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(Reserved for Dakota County Recording Information )
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING THE FINAL PLAT OF
SPIRIT OF BRANDTJEN FARM 16TH ADDITION
WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 16th
Addition has requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and
the Parks, Recreation and Natural Resources Committee and approved by the City
Council; and
WHEREAS, the final plat is consistent with the approved preliminary plat; and
WHEREAS, the final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Spirit of Brandtjen Farm 16th Addition is hereby approved
subject to the development contract and planned unit development
agreement, the security requirements, and the terms and conditions of the
Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan
Agreement dated October 17, 2005.
2. The Mayor and City Clerk are hereby directed to sign the final plat mylars and
the development contract.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 16th day of May 2016.
CITY OF LAKEVILLE
BY: _____________________
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 16th day of May 2016 as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
(Reserved for Dakota County Recording Information )
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO:
RESOLUTION DESIGNATING “NO PARKING” AREAS ON
EQUESTRIAN TRAIL, ELMHURST LANE, ELKHORN TRAIL, AND ENGELMAN WAY
WHEREAS, the City Council for the City of Lakeville is authorized in accordance
with City Code to designate parking zones within the city, and
WHEREAS, the section of Equestrian Trail will be constructed to allow a single
traffic lane in each direction with no parking on both sides, the sections of Elmhurst
Lane and Elkhorn Trail will be constructed to allow a single traffic lane in each direction
with parking on one side only, and the section of Engelman Way will be constructed as
a one-way street with parking on one side only, all in Spirit of Brandtjen Farm 16 th
Addition, consistent with the approved street sections in the Spirit of Brandtjen Farm
planned unit development, and
WHEREAS, establishing “No Parking” areas on Equestrian Trail, Elmhurst Lane,
Elkhorn Trail, and Engelman Way will discourage potential on-street parking, maintain
sufficient access to the traffic lanes, provide increased sight lines for drivers, and reduce
the interaction between vehicles and pedestrians.
NOW, THEREFORE, BE IT RESOLVED, that both sides of Elmhurst Lane, the
south side of Equestrian Trail, the inside lane of both Elkhorn Trail and Engelman Way
shall be designated “No Parking” anytime.
ADOPTED by the Lakeville City Council this 16th day of May 2016.
CITY OF LAKEVILLE
By: ________________________________
Matt Little, Mayor
ATTEST:
__________________________________
Charlene Friedges, City Clerk
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(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
SPIRIT OF BRANDTJEN FARM
16TH ADDITION
AGREEMENT dated ____________________, 2016, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and SBF DEVELOPMENT CORP., a Minnesota corporation
(the “Developer”).
1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The
Developer has asked the City to approve a plat and planned unit development for SPIRIT OF BRANDTJEN
FARM 16TH ADDITION (referred to in this Contract as the "plat"). The land is situated in the City of Lakeville,
County of Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a
part hereof by reference.
The Spirit of Brandtjen Farm 16th Addition site is zoned PUD, Planned Unit Development, and is
subject to the provisions of Ordinance Number 787 approved by the Lakeville City Council on June 20,
2005, as well as the requirements listed in the Spirit of Brandtjen Farm Planned Unit Development Plan
Booklet dated June 20, 2005 (“SBF PUD Booklet”).
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2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City
hereby approves the plat and planned unit development on condition that the Developer enter into this
Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of
Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Without the written permission of the City, within the plat or land to
be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer
lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following
conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the
City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the
Developer and its construction contractors has been received by the City, and 4) the plat has been filed
with the Dakota County Recorder or Registrar of Titles Office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For fifteen (15) years from the date of the SBF
PUD Stage Plan Agreement, no amendments to the City's Comprehensive Plan, except an amendment
placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in
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this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A and B, the plans may
be prepared, subject to the City Engineer’s approval before commencement of any work in the plat. The
City Engineer may approve minor amendments to Plan B without City Council approval. The erosion
control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans
vary from the written terms of this Contract, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer
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shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on-site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or his engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, 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.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City
Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
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C. MnDot for Work in Right-of-Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform
dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable
county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall
also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by June 30, 2017, 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
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additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation
and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area
that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except
as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current
seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly
as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule or supplementary instructions received from the City or
the Dakota County Soil and Water Conservation District, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and City's rights or obligations
hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within
ten (10) days, the City may draw down the letter of credit or other posted security to pay any costs. No
development, utility or street construction will be allowed and no building permits will be issued unless the
plat is in full compliance with the approved erosion control plan.
