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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
WILD WINGS
CONTRACT dated ____________________, 2018, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and RYAN CONTRACTING COMPANY, a Minnesota
corporation (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for WILD WINGS (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
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
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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 n ot
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.
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 3
model home permits on lots acceptable to the Building Official), the Developer shall provide the City with
an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits 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
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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.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
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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. Development of Wild Wings includes the construction of public storm
sewer systems. The Developer shall install storm sewer within the subdivision to collect and convey
stormwater runoff generated from within the public right -of-way and lots to the public stormwater
management basins located within Outlot A and Outlot B. The Developer shall construct a temporary
diversion storm sewer along the east side of Eagleview Drive, which will route offsite runoff around the
development to Tributary No. 1 to North Creek. The Developer shall provide an escrow with the final plat
for the future removal of the diversion storm sewer. The storm sewer will be removed at the time the
property east of and adjacent to the parent parcel is final platted into lots and blocks. The cash escrow is
calculated as $13,920.00 based on a cost estimate by the developer’s engineer.
Draintile construction is required in areas of non-granular soils within Wild Wings for the street
sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building
footings, which is deemed necessary during construction shall be the developer’s responsibility to install
and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be
paid by the Developer with the Wild Wings final plat, calculated as follows:
Gross Area of Wild Wings 1,569,388 s.f.
Less Area of Outlot A (Stormwater Management Basin) (-) 21,903 s.f.
Less Area of Outlot B (Stormwater Management Basin) (-) 91,076 s.f.
Less Area of Outlot C (Natural Area Conservation) (-) 259,738 s.f.
Less Area of Outlot D (Future Development) (-) 575,348 s.f.
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Total = 621,323 s.f.
621,323 s.f. x $0.178/s.f. = $110,595.49
Net Area of Wild Wings Area Charge Total
The Developer will 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 calculated at
the rate of $5,500.00 per acre, and will be applied to the Wild Wings final plat cash fees. The credit is
calculated as follows:
2.59 acres x $5,500/acre = $14,245.00
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. Wild Wings is located within subdistricts NC-20010 and NC-200021
of the North Creek sanitary sewer district as identified in the City’s Comprehensive Sewer Plan. The
Developer shall direct all wastewater from Wild Wings through the NC-20010 subdistrict; the City has
reviewed this proposal and determined that the downstream facilities have sufficient capacity to serve the
proposed subdivision. The Developer shall extend sanitary sewer within the subdivision to provide sewer
service to the development. Wastewater will be conveyed to the MCES Farmington Interceptor and
continue to the Empire Wastewater Treatment Facility.
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 current rate in effect at the
time of final plat approval, calculated as follows:
45 units x $327.00 = $14,715.00
Total Units
Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge
21. WATERMAIN. The Developer shall extend 8-inch watermain within the Wild Wings
subdivision. Watermain to serve the lots within Wild Wings shall be extended by the Developer from
existing 12-inch trunk watermain in 173rd Street along both Eagleview Drive and Eastwood Avenue.
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Watermain shall be extended by the Developer to the south end of Eagleview Drive to serve future
development to the south.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility,
and street construction shall be through rock construction entrances on Eagleview Drive and Eastwood
Avenue.
23. PARK, TRAILS AND SIDEWALKS. The Developer shall construct five (5) foot wide
public sidewalks along the south side of 173rd Street, the east side of Eastwood Avenue, and the west
side of Eagleview Drive.
The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a cash contribution that shall be paid by the Developer with the final plat. The Park
Dedication Fee will be based on the rate in effect at the time of final plat approval, calculated as follows:
45 units x $4,090.00 = $184,050.00
Total Units
in Wild Wings
Park Dedication Fee Park Dedication Requirement
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee for traffic control signs upon final plat approval. Street signing consists of
three (3) stop and street blade combinations at $450.00 each, one (1) future thru street sign at $75.00,
three (3) 9 button delineators at $125.00 each, and a mobilization fee of $150.00 for a total of $1,950.00.
If the street signs are installed during frost conditions, the developer shall pay an additional $150.00 for
each street sign location.
The Developer shall pay a cash fee for one-year of streetlight operating expenses at the time of
final plat approval and is calculated as follows:
45 units x $8.85/unit/qtr. x 4 qtrs. = $1,593.00
Total Units
in Wild Wings
Streetlight Operating
Fee
Total
25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay to the City
$1,875.60 in payment of the first year environmental resources expenses for the subdivision at the time of
final plat approval. The fee was calculated as follows:
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45 units x $10.42/unit/qtr. x 4 qtrs. = $1,875.60
Total Units
in Wild Wings
Environmental Resources Fee Total
26. TREE PRESERVATION. A tree preservation plan has been submitted. The plan shows
a total of 107 significant trees within the site. The plan proposes to save 90 (84%) trees. The Developer
shall post a security in the amount of $1,000.00 for Tree Preservation.
