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HomeMy WebLinkAboutItem 08t A 0. • March 30 2010 Item No. SPIRIT OF BRANDTJEN FARM 5" ADDITION APRIL 5, 2010 CITY COUNCIL MEETING Proposed Action Staff recommends adoption of the following motion: Move to approve: a) a resolution approving the Spirit of Brandtjen Farm 5th Addition preliminary and final plat, b) a development final stage planned unit development of seven single family lots, and c) a resolution vacating a public drainage and utility easement. Adoption of this motion will allow the development of seven single family lots as the next phase of the Spirit of Brandtjen Farm (SBF) development consistent with the approved SBF PUD. Overview Tradition Development representatives are requesting approval of the Spirit of Brandtjen Farm 5th Addition preliminary and final plat and development and final stage PUD of seven cottage -style single family lots on land located in the southeast corner of the 550 acre SBF PUD approved in 2005. In conjunction with the SBF 5th Addition preliminary and final plat, the developer is requesting the vacation of a portion of an existing public drainage and utility easement. The vacated easement will be replaced with a new drainage and utility easement on the west side of Lot 1, SBF 5th Addition. The developer is also dedicating a permanent drainage and utility easement over a portion of Lot 1, Block 20, SBF as well as temporary drainage and utility easements over Outlot A, SBF 3`d Addition and Outlot D, SBF 4th Addition to accommodate storm sewer needs for this area of the planned unit development. The Planning Commission held a public hearing at their March 18, 2010 meeting and unanimously recommended approval of the SBF 5th Addition preliminary and final plat, development and final stage PUD, and easement vacation. There was no public comment. Staff recommends approval of the planning applications which will allow continued development in the SBF PUD. Primary Issues to Consider • Is the 5th Addition consistent with the approved SBF PUD? Supporting Information • Staff analysis of issues • Resolution approving the Spirit of Brandtjen Farm 5th Addition preliminary and final plat • Resolution vacating a public drainage and utility easement • Preliminary and final plat plans • Signed development contract/PUD agreement, security, cash, and certificate of insurance • Signed permanent and temporary drainage and utility easement agreements • March 18, 2010 draft Planning Commission meeting minutes • March 17, 2010 draft Parks, Recreation and Natural Resources Committee meeting minutes *A March 12, 2010 planning and engineering reports &I CbL Daryl l4prey, Fylaonibg Director Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Zoning and Subdivision ordinances. SBF PUD Notes: Staff Analysis of Issues Is the 5t' Addition consistent with the approved SBF PUD? � � t The southeast corner of the approved SBF PUD anticipated the future development of single family detached to high density residential land uses; however, the SBF PUD allows flexibility to change the land use in response to changing market demands or housing styles consistent with the planned unit development plan booklet approved with the SBF PUD in 2005, provided the total number of housing units developed does not exceed 2,109. The cottage -style single family lots fit the current demand in the SBF PUD and meet the performance standards of the approved planned unit development. 2 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SPIRIT OF BRANDTJEN FARM 5T" ADDITION WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 5th Addition has requested preliminary and final plat approval; and WHEREAS, the preliminary and final plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: The preliminary and final plat of Spirit of Brandtjen Farm 5th Addition is hereby approved subject to the developer's execution of the development contract and planned unit development agreement and security requirements as well as the terms and conditions of the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement dated October 17, 2005. 2. The Mayor and City Clerk are hereby directed to sign the development contract and planned unit development agreement and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. .,1 APPROVED AND ADOPTED this 5th day of April, 2010. CITY OF LAKEVILLE M ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA) ( CITY OF LAKEVILLE ) Holly Dahl, Mayor I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 5t" day of April, 2010, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described easement vacation, and WHEREAS, the City Council has determined that it is in the public interest to approve the easement vacation. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following drainage and utility easement is hereby vacated: That part of the drainage and utility easement as dedicated per the plats of Spirit of Brandtjen Farm, Spirit of Brandtjen Farm 3� Addition, and Spirit of Brandtjen Farm 4th Addition, according to the recorded plats thereof, Dakota County, Minnesota, which lie within the boundary of Outlot A, said Spirit of Brandtjen Farm 4th Addition. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 5th day of April 2010. CITY OF LAKEVILLE Holly Dahl, Mayor ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 5th day of April, 2010, as shown by the minutes of said meeting in my possession. Charlene Friedges, City Clerk (SEAL) 0 (reserved for recording information) DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Installed Improvements) SPIRIT OF BRANDTJEN FARM STHADDITION AGREEMENT dated , 2010, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and SBF DEVELOPMENT CORP., a Minnesota corporation (the "Developer") 1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and planned unit development for SPIRIT OF BRANDTJEN FARm 5TH ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Oudot A, SPIRIT OF BRANDTJEN FARM 4THADDITION, according to the recorded plat thereof The Spirit of Brandtjen Farm 5th Addition site is zoned PUD, Planned Unit Development, and is subject to the provisions of Ordinance Number 787 approved by the Lakeville City Council on June 20, 2005. 2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City I hereby approves the plat and planned unit development on condition that the Developer enter into this 150748v02 1 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, and 3) the plat has been filed with the Dakota County Recorder's 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 charges, sanitary sewer charges, and storm sewer 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. 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 the time set forth in the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement. 6. CHANGES IN OFFICIAL CONTROLS. For fifteen (15) years from the date of the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in 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 &ntract. 150748v02 2 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A and B, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion/Sediment Control Plan Plan C - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Storm Sewer System B. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control C. Underground Utilities D. Setting of Iron Monuments E. Surveying and Staking The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's 150748v02 3 LKVL:Spirit of Brandt en Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot comers must be completed before the applicable security is released. The Developer's surveyor shall also submit a written notice to the City certifying that the monuments have been installed. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Dakota County for County Road Access and Work in County Rights -of -Way • MnDot for State Highway Access • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal • DNR for Dewatering • City of Lakeville for Building Permits • MCES for Sanitary Sewer Connections • City of Lakeville for Retaining Walls 150748v02 4 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 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, 2010. 