HomeMy WebLinkAboutItem 06.h
Date: Item No.
SPIRIT OF BRANDTJEN FARM 21ST ADDITION FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the
Spirit of Brandtjen Farm 21st Addition final plat, and 2) a resolution establishing no parking areas.
Overview
Tradition Development (a/k/a SBF Development Corp.) representatives are requesting approval of the
Spirit of Brandtjen Farm (SBF) 21st Addition final plat of 43 attached townhouse lots and 52 detached
townhouse lots located south of 160th Street (CSAH 46), north of 162nd Street, and east of Eagleview
Drive. This is the first phase of the SBF 21st Addition preliminary plat of 43 attached townhouse lots and
99 detached townhome lots approved by the City Council on April 1, 2019. The layout of the SBF 21st
Addition final plat is consistent with the approved preliminary plat. In conjunction with the SBF 21st
Addition final plat, a no parking resolution is required consistent with the street designs approved with
the SBF PUD.
Primary Issue to Consider
• Why are an encroachment and maintenance agreement and easement agreements included with this
final plat? The encroachment and maintenance agreement spells out the SBF homeowners association
maintenance responsibilities for the landscaping proposed within the public street rights-of-way. Also,
an easement is needed for the SBF homeowners association maintenance responsibilities for the
publicly accessible, privately maintained trails proposed within Outlots C and E, which are being
deeded to the City. Finally, a temporary grading easement is needed to allow SBF Development Corp.
to grade for the trail to be constructed within the right-of-way on the south side of 160th Street in 2020.
Supporting Information
• Final plat and no parking resolutions
• Signed development contract and PUD agreement, and the encroachment and maintenance
agreement and easement documents
• June 5, 2019 planning report and May 24, 2019 engineering report
Financial Impact: $ None Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Daryl Morey, Planning Director
June 17, 2019
Subdivision Ordinance, SBF PUD Booklet
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. __________
RESOLUTION APPROVING THE FINAL PLAT OF
SPIRIT OF BRANDTJEN FARM 21ST ADDITION
WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 21st
Addition has requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and
the Parks, Recreation and Natural Resources Committee and approved by the City
Council; and
WHEREAS, the final plat is consistent with the approved preliminary plat; and
WHEREAS, the final plat is acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The final plat of Spirit of Brandtjen Farm 21st Addition is hereby approved
subject to the development contract and planned unit development
agreement, the security requirements, and the terms and conditions of the
Spirit of Brandtjen Farm Master Planned Unit Development Stage Plan
Agreement dated October 17, 2005.
2. The Mayor and City Clerk are hereby directed to sign the final plat mylars and
to execute the development contract and planned unit development
agreement, the encroachment and maintenance agreement, the easement
agreements, and all documents required pursuant to the development
contract.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
ADOPTED by the Lakeville City Council this 17th day of June 2019.
CITY OF LAKEVILLE
BY: _______________________
Douglas P. Anderson, 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 17th day of June 2019 as shown by the
minutes of said meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO:
RESOLUTION DESIGNATING “NO PARKING” AREAS ON
161ST STREET AND DURANGO TRAIL
WHEREAS, the City Council for the City of Lakeville is authorized in accordance
with City Code to designate parking zones within the city, and
WHEREAS, the sections of 161st Street and Durango Trail will be constructed to
allow a single traffic lane in each direction with parking on one side only in Spirit of
Brandtjen Farm 21st Addition, consistent with the approved street sections in the Spirit
of Brandtjen Farm planned unit development, and
WHEREAS, establishing “No Parking” areas on 161st Street and Durango Trail
will discourage potential on-street parking, maintain sufficient access to the traffic lanes,
provide increased sight lines for drivers, and reduce the interaction between vehicles
and pedestrians.
NOW, THEREFORE, BE IT RESOLVED, that the north side of 161st Street and
the east and west sides of Durango Trail between 161st Street and 162nd Street shall be
designated “No Parking” anytime.
ADOPTED by the Lakeville City Council this 17th day of June 2019.
CITY OF LAKEVILLE
By: ________________________
Douglas P. Anderson, Mayor
ATTEST:
__________________________________
Charlene Friedges, City Clerk
1
Spirit of Brandtjen Farm 21st Addition
202304v6
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
SPIRIT OF BRANDTJEN FARM 21ST ADDITION
CONTRACT dated ____________________, 2019, 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 APPROVAL. The Developer has asked the City to approve a plat
for SPIRIT OF BRANDTJEN FARM 21ST 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 in Exhibit “A” attached hereto
and made a part hereof:
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
2
Spirit of Brandtjen Farm 21st Addition
202304v6
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
3
Spirit of Brandtjen Farm 21st Addition
202304v6
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The public 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
4
Spirit of Brandtjen Farm 21st Addition
202304v6
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 expense, have one or more City inspectors and a soil engineer inspect
the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all
instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project
management. The Developer’s engineer is responsible for design changes and contract administration
between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a
pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the
City staff, to review the program for the construction work. Within thirty (30) days after the completion of
the improvements and before the security is released, the Developer shall supply the City with a complete
set of reproducible “as constructed” plans and an electronic file of the “as constructed” plans in an
AutoCAD .DWG file or a .DXF file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
5
Spirit of Brandtjen Farm 21st Addition
202304v6
C. MnDot for Work in Right-of -Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2019, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed between August 15th and October 15th the first summer after the base
layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases and the extended completion date. Final wear course
placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
6
Spirit of Brandtjen Farm 21st Addition
202304v6
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except 3
model home permits on lots acceptable to the Building Official), the Developer shall provide the City with
an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on
file with the City and all erosion control measures are in place as determined by the City Engineer. The
7
Spirit of Brandtjen Farm 21st Addition
202304v6
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as-built certificate of survey for single family lots must
be submitted to verify that the final as-built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
A National Pollution Discharge Elimination System General Stormwater Permit for construction
activity is required by 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.
