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198922v6 1
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CEDAR CROSSINGS
CONTRACT dated ____________________, 2018, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and ARCON LAND II, LLC, a Minnesota limited liability
company, (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for CEDAR CROSSINGS (referred to in this Contract as the "plat"). The land is situated in the County of
Dakota, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part
hereof:
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, 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
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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 two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the
plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
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and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Section 11-16-
7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction
activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The
Developer shall submit plans and specifications which have been prepared by a competent registered
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professional engineer to the City for approval by the City Engineer. The Developer shall instruct its
engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to
the extent that the Developer’s engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City may, at the City’s
discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect
the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all
instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project
management. The Developer’s engineer is responsible for design changes and contract administration
between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a
pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the
City staff, to review the program for the construction work. Within thirty (30) days after the completion of
the improvements and before the security is released, the Developer shall supply the City with a complete
set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an
AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, 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 construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of -Way
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D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2019, 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
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operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
The Developer shall be responsible for the erosion control, final grading, and restoration of the
common drainage swales within drainage and utility easements. The maintenance responsibility will
expire once all of the upstream and adjacent lots have been permanently restored and the erosion
control measures are removed.
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
one (1) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross
sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
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“conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City
Code Section 10-3-5.NN. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined by the City
Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and
testing report, including referenced development phases and lot descriptions, shall be submitted to the
Building Official for review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as-built certificate of survey for single family lots must
be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
The Developer shall be responsible for the establishment of native vegetation of the stormwater
management basins and drainageways in Outlots A and B, as indicated in Plan B. Native vegetation
establishment shall include mowing and spraying weeds during the first three years as well as over
seeding as required to establish native vegetation.
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
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construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City’s in-house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated
construction cost.
19. STORM SEWER.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel, and must be
paid by the Developer upon final plat approval, and is calculated as follows:
Gross Area of Cedar Crossings 2,625,230.33 s.f.
Less Area of Outlot A (East Branch South Creek) (-) 25,911.26 s.f.
Less Area of Outlot B (Stormwater Management Basin) (-) 405,436.42 s.f.
Less Area of Outlot C (Future Development)
Less Area of Outlot D (Future Development)
Less Area of Outlot E (City Park)
(-) 187,413.23 s.f.
(-) 835,053.34 s.f.
(-) 207,580.16 s.f.
Total = 963,835.92 s.f.
963,835.92 s.f. x $0.178/s.f. = $171,562.79
Net Area of Cedar Crossings Single Family
Area Charge
Total Trunk
Storm Sewer Area Charge
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The Trunk Storm Area Charge will be collected at the time Outlots C and D are final platted into
lots and blocks, at the rate in effect at the time of final plat approval.
The Developer shall receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots
A and B to the City, consistent with City policy. The credit is based on the area of the outlots and is
calculated at the rate of $5,500 per acre, and will be applied to the final plat cash fees, calculated as
follows:
9.90 acres x $5,500/acre = $54,450.00
Total Area of Outlots A and B Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER.
Development of Cedar Crossings requires construction by the Developer of 10-inch trunk sanitary
sewer from Cedar Avenue to the north plat boundary, in accordance with the City’s Comprehensive
Sewer Plan. The City will credit the Developer’s final plat cash fees $12,614.00 for the oversizing of the
trunk sanitary sewer in the development, based on the cost difference between 8-inch sanitary sewer
and the 10-inch sanitary sewer that shall be installed by the Developer.