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 excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City or the Dakota County Soil and Water Conservation District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 150748v02 5 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 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 PLAN. The plat shall be graded in accordance with the approved grading, drainage 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 model home permit on a lot acceptable to the Building Official), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment basins, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross sections of storm water treatment basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of building permits until the 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. 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 150748v02 6 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) include monitoring of construction observation, consultation with Developer and his engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during _ the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be seven percent (7%) of the estimated construction cost. 19. CLAIMS. In the event that the City receives claims from labor, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract. 20. STORM SEWER. Development of Spirit of Brandtjen Farm 5th Addition includes only minor public storm sewer construction. Existing public storm sewer will collect and convey stormwater runoff generated from within the public right-of-way and lots to the existing public stormwater basin located near the northwest corner of the site. The public storm sewer is located within public right-of-way and public drainage and utility easements as depicted on the Spirit of Brandtjen Farm 5th Addition final plat. The trunk storm sewer area charge has not been collected on the parent parcel of Spirit of Brandtjen Farm 5th Addition and must be paid in cash at the time of final plat approval. The trunk storm sewer area charge is calculated as follows: 150748v02 7 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 0 l 78,536 s.f. (Gross Area of Final Plat) - 3,248 s.f. (Area of Outlot B - Future Development) = 75,288 s.f. 75,288 s.f. (Net Area of Final Plat) x $0.167/s.f. (Area Charge) _ $12,573.10 The Developer has a $267,426.29 trunk storm sewer credit carried over from Spirit of Brandtjen Farm 4th Addition. The $12,573.10 trunk storm sewer area charge for Spirit of Brandtjen Farm 5th Addition will be applied to the existing trunk storm sewer credit. The resulting trunk storm sewer credit balance of $254,853.19 shall be applied to future phases of the Spirit of Brandtjen Farm development. 21. SANITARY SEWER. Development of Spirit of Brandtjen Farm 5th Addition will not require public sanitary sewer construction. Existing sanitary sewer services, previously installed with the Spirit of Brandtjen Farm 4th Addition improvements, will provide service to the proposed lots within the Spirit of Brandtjen Farm 5th Addition final plat. The sanitary sewer availability charge has not been collected on the parent parcel of Spirit of Brandtjen Farm 5th Addition and must be paid with the final plat. The sanitary sewer availability charge is calculated as follows: 7 single-family dwelling units x $307.00/dwelling unit = $2,149.00 22. WATERMAIN. Development of Spirit of Brandtjen Farm 5th Addition will not require public watermain construction. Existing water services, previously installed with the Spirit of Brandtjen Farm 4th Addition improvements, will provide service to the proposed lots within the Spirit of Brandtjen Farm 5th Addition final plat. 23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction is restricted to Draft Horse Boulevard via 170th Street. 24. PARK DEDICATION AND TRAILS/SIDEWALKS. The Developer shall pay a cash contribution of $15,750.00 in satisfaction of the City's park dedication requirements that must be paid with the final plat. The park dedication fee, as identified in the Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan Agreement, is calculated as follows: 7 single-family dwelling units x $2,250.00/unit = $15,750.00 1 150748v02 8 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) The Developer has a $347,607.22 park dedication credit carried over from Spirit of Brandtjen Farm 4th Addition. The $15,750.00 park dedication requirement for Spirit of Brandtjen Farm 5th Addition will be applied to the existing park dedication credit. The resulting park dedication credit balance of $331,857.22 shall be applied to future phases of the Spirit of Brandtjen Farm development. Development of Spirit of Brandtjen Farm 5th Addition will not require public trail or sidewalk construction. 25. STREET LIGHT OPERATION COSTS. A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 7 dwelling units x $6.75/unit/qtr. x 4 qtrs. _ $189.00 26. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one-year of surface water management expenses shall be paid with the final plat and is calculated as follows: 7 dwelling units x $6.50/unit/qtr. x 4 qtrs. _ $182.00 27. LANDSCAPING. A landscape plan for the internal street boulevard landscaping has been submitted with the Spirit of Brandtjen Farm 5th Addition preliminary and final plat consistent with the landscape concept plan included in the Spirit of Brandtjen Farm PUD Booklet dated June 20, 2005. All landscaping shall be installed in accordance with the approved landscape plan. 28. TREE PRESERVATION. There are no significant trees within the Spirit of Brandtjen Farm 5th Addition final plat. 29. WETLANDS. There are no existing wetlands within the Spirit of Brandtjen Farm 5th Addition final plat. report. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the March 12, 2010, engineering B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. 1 150748v02 9 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) C. Building setbacks for Spirit of Brandtjen Farm 5th Addition shall be consistent with the approved Spirit of Brandtjen Farm PUD Booklet date June 20, 2005. D. Documents incorporating the Spirit of Brandtjen Farm 5th Addition final plat as part of the Spirit of Brandtjen Farm Master Homeowners Association are required to provide for long-term ownership and maintenance of Outlot A and for architectural and site design oversight and access to the private facilities within the Spirit of Brandtjen Farm development. These documents are subject to the review and approval of the City Attorney. E. The Developer shall establish a permanent drainage and utility easement across Lot 1, Block 20, Spirit of Brandtjen Farm and temporary drainage and utility easements across Outlot A, Spirit of Brandtjen Farm 3rd Addition and Outlot D, Spirit of Brandtjen Farm 4th Addition. All of these easement documents must be recorded simultaneously with the Spirit of Brandtjen Farm 5th Addition final plat. F. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $900.00 security for the final placement of interior subdivision iron monuments at property comers. The security was calculated as follows: 9 lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. G. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot/outlot for a total charge of $675.00. H. The Developer is required to submit the final plat in electronic format. The electronic format shall be either an AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. 150748v02 10 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 1 31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, 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 letter of credit, in the form attached hereto, from a bank ("security") for $20,472.00, plus a cash fee of $504.00 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Storm Sewer/Draintile $ 6,300.00 Site Grading, Erosion Control, Restoration and Grading Certification 10.500.00 CONSTRUCTION SUB -TOTAL $ 16,800.00 OTHER COSTS: Developer's Design (6.0%) $ 1,008.00 Developer's Construction Survey (2.5%) 420.00 City Legal Expenses (Est. 0.5%) 84.00 City Construction Observation (Est. 7.0%) 1,176.00 Developer's Record Drawings (0.5%) 84.00 Lot Corners/Iron Monuments 900.00 OTHER COSTS SUB -TOTAL $ 3,672.00 TOTAL PROJECT SECURITIES: 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, without notice, for any violation of the terms of this Contract or 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. 