15. GRADING PLAN. The plat shall be graded in accordance with the approved grading
development and erosion control plan, Plan "B". The plan shall conform to City of Lakeville specifications.
Within thirty (30) days after completion of the grading and before the City approves individual building
permits (except eight (8) model home permits on lots acceptable to the Building Official), the Developer
shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or
engineer that all storm water treatment basins, swales, and ditches have been constructed on public
easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the
following: a) cross sections of storm water treatment basins; b) location and elevations along all swales,
wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles,
and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items
listed in City Code Section 10-3-5.NN. The City will withhold issuance of building permits until the
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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.
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,
except those under an encroachment agreement, shall become City property without further notice or
action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and his engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
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the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, or three and one-quarter percent (3¼%) if using an alternate security/disbursement
agreement of the estimated construction cost, assuming normal construction and project scheduling. The
Developer shall pay for construction observation performed by the City's in-house engineering staff or
consulting engineer. Construction observation shall include part or full time inspection of proposed public
utilities and street construction and will be billed on hourly rates estimated to be seven percent (7%) of the
estimated construction cost.
19. STORM SEWER. Development of Spirit of Brandtjen Farm 16th Addition includes public
storm sewer construction. Public 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 existing regional stormwater
management basins.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be
paid at the time of final plat approval. The Trunk Storm Sewer Area Charge is calculated as follows:
Trunk Storm Sewer Area Charge Area
Gross Area of SBF 16th Addition
Less Area of Outlot C
Net Area of SBF 16th Addition
1,272,823.20 s.f.
276,606.00 s.f.
= 996,217.20 s.f.
996,217.20 s.f. x $0.178/s.f. = $177,326.66
Net Area of
SBF 16th Addition
Area Charge Total Trunk Storm
Sewer Area Charge
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlot C to
the City, calculated at $5,500/acre consistent with City policy.
6.35 acres x $5,500/acre = $34,925.00
Area of Outlot A
SBF 16th Addition
Credit Total Trunk Storm Sewer Area Charge Credit
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
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20. SANITARY SEWER. Development of Spirit of Brandtjen Farm 16th Addition includes the
extension of public sanitary sewer. Sanitary sewer will be extended within the subdivision to provide sewer
service to the development. Eight inch sanitary sewer will be extended from existing trunk sewers in
Equestrian Trail and Eagleview Drive to serve the development.
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 and is calculated as follows:
85 units x $327.00 = $27,795.00
Total Dwelling Units
In SBF 16th Addition
Sanitary Sewer Availability Charge
Per Unit
Total Sanitary Sewer
Availability Charge
21. WATERMAIN. Development of Spirit of Brandtjen Farm 16th Addition includes the
extension of public watermain. Watermain will be extended within the development from existing
watermain stubs located at Eagleview Drive and Equestrian Trail, and a new connection at Elmhurst Lane
to provide a looped system and water service to Spirit of Brandtjen Farm 16th Addition.
Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City
staff with the final construction plans.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and
street construction shall be from rock construction entrances on Elmhurst Lane and Equestrian Trail, via
Eagleview Drive and 162nd Street. No construction access shall be allowed from Equestrian Trail south of
Spirit of Brandtjen Farm 16th Addition.