27. BASIN SEEDING AND MAINTENANCE. The Developer shall post a security of
$10,000.00 for basin seeding and maintenance at the time of final plat approval.
28. WETLANDS. The wetland delineation for the site was approved on June 28, 2018. The
project proposes to impact all of Wetland B which is 4,466 sq. ft. (0.1025 acres) due to the development
of the site. Wetland credits of 8,932 sq. ft. will be purchased from Wetland Bank #1273 which is in BSA
8. The Notice of Application was sent out July 16, 2018. No adverse comments were received during the
comment period.
Based on the information provided in the report dated June 25, 2018, the impacts indicated for
the areas outlined in the report have been determined to be acceptable for use in implementing the
Wetland Conservation Act. No impacts are allowed until the final withdrawal information has been
received from BWSR. It is the Developer’s responsibility to obtain proper wetland approvals from the
U.S. Army Corps of Engineers.
The Developer shall be responsible for the installation of the required Natural Area signs. Sign
locations are identified on the final plat plans (16 Locations). The Developer shall post a security with the
final plat for sixteen signs at $150.00 per sign, for a total of $2,400.00.
29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the October 1, 2018 Planning Report and
October 1, 2018, Engineering Report.
B. Before the City signs the final plat, Outlots A and B must be conveyed to the City by warranty
deed, free and clear of any and all encumbrances. This land will be conveyed to the City at an
agreed upon price of $5,500.00 per acre and is calculated as follows:
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2.59 acres x $5,500.00 = $14,245.00
C. Before the City signs the final plat, Outlot C must be conveyed to Dakota County free and clear
of any and all encumbrances by warranty deed.
D. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $4,900.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 49
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.
E. The Developer shall place a barricade and “Future Through Street” sign at the south terminus of
Eagleview Drive.
F. 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 $4,410.00.
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 $6,200.00 and consists of four (4) post-top lights at $1,200.00, and one (1)
mast arm light at $1,400.00 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, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
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30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $1,560,971.69. 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. Site Grading and Erosion Control $204,037.50
B. Sanitary Sewer 241,899.50
C. Watermain 208,912.50
D. Storm Sewer 310,480.00
E. Street Construction 412,672.00
CONSTRUCTION SUB-TOTAL $1,378,001.50
OTHER COSTS:
A. Developer’s Design (3.0%) $41,340.05
B. Developer’s Construction Survey (2.5%) 34,450.04
C. City Legal Expenses (Est. 0.5%) 6,890.01
D. City Construction Observation (Est. 5.0%) 68,900.08
E. Developer’s Record Drawings (0.5%) 6,890.01
F. Tree Preservation 1,000.00
G. Basin Seeding and Maintenance 10,000.00
H. Street Lights 6,200.00
I. Natural Area Signs 2,400.00
J. Lot Corners/Iron Monuments 4,900.00
OTHER COSTS SUB-TOTAL $182,970.19
TOTAL SECURITIES: $1,560,971.69
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
199417v3 14
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.
31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication Fee $184,050.00
B. Sanitary Sewer Availability Charge 14,715.00
C. Trunk Storm Sewer Area Charge 110,595.49
D. Future Removal of Temporary Storm Sewer 13,920.00
E. Traffic Control Signs 1,950.00
F. Streetlight Operating Fee 1,593.00
G. Environmental Resources Fee 1,875.60
H. City Base Map Updating Fee 4,410.00
I. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 41,340.05
TOTAL CASH REQUIREMENTS $374,449.14
CREDITS TO THE CASH REQUIREMENTS WITH FINAL PLAT
Outlots A and B (Deed to the City) (Trunk Storm Sewer) $14,245.00
TOTAL REQUIREMENT WITH FINAL PLAT = $360,204.14
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32. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
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.
33. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction 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
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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.
34. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than 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.
35. 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.
199417v3 17
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
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
199417v3 18
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:
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
199417v3 19
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.
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
199417v3 20
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.
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.
36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 26480 France Avenue, Elko New Market, MN 55020. 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.
199417v3 21
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 ______________,
2_____, 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
199417v3 24
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
Wild Wings
The South One-half of the Northwest Quarter of Section 12, Township 114, Range 20, Dakota County,
Minnesota, except the following 6 parcels:
1. The South 485 feet of the West 898.20 feet of the South half of the Northwest Quarter (S1/2 of NW1/4)
of Section 12, Township 114, Range 20.