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 150748v02 11 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 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. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Sanitary Sewer Availability Charge $ 2,149.00 Street Light Operating Fee 189.00 Surface Water Management Utility Fee 182.00 City Base Map Updating 675.00 City Engineering Administration (3%) 504.00 TOTAL CASH REQUIREMENTS $ 3,699.00 New Balance of Developer Credits: Park Dedication Credit $ 331,857.22 Trunk Storm Sewer Credit 254,853.19 Total Developer Credits (to be applied to future phases) $ 586,710.41 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 34. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection 150748v02 12 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 41 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. 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. 35. 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 150748v02 13 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) 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. 36. 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 one model home on a lot 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. 150748v02 14 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) G. The action or inaction of the City shall not constitute a waiver or.amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to _ enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 150748v02 15 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) I K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 16972 Brandtjen Farm Drive, Lakeville, Minnesota 55044. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. 150748v02 SRN:r03/25/2010 [The remainder of this page has been intentionally left blank Signature pages follow.] 16 LKVL:Spirit of Brandtjen Farm 5th Add. (SBF Development Corp.) • CITY OF LAKEVILLE M (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) Holly Dahl, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2010, by Holly Dahl 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 150748v02 17 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) DEVFI npi=p- SBF BY: STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) The fo going inst ument was ackn ledged before me this -30ay of / 101-e A , 2010, by /. L�o�nfn P ha the 12reSr� of SBF Development Corp., a Minnesota corporation, on behalf of the corporation. . •,"JYrVv ,.,yr<.t''•- '-a.xini*,Wwv.Yw`w• /��������� {LiQN I+P BLUE e4RY PUBLIC r -':'r4„ ': �j• s ,� Nf7PPY -UBUC-MINNESOTA Jan, 31,2013� DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 RNK:srn 150748v02 18 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:r03/25/2010 (SBF Development Corp.) Client#: 4162 TRADDEVI ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D 3/29/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN -COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2800 POLICY NUMBER MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A. CINCINNATI INSURANCE COMPANY TRADITION DEVELOPMENT CORPORATION 6800 FRANCE AVE SUITE 178 EDINA, MN 55435 INSURER B: INSURER C: INSURER D: INSURER E: EACH OCCURRENCE $1.000.000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MI POLICY EXPIRATION DATE MMIDD LIMBS A GENERAL LIABILITY CAP5124810 01/01/10 01/01/11 EACH OCCURRENCE $1.000.000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED s500,000 CLAIMS MADE a OCCUR INCLUDES: MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X XCU OPERATIONS OF X BROAD FORM PD GENERAL AGGREGATE s2,000,000 SUBS -CONTINGENT GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG s2,000,000 CONTRACTUAL LIAB PRO- LOC X POLICY FX JECT A AUTOMOBILE LIABILITY ANY AUTO CAP5124810 01/01/10 01/01/11 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS/UMBRELLALIABILITY CCC1151866 01/01/10 01/01/11 EACH OCCURRENCE $10000000 X OCCUR FlCLAIMS MADE AGGREGATE $10,000,000 $ DEDUCTIBLE $ X RETENTION $ O A WORKERS COMPENSATION AND WC191847604 01/01/10 01/01/11 X TORY WC LIMIT OTH- l EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEEI $100,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT 1 $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS SPIRIT OF BRANDTJEN FARMS - 5TH ADDITION ADDITIONAL NAMED INSURED UNDER ABOVE POLICIES: SBF DEVELOPMENT CORP ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT W/RESPECT TO GENERAL LIABILITY: CITY OF LAKEVILLE CITY OF LAKEVILLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 ACORD 25 (2001/08) 1 of 2 *S362236/M354001 LriNk-Alkit•I, LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3_ DAYS WRITTEN '.E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE O ACORD CORPORATION 1981 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 2 #S362236/M354001 I (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR DRAINAGE AND UTILITY PURPOSES SBF DEVELOPMENT CORP., a Minnesota corporation, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Dakota, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached easement sketch. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with tP,1e location, construction, and maintenance of said public drainage and utility systems. 150775v01 1 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:03/24/2010 (Perm. DW Easmt over Lot 1, Blk 20, Spirit of Brand yen Farm) I The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of , 2010. Ulu SBF STATE OF MINNESOTA ) (SS. COUNTY OF ) The foregoing instrument was acknowled ed� before me this �3(, day of ✓y+ h , 2010, by � c�GL•a b ��P &a the P, -,-s of SBF Development Corp., a Minnesota corporation, on behalf of the corporation. ,Anel rUBOG-MINNESOTA 4:r;'. 4v^....c;r,s,i:n"r_x�iresJar�.3t,�U13 ARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 SRN:ms 15077501 2 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:03/24/2010 (Perm. D&UEasmt over Lot 1, Blk20, Spirit ofBrandyen Farm) EXHIBIT "A" to GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTION A permanent easement for public drainage and utility purposes over, under and across that part of Lot 1, Block 20, Spirit of Brandtjen Farm, according to the recorded plat thereof, Dakota County, Minnesota, lying northeasterly of the following described line and its northwesterly extension: Commencing at the most southerly comer of Outlot MM, said SPIRIT OF BRANDTJEN FARM; thence North 23 degrees 54 minutes 13 seconds East, assumed bearing, along the southeasterly line of said Outlot MM, a distance of 37.25 feet to the point of beginning of the line to be described; thence South 21 degrees 14 minutes 04 seconds East a distance of 15.97 feet; thence South 20 degrees 25 minutes 39 seconds East a distance of 47.89 feet to the southerly line of said Lot 1 and said line there terminating. [T'ORRENS PROPERTY] 150775v01 3 LKVL:Spirit of Brandt en Farm 5th Add. SRN:03/24/2010 (Perm. D& U Easmt over Lot 1, Blk 20, Spirit of Brandyen Farm) „M vi�rwv�v�_IIC .:II\LL_1 s o,� i mm n g N0 38.98 'E p q -38.98- -� Q3g �� 9 ` " 0 %S 4� flg g 2 rn N Sr' v m 0 $: gk L f J �' \ CD yco \49.8 02 P�B? 0 �. [ r' I C. ' n� a�m m log �BBB EP I — �:� I �' 111 ter'' ^V ^; *^<;^'j~ �•� ?Bs\e `� 7 Si NO r 1 ' Tis'.,>.,'�,: ::<;ir.,, �,95p5• gg N84b7'15 W`\ ,rI21 - a yo °• 4 �S C• 9RG.R.y�se • h\ C i -n - n-rn1171 i inp^r_a /g; Op CJ I, ' S ,4_�k• \ i iii OF Pi��ivDii - v^flv F R . T.nnnlTlnnl r COUTLOT A-� -1 G] r-A-i),� nr nnniTir�nI ry-r,vvi 'f i fl nvvl i IVI v\ 1 > ` SPIRIT OF BRANDTJEN FARM 5TH ADDITION LAIfENLLE1N11NE50TA aures Hill, ncE ti mm � 6.0�.o5 \O yD W> r SKETCH AND DESCRIPTION PLANNERS / ENGINEERS / SURVEYORS noo r CN It, 42, 9.. ,ax anM.0 MN sau/ c ? < SBF DEVEIAPMENT CORPORATION n,orE (95200--6044 FAX (952)89D-U44 BBOD TRANCE AKlAIE Sg11N EBNA. MINNESOTA 56116 (reserved for recording information) GRANT OF TEMPORARY BLANKET EASEMENT COBBLESTONE LAKE, LLC, a Minnesota limited liability company, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary easement for public drainage and utility purposes over, across, on, under, and through all of Outlot A, SPIRIT OF BRANDUEN FARM 3RD ADDITION, according to the recorded plat thereof, County of Dakota, State of Minnesota, as described and depicted on the attached easement sketch (the "Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and expiring when the property subject to this easement is fmal platted into lots and blocks, together with the right of ingress to and egress from the Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of th� City, at the will of the City, its successors and assigns; it being the 150778v01 LKVL:Spirit of Brandtjen Fane 5th Add. SRN:03/24/2010 (Temp. D&U Easmt Over Outlot A, Spirit of Brandtjen Farm 3rd Add.) intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. It is understood by the Grantor that the City shall not be responsible for any restoration or replacement costs or damages resulting from the construction and maintenance of the Easement Premises. It is further understood that vegetation will be removed and that excavation will occur on the Easement Premises. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and year first above written. GRANTOR: CO IM I 150778v01 2 LKVL:Spirit of Brandt en Farm 5th Add. SRN:03/24/2010 (Temp. D&U Easmt Over Outlot A, Spirit of Brandtjen Farm 3rd Add.) STATE OF MINNESOTA ) ) SS. COUNTY OF The foregoing instrument was acknowledged before me this 110 day of r 2009, by F► �Cof Cobblestone Lake, LLC, a Minnesota limited liability company, on behalf of the com y. —, c.fN•:V""✓Y.fY�.••^t e..'�• -•�.n �«.+ ..�i@le�1 PSM VV F:: MD0 CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN I W,a-j, OTARY PUBLIC 150778v01 3 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:03/24/2010 (Temp. D&U Easmt Over Outlot A, Spirit of Brandtjen Farm 3rd Add.) F:: MD0 CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN I W,a-j, OTARY PUBLIC 150778v01 3 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:03/24/2010 (Temp. D&U Easmt Over Outlot A, Spirit of Brandtjen Farm 3rd Add.) az- / •••�i-t1T ter- ��p n ninT irni r-n [r�� tivii v� L'11-� DToII-IV i Auvivi 6 2287.62 N89°41'45"W 17.2% 21.98 1' \ N63'26'40"W '-N04'36.WE - I 17.66,s ^+„30.11 - N05'46'36"E „ N27'+5'04"E 69.95 `-'^ 67.68 ��` � `�, moi% l • \ � ' �auw.a wb �snr FAmat �qF 1 p. 1 �OOyCiz� 6�"y45 \� �' I ! I ~' w •+at �`t�y1, � 1 � y wo (Xh i o 1P o baa I z r hyD,29� - y f..C1.� F z r' z oo- (:) 7 r a 7 I _Al221.01 / N.$ I N ri S02'3305'E = C'� S3MO4'E �� 39&61 - �p vp\t0 YYl C- 589'44'29"E II ,W (Y� p + mN ap A/ O 1 1� 13 I zL7 � 7 1 M. J�/ cI ORA- CRS- - L S^�—-);-po7 C>h ' 59tH ST. ,C, L ��, R j430' ` 7 IL.(,f— `�. 00 / lie I ! 1 _S78'13' 23E �` l ! 'H S'RE ` -29457--' 8 AI;O ROADRIGHT OF .Ila e5 S89°44'29"ES 8 22 F pggp I Jim t, It e� IL ail le a gE 6 g C Z w IL R g jai" 0 SPIRIT OF BRANDT�JENM�FFARM 5TH ADDITION James R. Hill, Inc. $ NO v D SKETCH AND DESCRIPTION PLANNERS /ENGINEERS /SURVEYORS � m _ g SBF DEVEIAPMENT CORPORATION 25001 C^ p0. 42 Sue IMBFNawc 7N 55771 O r NNNE: (952)89tF50N FAX (952890-52M 8800 FRANCE A\EFAIE SdI1N tDNA. WNESOTA 554 76 (reserved for recording information) GRANT OF TEMPORARY BLANKET EASEMENT SBF DEVELOPMENT CORP., a Minnesota corporation, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, a temporary easement for public drainage and utility purposes over, across, on, under, and through all of Outlot D, SPIRIT OF BRANDUEN FARM 4TH ADDITION, according to the recorded plat thereof, County of Dakota, State of Minnesota, as described and depicted on the attached easement sketch (the "Easement Premises"). TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and expiring when the property subject to this easement is final platted into lots and blocks, together with the right of ingress to and egress from the Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the wil� of the City, its successors and assigns; it being the 150777vO1 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:03/24/2010 (Temp. D&U Easmt Over Outlot D, Spirit of Brandtjen Farm 4th Add.) intention of the parties hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above described temporary Easement Premises, subject only to the right of the City to use the same for the purposes herein expressed. It is understood by the Grantor that the City shall not be responsible for any restoration or replacement costs or damages resulting from the construction and maintenance of the Easement Premises. It is further understood that vegetation will be removed and that excavation will occur on the Easement Premises. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title of the above described Easement Premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and year first above written. GRANTOR: SBF I� 1 15077701 2 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:03/24/2010 CTemp. D&U Easmt Over Outlot D, Spirit of Brandtjen Farm 4th Add.) STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this :3D day of 2009, by �a e o, f�� 2 the of SBF Development Corp., a Minnesota corporation, on behalf of the corporation. �^JORDAN BLUEARY PUBLIC NOTARY pUB.IC44INN)E SOTA K 6rY1:.- JfM`5��: �tJ ld4y�'.�fr,r�ir5!Cf? i.X�ii9S 1c:. , DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN 150777v01 3 LKVL:Spirit of Brandtjen Farm 5th Add. SRN:03/24/2010 (Temp. D&U Easmt Over Outlot D, Spirit of Brandtjen Farm 4th Add.) I IS n-, A I -T np; uRn, L n� 11 r"n-,r C:VVL<_Vni\L - — —L- 9 L— r�TIF TREET 1A"T N s� q9 43 gss 4 F pr S � Re It 3 $" $ ,l I IS n-, A I -T np; uRn, L n� 11 r"n-,r C:VVL<_Vni\L - — —L- 9 L— r�TIF TREET 1A"T FN -A° N p SPIRIT OF BRAND ENXM FARM 5TH ADDITION _ _ James R. Hill, Inc. cFi 5 �O 9 > PLANNERS ENGINEERS SURVEYORS _ u �> SKETCH AND DESCRIPTION / / o iR } g < SBF DEVEIAPMENT CORPORATION 25M ■ DR R. 4z S.rt 120, awN�uE NN 5W7 ° a O 3 6800 TRANCE A\ENUE SW TI EDINA. MINNESOTA 55{]5 ppE (93i�W-NNI FAX (95Yb90-6214 I C q9 43 gss RTA pr a - eER Re It FN -A° N p SPIRIT OF BRAND ENXM FARM 5TH ADDITION _ _ James R. Hill, Inc. cFi 5 �O 9 > PLANNERS ENGINEERS SURVEYORS _ u �> SKETCH AND DESCRIPTION / / o iR } g < SBF DEVEIAPMENT CORPORATION 25M ■ DR R. 4z S.rt 120, awN�uE NN 5W7 ° a O 3 6800 TRANCE A\ENUE SW TI EDINA. MINNESOTA 55{]5 ppE (93i�W-NNI FAX (95Yb90-6214 0-1rik r% Planning Commission Meeting UKAFTMarch 18, 2010 Page 4 8. The provisions of Chapter 11-32-7 of the Zoning Ordinance shall be met at all times. 9. A hair salon license shall be issued by the State of Minnesota prior to beginning operation of the hair salon. 10. The special home occupation permit shall expire one year from the date of issuance of the permit at which time the applicant may file for an extension of three years. Ayes: Maguire, Drotning, Lillehei, Davis. Nays: 0 ONNIPO ITEM 7. SPIRIT OF BRANDTJEN FARM 5TH ADDITION Chair Davis opened the public hearing to consider the application of Tradition Development for the following, located north of 170f Street and east of Eagleview Drive: A. Preliminary and final plat of 7 single family lots to be known as Spirit of Brandtjen Farm 5th Addition. B. PUD development and final stage plans. C. The vacation of a portion of an existing public drainage and utility easement. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Jacob Fick, Tradition Development, presented an overview of the request. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that Planning Department staff recommends approval of the preliminary and final plat, PUD development and final stage plans, and easement vacation, subject to the 5 stipulations listed in the March 12, 2010 planning report. Chair Davis opened the hearing to the public for comment. There were no comments from the audience. 10.14 Motion was made and seconded to close the public hearing at 6:21 p.m. Ayes: Drotning, Lillehei, Davis, Maguire. Nays: 0 1 Planning Commission Meeting March 18, 2010 ru" R,"' A F T Page 5 Chair Davis asked for comments from the Planning Commission. There were no comments. 10.15 Motion was made and seconded to recommend to City Council approval of the Spirit of Brandt en Farm 5th Addition preliminary and final plat, PUD development and final stage plans, and easement vacation, subject to the following stipulations: 1. Implementation of the recommendations listed in the March 12, 2010 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3.- Building setbacks for SBF 5th Addition shall be consistent with the approved SBF PUD Booklet dated June 20, 2005. 