The Lateral Sanitary Sewer Access Charge is due for the lateral portion of the 15-inch (375-mm)
sanitary sewer within the Cedar Avenue right-of-way and shall be paid by the Developer at the time of
final plat approval. The Lateral Sanitary Sewer Access Charge is based on the frontage of the plat
adjacent to the sanitary sewer along Cedar Avenue, and is calculated as follows:
439 l.f. x $41.50/l.f. = $18,218.50
Sanitary Sewer
Frontage
Lateral Sanitary Sewer
Access Charge
Lateral Sanitary Sewer
Access Charge Required
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be
paid by the Developer upon final plat approval. The fee will be based on the rate in effect at the time of
final plat approval, calculated as follows:
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50 units x $327.00 = $16,350.00
Total Units
In Cedar Crossings
Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
21. WATERMAIN. The Developer shall extend 12-inch trunk watermain along Cedar Avenue
to the north property boundary of PID No. 220280020011, in accordance with the City’s Comprehensive
Water Plan. The City will credit the Developer’s final plat cash fees $29,280.00 for the oversizing of the
trunk watermain in the development. The credit is for 100% of the cost of the 12-inch water north of the
plat and the cost difference between 8-inch watermain and the 12-inch trunk watermain adjacent to the
plat and is based on an estimate provided by the Developer’s engineer.
The Lateral Watermain Access Charge is due for the lateral portion of the existing 16-inch
watermain within Cedar Avenue right-of-way and shall be paid by the Developer at the time of final plat
approval. The Lateral Watermain Access Charge is based on the frontage of the plat adjacent to Cedar
Avenue.
472 l.f. x $48.00/l.f. = $22,656.00
Watermain
Frontage
Lateral Watermain
Access Charge
Lateral Watermain
Access Charge Required
The Developer shall extend a sewer and water service to PID No. 220280020011, outside of the
plat boundary. The Developer shall be responsible for all easement acquisition necessary to install the
utility services. Connections to the services shall be not permitted until the downstream utilities have
been tested and accepted.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by Ci ty
staff with the final construction plans.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
and street construction shall be from Cedar Avenue at the existing driveway serving the church property.
The Developer may be required to obtain a temporary access permit from Dakota County.
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23. PARKS, TRAILS AND SIDEWALKS.
The Park Dedication requirement has not been collected on the parent parcel and shall be
satisfied by the Developer through a combination of land dedication and cash contribution that shall be
paid by the Developer at the time of final plat approval based on the Park Dedication Fee in effect at the
time of final plat approval.
The density of the Cedar Crossings and Cedar Crossings 2nd Addition preliminary plats is 2.22
lots/acre (123 proposed lots/55.50 acres). The land dedication requirement for subdivisions with a
density less than 3.0 lots/acre is 12%. The land dedication and cash contribution requirements are
estimated as follows:
Gross Area of Cedar Crossings
Less Area of Delineated Wetlands to remain
60.27
(-) 0.54
Acres
Acres
Less Area of Cedar Ave. ROW Dedication (-) 4.23 Acres
Total Buildable Area 55.50 Acres
Land Dedication Requirement (12%) 6.66 Acres
The Developer shall dedicate 4.77 acres in Outlot E to the City for park land. This satisfies
71.62% of the required 6.66 acres for park dedication (88.09/123 lots). The remaining 28.38% (34.91
lots) of the park dedication requirement for Cedar Crossings will be satisfied with future phases through a
cash contribution based on the rate in effect at the time of final plat approval.
The Developer shall grade the future City Park within Outlot E, Cedar Crossings at the time Outlot
D is final platted into lots and blocks, consistent with the grading plan approved with the Cedar Crossings
preliminary plat. The approved grading plan includes excavation and removal of fill on Outlot B, Cedar
Landing. The Developer shall be credited for any excavation or grading of Outlot B, Cedar Landing,
necessary at the time Outlot D is final plated into lots and blocks at a rate determined at the time of final
plat approval.
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs is due with Cedar Crossings and must be paid by the Developer upon final plat
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approval. Street signing consists of: two (2) stop and street blade combinations at $450.00 each, one (1)
stop sign at $350.00, one (1) speed limit sign at $300.00, nine (9) nine-button delineators at $125.00
each, three (3) future thru street signs at $75.00 each and a mobilization fee of $150.00 for a total of
$3,050.00 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:
50 units x $35.40/unit = $1,770.00
Dwelling Units Streetlight Operating Fee Total
25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay to the City
$2,084.00 in payment of the first year environmental resources expenses for the subdivision at the time of
final plat approval. The fee is calculated as follows:
50 units x $10.42/unit/qtr. x 4 qtrs. = $2,084.00
Dwelling Units Environmental Resources Fee Total
26. LANDSCAPING. Landscaping shall be installed by the Developer in accordance with the
approved landscape plan. The Developer shall post a security in the amount of $15,000.00 at the time of
final plat approval to ensure that the landscaping is installed in accordance with the approved plan.