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 public improvements lying within public
easements shall become City property without further notice or action.
8
Spirit of Brandtjen Farm 21st Addition
202304v6
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3%) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City’s in-house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated
construction cost.
19. STORM SEWER. Development of Spirit of Brandtjen Farm 21st Addition includes the
construction of a public and private storm sewer system. The Developer shall install storm sewer to
collect and convey stormwater runoff generated from the streets and open space within the development.
The storm sewer will convey the runoff to the stormwater management basins located downstream of the
development. The constructed public storm sewer shall be located within public right-of-way and/or
public drainage and utility easements.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and shall be
paid with the final plat by the Developer, at the rate in effect at the time of final plat approval. The Trunk
Storm Sewer Area Charge will not be collected for the portions of Spirit of Brandtjen Farm 21st Addition
that drain directly to the Nordeast Basin.
The Trunk Storm Sewer Area Charge for the portion of Spirit of Brandtjen Farm 21st Addition that
does not drain to the Nordeast Basin shall be paid by the Developer with the final plat, calculated as
follows:
178,919.00 s.f. x $0.178/s.f. = $31,847.58
Net Area of SBF 21st Addition Trunk Storm Sewer
Area Charge
Total Required
with the final plat
9
Spirit of Brandtjen Farm 21st Addition
202304v6
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER. Spirit of Brandtjen Farm 21st Addition is located within sub-district
NC-20060 of the North Creek sanitary sewer district as identified in the City’s Comprehensive Sewer
Plan. Wastewater will be conveyed via existing trunk sanitary sewer to the MCES Farmington
Interceptor and continue to the Empire Wastewater Facility. The downstream facilities have sufficient
capacity to serve the proposed subdivision.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must be
paid with the final plat. The fee will be based on the rate in effect at the time of final plat approval,
calculated as follows:
95 units x $327.00/unit = $31,065.00
Units in SBF 21st Addition Sanitary Sewer Availability Charge Total Required with the
final plat
21. WATERMAIN. The Developer shall connect to existing 8-inch watermain stubs to provide
water service to the subdivision. The Developer shall loop the proposed dead end watermain to the
public distribution system at the end of the private roadways to provide a redundant system. The public
utilities located within the private roadways shall be constructed to City standards.
Final locations and sizes of all public sanitary sewer and watermain facilities will be reviewed by
City staff with the final construction plans.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
and street construction for Spirit of Brandtjen Farm 21st Addition shall be from a single rock construction
entrance off of Eagleview Drive at 161st Street.
23. PARKS, TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen Farm 21st
Addition includes the construction of public sidewalks and trails. The Developer shall construct five foot
(5’) wide concrete sidewalks along both sides of all streets. Publicly owned and privately maintained
trails shall be constructed by the Developer within Outlots C and E, which shall be deeded to the City
with the final plat. The Developer and the City shall enter into an easement agreement establishing the
10
Spirit of Brandtjen Farm 21st Addition
202304v6
responsibilities for the use, construction and future maintenance of the trails by the Developer and
homeowner association, in a form approved by the City, to be recorded with the final plat. The Developer
shall construct privately owned and maintained sidewalks along some of the private roadways to provide
pedestrian access to the front of the townhome lots.
The Parks, Trails, and Open Space Plan also identifies a ten foot (10’) wide bituminous trail along
the south side of 160th Street adjacent to the development. The Developer shall grade the trail berm to
the extents shown on the grading plan with the final plat improvements.
The City will construct the trail along 160th Street between Pilot Knob Road and Diamond Path in
2020. The Developer shall grant to the City a temporary grading easement prior to City Council
consideration of the final plat over Outlot F for the future removal of the berm along 160th Street to bench
grade the trail. Per the Policy in the current Dakota County Transportation Plan, the City’s share of the
trail funding shall be limited to 25%. The City will enter into a Joint Powers Agreement (JPA) for Dakota
County’s share of the trail construction costs. The Developer shall provide the City with a $31,250.00
cash escrow for its share of the trail construction costs along 160th Street with the final plat.