2. All that part of the South Half of the Northwest Quarter of Section 12, Township 114, Range 20,
Dakota County, Minnesota, except the south 485.00 feet of the west 898.20 feet thereof, which lies
southerly of the following described “Line A”:
Commencing at the southwest corner of said South Half of the Northwest Quarter; thence North 00
degrees 15 minutes 17 seconds East along the west line thereof, a distance of 373.14 feet to the point of
beginning of said “Line A”; thence East a distance of 85.39 feet; thence South 00 degrees 33 minutes 42
seconds West a distance of 102.00 feet; thence South 76 degrees 45 minutes 34 seconds East a
distance of 87.32 feet; thence South 53 degrees 07 minutes 48 seconds East a distance of 170.00 feet;
thence South 75 degrees 30 minutes 37 seconds East a distance of 91.92 feet; thence South 87 degrees
24 minutes 08 seconds East a distance of 529.54 feet; thence South 75 degrees 54 minutes 14 seconds
East a distance of 463.97 feet; thence East a distance of 145.00 feet; thence South 35 degrees 34
minutes 05 seconds East a distance of 220.06 feet; thence South 71 degrees 33 minutes 54 seconds
East a distance of 512.29 f eet; thence East a distance of 109.00 feet; thence North a distance of 339.57
feet to a point on the north line of the North Half of the Southwest Quarter of said Section 12; thence
South 89 degrees 41 minutes 10 seconds East 396.37 feet to the northeast corner thereof and said “Line
A” there terminating.
3. That part of the South Half of the Northwest Quarter of Section 12, Township 114, Range 20, Dakota
County, Minnesota, lying northerly of the following described line:
Beginning at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter;
thence on an assumed bearing of North 89 degrees 42 minutes 49 seconds West, along the south line of
said north 20.00 feet, a distance of 877.51 feet; thence southwesterly, a distance of 91.10 feet, along a
tangential curve, concave to the southeast, having a central angle of 14 degrees 29 minutes 57 seconds
and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14 seconds West, tangent to said
curve, a distance of 183.68 feet; thence southwesterly, a distance of 114.55 feet, along a tangential
curve, concave to the southeast having a central angle of 18 degrees 13 minutes 49 seconds and a
radius of 360.00 feet; thence southwesterly, a distance of 251.34 feet, along a reverse curve, concave to
the northwest, having a central angle of 32 degrees 43 minutes 46 seconds and a radius of 440.00 feet;
thence North 89 degrees 42 minutes 49 seconds West, tangent to said curve, a distance of 1143.08 feet,
to the west line of said South Half of the Northwest Quarter and there terminating.
4. The West 1532.10 feet of the South Half of the Northwest Quarter of Section 12, Township 114,
Range 20, Dakota County, Minnesota lying northerly of the north line of the South 486.00 feet of said
South Half of the Northwest Quarter and lying southerly of the following described line:
Beginning at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter;
thence on an assumed bearing of the North 89 degrees 42 minutes 49 seconds West, along the south
line of said north 20.00 feet, a distance of 877.51 feet; thence southwesterly, a distance of 91.10 feet,
199417v3 25
along a tangential curve, concave to the southeast, having a central angle of 14 degrees 29 minutes 57
seconds and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14 seconds West, tangent to
said curve, a distance of 183.68 feet; thence southwesterly, a distance of 114.55 feet, along a tangential
curve, concave to the southeast, having a central angle of 18 degrees 13 minutes 49 seconds and a
radius of 360.00 feet; thence southwesterly, a distance of 251.34 feet, along a reverse curve, concave to
the northwest, having a central angle of 32 degrees 43 minutes 46 seconds and a radius of 440.00 feet;
thence North 89 degrees 42 minutes 49 seconds West, tangent to said curve, a distance of 1143.08 feet,
to the west line of said South Half of the Northwest Quarter and there terminating.
5. That part of the west 1532.10 feet of the South Half of the Northwest Quarter of Section 12, Township
114 North, Range 20 West, Dakota County, Minnesota lying northerly of the north line of the South
486.00 feet of said South Half of the Northwest Quarter and lying southerly of the following described
line:
Beginning at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter;
thence on an assumed bearing of the North 89 degrees 42 minutes 49 seconds West, along the south
line of said north 20.00 feet, a distance of 877.51 feet; thence southwesterly, a distanc e of 91.10 feet,
along a tangential curve, concave to the southeast, having a central angle of 14 degrees 29 minutes 57
seconds and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14 seconds West, tangent to
said curve, a distance of 183.68 feet; thence southwesterly, a distance of 114.55 feet to a point, along a
tangential curve, concave to the southeast, having a central angle of 18 degrees 13 minutes 49 seconds
and a radius of 360.00 feet said point hereinafter referred to as “Point A”; thence southwesterly, a
distance of 251.34 feet, along a reverse curve, concave to the northwest, having a central angle of 32
degrees 43 minutes 46 seconds and a radius of 440.00 feet; thence North 89 degrees 42 minutes 49
seconds West, tangent to said curve, a distance of 1143.08 feet, to the west line of said South Half of the
Northwest Quarter and there terminating.