27. BUFFER YARD BERM/LANDSCAPE SCREEN. Cedar Avenue is a minor arterial
roadway, as identified in the City’s Transportation Plan. A buffer yard containing plantings of a sufficient
density to provide a visual screen and a reasonable buffer a minimum of ten feet in height shall be
provided by the Developer adjacent to Lot 4, Block 4, as shown on the approved landscape plan.
28. TREE PRESERVATION. The tree plan identifies two (2) trees within the large wetland on
the parcel. Both trees will be saved.
29. WETLANDS. The wetland delineation for the site was approved on 9/1/2013 from a
delineation completed by Westwood Professional Services titled “Parcel #1 Lakeville project”. Wetland D
is proposed to be filled due to its degraded state as well as its lack of hydrology issues once built out.
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The size of the fill for Wetland D is 0.0627 acres. Unavoidable impacts to wetland A include 0.0562
acres of fill, 0.0397 acres of temporary excavation, and 0.0385 acres of permanent excavation.
The development requires 0.12 acres of wetland impact. The Developer shall replace the impacted
wetland at a 2:1 ratio (0.24 acres) from the McNallan Wetland Bank (#1500) in Wabasha County, BSA
#8, Major watershed #41. There are no credits available in BSA #8 and major watershed #38.
30. FEMA FLOODPLAIN ANALYSIS. Portions of Outlots A and B, Cedar Crossings are
shown on the Flood Insurance Rate Map (FIRM) as Zone AE by the Federal Emergency Management
Agency (FEMA). Based on this designation, a portion of the plat is located within a Special Flood Hazard
Area (SFHA), as determined by FEMA. The Cedar Crossings development plans include filling and
grading with the floodplain, including the regulatory floodway. Impacts to the floodplain require
conditional approval from FEMA to remap the floodplain boundaries prior to grading or site development.
The City submitted a Conditional Letter of Map Revision (CLOMR) application to FEMA on March 29,
2018. FEMA issued approved of the CLOMR on September 6, 2018. Following completion of the
development improvements, a Letter of Map Revision (LOMR) is required to modify the FIRM. The
remainder of the Cedar Crossings final plat (outside of Outlots A and B) are designated as Zone X by
FEMA, which is located outside of the SFHA.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the August 7, 2018 Planning and Engineering
Report.
B. Before the City signs the final plat, the Developer shall convey Outlots A, B, and E to the City by
warranty deed, free and clear of any and all encumbrances. The Developer shall remove the
existing driveway for PID No. 220280020011 and relocate it to access 205th Street. The
driveway shall be constructed by the Developer meeting City requirements per the final plat
plans. Access shall be maintained to the property at all times during construction. The
Developer shall obtain a temporary easement from the property owner prior to constructing
improvements outside of the plat boundary.
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C. A $2,500 cash escrow shall be paid by the Developer upon final plat approval for the north 25
feet of Glade Avenue roadway which is not proposed to be constructed with the final plat
improvements. The Developer shall place a “Future Street Extension” sign and barricades at
the north and south termini of Glade Avenue until extended in the future.
D. The Developer shall place a “Future Street Extension” sign and barricades at the south termini
of Geyser Court until extended in the future.
E. An existing fence line along the north plat boundary on the parent parcel must be removed by
the Developer with the Cedar Crossings development. The Developer shall post a $2,000.00
security upon final plat approval to ensure that the site encroachments are removed.
F. The following lots shall have no driveway access to 205th Street:
• Lot 1, Block 3
G. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $5,500.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 55
lots/outlots at $100.00 per lot/outlots. The security will be held by the City until the Developer's
land surveyor certifies that all irons have been set following site grading and utility and street
construction. In 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.
H. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $4,950.00.
I. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street light installation consistent with the approved plan. The estimated amount
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of this security is $14,000.00 and consists of seven (7) post top lights at $1,200.00, and four (4)
mast arm lights at $1,400.00 each.
J. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
K. The Developer will receive a $90,100.00 credit to the Trunk Storm Sewer Area Charge for the
cost of the box culvert at 205th Street for the East Branch South Creek crossing.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
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 $2,130,218.01. 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:
CONSTRUCTION COSTS:
A. Sanitary Sewer $315,721.00
B. Watermain 388,670.00
C. Storm Sewer 362,192.00
D. Street Construction 720,191.00
E. Erosion Control/Stormwater Basins,
Restoration, Grading Certification 91,000.00
CONSTRUCTION SUB-TOTAL $1,877,774.00
OTHER COSTS:
A. Developer’s Design (3.0%) $56,333.22
B. Developer’s Construction Survey (2.5%) 46,944.35
C. City Legal Expenses (Est. 0.5%) 9,388.87
D. City Construction Observation (Est. 5.0%) 93,888.70
E. Developer’s Record Drawings (0.5%) 9,388.87
198922v6 16
F. Remove Encroachments 2,000.00
G. Landscaping 15,000.00
H. Street Lights 14,000.00
I. Lot Corners/Iron Monuments 5,500.00
OTHER COSTS SUB-TOTAL $252,444.01
TOTAL SECURITIES: $2,130,218.01
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without
notice if the security is allowed to lapse prior to the end of the required term. If the required public
improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the
default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
amounts certified by the Developer's engineer shall be retained as security until all improvements have
been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City’s standard specifications for utility and street construction outline procedures for security
reductions.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Lateral Sanitary Sewer Access Charge 18,218.50
B. Sanitary Sewer Availability Charge 16,350.00
C. Trunk Storm Sewer Area Charge 171,562.79
D. Lateral Watermain Access Charge 22,656.00
E. Traffic Control Signs 3,050.00
198922v6 17
F. Street Light Operating Fee 1,770.00
G. Environmental Resources Expenses 2,084.00
H. City Base Map Updating Fee 4,950.00
I. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 56,333.22
J. Future Extension of Glade Avenue 2,500.00
SUBTOTAL TOTAL CASH REQUIREMENTS $299,474.51
CREDITS TO THE CASH REQUIREMENTS
Watermain Oversizing (Water Fund) $29,280.00
Sanitary Sewer Oversizing (Sewer Fund) 12,614.00
Culvert at 205th Street (Trunk Storm) 90,100.00
Deeding Outlot A and B (Trunk Storm) 54,450.00
SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS $186,444.00
TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $113,030.51
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and
street construction identify the procedures for final acceptance of streets and utilities.
35. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
198922v6 18
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.
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.
36. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
198922v6 19
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
37. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits, except 3 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
198922v6 20
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. In
the event this Contract is recorded, the City covenants to provide a recordable Certificate of
Completion promptly upon the completion of the work and responsibilities required herein,
payment of all costs and fees required and compliance with all terms of the Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor 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, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
198922v6 21
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City. A copy of the endorsement must be submitted
with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
198922v6 22
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
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 any time 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, until the City’s issuance of a
Certificate of Completion and Release.
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.
198922v6 23
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: Arcon Land II, LLC 350 Highway 7, Suite 125, Excelsior, MN 55331. 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.]
198922v6 24
CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2018, by Douglas P. Anderson 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
198922v6 26
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
CEDAR CROSSINGS
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 _____ day of ____________, 2018.
PREMIER BANK
By: ______________________________________
Its
STATE OF ______________ )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2018, by ___________________________________ the ___________________________________ of
Premier Bank, a Minnesota banking corporation, on behalf of said entity.
________________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/smt
198922v6 27
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
Cedar Crossings
The North 1,616.00 feet of the East 1616.00 feet of the Southeast Quarter of Section 28, Township 114
North, Range 20 West, Dakota County, Minnesota.