The Park Dedication Fee has not been collected on the parent parcels and will be required to be
collected with the final plat, calculated as follows:
52 units x $2,250.00 = $117,000.00
Detached Units in SBF 21st Addition Detached Unit Park Dedication
Rate
SBF 21st Addition Detached
Units Fee
43 units x $1,930.00 = $82,990.00
Attached Units in SBF 21st Addition Attached Unit Park Dedication
Rate
SBF 21st Addition Attached
Units Fee
$117,000.00 x $82,990.00 = $199,990.00
SBF 21st Addition Detached Units Fee SBF 21st Addition Attached
Units Fee
SBF 21st Addition Park
Dedication Fee
The remainder of the park dedication fee will be collected at the time Outlot F is final platted into
lots and blocks.
24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a $5,900.00 cash fee for traffic control signs due upon final plat approval. If the
11
Spirit of Brandtjen Farm 21st Addition
202304v6
street signs are installed during frost conditions, the developer shall pay an additional $150.00 for each
street sign location.
A cash fee for one-year of streetlight operating expenses shall be paid by the Developer at the
time of final plat approval and is calculated as follows:
95 units x $9.12/unit/qtr. x 4 qtrs. = $3,465.60
Dwelling Units Streetlight Operating
Fee
Total
25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay to the City
$5,464.40 in payment for first year environmental resources expenses for the subdivision at the time of
final plat approval. The fee is calculated as follows:
95 units x $14.38/unit/qtr. x 4 qtrs. = $5,464.40
Dwelling Units Environmental Resources Fee Total
26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches
caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be
planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side
yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
12
Spirit of Brandtjen Farm 21st Addition
202304v6
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50%) of the security will be released when all the landscaping has been installed and inspected by City
staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and
any warranty work has been completed.
Boulevard landscaping must be installed such that it does not restrict visibility to traffic control
signage. The Developer shall center boulevard trees 3½ feet from the curb and 2½ feet from the
sidewalk. In an effort to protect the sidewalk and streets, the Developer shall install root barrier adjacent
to both the curb and sidewalk. The trees must be maintained by the homeowner’s association who must
trim the trees to obtain a future branch height of 13 feet. This complies with the design standards of the
Spirit of Brandtjen Farm PUD.
The Developer shall post a security in the amount of $326,140.00 at the time of final plat approval
to ensure that the landscaping is installed in accordance with the approved plan.
27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the May 24, 2019 Engineering Report.
B. The Developer shall construct a five foot (5’) wide sidewalk along the north side of 162nd Street
adjacent to the plat with the final plat improvements.
C. The Developer shall construct five foot (5’) wide concrete sidewalks along both sides of 161st
Street with the final plat improvements.
D. Development of Spirit of Brandtjen Farm 21st Addition includes the construction of several
privately owned and maintained roadways providing driveway access to the residential lots.
The Developer shall dedicate a fifty five (55) foot wide drainage and utility easement over the
private roadways to allow for the City maintenance of the public utilities to be constructed within
the private roadways. The City shall not be responsible for any repairs (including cost) to the
private roadways due to future operation and maintenance of the public utility systems within
the easement area.
13
Spirit of Brandtjen Farm 21st Addition
202304v6
E. Structures within SBF 21st Addition are subject to the lot requirements in accordance with the
PUD Standards table on page 7.1 of the SBF PUD Booklet dated 6/20/05, except as modified
below:
Yard Structure Min.
Setback
Front Building 15ft.
Garage Door NA
Side-Corner Building 15ft.
Rear Building NA
Garage Door 25ft.
Between
Buildings
Detached
TH
Sidewall to sidewall 14ft.
Sidewall to unenclosed deck or pergola 7ft.
Attached TH 25ft.
ROW/Buildings Guest parking 15ft.
F. Documents establishing a homeowners association must be submitted to address ownership
and maintenance of private open space, private drives, trails, private utilities, private storm
sewer system, and boulevard trees, which are subject to review and approval by the City
Attorney prior to release of the final plat mylars.
G. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $10,800.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 108
lots/outlots at $100.00 per lot/outlots. The security will be held by the City until the Developer's
land surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons
for a specific lot have either been found or set prior to the issuance of a building permit for that
lot.
H. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $9,720.00.
14
Spirit of Brandtjen Farm 21st Addition
202304v6
I. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street light installation consistent with the approved plan. The estimated amount
of this security is $18,000.00 and consists of fifteen (15) post-top street lights at $1,200.00
each.
J. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
K. Spirit of Brandtjen Farm 21st Addition shall be developed consistent with the approved SBF
Master Plan and the PUD booklet dated 20 June 2005.
L. At the time of final plat, Developer shall enter into an encroachment and maintenance
agreement for trees located within the boulevards of 161st St. West, Durango Trail and 162nd
St. West to be maintained by the homeowner association, in a form approved by the City.
