plat cash fees, calculated as follows: (39.51 acres - 1.07 acres) x $5,500/acre = $211,422.84 Total Area of Outlots B, D, E, F, G, City owned Drainage Per Acre Credit Total I, J, K, L, N, R, U, and V and Utility Easement and usable park area within Outlots G and K. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. RESIDENTIAL BUFFER YARD REQUIREMENTS Cedar Avenue is a minor arterial as identified in the City's Transportation Plan. A buffer yard containing earth berms and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height shall be provided adjacent to Cedar AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 14 OF 17 Avenue. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. FEMA FLOODPLAIN ANALYSIS Avonlea 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 identified four wetland areas on the parcel. The delineation was approved on September 10, 2013. A wetland replacement plan was approved April 7, 2015. The replacement plan identifies 0.17 acres of wetland impacts necessary for the development of the property. The required replacement of 0.34 acres is proposed to be withdrawn from the Thomas Mariska Wetland Bank (Acct. # 1473) in Waseca County Major Watershed #38 in Bank Service Area #8. There are no credits available in major watershed #38 (Dakota). No wetland impacts can take place until the all of the requirements for the Wetland Conservation Act have been fulfilled. It is the applicant's responsibility to obtain proper wetland approvals from the U.S. Army Corps of Engineers. The Developer is responsible for the establishment of the wetlands, buffers and waterways. The Developer is working with the VRWJPO to obtain a grant to restore the large wetland complex adjacent to Cedar Avenue. All previously disturbed wetland and wetland buffer shall be planted with a native seed mix. Native trees and shrubs will also be planted throughout the buffer areas. During the first five (5) full growing seasons, except where the City has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than ninety percent (90%). All wetlands, watercourses and required buffers will be placed in Outlots dedicated to the City. Natural Area signs will be placed along rear property lines adjacent to the wetlands, buffers and ponding areas. TREE PRESERVATION There are no trees located on the site. The trees located around the farmstead were removed during the demolition. EROSION CONTROL The plans include a detailed erosion and sediment control plan. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may be required during construction as deemed necessary by City staff or the AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 15 OF 17 Dakota County Soil and Water District. Any additional measures required 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 Avonlea. Construction costs are based upon estimates submitted by the Developer's engineer on June 4, 2015. CONSTRUCTION COSTS Sanitary Sewer Watermain Storm Sewer Street Construction Erosion Control and Restoration SUBTOTAL - CONSTRUCTION COSTS $ 1,165,012.10 822,132.85 2,350,642.00 1,892,263.68 101,471.10 $ 6,331,521.73 The Developer provided the City with two securities prior to submittal of the final plat application; for Sanitary Sewer and Watermain construction in the form of a Letter of Credit in the amount of $1,233,486.39 to install trunk utilities to the parent parcels with a SIPA; and for Erosion Control, Stormwater Basins, Restoration, Grading and Grading Certification in the form of a Letter of Credit in the amount of $202,059.85 to grade following City Council approval of the preliminary plat. An additional security is required for erosion control of the street and utility construction. OTHER COSTS Developer's Design (6.0%) Developer's Construction Survey (2.5%) City's Legal Expense (0.5%) City Construction Observation (7.0%) Developer's Record Drawing (0.5%) Seeding within Stream Buffer in Outlots F, G, I, and K Seeding for Wetland Restoration in Outlot K Natural Area Signs Landscaping Street Lights Lot Corners/Iron Monuments SUBTOTAL - OTHER COSTS TOTAL PROJECT SECURITY $ 379,891.30 158,288.04 31,657.61 443,206.52 31,657.61 21,900.00 16,750.00 9,000.00 344,030.00 53,200.00 27,300.00 $1,516,881.08 $ 7,746,931.71 The street light security totals $53,200 which consists of two mast -arm street lights at $1,400 each and forty-two (42) post -top street lights at $1,200 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 and outlot for a total of AVONLEA — FINAL PLAT JUNE 25, 2015 PAGE 16 OF 17 $27,300.00. The City shall hold this security until the Developer's Land Surveyor certifies that all irons have been placed following site grading, street and utility construction. CASH FEES A cash fee for traffic control signs is due with Avonlea. Street signing consists of 15 stop signs with green street blades at $375 each, 2 stop signs with brown blades at $375 each, one stop sign with blades, no outlet, and arrows at $450,4 stop signs at $250 each, one blade with arrows at $200, 20 nine button delineators at $100 each, 6 future through street signs at $75 each, 2 yield signs at $200, 2 one way signs with arrows at @200 each, 2 30 mph speed signs at $200 each, and 139 no parking signs at $175 each for a total of $36,000. If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each street sign location. A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat approval and is calculated as follows: 249 units x $8.14/unit/qtr. x 4 gtrs. =$8,107.44 Dwelling Units Streetlight Operating Fee Total A cash fee for one-year of surface water management expenses shall be paid at the time of final plat approval and is calculated as follows: 249 units x $7.00/unit/qtr. x 4 qtrs. = $6,972.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid at the time of final plat approval and is calculated as follows: 273 units x $75.00/unit = $20,475.00 Lots/Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall 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 $189,945.65. CASH REQUIREMENTS Future Extension of Glacier Way 21,415.75 Future Removal of Glacier Way Cul-de-sac 2,000.00 Future Removal of Glenbridge Avenue Cul-de-sac 2,000.00 Future Removal of Glanshaw Avenue Cul-de-sac 2,000.00 Future Removal of Greyhaven Path Cul-de-sac 2,000.00 Future Trail Construction along Cedar Avenue 2,248.59 AVONLEA - FINAL PLAT JUNE 25, 2015 PAGE 17 OF 17 Sanitary Sewer Availability Charge 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 Outlots B,D, E, F, G, I, J, K,L, N, R, U, and V (Deeded to the City) (Trunk Storm Sewer) City's 3/8th Share of Trail Construction along Cedar Avenue and Glacier Way (Park Dedication) Trunk Sanitary Sewer Oversizing (Trunk Water Fund) Trunk Watermain Oversizing (Trunk Water Fund) SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS TOTAL CASH REQUIREMENTS RECOMMENDATION 81,423.00 550,328.35 36,000.00 8,107.44 6,972.00 20,475.00 189,945.65 $924,915.79 $ 211,422.84 7,399.20 206,762.00 189,165.15 _ $ 614,749.19 $310,166.60 Engineering recommends approval of the final plat, PUD Master Plan, grading and erosion control plan, utility plan and tree preservation plan for Avonlea, subject to the requirements and stipulations within this report.