Which lies northeasterly of the following described line: Beginning at the above described “Point A”;
thence South 38 degrees 47 minutes 27 seconds East a distance of 239.85 feet to the east line of said
west 1532.10 feet of the South Half of the Northwest Quarter of Section 12 and said line there
terminating.
Except that part contained within the following:
That part of the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest
Quarter of Section 12, Township 114 North, Range 20 West, Dakota County, Minnesota described as
follows:
Commencing at the southeast corner of the north 20.00 feet of said South Half of the No rthwest Quarter;
thence on an assumed bearing of North 89 degrees 42 minutes 49 seconds West, along the south line of
said north 20.00 feet, a distance of 877.51 feet; thence southwesterly, a distance of 91.10 feet, along a
tangential curve, concave to the southeast, having a central angle of 14 degrees 29 minutes 57 seconds
and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14 seconds West, tangent to said
curve, a distance of 107.72 feet to the point of beginning of the parcel to be described ; thence continuing
South 75 degrees 47 minutes 14 seconds West a distance of 75.96 feet; thence Southwesterly, a
distance of 33.35 feet, along a tangential curve, concave to the southeast, having a central angle of 5
degrees 18 minutes 27 seconds and a radius of 360.00 feet; thence South 38 degrees 47 minutes 27
seconds East not-tangent to said curve a distance of 331.90 feet; thence South 12 degrees 35 minutes
02 seconds East a distance of 274.99 feet; thence South 24 degrees 17 minutes 02 seconds East a
distance of 597.85 feet; thence South 01 degree 12 minutes 08 seconds West a distance of 153.39 feet
to the north line of said Northeast Quarter of the Southwest Quarter; thence continuing South 01 degree
12 minutes 08 seconds West a distance of 83.01 feet; thence South 21 degrees 28 minutes 53 seconds
West a distance of 192.55 feet to a hereinafter described “Line A”; thence South 71 degrees 33 minutes
54 seconds East along said “Line A” a distance of 249.50 feet; thence East along said “Line A” a
distance of 20.94 feet; thence North 20 degrees 03 minutes 52 seconds East a distance of 83 .44 feet;
thence North 24 degrees 56 minutes 22 seconds West a distance of 135.07 feet; thence North 53
199417v3 26
degrees 58 minutes 40 seconds West a distance of 73.04 feet; thence North 01 degree 12 minutes 08
seconds East a distance of 96.74 feet to said north line of said Northeast Quarter of the Southwest
Quarter; thence continuing North 01 degree 12 minutes 08 seconds East a distance of 174.45 feet;
thence North 24 degrees 17 minutes 02 seconds West a distance of 610.22 feet; thence North 12
degrees 35 minutes 02 seconds West a distance of 288.02 feet; thence North 38 degrees 47 minutes 27
seconds West a distance of 311.14 feet to the point of beginning.
The hereinbefore referenced “Line A” is described “Line A” as follows:
Commencing at the southwest corner of said South Half of the Northwest Quarter; thence North 00
degrees 15 minutes 17 seconds East along the west line thereof, a distance of 373.14 feet to the point of
beginning of said “Line A”; thence East a distance of 85.39 feet; thence South 00 degrees 33 minutes 42
seconds West a distance of 102.00 feet; thence South 76 degrees 45 minutes 34 seconds East a
distance of 87.32 feet; thence South 53 degrees 07 minutes 48 seconds East a distance of 170.00 feet;
thence South 75 degrees 30 minutes 37 seconds East a distance of 91.92 feet; thence South 87 degrees
24 minutes 08 seconds East a distance of 529.54 feet; thence South 75 degrees 54 minutes 14 seconds
East a distance of 463.97 feet; thence East a distance of 145.00 feet; thence South 35 degrees 34
minutes 05 seconds East a distance of 220.06 feet; thence South 71 degrees 33 minutes 54 seconds
East a distance of 512.29 feet, thence East a distance of 109.00 feet; thence North, a distance of 339.57
feet to a point on the north line of the North Half of the Southwest Quarter of said Section 12; thence
South 89 degrees 41 minutes 10 seconds East 396.37 feet to the northeast corner thereof and said “Line
A” there terminating.
