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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
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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.
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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
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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
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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
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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
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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:
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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
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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
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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.
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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
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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)
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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.)
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$ 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
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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.)
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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
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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'
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I TOP MIT NYORMT SOLIMEAST WAORMT OF
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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� _
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1 GROSS-OUTLOT A
SPIRIT OF BRANDTJEN FARMS PUD
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SETBACKS
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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.
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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.
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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.
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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
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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.