4. The developer has a $347,607.22 park dedication credit carried over from the SBF 4th Addition final plat. The park dedication requirement for SBF 5th Addition final plat is $15,750.00 (7 lots x $2,250.00/lot). A park dedication credit of $331,857.22 will be carried over to future phases of the SBF PUD. 5. Documents incorporating the SBF 5th Addition final plat as part of the SBF Master Homeowners Association are required to provide for long-term ownership and maintenance of Outlot A and for architectural and site design oversight and access to the private facilities within the SBF development. These documents are subject to the review and approval of the City Attorney. Ayes: Lillehei, Davis, Maguire, Drotning. Nays: 0 ITEM 9. STAFF NOTICES Mr. Morey commented that with the approval of the 14 lots in Fieldstone Creek 6th Addition and the 7 lots in Spirit of Brandtjen Farm 5th Addition, we have exceeded in one meeting the total number of lots final platted for the entire year of 2009. Mr. Morey stated that the April 1St Planning Commission meeting may be cancelled. When the decision is made early next week, Ms. Brevig will e-mail notice to Planning Commission members. He indicated the next Planning Commission meeting would then be April 15th and the public hearing for the Zoning Ordinance Update would be held at this meeting. CITY OF LAKEVILLE DRAFT PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for March 17, 2010 ITEM 1 Call to order Meeting was called to order in City Hall Council Chambers at 6 p.m. ITEM 2 Roll call of members Present: Bob Boerschel, Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace, Pat Messinger, Jeanne Peterson, Jerry Zell Absent: Staff Present: Parks & Recreation Director Steve Michaud, Environmental Resources Manager Mac Cafferty, Recording Secretary Patty Ruedy ITEM 3 Approval of the February 17, 2010 meeting minutes The February 17, 2010 Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented. ITEM 4 Citizen comments There were no citizens present. ITEM 5 Staff report Staff referred to report in committee packet. Staff reported that Wold Architects is working on a Senior Center/Historical Society needs analysis which will be completed sometime in April. ITEM 6 Spirit of Brandtjen Farm 5th Addition preliminary and final plat Mac Cafferty presented details of the plat. The plat is located on the north side of 170th Street and east of Eagleview Drive. The plat consists of 7 single-family lots. The developer will be required to construct a 5 -foot concrete sidewalk along Draft Horse Boulevard, adjacent to the plat. In addition, the developer will construct and 8 -foot wide bituminous through Outlot A. The trail will be similar to others and be privately owned and maintained by the homeowner's association, but accessible to the public. There will be no park dedication required, as there is an existing credit amount carried over from previous phases. (10.02) Motion made by Messinger, seconded by Goodwin to recommend City Council consider approval of Spirit of Brandtjen Farms 5"' Addition preliminary and final plat, including the required sidewalks and 8 -foot trails detailed in the planning and engineering reports. Finally, the developer is required to follow other recommendations outlined in the Planning and Engineering reports as they pertain to this plat. The developer is also required to follow the natural resources requirement detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage, and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable. Ayes -8 Nays -0 Motion passed. ITEM 7 Fieldstone Creek 6th Addition final plat Mac Cafferty presented the details of the plat. DR Horton has submitted an application for a final plat on 6.24 acres located south of Fieldcrest Drive and west of Pilot Knob Road. The plat consists of 14 single-family lots. Park dedication was satisfied with the dedication of land now known as Fieldstone Park. As such, no additional park dedication fees or land dedication is required. The developer may be required to construct at his cost an 8 -foot bituminous trail within City -owned Outlots D and E along Memorandum To: Planning Commission From: Daryl Morey, Planning Director?m Copy: Jacob Fick, Tradition Development Joel Cooper, James R. Hill Date: March 12, 2010 Item No. City of Lakeville Planning Department Subject: Packet Material for the March 18, 2010 Planning Commission Meeting Agenda Item:- Spirit of Brandtjen Farm 5th Addition BACKGROUND Tradition Development representatives have submitted preliminary and final plat plans for Spirit of Brandtjen Farm 5th Addition, which consists of seven single family lots and two outlots on 1.8 acres of land located north of 170th Street and east of Eagleview Drive in the southeast corner of the Spirit of Brandtjen Farm (SBF) development. The applications involved with the development of the subject site include preliminary and final plat, PUD development and final stage plans, and an easement vacation. The subject property is zoned PUD, Planned Unit Development and is located within the current MUSA. The SBF preliminary plat and planned unit development was approved by the City Council on June 20, 2005. Exhibits: A. Location Map B. SBF 5t" Addition Title Sheet C. SBF 5th Addition Preliminary Plat D. SBF 5th Addition Preliminary Grading & Drainage Plan E. SBF 5th Addition Preliminary Utility Plan F. SBF 5th Addition Final Plat G. SBF 5th Addition Final Erosion & Sediment Control Plan H. SBF 5th Addition Final Grading & Drainage Plan I. SBF 5th Addition Final Storm Sewer & Service Construction Plan J. SBF 5t" Addition Final Landscape Plan K. SBF 5th Addition Easement Vacation Sketch Full size copies of the SBF 5th Addition preliminary and final plat plans are included with your packet material. The SBF 5th Addition preliminary and final plat plans have been distributed to Engineering Department staff and the Parks, Recreation and Natural Resources Committee for review. I SBF 50'Addition Preliminary and Final Plat March 18, 2010 Planning Commission Meeting ANALYSIS Application Deadline. The SBF 5t' Addition preliminary plat application and plans were submitted on January 13, 2010. Chapter 10-2-2D.1 of the Subdivision Ordinance requires City Council action on the preliminary plat within 120 days of the submittal of a complete preliminary plat application. As such, City Council action on SBF 5t' Addition is required by May 13, 2010. Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides the subject site for medium density residential uses at four to seven dwelling units per acre. The net density of the SBF 5t' Addition preliminary and final plat is 5.1 dwelling units per acre. SBF Land Use Plan. The SBF Land Use Plan and Site Plan included as pages 3.4 and 3.5 of the SBF PUD Booklet dated June 20, 2005 anticipates development of the subject site with single family detached to high density residential land uses. The SBF 5"' Addition PUD development stage plan/preliminary plat proposes seven single family lots consistent with the SBF PUD land use and site plans. The maximum development potential for the subject site is: High Density = 1.73 (gross area — Outlot B) x 12 du/ac = 21 du As such, up to 14 dwelling units will be eligible for transfer to future phases of SBF, up to the total of 2,109 dwelling units allowed by the SBF Master PUD. MUSA. The subject site is within the MUSA and sanitary sewer and water utilities services are available to each of the seven lots in the preliminary and final plat. Zoning. The SBF 5th Addition site is zoned PUD, Planned Unit Development District and is subject to the provisions of Ordinance Number 787 approved by the City Council on June 20, 2005. Surrounding Land Use. The subject site is surrounded by the following land uses. The proposed single family lots will be compatible with existing and planned uses in the area. Direction Land Use Plan Zoning Existing Use North High Density Residential PUD Future SBF Phase East Medium Density Residential PUD SBF 4 Addition Preliminary Plat South Medium Density Residential PUD Single Family Homes SBF 4th Addition West SBF Farmstead Preservation Area PUD SBF Clubhouse, Pool, Offices, Common Area Lot Area and Width. There is no minimum lot area required by the SBF PUD District. Rather, lots are regulated based on minimum width requirements, setbacks and design standards established by the SBF PUD Booklet dated June 20, 2005. The lots within SBF 5t' Addition are proposed with a minimum 60 foot width and otherwise