6. That part of the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the
Southwest Quarter of Section 12, Township 114 North, Range 20 West, Dakota County, Minnesota
described as follows:
Commencing at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter;
thence on an assumed bearing of North 89 degrees 42 minutes 49 seconds West, along the south line of
said
north 20.00 feet, a distance of 877.51 feet; thence southwesterly, a distance of 91.10 feet, along a
tangential curve, concave to the southeast, having a central angle of 14 degrees 29 minutes 57 seconds
and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14 seconds West, tangent to said
curve, a distance of 107.72 feet to the point of beginning of the parcel to be described; thence continuing
South 75 degrees 47 minutes 14 seconds West a distance of 75.96 feet; thence Southwesterly, a
distance of 33.35 feet, along a tangential curve, concave to the southeast, having a central angle of 5
degrees 18 minutes 27 seconds and a radius of 360.00 feet; thence South 38 degrees 47 minutes 27
seconds East not-tangent to said curve a distance of 331.90 feet; thence South 12 degrees 35 minutes
02 seconds East a distance of 274.99 feet; thence South 24 degrees 17 minutes 02 seconds East a
distance of 597.85 feet; thence South 01 degree 12 minutes 08 seconds West a distance of 153.39 feet
to the north line of said Northeast Quarter of the Southwest Quarter; thence continuing South 01 degree
12 minutes 08 seconds West a distance of 83.01 feet; thence South 21 degrees 28 minutes 53 seconds
West a distance of 192.55 feet to a hereinafter described “Line A”; thence South 71 degrees 33 minutes
54 seconds East along said “Line A” a distance of 249.50 feet; thence East along said “Line A” a
distance of 20.94 feet; thence North 20 degrees 03 minutes 52 seconds East a distance of 83 .44 feet;
thence North 24 degrees 56 minutes 22 seconds West a distance of 135.07 feet; thence North 53
degrees 58 minutes 40 seconds West a distance of 73.04 feet; thence North 01 degree 12 minutes 08
seconds East a distance of 96.74 feet to said north line of said Northeast Quarter of the Southwest
Quarter; thence continuing North 01 degree 12 minutes 08 seconds East a distance of 174.45 feet;
thence North 24 degrees 17 minutes 02 seconds West a distance of 610.22 feet; thence North 12
degrees 35 minutes 02 seconds West a distance of 288.02 feet; thence North 38 degrees 47 minutes 27
seconds West a distance of 311.14 feet to the point of beginning.
The hereinbefore referenced “Line A” is described “Line A” as follows:
199417v3 27
Commencing at the southwest corner of said South Half of the Northwest Quarter; thence North 00
degrees 15 minutes 17 seconds East along the west line thereof, a distance of 373.14 feet to the point of
beginning of said “Line A”; thence East a distance of 85.39 feet; thence South 00 degrees 33 minutes 42
seconds West a distance of 102.00 feet; thence South 76 degrees 45 minutes 34 seconds East a
distance of 87.32 feet; thence South 53 degrees 07 minutes 48 seconds East a distance of 170.00 feet;
thence South 75 degrees 30 minutes 37 seconds East a distance of 91.92 feet; thence South 87 degrees
24 minutes 08 seconds East a distance of 529.54 feet; thence South 75 degrees 54 minutes 14 seconds
East a distance of 463.97 feet; thence East a distance of 145.00 feet; thence South 35 degrees 34
minutes 05 seconds East a distance of 220.06 feet; thence South 71 degrees 33 minutes 54 seconds
East a distance of 512.29 feet; thence East a distance of 109.00 feet; thence North, a distance of 339.57
feet to a point on the north line of the North Half of the Southwest Quarter of said Section 12; thence
South 89 degrees 41 minutes 10 seconds East 396.37 feet to the northeast corner thereof and said “Line
A” there terminating.
2
3
4
Dakota County GIS
±
Wild Wings
Final Plat
area
179TH ST
173RD ST
170TH ST
173RD ST
PILOTKNOBRD(CSAH31)EAGLEVIEW DREASTWOODAVECity of LakevilleLocation MapWild WingsFinal Plat LocationEXHIBIT A
WILD WINGSLAKEVILLE, MINNESOTAPRELIMINARY PLATFORRYAN CONTRACTING CO.26480 FRANCE AVENUE, ELKO NEW MARKET, MN 550202500 WEST C.R. 42, SUITE 120, BURNSVILLE, MN 55337PHONE: 952.890.6044 mhampton@jrhinc.comPLANNERS / ENGINEERS / SURVEYORSwww.jrhinc.comEXISTING PROPERTY DESCRIPTION
The South One-half of the Northwest Quarter of Section 12, Township 114, Range 20, Dakota County, Minnesota, except the
following 6 parcels:
1. The South 485 feet of the West 898.20 feet of the South half of the Northwest Quarter (S1/2 of NW1/4) of Section 12,
Township 114, Range 20.