23. PARK DEDICATION, TRAILS AND SIDEWALKS. The Park Dedication requirement has
not been collected on the parent parcels and must be satisfied through a cash contribution at the time of
final plat approval. The Park Dedication Fee is based upon the rate established in the Spirit of Brandtjen
Farm Master Planned Unit Development Agreement, calculated as follows:
85 units x $2,250.00 = $191,250.00
Single Family and Detached Townhome
Dwelling Units
SBF Park Dedication
Fee Rate
Total
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Development of Spirit of Brandtjen Farm 16th Addition includes the construction of public sidewalks
and a privately owned/maintained and publicly accessible trail system. Five foot wide concrete sidewalks,
with pedestrian curb ramps, shall be installed along both sides of all two-way local streets. Sidewalk shall
be constructed along one side of Engelman Way, a one-way looped street. A bituminous trail shall be
constructed within Outlot B, connecting the sidewalk along Elkhorn Trail to the existing sidewalk at the
Eagleview Drive/162nd Street roundabout, constructed with previous phases of Spirit of Brandtjen Farm.
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the total amount of $3,350.00 is due at the time of final plat approval and consists of
six (6) stop signs with street blades at $425.00 each, one (1) one-way sign with arrows at $350.00, one (1)
do not enter sign at $300.00, and a mobilization fee of $150.00. If the street sign posts are installed in frost
conditions, the Developer must pay an additional $150.00 at 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:
85 units x $8.42/unit/qtr. x 4 qtrs. = $2,862.80
25. ENVIRONMENTAL RESCOURCES EXPENSES. A cash fee for one-year of
environmental resources expenses must be paid at the time of final plat approval and is calculated as
follows:
85 units x $7.75/unit/qtr. x 4 qtrs. = $2,635.00
Dwelling Units Surface Water Management Fee Total
26. RECORD DRAWINGS. A cash fee for the preparation of record construction drawings and
for upgrading the City base map must be paid with the final plat and is calculated as follows:
91 units x $75.00/unit = $6,825.00
Lots/Outlots City Base Map Updating Fee Total
27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat. Trees
that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton
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producing trees, or trees that may become a public hazard due to bug infestation or weak bark. The
minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped.
Evergreen trees must be at least eight feet (8’) tall. The trees planted within the public street right-of-way
must be installed such that they do not restrict visibility to traffic control signage. In an effort to protect the
sidewalks and streets, the Developer shall install root barrier adjacent to both the curb and sidewalk. The
boulevard trees must be maintained by the homeowner’s association, who must trim the trees to obtain a
minimum future branch height of 13 feet. This complies with the design standards of the approved Spirit of
Brandtjen Farm PUD. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to
the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within
sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a
cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping
requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform
the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the
escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free
for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the
time of planting. The Developer or property owner is responsible for contacting the City when all the
landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released
when all the landscaping has been installed and inspected by City staff and the remaining fifty percent
(50%) will be released one year after the landscaping inspection and any warranty work has been
completed.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the May 5, 2016, Engineering
report.
B. Before the City signs the final plat, the Developer shall convey Outlot C to the City
by warranty deed, free and clear of any and all encumbrances.
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C. The lots in Spirit of Brandtjen Farm 16th Addition must meet the setback and design
standards established by the approved SBF PUD Booklet dated June 20, 2005.
D. Natural Area signs must be installed along the south property line of Block 5,
adjacent to the East Lake Park Conservation Area. The Developer must post a $2,500.00 security at the
time of final plat approval to ensure the placement of the five natural area signs.
E. Landscaping shall be installed in accordance with the approved landscape plan.
The Developer shall post a $40,000.00 security at the time of final plat approval to ensure that the
landscaping is installed in accordance with the approved plan.
F. Prior to City Council approval of the final plat, the Developer shall furnish a boundary
survey of the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The
Developer shall post a $9,100.00 security for the final placement of interior subdivision iron monuments at
property corners. The security was calculated as follows: 91lots/outlots at $100.00 per lot/outlot. The
security will be held by the City until the Developer’s land surveyor certifies that all irons have been set
following site grading and utility and street construction. In addition, the certificate of survey must also
include a certification that all irons for a specific lot have either been found or set prior to the issuance of a
building permit for that lot.
G. 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 $17,600.00 and consists of four (4) mast-arm street lights at $1,400.00 each and ten (10) post-
top street lights at $1,200.00 each.
H. 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,
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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.