28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $2,331,581.82. If an alternate security is furnished,
the Developer shall also furnish a letter of credit for twenty-five percent (25%) of the alternate security
amount to cover any contract increases. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $328,397.57
B. Watermain 358,447.16
C. Storm Sewer 307,461.46
D. Street Construction 658,861.75
E. 162nd Street Sidewalk 56,680.00
15
Spirit of Brandtjen Farm 21st Addition
202304v6
E. Erosion Control, Grading Certification 62,925.00
and Restoration
CONSTRUCTION SUB-TOTAL $1,772,772.94
OTHER COSTS:
A. Developer’s Design (3.0%) $53,183.19
B. Developer’s Construction Survey (2.5%) 44,319.32
C. City Legal Expenses (Est. 0.5%) 8,863.86
D. City Construction Observation (Est. 5.0%) 88,638.65
E. Developer’s Record Drawings (0.5%) 8,863.86
F. Landscaping 326,140.00
G. Street Lights 18,000.00
H. Lot Corners/Iron Monuments 10,800.00
OTHER COSTS SUB-TOTAL $558,808.88
TOTAL SECURITIES: $2,331,581.82
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without
notice if the security is allowed to lapse prior to the end of the required term. If the required public
improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the
default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
amounts certified by the Developer's engineer shall be retained as security until all improvements have
been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City’s standard specifications for utility and street construction outline procedures for security
reductions.
16
Spirit of Brandtjen Farm 21st Addition
202304v6
29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication Fee $199,990.00
B. 160th Street Trail 31,250.00
C. Sanitary Sewer Availability Charge 31,065.00
D. Trunk Storm Sewer Area Charge 31,847.58
E. Traffic Control Signs 5,900.00
F. Street Light Operating Fee 3,465.00
G. Environmental Resources Fee 5,464.40
H. City Base Map Updating 9,720.00
I. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 53,183.19
TOTAL CASH REQUIREMENTS $371,885.17
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and
street construction identify the procedures for final acceptance of streets and utilities.
31. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
17
Spirit of Brandtjen Farm 21st Addition
202304v6
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
32. 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
18
Spirit of Brandtjen Farm 21st Addition
202304v6
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
33. 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 4 model homes on lots acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning
ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
19
Spirit of Brandtjen Farm 21st Addition
202304v6
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In the
event this Contract is recorded, the City covenants to provide a recordable Certificate of
Completion promptly upon the completion of the work and responsibilities required herein,
payment of all costs and fees required and compliance with all terms of the Contract. The
Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has accepted the
public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
20
Spirit of Brandtjen Farm 21st Addition
202304v6
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City. A copy of the endorsement must be submitted
with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
21
Spirit of Brandtjen Farm 21st Addition
202304v6
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a
Certificate of Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
22
Spirit of Brandtjen Farm 21st Addition
202304v6
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
34. 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: SBF Development Corp. 16972 Brandtjen Farm Drive, Lakeville, MN 55044.
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville
City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
23
Spirit of Brandtjen Farm 21st Addition
202304v6
CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2019, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
______________________________________________
NOTARY PUBLIC
26
Spirit of Brandtjen Farm 21st Addition
202304v6
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, which
holds:
A Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement
dated August 22, 2013, filed August 30, 2013, as Document No. 2973129, executed by Cobblestone
Lake, LLC, a Minnesota limited liability company, as mortgagor, in favor of Wells Fargo Bank, National
Association, a national banking association, as mortgagee, in the original amount of $3,400,000.00
(Includes additional land)
Amended by First Amendment to Mortgage, Security Agreement, Assignment of Lease and Rents and
Fixture Financing Statement dated September 25, 2015, filed October 1, 2015, as Document No.
3092907.
As affected by Mortgage Holder Consent to Plat filed July 21, 2017, filed September 6, 2017, as
Document No. 3211361.
AND
Amended by Second Amendment to Mortgage, Security Agreement, Assignment of Leases and Rents
and Fixture Financing Statement dated September 8, 2017, filed September 20, 2017, as Document No.
3213624.
on the subject property, the development of which is governed by the foregoing Development Contract
and Planned Unit Development Agreement, agrees that the Development Contract and Planned Unit
Development Agreement shall remain in full force and effect even if it forecloses on its mortgages.
Dated this _____ day of ____________, 2019.
27
Spirit of Brandtjen Farm 21st Addition
202304v6
WELLS FARGO BANK, NATIONAL ASSOCIATION
BY: ______________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2019,
by ___________________________________ the ___________________________________ of Wells
Fargo Bank, National Association, a national banking association, on its behalf.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
28
Spirit of Brandtjen Farm 21st Addition
202304v6
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
____________________________
Outlot L and Outlot M, SPIRIT OF BRANDTJEN FARM 18TH ADDITION, Dakota County, Minnesota,
according to the recorded plat thereof.
202479v2 1
(reserved for recording information)
ENCROACHMENT AND MAINTENANCE AGREEMENT
AGREEMENT made this _____ day of _____________, 2019, by and between the CITY
OF LAKEVILLE, a Minnesota municipal corporation (“City”), and COBBLESTONE LAKE,
LLC, a Minnesota limited liability company, (“Owner”).
1. BACKGROUND. Owner is the fee owner of certain real property located in the
City of Lakeville, County of Dakota, State of Minnesota, legally described as follows:
Lot 14, Block 1,
Lot 9, Block 2,
Lot 23, Block 3,
Lot 12, Block 4,
Lot 11, Block 5,
Lot 24, Block 6,
Lot 9, Block 7,
Outlots A, B, and D,
All in SPIRIT OF BRANDTJEN FARM 21ST ADDITION,
Dakota County, Minnesota, according to the recorded plat thereof,
(“Property”).