2. All that part of the South Half of the Northwest Quarter of Section 12, Township 114, Range 20, Dakota County, Minnesota,
except the south 485.00 feet of the west 898.20 feet thereof, which lies southerly of the following described “Line A”:
Commencing at the southwest corner of said South Half of the Northwest Quarter; thence North 00 degrees 15 minutes 17
seconds East along the west line thereof, a distance of 373.14 feet to the point of beginning of said “Line A”; thence East a
distance of 85.39 feet; thence South 00 degrees 33 minutes 42 seconds West a distance of 102.00 feet; thence South 76
degrees 45 minutes 34 seconds East a distance of 87.32 feet; thence South 53 degrees 07 minutes 48 seconds East a distance
of 170.00 feet; thence South 75 degrees 30 minutes 37 seconds East a distance of 91.92 feet; thence South 87 degrees 24
minutes 08 seconds East a distance of 529.54 feet; thence South 75 degrees 54 minutes 14 seconds East a distance of 463.97
feet; thence East a distance of 145.00 feet; thence South 35 degrees 34 minutes 05 seconds East a distance of 220.06 feet;
thence South 71 degrees 33 minutes 54 seconds East a distance of 5 12.29 feet East a distance of 109.00 feet; thence North, a
distance of 339.57 feet to a point on the north line of the North Half of the Southwest Quarter of said Section 12; thence South
89 degrees 41 minutes 10 seconds East 396.37 feet to the northeast corner thereof and said “Line A” there terminating.
3. That part of the South Half of the Northwest Quarter of Section 12, Township 114, Range 20, Dakota County, Minnesota,
lying northerly of the following described line:
Beginning at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter; thence on an assumed
bearing of North 89 degrees 42 minutes 49 seconds West, along the south line of said north 20.00 feet, a distance of 877.51
feet; thence southwesterly, a distance of 91.10 feet, along a tangential curve, concave to the southeast, having a central angle
of 14 degrees 29 minutes 57 seconds and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14 seconds West,
tangent to said curve, a distance of 183.68 feet; thence southwesterly, a distance of 114.55 feet, along a tangential curve,
concave to the southeast having a central angle of 18 degrees 13 minutes 49 seconds and a radius of 360.00 feet; thence
southwesterly, a distance of 251.34 feet, along a reverse curve, concave to the northwest, having a central angle of 32 degrees
43 minutes 46 seconds and a radius of 440.00 feet; thence North 89 degrees 42 minutes 49 seconds West, tangent to said
curve, a distance of 1143.08 feet, to the west line of said South Half of the Northwest Quarter and there terminating.
4. The West 1532.10 feet of the South Half of the Northwest Quarter of Section 12, Township 114, Range 20, Dakota County,
Minnesota lying northerly of the north line of the South 486.00 feet of said South Half of the Northwest Quarter and lying
southerly of the following described line:
Beginning at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter; thence on an assumed
bearing of the North 89 degrees 42 minutes 49 seconds West, along the south line of said north 20.00 feet, a distance of
877.51 feet; thence southwesterly, a distance of 91.10 feet, along a tangential curve, concave to the southeast, having a
central angle of 14 degrees 29 minutes 57 seconds and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14
seconds West, tangent to said curve, a distance of 183.68 feet; thence southwesterly, a distance of 114.55 feet, along a
tangential curve, concave to the southeast, having a central angle of 18 degrees 13 minutes 49 seconds and a radius of 360.00
feet; thence southwesterly, a distance of 251.34 feet, along a reverse curve, concave to the northwest, having a central angle
of 32 degrees 43 minutes 46 seconds and a radius of 440.00 feet; thence North 89 degrees 42 minutes 49 seconds West,
tangent to said curve, a distance of 1143.08 feet, to the west line of said South Half of the Northwest Quarter and there
terminating.
5. That part of the west 1532.10 feet of the South Half of the Northwest Quarter of Section 12, Township 114 North, Range 20
West, Dakota County, Minnesota lying northerly of the north line of the South 486.00 feet of said South Half of the Northwest
Quarter and lying southerly of the following described line:
Beginning at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter; thence on an assumed
bearing of the North 89 degrees 42 minutes 49 seconds West, along the south line of said north 20.00 feet, a distance of
877.51 feet; thence southwesterly, a distance of 91.10 feet, along a tangential curve, concave to the southeast, having a
central angle of 14 degrees 29 minutes 57 seconds and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14
seconds West, tangent to said curve, a distance of 183.68 feet; thence southwesterly, a distance of 114.55 feet to a point,
along a tangential curve, concave to the southeast, having a central angle of 18 degrees 13 minutes 49 seconds and a radius of
360.00 feet said point hereinafter referred to as “Point A”; thence southwesterly, a distance of 251.34 feet, along a reverse
curve, concave to the northwest, having a central angle of 32 degrees 43 minutes 46 seconds and a radius of 440.00 feet;
thence North 89 degrees 42 minutes 49 seconds West, tangent to said curve, a distance of 1143.08 feet, to the west line of
said South Half of the Northwest Quarter and there terminating.