29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $1,417,271.30, plus a cash fee of $34,714.28 for
City engineering administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $ 167,901.35
B. Watermain 137,887.55
C. Storm Sewer 291,950.80
D. Street Construction 509,403.05
E. Erosion Control, Grading, Grading Certification,
Stormwater Basins 50,000.00
SUBTOTAL - CONSTRUCTION COSTS $ 1,157,142.75
OTHER COSTS:
A. Developer’s Design (6.0%) $ 69,428.57
B. Developer’s Construction Survey (2.5%) 28,928.57
C. City Legal Expenses (0.5%) 5,785.71
D. City Construction Observation (7.0%) 80,999.99
E. Developer’s Record Drawings (0.5%) 5,785.71
F. Landscaping 40,000.00
G. Street Lights 17,600.00
H. Lot Corners/Iron Monuments 9,100.00
I. Natural Area Signs (5 locations) 2,500.00
OTHER COSTS SUB-TOTAL $ 260,128.55
TOTAL SECURITIES: $ 1,417,271.30
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
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days written notice to the Developer, for any violation of the terms of this Contract or without notice if the
security is allowed to lapse prior to the end of the required term. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down
without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of
proof satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the
financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the
Developer's engineer shall be retained as security until all improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" plans have been received by the City, a
warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication Fee $ 191,250.00
B. Sanitary Sewer Availability Charge 27,795.00
C. Trunk Storm Sewer Area Charge 177,326.66
D. Traffic Control Signs 3,350.00
E. Street Light Operating Fee 2,862.80
F. Environmental Resources Fees 2,635.00
G. City Base Map Updating 6,825.00
H. City Engineering Administration 34,714.28 (3% for letters of credit or 3.25% for alternate disbursement)
SUBTOTAL - CASH REQUIREMENTS $ 446,758.74
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187031v2
CREDITS TO CASH REQUIREMENTS:
Trunk Storm Sewer Area Charge Credit (Outlot A) $ 34,925.00
SUBTOTAL - CREDITS TO CASH REQUIREMENTS $ 34,925.00
TOTAL CASH REQUIREMENTS $ 411,833.74
31. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
32. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection
with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and inspecting development of
the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
16
187031v2
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall
pay in full all bills submitted to it by the City prior to any reductions in the security for the development.
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.
33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
34. 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
17
187031v2
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private
streets prior to issuance of any building permits, except eight (8) model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning
ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors, material
men, employees, agents, or third parties. No sewer and water connections or inspections may be
conducted and no one may occupy a building for which a building permit is issued on either a temporary or
permanent basis until the streets needed for access have been paved with a bituminous surface and the
utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal action to
enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the
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187031v2
form attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
I. Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
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187031v2
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16972 Brandtjen Farm Drive, Lakeville, Minnesota 55044. Notices to the City shall be
in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail
in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
20
187031v2
CITY OF LAKEVILLE
BY: ___________________________________________
Matt Little, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _______ day of _______________,
2016, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
______________________________________________
NOTARY PUBLIC
24
187031v2
CONTRACT VENDOR CONSENT
TO
DEVELOPMENT CONTRACT
TRADITION CAPITAL BANK, a Minnesota banking corporation, which holds a Contract Vendor’s
interest in a Contract for Deed dated September 1, 2013, and filed for record with the Dakota County
Recorder on December 12, 2013, as Abstract Document No. 2990127, by the recording of a Collateral
Assignment of Contract for Deed dated December 6, 2013, and filed for record on December 12, 2013, as
Abstract Document No. 2990128 executed by Cobblestone Lake, LLC, which affects all or part of the
subject property, the development of which is governed by the foregoing Development Contract and
Planned Unit Development Agreement, hereby affirms and consents to the provisions thereof and agrees
to be bound by the provisions as the same may apply to that portion of the subject property in which there
is a contract vendor’s interest.
Dated this _____ day of ____________, 2016.
TRADITION CAPITAL BANK
BY: ______________________________________
Its
AND _____________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2016,
by ___________________________________ and ___________________________________ the
___________________________________ and ___________________________________ of Tradition
Capital Bank, a Minnesota banking corporation, on behalf of said corporation.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP:cjh
25
187031v2
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, which
holds mortgages on the subject property, the development of which is governed by the foregoing
Development Contract and Planned Unit Development Agreement, agrees that the Development
Contract and Planned Unit Development Agreement shall remain in full force and effect even if it
forecloses on its mortgages.