subject to cottage lot standards as set forth in Section 7 of the SBF PUD Booklet. Designation of all lots as the more compact cottage lots is acceptable given the SBF Land Use Plan designation for the subject site. All lots in SBF 5t' Addition meet the minimum 60 foot width requirement for 2 SBF 5`h Addition Preliminary and Final Plat March 18, 2010 Planning Commission Meeting cottage lots and are consistent with the lots final platted on the south side of Draft Horse Boulevard with SBF 4th Addition and appropriate site design to have similar lots fronting both sides of a street. Setbacks. All of the proposed single family lots are subject to and are consistent with the setback requirements established for cottage lots in the SBF PUD Booklet: Setbacks Front Side Rear House Garage Door Garage Interior Corner House Garage Door Garage House Garage 20ft. 25ft. 15ft. 7ft. 15ft 25ft 15ft 20ft. 10ft. Outlots. The SBF 5th Addition preliminary and final plat includes two outlots: Outlot Purpose A Publicly accessible/privately maintained trail corridor B Future residential development phase Both outlots will remain under the ownership of the developer. Streets. Access to the subject site will be provided via Draft Horse Boulevard from 170th Street. Draft Horse Boulevard adjacent to the site was previously constructed with the SBF 4th Addition improvements as a 28 foot wide street section within a 60 foot right-of-way consistent with the street sections approved as part of the SBF PUD Booklet dated June 20, 2005. Sidewalks/Trails. Five foot wide concrete sidewalks were previously constructed along both sides of Draft Horse Boulevard with the SBF 4th Addition improvements. In addition, an existing eight foot wide bituminous trail is located within Outlot A, SBF 5th Addition. This privately maintained and publicly accessible trail provides connections to the Farmstead Preservation Area and the internal SBF trail system as well as to the existing public trail located on the north side of 170th Street. Landscape Plan. A landscape plan for the internal street boulevard landscaping has been submitted with the SBF 5th Addition preliminary and final plat consistent with the landscape concept plan included in the SBF PUD Booklet dated June 20, 2005. Park Dedication. No public park land is required to be dedicated to the City as part of SBF 5th Addition. The developer has a $347,607.22 park dedication credit carried over from the SBF 4th Addition final plat. The park dedication requirement for SBF 5th Addition final plat is $15,750.00 (7 lots x $2,250.00/lot). A park dedication credit of $331,857.22 will be carried over to future phases of the SBF PUD. Grading and Drainage. The developer has submitted preliminary and final grading and drainage plans for SBF 5th Addition. The plans have been reviewed by Engineering Department staff and they recommend approval subject to two conditions in their attached memorandum dated Mach 12, 2010. 3 SBF 5`h Addition Preliminary and Final Plat March 18, 2010 Planning Commission Meeting Utilities. A plan has been submitted that illustrates existing sanitary sewer and water services to the seven lots in SBF 5th Addition as well as proposed storm sewer services. The plans have been reviewed by Engineering Department staff and they recommend approval subject to two conditions in their attached memorandum dated Mach 12, 2010. Easement Vacation. The developer is requesting the vacation of a portion of an existing drainage and utility easement located along the west side of the parent parcel. The preliminary and final plat illustrate drainage and utility easements at the perimeter of the single family lots as required by Section 10-4-4 of the Subdivision Ordinance. The drainage and utility easement along the west side property line of Lot 1 has additional width to match the easement being vacated and to accommodate the existing storm sewer pipe located within Lot 1. Engineering Department staff has reviewed the proposed easement vacation and is recommending approval. Tree Preservation/Wetlands. There are no significant trees or wetlands located within the SBF 5th Addition preliminary and final plat. Homeowners Association. Documents incorporating the SBF 4th Addition as part of the SBF Master Homeowners Association are required to provide for long-term ownership and maintenance of Outlot A and for architectural and site design oversight and access to the private facilities within the SBF development. These documents are subject to review and approval by the City Attorney. RECOMMENDATION The Spirit of Brandtjen Farm 5th Addition preliminary and final plat, PUD development and final stage plans, and easement vacation are consistent with the requirements of the Comprehensive Plan, Zoning and Subdivision ordinance, and the approved SBF PUD. Planning Department staff recommends approval subject to the following stipulations: 1. Implementation of the recommendations listed in the March 12, 2010 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. Building setbacks for SBF 5th Addition shall be consistent with the approved SBF PUD Booklet dated June 20, 2005. 4. The developer has a $347,607.22 park dedication credit carried over from the SBF 4th Addition final plat. The park dedication requirement for SBF 5th Addition final plat is $15,750.00 (7 lots x $2,250.00/lot). A park dedication credit of $331,857.22 will be carried over to future phases of the SBF PUD. 5. Documents incorporating the SBF 5th Addition final plat as part of the SBF Master Homeowners Association are required to provide for long-term ownership and maintenance of Outlot A and for architectural and site design oversight and access to the private facilities within the SBF development. These documents are subject to the review and approval of the City Attorney. (plancom m-sbf5prelim inaryfinalplat) 51 11 I TOP MIT NYORMT SOLIMEAST WAORMT OF 11C TM STPEET REST E EASTWOOD AVENUE IBP. O W FAOM RESTKOOO —S.— SE-MS-B-ISI-OS BENCH LOCK t 1OIw P W I-! ELEVATION - 93327 FEET (NAVO 19M DAVM) M GTED ADJOMNG R,GlT OF PLAT AS 910KN Ot! 1NE I ENC NUT NYDRMT EAST MAGRANT OF ,IOM GROSS STREET REST Y EDGEROOD WIVE FROM RESTRp00 PRMESSOTEAL LOT SERWCES-o-19-OS BENCH LOOP i�w� E 6t W G� OI LI I1]N -9Max9oN aTLOTS (PJTLOT B) (03M APES) TOTAL W +75+ y __—E— E.•s u wITg18 ELECTRIC LME w1 ' STK MANAGE A n UW" EASEMENTS SPIRIT OF BRANDTJEN FARM 5TH LAKEVILLE, MINNESOTA PRELIMINARY PLAT EXHIBITS SfTE FOR SBF DEVELOPMENT CORPORATION 6800 FRANCE AVENUE SOUTH, EDINA, MN 55435 1 PHONE: (952) 252-4686 FAX: (952)-252-4687 s" -T o' ZOMNG P U D 0 OF LOTS 7 LOTS DENSITY / UNITS 4.1 D U /ACRES 1 GROSS-OUTLOT A SPIRIT OF BRANDTJEN FARMS PUD DEVELOPMENT STANDARDS - LOW DENSITY RESROENTUAL Ty. SETBACKS MIN LOT MOM I TOP MIT NYORMT SOLIMEAST WAORMT OF 11C TM STPEET REST E EASTWOOD AVENUE BDNG 5 FEET N MOM uMEM NpFATFD, ADJOWMG FAOM RESTKOOO —S.— SE-MS-B-ISI-OS BENCH LOCK OMERMg LOT ONES AND EENG 10 FEET N OM LESS .—SE I-! ELEVATION - 93327 FEET (NAVO 19M DAVM) M GTED ADJOMNG R,GlT OF PLAT AS 910KN Ot! 1NE I ENC NUT NYDRMT EAST MAGRANT OF ,IOM GROSS STREET REST Y EDGEROOD WIVE FROM RESTRp00 PRMESSOTEAL LOT SERWCES-o-19-OS BENCH LOOP ZOMNG P U D 0 OF LOTS 7 LOTS DENSITY / UNITS 4.1 D U /ACRES 1 GROSS-OUTLOT A SPIRIT OF BRANDTJEN FARMS PUD DEVELOPMENT STANDARDS - LOW DENSITY RESROENTUAL Ty. SETBACKS MIN LOT MOM EIFVATNIN - 919 ASI MET (NAW 19155 BATLMI i I I ' COP�R STATE O�G� _ BDNG 5 FEET N MOM uMEM NpFATFD, ADJOWMG ,� fi NWS OMERMg LOT ONES AND EENG 10 FEET N OM LESS .—SE TO ON AREA 651-151-0071 MN TELL FREE 1-800-252-1165 M GTED ADJOMNG R,GlT OF PLAT AS 910KN Ot! 1NE 25 GROSS 1.803 ACRES LOT 1370 ACRES OUTLOTS 0 433ACRES -NTUPE DEMF2DPMENT (OUTLOT A) (0015 ACRES) I -9Max9oN aTLOTS (PJTLOT B) (03M APES) TOTAL LK/P— POLES ZOMNG P U D 0 OF LOTS 7 LOTS DENSITY / UNITS 4.1 D U /ACRES 1 GROSS-OUTLOT A SPIRIT OF BRANDTJEN FARMS PUD DEVELOPMENT STANDARDS - LOW DENSITY RESROENTUAL Ty. SETBACKS MIN LOT MOM . 