The City owns easements for right of way purposes located within the plat of or abutting
Spirit of Brandtjen Farm 21st Addition for 161st St. West, Durango Trail and 162nd Street West
(collectively “Easement Areas”). Owner intends to plant or cause to be planted boulevard trees in
accordance with the Landscape Plan submitted to the City as part of the development of Spirit of
202479v2 2
Brandtjen Farm 21st Addition, a copy of which is attached hereto as Exhibit A. The boulevard
trees will encroach on the City’s right of ways (“Easement Areas”).
2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
encroachment in its Easement Areas for the planting and maintenance of the boulevard trees,
subject to the conditions set forth in this Agreement. Further conditions of encroachment approval
are:
• The boulevard trees must be planted such that they do not restrict visibility to traffic control
signage.
• Owner shall center the boulevard trees 3 ½ feet from the curb and 2 ½ feet from the sidewalk.
• Owner shall install root barrier adjacent to both the curb and sidewalk.
• Owner must trim the boulevard trees to obtain a minimum future branch height of 13 feet.
• The planting of the boulevard trees does not change the grade, drainage or slopes in the
Easement Areas.
• The boulevard trees do not impede overland water flow during rain events.
• Owner shall be responsible for all costs relating to the buying and planting of all boulevard
trees.
• Owner shall be responsible for maintenance, repair, removal, or replacement of any or all
boulevard trees planted.
• The City shall have no responsibility to maintain the boulevard trees located within the
City’s Easement Areas.
The City recognizes that the Owner may convey the Property and assign its rights and
responsibilities related to the maintenance of the boulevard trees to a Homeowner Association.
Owner, its successors or assigns, shall include the terms of this Agreement in any future
Declarations that assign responsibility for the maintenance of the boulevard trees to a Homeowner
Association.
202479v2 3
3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to
encroach in the Easement Areas, Owner, for itself, its successors and assigns, hereby agrees to
indemnify and hold the City harmless from any damage caused relating to or arising out of the City
granting permission to encroach within the City’s Easement Areas for the planting and maintenance
of boulevard trees, including City’s removal of the trees within the Easement Areas, caused in whole
or in part by the encroachment into the Easement Areas.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time by giving the then owner of the Property thirty (30) days
advance written notice, except that no notice period will be required in the case of an emergency
condition as determined solely by the City and the Agreement may then be terminated
immediately. If the planted boulevard trees interfere with the use, maintenance, or repair of the
Easement Areas, Owner shall remove the interference, including trimming, cutting down or removing
any or all trees, if necessary, at Owner’s sole expense. If a boulevard tree is to be replaced, it may be
done so at Owner’s sole expense, and it shall comply with all terms of this Agreement. If the Owner
fails to do so the City may remove trees and charge the cost of removal back to the Owner for
reimbursement.
5. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Subject Property.
[remainder of page intentionally left blank]
[signature pages to follow]
CITY OF LAKEVILLE
By ___________________________________
(SEAL) Douglas P. Anderson, Mayor
202479v2 4
And __________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2019, by Douglas P. Anderson and by Charlene Friedges, respectively 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
202479v2 5
OWNER:
COBBLESTONE LAKE, LLC
By
_________________________ [print name]
Its ______________________ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2019, by _____________________________, the ________________________
of COBBLESTONE LAKE, LLC, a Minnesota limited liability company, on behalf of said
company.
_________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
202479v2 6
CONTRACT VENDEE
CONSENT TO ENCROACHMENT AND MAINTENANCE AGREEMENT
SBF DEVELOPMENT CORP., a Minnesota corporation, Contract Vendee on all or part
of the property more particularly described in the foregoing Encroachment and Maintenance
Agreement, which Contract for Deed is dated July 1, 2014, and recorded September 22, 2014, as
Document No. 3030628 and amended by the recording of an Amendment to Contract for Deed dated
January 1, 2016, and recorded June 7, 2016, as Document No. 3131471 with the office of the County
Recorder for Dakota County, Minnesota, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby join in, consent to, and subordinate its
interest in the property subject to the above referenced Encroachment and Maintenance Agreement.
SBF DEVELOPMENT CORP.:
BY: _____________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2019, by ________________________, the __________________________of SBF
Development Corp., a Minnesota corporation, on behalf of said corporation.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
202479v2 7
MORTGAGE HOLDER CONSENT
TO
ENCROACHMENT AND MAINTENANCE AGREEMENT
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association,
which holds:
A Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement
dated August 22, 2013, filed August 30, 2013, as Document No. 2973129, executed by Cobblestone
Lake, LLC, a Minnesota limited liability company, as mortgagor, in favor of Wells Fargo Bank,
National Association, a national banking association, as mortgagee, in the original amount of
$3,400,000.00 (Includes additional land)
Amended by First Amendment to Mortgage, Security Agreement, Assignment of Lease and Rents
and Fixture Financing Statement dated September 25, 2015, filed October 1, 2015, as Document No.
3092907.
As affected by Mortgage Holder Consent to Plat filed July 21, 2017, filed September 6, 2017, as
Document No. 3211361.