And
That part South Half of the Northeast Quarter lying east of the West 1663.8 feet thereof, Dakota County
Minnesota, described as follows:
Commencing at the southeast corner of said South Half of the Northeast Quarter, thence on an assumed
bearing of South 89 degrees 58 minutes 28 seconds West, along the south line of said South Half of the
Northeast Quarter, a distance of 90.00 feet to the point of beginning of the land to be described; thence
North 00 degrees 26 minutes 24 seconds East, along the west right of way line of Cedar Avenue as
shown on Dakota County Road Right of Way Map No. 229, a distance of 40.00 feet, thence South 89
degrees 58 minutes 28 seconds West a distance of 205.32 feet; thence westerly a distance of 209.15
feet along a tangential curve, concave to the south, having a central angle of 22 degrees 11 minutes 30
seconds and a radius of 540.00 feet to said south line, thence North 89 deg rees 58 minutes 28 seconds
East, along said south line, a distance of 408.96 feet to the point of beginning.
1
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Dakota County GIS±
Cedar Crossings
Final Plat area
205TH ST
210TH STREET CEDAR AVE (CSAH 23)GREENWOOD AVEGLADE AVEGEMINI TR
City of LakevilleLocation MapCedar CrossingsFinal Plat
EXHIBIT A
205TH ST
Outlot D, CEDAR CORSSING, Dakota County, Minnesota.
(At the time of this plan, the plat of CEDAR CORSSING is not of record)
PROPERTY DESCRIPTION
KNOW ALL PERSONS BY THESE PRESENTS: That Arcon Land II, LLC, a Minnesota limited liability company,
owner of the following described property:
The North 1,616.00 feet of the East 1616.00 feet of the Southeast Quarter of Section 28, Township 114
North, Range 20 West, Dakota County, Minnesota.
And
That part South Half of the Northeast Quarter lying east of the West 1663.8 feet thereof, Dakota County,
Minnesota, described as follows:
Commencing at the southeast corner of said South Half of the Northeast Quarter; thence on an assumed
bearing of South 89 degrees 58 minutes 28 seconds West, along the south line of said South Half of the
Northeast Quarter, a distance of 90.00 feet to the point of beginning of the land to be described; thence
North 00 degrees 26 minutes 24 seconds East, along the west right of way line of Cedar Avenue as
shown on Dakota County Road Right of Way Map No. 229, a distance of 40.00 feet; thence South 89
degrees 58 minutes 28 seconds West a distance of 205.32 feet; thence westerly a distance of 209.15
feet along a tangential curve, concave to the south, having a central angle of 22 degrees 11 minutes 30
seconds and a radius of 540.00 feet to said south line; thence North 89 degrees 58 minutes 28 seconds
East, along said south line, a distance of 408.96 feet to the point of beginning.
Has caused the same to be surveyed and platted as CEDAR CROSSINGS and does hereby dedicate to the
public for public use the public ways and the drainage and utility easements as created on this plat.
In witness whereof said Arcon Land II, LLC, a Minnesota limited liability company, has caused these presents
to be signed by its proper officer this day of , 20 .
Arcon Land II, LLC
By:
Scott Johnson, Chief Manager
STATE OF
COUNTY OF
This instrument was acknowledged before me on day of , 20 , by
Scott Johnson, the Chief Manager of Arcon Land II, LLC, a Minnesota limited liability company, on behalf of
the limited liability company.
County, Printed Name
My commission expires
I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision;
that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation
of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all
monuments depicted on this plat have been, or will be correctly set within one year; that all water
boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this
certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me on this day of , 20 ,
by Marcus F. Hampton.
County, Printed Name
My commission expires January 31,
CITY COUNCIL, CITY OF LAKEVILLE, STATE OF MINNESOTA
This plat of CEDAR CROSSINGS was approved and accepted by the City Council of the City of Lakeville,
Minnesota at a regular meeting thereof held this day of ,
20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.
By:
Mayor Clerk
DAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been
reviewed and approved this day of , 20 .
By:
Todd B. Tollefson, Dakota County Surveyor
COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA
We do hereby certify that on the 8th day of May, 2018, the Board of Commissioners of Dakota County,
Minnesota, approved this plat of CEDAR CROSSINGS and said plat is in compliance with the provisions of
Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the Dakota County Contiguous Plat Ordinance.