Dated this _____ day of ____________, 2016.
WELLS FARGO BANK, NATIONAL ASSOCIATION
BY: ______________________________________
Its
AND _____________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2016, by ___________________________________ and ___________________________________ the
___________________________________ and ___________________________________ of Wells Fargo Bank,
National Association, a national banking association, on behalf of the bank.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP:cjh
26
187031v2
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
TRADITION CAPITAL BANK, a Minnesota banking corporation, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract
and Planned Unit Development Agreement, agrees that the Development Contract and Planned Unit
Development Agreement shall remain in full force and effect even if it forecloses on its mortgage.
Dated this _____ day of ____________, 2016.
TRADITION CAPITAL BANK
BY: ______________________________________
Its
AND _____________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2016, by ___________________________________ and ___________________________________ the
___________________________________ and ___________________________________ of Tradition Capital
Bank, a Minnesota banking corporation, on behalf of said corporation.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP:cjh
27
187031v2
EXHIBIT “A”
Legal Description of Property Being Final Platted as
SPIRIT OF BRANDTJEN FARM 16TH ADDITION
Outlot D and Outlot E, SPIRIT OF BRANDTJEN FARM COMMERCIAL 1ST ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota.
AND
That part of Equestrian Trail, as dedicated per plat of SPIRIT OF BRANDTJEN FARM COMMERCIAL 1ST
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying southerly of the
easterly extension of the north line of Outlot G, said SPIRIT OF BRANDTJEN FARM COMMERCIAL 1ST
ADDITION.
AND
Outlot I and Outlot M, SPIRIT OF BRANDTJEN FARM COMMERCIAL 2ND ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota.
AND
That part of Equestrian Trail, as dedicated per plat of SPIRIT OF BRANDTJEN FARM 14TH ADDITION,
according to the recorded plat thereof, Dakota County, Minnesota, lying northerly of the following described
line: Commencing at the northeast corner of Lot 1, Block 1, said SPIRIT OF BRANDTJEN FARM 14TH
ADDITION; thence on an assumed bearing of North 88 degrees 48 minutes 20 seconds East, along the
northerly right of way line of said Equestrian Trail, a distance of 52.00 feet; thence southwesterly 68.12
feet, along the easterly right of way line of said Equestrian Trial, being a non-tangential curve, concave to
the northwest, having a radius of 276.00 feet, a central angle of 14 degrees 08 minutes 32 seconds and a
chord bearing of South 05 degrees 52 minutes 36 seconds West to the point of beginning of the line to be
described; thence southwesterly 97.85 feet, along a non-tangential curve, concave to the southeast, having
a radius of 119.66 feet, a central angle of 46 degrees 51 minutes 09 seconds and a chord bearing of South
54 degrees 48 minutes 53 seconds West to the westerly right of way line of said Equestrian Trail and said
line there terminating.
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 5 May 2016
RE: Lakeville – SBF; 16th Addition Final Plat
TPC FILE: 135.01
BACKGROUND
SBF Development Corporation has submitted final plat plans for Spirit of Brandtjen Farm 16th
Addition. The application involves platting the area of the Spirit of Brandtjen Farm PUD located
south of 162nd Street and west of Eagleview Drive with 49 single family lots, 36 detached
townhome lots, three common area lots and three outlots. The subject site is zoned PUD,
Planned Unit Development District as approved by the City Council on 20 June 2005. The City
Council approved a PUD Development Stage Plan and Preliminary Plat for SBF 16th Addition at
their meeting on 18 April 2016.
Exhibits:
A. Site Location Map
B. SBF PUD Master Site Plan
C. Approved Preliminary Plat (3 pages)
D. Final Plat (4 pages)
ANALYSIS
SBF Land Use. The SBF Land Use Plan (Page 3.4 of the SBF PUD Booklet) designates the area to
be developed for High Density Residential land uses. Based on the maximum allowed
development density established by the PUD District, the following calculation is made for the
2
number of potential dwelling units within the gross area of the preliminary plat: High Density =
29.16ac. x 12du/ac. = 349du. The 88 dwellings within the proposed SBF 16th Addition will be
deducted from the total of 2,109 dwelling units allowed for the entire SBF PUD District. The
remaining dwelling units not utilized within SBF 16th Addition may potentially be developed
elsewhere within SBF.