AND
Amended by Second Amendment to Mortgage, Security Agreement, Assignment of Leases and
Rents and Fixture Financing Statement dated September 8, 2017, filed September 20, 2017, as
Document No. 3213624.
on the subject property, the development of which is governed by the Encroachment and
Maintenance Agreement, agrees that the Encroachment and Maintenance Agreement shall remain
in full force and effect even if it forecloses on its mortgages.
Dated this _____ day of ____________, 2019.
202479v2 8
WELLS FARGO BANK, NATIONAL
ASSOCIATION
BY: ______________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2019, by ___________________________________ the
___________________________________ of Wells Fargo Bank, National Association, a
national banking association, on its behalf.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
202479v2 9
EXHIBIT “A”
[Landscape Plan]
202479v2 10
202479v2 11
202478v3
(Reserved for Recording Data)
__________________________________________________________________________
GRANT OF EASEMENTS
THIS AGREEMENT is made this _______ day of ______________, 2019, by and between
the CITY OF LAKEVILLE (the “City”), a Minnesota municipal corporation, and
COBBLESTONE LAKE, LLC, a Minnesota limited liability company (“Grantor”), a Minnesota
corporation.
RECITALS
WHEREAS, Grantor is the owner of real property within the City of Lakeville, Dakota
County, Minnesota that is included within the recorded plat of Spirit of Brandtjen Farm 21st
Addition; and
WHEREAS, development of that real property is subject to the terms of the following
agreements between the City and Developer (collectively, the “Brandtjen PUD Agreements”):
Master Planned Unit Development Stage Plan Agreement, Spirit of Brandtjen Farm, dated October
17, 2005, recorded January 20, 2006 as Document No. 2398820 in the office of the County Recorder
in and for said Dakota County, Minnesota and as Document No. 583308 in the office of the Registrar
of Titles in and for said County and the Development Contract and Planned Unit Development Final
Plan, Spirit of Brandtjen Farm, dated October 17, 2005, recorded January 20, 2006 as Document No.
2398821 in the office of said County Recorder and as Document No. 583309 in the office of said
Registrar of Titles in and for Dakota County, Minnesota; and
WHEREAS, pursuant to the terms of the Brandtjen PUD Agreements, Owner is required to
convey to the City certain real property within the Project (the “City Property”) and the City is
required to subject the City Property to certain easements in favor of Owner and others, which City
Property is located in Dakota County, Minnesota and is legally described as:
Outlots C and E, Spirit of Brandtjen Farm 21st Addition, according to the recorded plat
thereof.
202478v3
2
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants
herein contained, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the parties, Owner and the City agree as follows:
1. Recitals Incorporated. The recitals set forth above are hereby incorporated into and
made a part of this Agreement.
2. Definitions. For purposes of this Agreement:
(a) “Associations” means one or more non-profit corporation(s) serving as an
association of Owners in the Project pursuant to a Declaration.
(b) “Grantees” means Owner and its successors in title to each numbered lot in
the Project, and the Associations.
3. Grant of Permanent Easements. The City hereby grants the following easements
(collectively, the “Permanent Easements”):
a. To the Owner and Associations, a perpetual, non-exclusive appurtenant easement on,
over, under, across and through Outlots C and E, Spirit of Brandtjen Farm 21st Addition, for the
purpose of constructing maintaining, repairing and replacing publicly accessible but Association-
maintained trails, including irrigation, and landscaping for the purposes of enhancing the trails as
may be required or authorized under the Brandtjen PUD Agreements or under plans approved by the
City under the Brandtjen PUD Agreements, or as may be approved by the City upon application by
one or more of the Associations on said Outlot (the “Trails”).
b. Notwithstanding anything to the contrary contained in this Agreement, the
Permanent Easements and Grantees’ use of the City Property shall at all times be compatible with
the City’s use of the City Property for other city purposes as to Outlots C and E, Spirit of Brandtjen
21st Addition.
4. Maintenance and Restoration.
a. All maintenance, repair and replacement of the Trails shall be performed by the
Associations in a manner that causes as little disturbance to the City Property as may be practicable
under the circumstances; and any and all portions of the surface area of the City Property which may
have been excavated, damaged or otherwise disturbed as a result of such work shall be restored, at
the sole cost and expense of the Associations, to essentially the same condition as the same were in
prior to the commencement of any such work.
b. The Associations, at their sole cost and expense, shall maintain, repair and, when
necessary, replace, the Trails so that the Trails are at all times in good working order, condition and
repair, reasonable wear and tear excepted.
c. If the Associations fail to maintain, repair or replace any of the Trails such that any
of the Trails poses a serious hazard to persons or property or has significantly deteriorated, the City,
202478v3
3
at its option, may remove from the City Property the hazardous or deteriorated Trails or may
maintain, repair or replace the hazardous or deteriorated Trails, following adequate notice to the
Associations and opportunity for the Associations to take appropriate action to maintain, repair, or
replace the hazardous or deteriorated Trails; the Associations shall be responsible for all costs
incurred by the City under this subsection. The City is not obligated to take any action to maintain,
repair or replace any of the Trails under this Agreement.