By: ___________________________________ Attest: ___________________________________
Chair, Dakota County Board Dakota County Treasurer - Auditor
DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land
hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no
delinquent taxes and transfer entered this day of , 20 .
By:
Joel T. Beckman, Director,
Department Of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of CEDAR CROSSINGS was filed in the office of the County Recorder for public
record on this day of , 20 , at o'clock . M. and was
duly filed in Book of Plats, Page , as Document
Number .
By:
Joel T. Beckman, County Recorder
8+%+0+6;/#2
DRAINAGE AND UTILITY EASEMENTS BEING
10 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING RIGHT OF WAY
LINES, AS SHOWN ON THE PLAT.
BEARINGS ARE BASED ON THE NORTH LINE
OF THE SE1/4 OF SEC. 28, T. 114, R. 20
WHICH IS ASSUMED TO HAVE A BEARING OF
S 89°58'28" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY
STATUTE REQUIRED LOCATION INDICATES A
PLAT MONUMENT THAT WILL BE SET WITHINONE YEAR FROM THE RECORDING DATE OF
THIS PLAT. SAID MONUMENTS SHALL BE
1/2 INCH x 14 INCH IRON PIPES MARKED BY
R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT
FOUND AND MARKED BY R.L.S. AS SHOWN
ON SURVEY
DENOTES SET 1/2 INCH BY 14 INCH IRON
MONUMENT WITH CAP MARKED R.L.S. NO.
47481
DENOTES RESTRICTED ACCESS TO DAKOTA
COUNTY PER THE DAKOTA COUNTY
CONTIGUOUS PLAT ORDINANCE
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
BEARINGS ARE BASED ON THE NORTH LINE
OF THE SE1/4 OF SEC. 28, T. 114, R. 20WHICH IS ASSUMED TO HAVE A BEARING OF
S 89°58'28" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY
STATUTE REQUIRED LOCATION INDICATES A
PLAT MONUMENT THAT WILL BE SET WITHIN
ONE YEAR FROM THE RECORDING DATE OFTHIS PLAT. SAID MONUMENTS SHALL BE
1/2 INCH x 14 INCH IRON PIPES MARKED BY
R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT
FOUND AND MARKED BY R.L.S. AS SHOWN
ON SURVEY
DENOTES SET 1/2 INCH BY 14 INCH IRON
MONUMENT WITH CAP MARKED R.L.S. NO.
47481
DENOTES RESTRICTED ACCESS TO DAKOTA
COUNTY PER THE DAKOTA COUNTY
CONTIGUOUS PLAT ORDINANCE
Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891-7087 Fax 952.891-7127 www.co.dakota.mn.us
April 3, 2018
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: CEDAR CROSSINGS
Dakota County Plat Commission met on April 3, 2018, to consider the preliminary plat of the above
referenced plat. The plat is adjacent to CSAH 23 (Cedar Ave.) and is therefore subject to the Dakota County
Contiguous Plat Ordinance.
The proposed plat includes a residential development. The right-of-way needs are 75 feet of half right of way
for a 4-lane roadway. Restricted access should be shown along all of CSAH 23 except for one access opening
across at 205th Street West. A quit claim deed to Dakota County for restricted access is required at the time
of recording the plat mylars. Turns lanes will be required on CSAH 23 for 205th Street West.
The Plat Commission noted that the existing church access to CSAH 23 will be relocated to 205th Street West.
Also noted, the “EA Update for the Cedar Avenue Corridor Transitway Study” identified 205th Street West as
a future restricted access but can remain a full access at this time.
The Plat Commission has approved the preliminary plat provided that the described conditions are met, and
reviewed the final plat and recommends approval to the County Board of Commissioners provided that the
described conditions are met.
Traffic volumes on CSAH 23 are 12,100 ADT and are anticipated to be 23,000 ADT by the year 2030. These
traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for
the proposed plat. Residential developments along County highways commonly result in noise complaints.
In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial
building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this
development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the permitting
process which reviews the design and may require construction of highway improvements, including, but not
limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please
contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat
Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
c: Scott Johnson (Arcon)
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