The SBF Master Site Plan (Page 3.5 of the SBF PUD Booklet) illustrates development of multiple
family residential dwellings in the area of SBF 16th Addition. The proposed final plat includes 49
single family lots and 36 detached townhouse dwellings. While lower in density than that
guided by the SBF Master Site Plan, the proposed land uses maintain the minimum of 3.0
dwelling units per acre of density required by the Metropolitan Council for the City’s overall
2030 Land Use Plan. Inclusion of the 36 detached townhomes is positive to add alternative
housing to single family dwellings within SBF and the City’s overall housing stock. The SBF PUD
allows flexibility in housing types based upon market demands.
Surrounding Land Use. The subject site is surrounded by the following land uses:
Direction Land Use Plan Zoning Existing Use
North Commercial
Office/Residential
PUD Commercial
Undeveloped
East High Density Residential PUD Undeveloped
South Park
High Density Residential
P/OS
PUD
East Community Park
Single Family
West Public/Quasi-Public
High Density Residential
P/OS
PUD
Cemetery
Single Family
The proposed detached townhouses provide a desirable land use transition from the
commercial uses approved on the north side of 162nd Street. The transition between the
proposed detached townhomes and single family lots within SBF 16th Addition occurs at a
desirable location along rear lot lines within Block 2 so that each of the dwelling types are
oriented towards like homes. The detached townhomes and single family lots proposed within
SBF 16th Addition will be compatible with existing and planned uses in the area.
Detached Townhomes. The preliminary plat included the proposed 36 detached townhomes in
three blocks. Each block has more than 7,500 square feet of lot area per dwelling unit
exceeding the requirements for detached townhomes established for such uses in the RST-2
District. The proposed setbacks for the detached townhomes are consistent with those
established for townhouse uses within areas designated for low to medium density land uses by
the PUD Standards table on page 7.1 of the SBF PUD Booklet except that the PUD Standards
specify a minimum 20 foot setback between buildings., The preliminary plat was approved to
allow a minimum of 15 feet between buildings consistent with recent amendments to the
Zoning Ordinance for setbacks between detached townhouse buildings within the RST-2
District.
3
Single Family Lots. The 49 single family lots are proposed with a minimum 60 foot width
consistent with the minimum lot requirement for cottage lots as set forth in Section 7 of the
SBF PUD Booklet, shown in the table below:
Min.
Lot
Width
Setbacks
Front Side Rear
House Garage
Door Garage Interior
Corner
House Garage
Door Garage House Garage
60ft. 20ft. 25ft. 15ft. 7ft. 15ft 25ft 15ft 20ft. 10ft.
Streets. The street layout for the proposed final plat is consistent with the preliminary plat
revision of the planned connection of Equestrian Trail extending north from SBF 12th and 14th
Additions to 162nd Street to instead curve Equestrian Trail east to intersect Eagleview Drive.
Other streets within the final plat:
Equestrian Trail will be a 28 foot wide street within a 52 foot wide right-of-way
consistent with the section in SBF 12th and 14th Additions and Street SC.3 in the SBF PUD
Booklet. Bump out parking bays are provided on the north side of Equestrian Trail
leaving the south side to be posted as a no parking zone.
Elmhurst Lane will be extended south of 162nd Street to provide a third neighborhood
access to SBF 16th Addition. The proposed street is provided as a 28 foot section within
a 52 foot wide right-of-way consistent with Street SC.3. The right-of-way and street
widens at the intersection with 162nd Street to match the commercial street section of
Elmhurst Lane north of 162nd Street. One side of the street will need to be designated
as no parking as determined by the City Engineer to allow for the best traffic flow at the
Elmhurst Lane 162nd Street intersection.