5. Indemnification.
a. The Owner will indemnify, defend and hold harmless the City, its officers,
employees, contractors, agents, successors and assigns, from all claims, damages, liabilities,
penalties, fines, costs, causes of action and losses arising as a result of the use of the City Property
by Owner, its officers, employees, contractors, agents and assigns, excepting however, such claims
or damages as may be due to or caused by the negligence of the City, its agents, employees, or
invitees.
b. The Associations will indemnify, defend and hold harmless the City, its officers,
employees, contractors, agents, successors and assigns, from all claims, damages, liabilities,
penalties, fines, costs, causes of action and losses arising as a result of the use of the City Property
by Associations and their respective employees, members, invitees, contractors and assigns,
excepting however, such claims or damages as may be due to or caused by the negligence of the
City, its agents, employees, or invitees.
6. Insurance. The Owner and Associations shall maintain their own policies of public
liability insurance with regard to the use of the City Property by Owner, the Associations, their
respective officers, agents, employees, members, invitees, contractors and assigns.
7. Compliance with Applicable Laws. Owner, Grantees and Associations shall at all
times comply with all applicable laws, ordinances, rules, regulations, and codes, federal, state and
local, whether now or hereafter promulgated or enacted, in connection with Grantees’ and
Associations’ use of the City Property. At no time shall the installation, operation, or maintenance
of the Improvements and/or Trails endanger or interfere with the safety of persons or property in the
City.
202478v3
4
8. Initial Construction of Trails. Notwithstanding anything to the contrary contained in
this Agreement, Owner shall be solely responsible for constructing all Trails required by the
Brandtjen PUD Agreements.
9. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall constitute an original but all of which together shall constitute a single Agreement.
IN TESTIMONY WHEREOF, the City and Developer have signed this Agreement the
day and year first above written.
THE CITY:
CITY OF LAKEVILLE
BY:____________________________
Douglas P. Anderson, Mayor
AND____________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2019, by Douglas P. Anderson and by Charlene Friedges, the Mayor and City Clerk, respectively,
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
202478v3
5
OWNER:
COBBLESTONE LAKE, LLC
By
_________________________ [print name]
Its ______________________ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2019, by _____________________________, the ________________________
of COBBLESTONE LAKE, LLC, a Minnesota limited liability company, on behalf of said
company.
_________________________________________
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP
202478v3
6
CONTRACT VENDEE
CONSENT TO GRANT OF EASEMENTS
SBF DEVELOPMENT CORP., a Minnesota corporation, Contract Vendee on all or part
of the property more particularly described in the foregoing Grant of Easements, which Contract for
Deed is dated July 1, 2014, and recorded September 22, 2014, as Document No. 3030628 and
amended by the recording of an Amendment to Contract for Deed dated January 1, 2016, and
recorded June 7, 2016, as Document No. 3131471 with the office of the County Recorder for Dakota
County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, does hereby join in, consent to, and subordinate its interest in the property
subject to the above referenced Grant of Easements.
SBF DEVELOPMENT CORP.:
BY: _____________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2019, by ________________________, the __________________________of SBF
Development Corp., a Minnesota corporation, on behalf of said corporation.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
202478v3
7
MORTGAGE HOLDER CONSENT
TO
GRANT OF EASEMENTS
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, which
holds:
A Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing
Statement dated August 22, 2013, filed August 30, 2013, as Document No. 2973129, executed by
Cobblestone Lake, LLC, a Minnesota limited liability company, as mortgagor, in favor of Wells Fargo
Bank, National Association, a national banking association, as mortgagee, in the original amount of
$3,400,000.00 (Includes additional land)
Amended by First Amendment to Mortgage, Security Agreement, Assignment of Lease and Rents
and Fixture Financing Statement dated September 25, 2015, filed October 1, 2015, as Document
No. 3092907.
As affected by Mortgage Holder Consent to Plat filed July 21, 2017, filed September 6, 2017, as
Document No. 3211361.
AND
Amended by Second Amendment to Mortgage, Security Agreement, Assignment of Leases and
Rents and Fixture Financing Statement dated September 8, 2017, filed September 20, 2017, as
Document No. 3213624.
on the subject property, the development of which is governed by the foregoing Grant of Easements,
agrees that the Grant of Easements shall remain in full force and effect even if it forecloses on its
mortgages.
Dated this _____ day of ____________, 2019.
202478v3
8
WELLS FARGO BANK, NATIONAL ASSOCIATION
BY: ______________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2019, by ___________________________________ the
___________________________________ of Wells Fargo Bank, National Association, a
national banking association, on its behalf.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
1
202321v2
(reserved for recording information)
GRANT OF TEMPORARY 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 grading and related construction purposes over, across, on and through the
property legally described on Exhibit “A” and depicted on Exhibit “B” attached hereto (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 is final platted into
lots and blocks or deeded to the City, 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 will of the City, its successors and assigns; it being the
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.
2
202321v2
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:
COBBLESTONE LAKE, LLC
BY: ___________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of _______________,
2019, by _____________________________, the __________________________ of Cobblestone
Lake, LLC, a Minnesota limited liability company, on behalf of said limited liability company.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
3
202321v2
CONTRACT VENDEE
CONSENT TO GRANT OF TEMPORARY EASEMENT
SBF DEVELOPMENT CORP., a Minnesota corporation, Contract Vendee on all or part
of the property more particularly described in the foregoing Grant of Temporary Easement, which
Contract for Deed is dated July 1, 2014, and recorded September 22, 2014, as Document No.