Which lies northeasterly of the following described line: Beginning at the above described “Point A”; thence South 38 degrees
47 minutes 27 seconds East a distance of 239.85 feet to the east line of said west 1532.10 feet of the South Half of the
Northwest Quarter of Section 12 and said line there terminating.
Except that part contained within the following:
That part of the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section
12, Township 114 North, Range 20 West, Dakota County, Minnesota described as follows:
Commencing at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter; thence on an
assumed bearing of North 89 degrees 42 minutes 49 seconds West, along the south line of said north 20.00 feet, a distance of
877.51 feet; thence southwesterly, a distance of 91.10 feet, along a tangential curve, concave to the southeast, having a
central angle of 14 degrees 29 minutes 57 seconds and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14
seconds West, tangent to said curve, a distance of 107.72 feet to the point of beginning of the parcel to be described; thence
continuing South 75 degrees 47 minutes 14 seconds West a distance of 75.96 feet; thence Southwesterly, a distance of 33.35
feet, along a tangential curve, concave to the southeast, having a central angle of 5 degrees 18 minutes 27 seconds and a
radius of 360.00 feet; thence South 38 degrees 47 minutes 27 seconds East not-tangent to said curve a distance of 331.90 feet;
thence South 12 degrees 35 minutes 02 seconds East a distance of 274.99 feet; thence South 24 degrees 17 minutes 02
seconds East a distance of 597.85 feet; thence South 01 degrees 12 minutes 08 seconds West a distance of 153.39 feet to the
north line of said Northeast Quarter of the Southwest Quarter; thence continuing South 01 degrees 12 minutes 08 seconds
West a distance of 83.01 feet; thence Commencing at the southwest corner of said South Half of the Northwest Quarter;
thence North 00 degrees 15 minutes 17 seconds East along the west line thereof, a distance of 373.14 feet to the point of
beginning of said “Line A”; thence East a distance of 85.39 feet; thence South 00 degrees 33 minutes 42 seconds West a
distance of 102.00 feet; thence South 76 degrees 45 minutes 34 seconds East a distance of 87.32 feet; thence South 53
degrees 07 minutes 48 seconds East a distance of 170.00 feet; thence South 75 degrees 30 minutes 37 seconds East a distance
of 91.92 feet; thence South 87 degrees 24 minutes 08 seconds East a distance of 529.54 feet; thence South 75 degrees 54
minutes 14 seconds East a distance of 463.97 feet; thence East a distance of 145.00 feet; thence South 35 degrees 34 minutes
05 seconds East a distance of 220.06 feet; thence South 71 degrees 33 minutes 54 seconds East a distance of 5 12.29 feet East
a distance of 109.00 feet; thence North, a distance of 339.57 feet to a point on the north line of the North Half of the
Southwest Quarter of said Section 12; thence South 89 degrees 41 minutes 10 seconds East 396.37 feet to the northeast
corner thereof and said “Line A” there terminating.
6. That part of the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of
Section 12, Township 114 North, Range 20 West, Dakota County, Minnesota described as follows:
Commencing at the southeast corner of the north 20.00 feet of said South Half of the Northwest Quarter; thence on an
assumed bearing of North 89 degrees 42 minutes 49 seconds West, along the south line of said north 20.00 feet, a distance of
877.51 feet; thence southwesterly, a distance of 91.10 feet, along a tangential curve, concave to the southeast, having a
central angle of 14 degrees 29 minutes 57 seconds and a radius of 360.00 feet; thence South 75 degrees 47 minutes 14
seconds West, tangent to said curve, a distance of 107.72 feet to the point of beginning of the parcel to be described; thence
continuing South 75 degrees 47 minutes 14 seconds West a distance of 75.96 feet; thence Southwesterly, a distance of 33.35
feet, along a tangential curve, concave to the southeast, having a central angle of 5 degrees 18 minutes 27 seconds and a
radius of 360.00 feet; thence South 38 degrees 47 minutes 27 seconds East not-tangent to said curve a distance of 331.90 feet;
thence South 12 degrees 35 minutes 02 seconds East a distance of 274.99 feet; thence South 24 degrees 17 minutes 02
seconds East a distance of 597.85 feet; thence South 01 degrees 12 minutes 08 seconds West a distance of 153.39 feet to the
north line of said Northeast Quarter of the Southwest Quarter; thence continuing South 01 degrees 12 minutes 08 seconds
West a distance of 83.01 feet; thence South 21 degrees 28 minutes 53 seconds West a distance of 192.55 feet to a hereinafter
described “Line A”; thence South 71 degrees 33 minutes 54 seconds East along said “Line A” a distance of 249.50 feet; thence
East along said “Line A” a distance of 20.94 feet; thence North 20 degrees 03 minutes 52 seconds East a distance of 83 .44 feet;
thence North 24 degrees 56 minutes 22 seconds West a distance of 135.07 feet; thence North 53 degrees 58 minutes 40
seconds West a distance of 73.04 feet; thence North 01 degrees 12 minutes 08 seconds East a distance of 96.74 feet to said
north line of said Northeast Quarter of the Southwest Quarter; thence continuing North 01 degrees 12 minutes 08 seconds
East a distance of 174.45 feet; thence North 24 degrees 17 minutes 02 seconds West a distance of 610.22 feet; thence North
12 degrees 35 minutes 02 seconds West a distance of 288.02 feet; thence North 38 degrees 47 minutes 27 seconds West a
distance of3ll.14 feet to the point of beginning.