Elkhorn Trail loops north of Equestrian Trail to access single family lots and is designed
with a street section consistent with Street SC.3 within the SBF PUD Booklet. Off-street
parking will be allowed on the outside of the street loop and the inside lane will need to
be posted as no parking.
Engleman Way is a looped street around a neighborhood green accessing detached
townhomes proposed as a one-way street having a 48 foot wide right-of-way and 24
foot street section consistent with SC.4 of the SBF PUD Booklet. Off-street parking is to
be allowed on the outside of the street loop and the inside lane will need to be posted
as no parking.
Pedestrian Access. Five foot wide concrete sidewalks will be constructed on both sides of the
streets within SBF 16th Addition (except Engleman Way), which is consistent with the street
standards originally proposed by the developer as part of SBF. Outlot B provides for a HOA
maintained/publicly accessible trail connection between Elkhorn Trail and the trails at the
intersection of Eagleview Drive/162nd Street.
4
Landscaping. A landscape plan was approved with the preliminary plat and PUD Development
Stage Plan for the interior street boulevards, and the yards abutting 162nd Street and Eagleview
Drive providing for a landscape buffer. The developer has also submitted additional landscape
plans for plantings at the foundation of the detached townhouses and common open spaces.
The developer will be required to provide a security for installation of the landscaping within
the proposed final plat as part of the development agreement.
Park Dedication. No public park land will be dedicated to the City as part of the SBF 16th
Addition final plat. Park dedication requirements will be satisfied as a cash fee in lieu of land
paid with execution of the development agreement based on the formula established by the
SBF Master PUD Development Agreement:
85 dwelling units x $2,250.00/dwelling unit = $191,250
Grading Plan. The developer has submitted grading, drainage and erosion control plans.
Outlot C includes the storm water basin to the south of the proposed single family and
detached townhome dwellings and will be required to be deeded to the City. All grading plans
are subject to review and approval by the City Engineer.
MUSA/Utilities. The subject site is located within the current MUSA and plans have been
submitted for extension of sanitary sewer and water utilities to serve the proposed SBF 16 th
Addition. All utility plans are subject to review and approval of the City Engineer.
Easements. The final plat illustrates drainage and utility easements at the perimeter of all of
the single family lots as required by Section 10-4-4 of the Subdivision Ordinance. All drainage
and utility easements are subject to review and approval of the City Engineer.
Outlots. The 16th Addition final plat includes three outlots as previously described and
summarized below:
Outlot Purpose Ownership
A Publicly Accessible/Privately Maintained Open Space HOA
B Publicly Accessible/Privately Maintained Trail Corridor HOA
C Stormwater Management Basin City
Homeowners Association. Documents including SBF 16th Addition as part of the SBF Master
Homeowners Association and establishing homeowners association provisions for the detached
townhomes are required to be submitted with application for final plat approval. All
homeowners association documents are subject to review and approval by the City Attorney.
Development Agreement. The Subdivision Ordinance requires the developer to provide
construction and warranty securities for the public improvements within the final plat that are
to be outlined within a development agreement. The development agreement will be drafted
by the City Attorney and is to be executed by the applicant prior to City Council consideration of
the final plat.
5
CONCLUSION
The SBF 16th Addition Final Plat is consistent with the requirements of the SBF PUD District,
Zoning Ordinance, Subdivision Ordinance, and PUD Development Stage Plan and preliminary
plat. Our office and City staff recommends approval of the proposed development subject to
the conditions outlined below:
1. SBF 16th Addition shall be developed consistent with the approved SBF Master Plan, the
PUD booklet dated 20 June 2005 and the PUD Development Stage Plan/Preliminary Plat.
2. The single family lots within the SBF 16th Addition final plat are subject to the
requirements established for cottage lots:
Min.
Lot
Width
Setbacks
Front Side Rear
House Garage
Door Garage Interior
Corner
House Garage
Door Garage House Garage
60ft. 20ft. 25ft. 15ft. 7ft. 15ft 25ft 15ft 20ft. 10ft.
3. The detached townhouse units within the SBF 16th Addition final plat are subject to the
following setback requirements:
Min.
Lot
Width
Setbacks
Front Side Rear
House Garage
Door Garage Btwn.