60 FT FT N LO DEP. SETBACKS (..,MUMS) 30 FRGNT IARD (,,OUSE) 20 FRONT YARD (GARAGE) 25 SOS YARD I—k GARAGE) T CORNER LOT SDE STREET REAR YARD 5 20' m --'ll \\Y,/ PROJECT CONTACTS PROJECT E—EER DEVELOPER HTY ENGINEER RILES —CEA GENERAL CONMACTOR REPRESENT -VE ADDITION INDEX Tnu SHEET SITE INFORMATION PRELnCENARY PLAT PRELDNNARY GRADING M DRAINAGE PLAN EROSION &S CONTROL DETAILS PREI21@URY UTILITY PLAN DETAILS I C SERA il- r.",h.i h1�. ADDITIv�. L OUTLOT B --- ----------w7wT-A------------------ ---�-----------------------------�♦ ---- cn r -� c----� r -----i r--- ( i<J ��Ii � �[• {h I I 11 I I 1 1 II 1 I 1 V i I 3 4 L C KJ L-'-ILJ L -_-.MJ nh';.I - F21Ri' E -I CF'.:, l if , v I,el rIii vII 11 Hyl E -E, TELEM90N PEDESIM. ASPHALT SURFACE OEbSTING GRAVEL SURFACE E.STING CURB ��—EMSTNG :A wATETMNN �1 i _ FAC,. •. I � L: 1 LK/P— POLES __—E— GAS UNE 11 1 ELECTRIC LME '11, I PROFOSED CONTOIMS ,^10000 I l ' L� PROPOSED CONCRETE —AGE 4 PROPOSED El1NB PROPOSED SANITARY SEWER WATER MNN �>—f;—T-->—PROPOSED STORM SEWER 4<1 I 1 1 i p N� PROPOSED TEMPORARY ROCK 'I 11 CONSTRUC71011 ENTRANCE PROPOSED T<MPORMY S MENTA ON BASH 5 —• OPOSED SEED . MnGOT CATEGORY 3 V09ON CONTROL BLANKET �I I PROPOSED MT —a l I I 1 AFTER COMPLETION a GRADING) \ PROPOSED OB PROTECKN (TO BE IRS REMUS. PE - JAMES R NRL INC STALLED AFTER COMPLETION OF STORM SEWER) (952) (0) PROPOSED INTI BLOCKNG (A4.00T TME 3 TO Be .STALLED AFTER COMPLE— OF GRADING) 2-=690-60H (952) (M) PROPOSED .MED NTURE CURB FIC.-SBF OEVELOPLENT GOAPORATION JACOBCH (952) 322-9101 (0) CT EER EANSON P E - I—EENGN J0I (952) 985-<505 (0) +L/ JAY MAOER - .PCA ENEBAK CONSTAUCRON COMPANY MAR 12 (651) 151-25x1 (D) (612) 333-1301 10) 2010 IQ EnSTNG —1 POLE m E.STNO ELECTRCAL KEES— OEMSTNG E -E, TELEM90N PEDESIM. ASPHALT SURFACE OEbSTING GRAVEL SURFACE E.STING CURB ��—EMSTNG wATETMNN O EDSTNG SANITARY SEKER —< O "—E.— STORM SEREA EDSTING OVERHEAD POKER LK/P— POLES __—E— GAS UNE —a a—EDSTNG ELECTRIC LME '11, E]GSTWO OONTW PROFOSED CONTOIMS ,^10000 I l ' L� PROPOSED CONCRETE —AGE ���PR,-0 PROPOSED El1NB PROPOSED SANITARY SEWER WATER MNN �>—f;—T-->—PROPOSED STORM SEWER 1 ,SED -AIC III PROPOSED TEMPORARY ROCK CONSTRUC71011 ENTRANCE PROPOSED T<MPORMY S MENTA ON BASH OPOSED SEED . MnGOT CATEGORY 3 V09ON CONTROL BLANKET - - PROPOSED NERVY DUTY SLY FE NCE PROPOSED MT —a PROPOSED SAT PENCE (TO BE 1NSTAJI AFTER COMPLETION a GRADING) PROPOSED OB PROTECKN (TO BE STALLED AFTER COMPLETION OF STORM SEWER) PROPOSED INTI BLOCKNG (A4.00T TME 3 TO Be .STALLED AFTER COMPLE— OF GRADING) O PROPOSED .MED NTURE CURB N REctfT +L/ MAR 12 2010 ET SCALE N T FEEO�i'�9L�`E B 50 50 T .Mi . 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YNIESOTA LANDSCAPE PLAN PLANNERS / ENGINEERS / SURVEYORS i 'm A FINAL FOI1 ✓= n N m < SBF DEVELOPMENT CORPORATION 6600 FRANCE AVENUE SOUTH. EDINA. MW WTA 55135 2500 M Cn RD 12. SNR 120. 6NeNNlt YN 55777 PARI. (9521690.6011 FAX (952WD-6211 4 l J X ZI MYl im z t9 N -1 n nInr Ir-nI LS\r,I VV 1JL-IV g$ 9 u :OIL C 9> SPEW OF BRANDTJEN FARMS 5TH AMMON L.NMLC. WIESOTA James R. Hill Inc. VACATION SKETCH PLANNERS / ENMEERS / SURVEYORS 7a9 u� z n 6i o� m < 2300 1 Cn fm 42. 9R 124 BuruuE 0 5W7 SHF DEVEMPMENT CORPORATIONJR) b c- - -4 c C� CJ r a fl R cc ni^nn� �r--Iv I nnlr- C7 1 o C> 97.88 N00'0738 E— — g$ 9 u :OIL C 9> SPEW OF BRANDTJEN FARMS 5TH AMMON L.NMLC. WIESOTA James R. Hill Inc. VACATION SKETCH PLANNERS / ENMEERS / SURVEYORS 7a9 u� z n 6i N m < 2300 1 Cn fm 42. 9R 124 BuruuE 0 5W7 SHF DEVEMPMENT CORPORATIONJR) 1800 MR AVEMIE SDV1 EON& MM MTA SUM PHOIE. (932)890-6M{ FAX. (932}991F62N y Memorandum To: Daryl Morey, Planning Director From: Zach Johnson, Assistant City Engineer McKenzie Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Date: March 12, 2010 Subject: Spirit of Brancl jen Farm 5t' Addition • Preliminary Plat Review • Easement Vacation • Final Plat Review • Grading Plan Review • Utility Plan Review BACKGROUND City of Lakeville Engineering SBF Development Corporation has submitted a preliminary and final plat named Spirit of Brandgen Farm 5t�' Addition. The proposed subdivision is located north of 170ti' Street, west of the future extension of Diamond Path (CSAR -33) and east of the farmstead preservation area. The parent parcel consists of Outlot A, Spirit of Brandgen Farm 4t' Addition and is zoned PUD, Planned Unit Development District. The preliminary and final plat consists of seven single-family lots and two outlots on 1.80 acres. The outlots created with the final plat will have the following uses: Outlot A: H.O.A. common area/trail corridor; to be retained by the Developer (0.36 acres) Outlot B: Future residential development; to be retained by the Developer (0.08 acres) SITE CONDITIONS The Spirit of Brandlen Farm 5"' Addition site consists of vacant, undeveloped land that was previously mass graded with Spirit of Brandgen Farm improvements. 4 4. - SPIRIT OF BRANDUEN FARM S' ADDITION MARCH 12, 2010 PAGE 2 OF 8 EASEMENT VACATION A drainage and utility easement previously established across existing public storm sewer located along the east side of the farmstead preservation area extends into the parent parcel (as depicted on the Spirit of Brandtjen Farm plat). The portion of the easement that encroaches into the parent parcel will be vacated and a new drainage and utility easement will be established across Lot 1, as shown on the Spirit of Brandgen Farm 5"' Addition plat. STREET AND SITE LAYOUT Draft Horse Boulevard Spirit of Brandtjen Farm 5ti' Addition is north of and adjacent to Draft Horse Boulevard, an existing local street as identified in the City's Transportation Plan. The Developer previously dedicated 60 feet of right-of-way, consistent with the right-of-way requirement for a local street, with the Spirit of Brandgen Farm 4"' Addition plat. Draft Horse Boulevard is constructed as a 28 -foot wide two-lane undivided urban roadway with 5 -foot wide concrete sidewalks along both sides. Draft Horse Boulevard will be extended north in the future when Outlot D, Spirit of Brandtjen Farm 4th Addition and Outlot A, Spirit of Brandgen Farm 3`d Addition develop. The City reserves the right to increase the street sections at the time of construction based upon site conditions. Building permits, except one model home permit, for Spirit of Brandlen Farm 5t' Addition shall not be issued until the concrete curb and gutter and bituminous base pavement have been installed. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to Draft Horse Boulevard via 170"' Street. PARKS AND TRAILS Development of Spirit of Brandgen Farm 5th Addition will not require public trail construction. An existing 8 -foot wide bituminous trail is located within Outlot A, Spirit- of Brandtjen Farm 5th Addition. The trail is privately -owned and maintained by a management association, but is accessible to the public and provides a connection to the existing public trail along 170th Street as well as the existing private internal trail system within the Spirit of Brandt en Farm subdivision. The City's Parks, Trails and Open Space Plan does not designate any area within the proposed plat as future park land. I SPIRIT OF BRANDTIEN FARM S'" ADDITION MARCH 12, 2010 PAGE 3 OF 8 The Park Dedication requirement will be satisfied through a cash contribution that must be paid with the final plat. The Park Dedication fee, as described in the approved Spirit of Brandtjen Farm Planned Unit Development, is calculated as follows: 7 units x $2,250.00/unit = $15,750.00 Single -Family Dwelling Units Park Dedication Fee Rate Total The Developer has a $347,607.22 Park Dedication credit carried over from Spirit of Brandlen Farm 4th Addition. The $15,750.00 Park Dedication requirement for Sprit of Brandgen Farm 5th Addition will be applied to the existing Park Dedication credit. A new balance of $331,857.22 shall be applied to future phases of the Spirit of Brandgen Farm development. UTILMES SANITARY SEWER Spirit of Brandt en Farm 5th Addition is located within subdistrict NC -20070 of the North Creek sanitary sewer district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing public sanitary sewer to the MCES Lakeville Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the proposed residential development. Development of Spirit of Brandt en Farm 5th Addition will not require public sanitary sewer construction. Existing sanitary sewer services, previously installed with Spirit of Brandgen Farm 4th Addition improvements, will provide service to the proposed lots. The Sanitary Sewer Availability Charge has not been collected on the parent parcel and must be paid with the final plat. The Sanitary Sewer Availability Charge is calculated as follows: 7 units x $307.00/dwelling unit = $2,149.00 