The hereinbefore referenced “Line A” is described “Line A” as follows:
Commencing at the southwest corner of said South Half of the Northwest Quarter; thence North 00 degrees 15 minutes 17
seconds East along the west line thereof, a distance of 373.14 feet to the point of beginning of said “Line A”; thence East a
distance of 85.39 feet; thence South 00 degrees 33 minutes 42 seconds West a distance of 102.00 feet; thence South 76
degrees 45 minutes 34 seconds East a distance of 87.32 feet; thence South 53 degrees 07 minutes 48 seconds East a distance
of 170.00 feet; thence South 75 degrees 30 minutes 37 seconds East a distance of 91.92 feet; thence South 87 degrees 24
minutes 08 seconds East a distance of 529.54 feet; thence South 75 degrees 54 minutes 14 seconds East a distance of 463.97
feet; thence East a distance of 145.00 feet; thence South 35 degrees 34 minutes 05 seconds East a distance of 220.06 feet;
thence South 71 degrees 33 minutes 54 seconds East a distance of 5 12.29 feet East a distance of 109.00 feet; thence North, a
distance of 339.57 feet to a point on the north line of the North Half of the Southwest Quarter of said Section 12; thence South
89 degrees 41 minutes 10 seconds East 396.37 feet to the northeast corner thereof and said “Line A” there terminating.
WILD WINGSLAKEVILLE, MINNESOTAPRELIMINARY PLATFORRYAN CONTRACTING CO.26480 FRANCE AVENUE, ELKO NEW MARKET, MN 550202500 WEST C.R. 42, SUITE 120, BURNSVILLE, MN 55337PHONE: 952.890.6044 mhampton@jrhinc.comPLANNERS / ENGINEERS / SURVEYORSwww.jrhinc.com
BEARINGS ARE BASED ON THE WEST LINE OF THE S1/2
OF THE NW1/4 OF SEC. 12, T. 114, R. 20 WHICH IS
ASSUMED TO HAVE A BEARING OF N 00°15'17" E
8+%+0+6;/#2
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 OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES FOUND 1/2 INCH IRON MONUMENT
DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENT
WITH CAP MARKED R.L.S. NO. 47481
DRAINAGE AND UTILITY EASEMENTS BEING
10 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING RIGHT OF WAY
LINES, AS SHOWN ON THE PLAT.
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
BEARINGS ARE BASED ON THE WEST LINE OF THE S1/2
OF THE NW1/4 OF SEC. 12, T. 114, R. 20 WHICH IS
ASSUMED TO HAVE A BEARING OF N 00°15'17" E
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 OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES FOUND 1/2 INCH IRON MONUMENT
DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENT
WITH CAP MARKED R.L.S. NO. 47481
G
RWO
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
August 21, 2018
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: WILD WINGS
The Dakota County Plat Commission met on August 20, 2018, to consider the preliminary plat of the above
referenced plat. The plat is adjacent to CSAH 31 (Pilot Knob Road), and is therefore subject to the Dakota
County Contiguous Plat Ordinance.
The proposal includes 45 residential lots and three outlots. The right-of-way needs along CSAH 31 for a future
six-lane roadway are 100 feet of half right of way. There is an existing easement of 75 feet; therefore, an
additional 25 feet should be dedicated. Restricted access is not required for the one-foot strip along CSAH 31.
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 31 are 28,000 ADT and are anticipated to be 39,000 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: Joel Cooper, James R. Hill
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