Bldgs.
Corner
House Garage
Door Garage House
NA 15ft. 25ft. 15ft. 15ft. 20ft 25ft 15ft 15ft.
4. All street section plans are subject to review and approval of the City Engineer.
5. One side of Equestrian Trail, Elkhorn Trail, Elmhurst Lane, and Engleman Way shall be
designated as “No Parking”, subject to review and approval of the City Engineer.
6. Outlot C shall be deeded to the City.
7. All grading, drainage and erosion control plans shall be subject to review and approval
of the City Engineer.
8. All utility plans shall be subject to review and approval of the City Engineer.
9. Park dedication requirements shall be satisfied at the time of final plat approval as a
cash fee in lieu of land of $191,250.00 based on the formula established by the SBF
Master PUD Development Agreement subject to the recommendations of the Parks,
Recreation and Natural Resources Committee.
6
10. Homeowners Association documents for SBF 16th Addition shall be submitted with
application for final plat approval, and are subject to review and approval by the City
Attorney.
11. The applicant shall execute a development agreement with the City as drafted by City
Attorney and subject to approval of the City Council.
c. Justin Miller, City Administrator
Zachary Johnson, City Engineer
John Hennen, Parks and Recreation Director
Roger Knutson, City Attorney
±
Spirit of Brandtjen Farm
16th Addition
160th St (CSAH 46)
City of LakevilleAerial MapSpirit of Brandtjen Farm16th AdditionFinal PlatEXHIBIT A
162ND ST
E Q U E S
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(
C
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3
1
)
The bearing system is based on the
record plat of SPIRIT OF BRANDTJEN
FARM COMMERCIAL 1ST ADDITION
Outlot D and Outlot E, SPIRIT OF BRANDTJEN FARM COMMERCIAL 1ST
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota
And
That part of Equestrian Trail, as dedicated per plat of SPIRIT OF BRANDTJEN
FARM COMMERCIAL 1ST ADDITION, according to the recorded plat thereof,
Dakota County, Minnesota, lying southerly of the easterly extension of the
north line of Outlot G, said SPIRIT OF BRANDTJEN FARM COMMERCIAL 1ST
ADDITION.
And
Outlot I and Outlot M, SPIRIT OF BRANDTJEN FARM COMMERCIAL 2ND
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota
And
That part of Equestrian Trail, as dedicated per plat of SPIRIT OF BRANDTJEN
FARM 14TH ADDITION, according to the recorded plat thereof, Dakota
County, Minnesota, lying northerly of the following described line:
Commencing at the northeast corner of Lot 1, Block 1, said SPIRIT OF
BRANDTJEN FARM 14TH ADDITION; thence on an assumed bearing of
North 88 degrees 48 minutes 20 Seconds East, along the northerly right
of way line of said Equestrian Trail, a distance of 52.00 feet; thence
southwesterly 68.12 feet, along the easterly right of way line of said
Equestrian Trail, being a non-tangential curve, concave to the
northwest, having a radius of 276.00 feet, a central angle of 14 degrees
08 minutes 32 seconds and a chord bearing of South 05 degrees 52
minutes 36 seconds West to the point of beginning of the line to be
described; thence southwesterly 97.85 feet, along a non-tangential
curve, concave to the southeast, having a radius of 119.66 feet, a
central angle of 46 degrees 51 minutes 09 seconds and a chord bearing
of South 54 degrees 48 minutes 53 second West to the westerly right of
way line of said Equestrian Trail and said line there terminating.
PROPERTY DESCRIPTION
EXHIBIT D
The bearing system is based on the
record plat of SPIRIT OF BRANDTJEN
FARM COMMERCIAL 1ST ADDITION
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
The bearing system is based on the
record plat of SPIRIT OF BRANDTJEN
FARM COMMERCIAL 1ST ADDITION
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 22 OOFF 99
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 33 OOFF 99
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 44 OOFF 99
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 55 OOFF 99
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 66 OOFF 99
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 77 OOFF 99
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 88 OOFF 99
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 1166TTHH AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 55,, 22001166
PPAAGGEE 99 OOFF 99