Single -Family Dwelling Units Sanitary Sewer Availability Charge Rate Total WATERMAIN Development of Spirit of Brandgen Farm 5th Addition will not require public watermain construction. Existing water services, previously installed with Spirit of Brandlen Fal 4th Addition improvements, will provide service to the proposed lots. a '. - SPIRIT OF BRANDT7EN FARM S'" ADDITION MARCH 12, 2010 PAGE 4 OF 8 Final locations and sizes of all sanitary sewer and watermain facilities shall be reviewed by City staff with the final construction plans. In association with MnOPS requirements, utility hook-ups for buildings within Spirit of Brandt en Farm 5"' Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING Spirit of Brandgen Farm 5t" Addition is located within subdistrict NC -12 of the North Creek drainage district as identified in the City's Water Resources Management Plan. The site was previously mass graded with Spirit of BranMen Farm improvements. Development of Spirit of Brandt en Farm 5t�' Addition will not require public stormwater or infiltration basin construction as the contributing drainage area generated within the site was incorporated into the design of the Spirit of Brandlen stormwater management system. Stormwater runoff generated within the site will be conveyed via existing public storm sewer to the existing public stormwater basin located near the northwest corner of the site (Outlot MM, Spirit of Brandlen Farm) before eventually discharging into the adjacent, existing public regional infiltration basin located within Outlot KK, Spirit of Brandtjen Farm. The final grading plan must identify all fill lots in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with building footings placed on fill material are appropriately constructed. Building permits shall not be issued until an as -built certified grading plan has been submitted and approved by City staff. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. STORM SEWER Development of Spirit of Brandlen Farm 5"' Addition includes only minor public storm sewer construction. Existing public storm sewer will collect and convey stormwater runoff generated from within the public right-of-way and lots to the existing public stormwater basin located near the northwest corner of the site (Outlot MM, Spirit of Brandt en Farm). The public storm sewer is located within public right-of-way and public drainage and utility easements, as depicted on the Spirit of Brandt en Farm 5t" Addition plat. Prior to City Council consideration, the Developer shall submit legal descriptions and exhibits establishing a permanent drainage and utility easement across Lot 1, Block 20, Spirit of Brandlen Farm and temporary drainage and utility " , AP SPIRIT OF BRANDUEN FARM 5T" ADDITION MARCH 12, 2010 PAGE 5 OF 8 easements across Outlot A, Spirit of Brandt en Farm 3`d Addition and Outlot D, Spirit of Brandt en Farm 4"' Addition. All easements will be recorded with the final plat. Draintile construction is required in areas of non -granular soils within Spirit of Brandgen Farm 5t' Addition for the street sub -cuts and for all lots with rear yard elevations higher than the front yard elevations. 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 with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: Gross Area of Spirit of Brandgen Farm 5t' Addition 78,536 s.f. Less Area of Outlot B (Future Development) (-) 3,248 s.f. Total = 75,288 s.f. 75,288 s.f. x $0.167/s.f. _ $12,573.10 Net Area of Spirit of Area Charge Total Brandlen Farm 5"' Addition The Developer has a $267,426.29 Trunk Storm Sewer credit carried over from Spirit of Brandgen Farm 4t' Addition. The $12,573.10 Trunk Storm Sewer Area Charge for Sprit of Brandt en Farm 5"' Addition will be applied to the existing Trunk Storm Sewer credit. A new balance of $254,853.19 shall be applied to future phases of the Spirit of Brandtjen Farm development. WETLANDS There are no existing wetlands within the Sprit of Brandtjen Farm 5ti' Addition site. TREE PRESERVATION There are no significant trees within the Sprit of Brandtjen Farm 5t' Addition site. EROSION CONTROL An erosion control plan has been submitted and includes the following: • A single rock construction entrance. • A seed and mulch specification that mets City requirements. • Inlet protection on all storm sewer structures. • Silt fence to protect offsite areas from sediment transport. • All 3:1 slopes must be seeded and stabilized with fiber blanket or sod. -4 a` " SPIRIT OF BRANDT]EN FARM S"' ADDITION MARCH 12, 2010 PAGE 6 OF 8 • The site will be re -vegetated within 48 hours of rough and final grading. • Temporary sediment basins are shown on the grading plan. • All streets shall be cleared of debris at the end of each day as identified in the erosion control notes. Street sweeping shall be done weekly or more often as needed. Additional street sweeping shall be required during the hauling process. All streets shall be maintained to provide safe driving conditions. A concrete washout area must be identified in the field and constructed per City specifications. Erosion control blankets must be installed on all stormwater basin slopes that are disturbed during construction. Silt fence or sod (36" minimum width) must be installed behind the curb following the installation of the private utilities. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. All additional measures shall be installed and maintained by the Developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer -installed improvements relating to Sprit of Brandgen Farm 5"' Addition. Construction costs are based upon estimates submitted by the Developer's engineer on March 9, 2010. CONSTRUCTION COSTS Storm Sewer Site Grading, Erosion Control, Restoration and Grading Certification SUBTOTAL - CONSTRUCTION COSTS OTHER COSTS Developer's Design (6.0%) Developer's Construction Survey (2.5%) City's Legal Expense (0.5%) City Construction Observation (7.0%) Developer's Record Drawing (0.5%) Lot Corners SUBTOTAL - OTHER COSTS $ 6,300.00 10,500.00 $ 16,800.00 $ 1,008.00 420.00 84.00 1,176.00 84.00 900.00 $ 3,672.00 TOTAL PROJECT SECURITIES $ 20,472.00 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $900.00. The City shall hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading, utilit� and street construction. A rt SPIRIT OF BRANDT7EN FARM 5"' ADDITION MARCH 12, 2010 PAGE 7 OF 8 CASH FEES A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 7 units x $6.75/unit/qtr. x 4 qtrs. = $189.00 Dwelling Units Streetlight Operating Fee Total A cash fee for one-year of surface water management expenses shall be paid with the final plat and is calculated as follows: 7 units x $6.50/unit/qtr. x 4 qtrs. = $182.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid with the final plat and is calculated as follows: 9 lots and outlots x $75.00/unit = $675.00 Lots and Outlots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The Developer has elected to provide a Letter of Credit as security for the Developer - installed improvements. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $504.00. CASH REQUIREMENTS Sanitary Sewer Availability Charge $ 2,149.00 Streetlight Operating Fee 189.00 Surface Water Management Fee 182.00 City Base Map Updating Fee 675.00 City Engineering Administration (3.00%) 504.00 TOTAL CASH REQUIREMENT $ 3,699.00 NEW BALANCE OF DEVELOPER CREDITS Park Dedication Credit $ 331,857.22 Trunk Storm Sewer Credit 254,853.19 TOTAL DEVELOPER CREDITS $ 586,710.41 **TO BE APPLIED TO FUTURE PHASES** I .' . A SPIRIT OF BRANDDEN FARM ST" ADDITION MARCH 12, 2010 PAGE 8 OF 8 RECOMMENDATION Engineering recommends approval of the preliminary plat, easement vacation, final plat, grading plan and utility plan for Sprit of Brandtjen Farm 5th Addition, subject to the comments within this report and the following: Prior to City Council consideration: • The Developer must submit a legal description and exhibit establishing a permanent drainage and utility easement across Lot 1, Block 20, Spirit of Brandlen Farm, for the conveyance of stormwater runoff. • The Developer must submit legal descriptions and exhibits establishing temporary drainage and utility easements across Outlot A, Spirit of Brandtjen Farm 3rd Addition and Outlot D, Spirit of Brandgen Farm 4th Addition, for the conveyance of stormwater runoff.