3030628 and amended by the recording of an Amendment to Contract for Deed dated January 1,
2016, and recorded June 7, 2016, as Document No. 3131471 with the office of the County Recorder
for Dakota County, Minnesota, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in, consent to, and subordinate its interest in the
property subject to the above referenced Grant of Temporary Easement.
SBF DEVELOPMENT CORP.:
BY: _____________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2019, by ________________________, the __________________________of SBF
Development Corp., a Minnesota corporation, on behalf of said corporation.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
4
202321v2
MORTGAGE HOLDER CONSENT
TO
GRANT OF TEMPORARY EASEMENT
WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, which
holds:
A Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing
Statement dated August 22, 2013, filed August 30, 2013, as Document No. 2973129, executed by
Cobblestone Lake, LLC, a Minnesota limited liability company, as mortgagor, in favor of Wells Fargo
Bank, National Association, a national banking association, as mortgagee, in the original amount of
$3,400,000.00 (Includes additional land)
Amended by First Amendment to Mortgage, Security Agreement, Assignment of Lease and Rents
and Fixture Financing Statement dated September 25, 2015, filed October 1, 2015, as Document
No. 3092907.
As affected by Mortgage Holder Consent to Plat filed July 21, 2017, filed September 6, 2017, as
Document No. 3211361.
AND
Amended by Second Amendment to Mortgage, Security Agreement, Assignment of Leases and
Rents and Fixture Financing Statement dated September 8, 2017, filed September 20, 2017, as
Document No. 3213624.
on the subject property, the development of which is governed by the foregoing Grant of Temporary
Easement, agrees that the Grant of Temporary Easement shall remain in full force and effect even
if it forecloses on its mortgages.
Dated this _____ day of ____________, 2019.
5
202321v2
WELLS FARGO BANK, NATIONAL ASSOCIATION
BY: ______________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2019, by ___________________________________ the
___________________________________ of Wells Fargo Bank, National Association, a
national banking association, on its behalf.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP
6
202321v2
EXHIBIT“A”
TO
GRANT OF TEMPORARY EASEMENT
Legal Description
A temporary easement for grading and related construction purposes over, across, on under and
through the north 50.00 feet of Outlot F, and the north 30.00 feet of Lot 14, Block 1, Spirit of
Brandtjen Farm 21st Addition, according to the recorded plat thereof, Dakota County, Minnesota.
7
202321v2
EXHIBIT “B” TO GRANT OF TEMPORARY EASEMENT
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
1
MEMORANDUM
TO: Daryl Morey
FROM: D. Daniel Licht, AICP
DATE: 5 June 2019
RE: Lakeville – Spirit of Brandtjen Farm; 21st Addition Final Plat
TPC FILE: 135.01
BACKGROUND
SBF Development Corporation has submitted final plat plans for Spirit of Brandtjen Farm 21st
Addition. The final plat consists of 43 row townhouse dwelling units, 52 detached townhouse
dwelling units, 7 common area (HOA) lots, and 6 outlots located east of Eagleview Drive and
north of 162nd Street. The subject site is zoned PUD, Planned Unit Development District as
approved by the City Council on 20 June 2005. The PUD Development Stage Plan and
preliminary plat for SBF 21st Addition was approved by the City Council on 1 April 2019.
Exhibits:
A. Site Location Map
B. Approved Preliminary Plat
C. Title Sheet
D. Final Plat (4 pages)
ANALYSIS
SBF Land Use Plan. The SBF Master Land Use Plan (Page 3.4 of the SBF PUD Booklet)
designates development of the subject site for Residential Village Center abutting Eagleview
Drive with Medium Density Residential uses at 6 to 8 dwelling units per acre extending east to
the regional greenway corridor trail. The overall density of the proposed development is 6.75
dwelling units per acre, with the first phase SBF 21st Addition final plat being 7.64 dwelling units
per acre.
2
The row style townhouses proposed within the western portion of the subject site are
consistent with the land uses anticipated by the SBF Land Use Plan for high density forms of
residential land uses at the gateway into SBF. The proposed detached townhouse dwellings
provide a transitional land use between Eagleview Drive and the public elementary school to
the east. The development of row and detached townhouses are appropriate for this area
given other changes to the SBF Land Use Plan that have occurred as development progressed
through various additions.
Lot Area. The PUD Development Stage Plan approval included allowance for 4,762 square feet
of lot area per dwelling unit. The proposed number of dwelling units within the subject site has
been approved based on the key flexibilities established for the SBF PUD District for density
transfer. Allowance of the lot area per dwelling unit for the proposed development is also
appropriate in the context of an acceptable site plan that provides for a unique neighborhood
character.
Setbacks. The table below indicates the required setbacks for the proposed development as
established by the PUD Development Stage Plan approval.
Yard Structure Min.
Setback
Front Building 15ft.
Garage Door NA
Side-Corner Building 15ft.
Rear Building NA
Garage Door 25ft.
Between
Buildings
Detached
TH
Sidewall to sidewall 14ft.
Sidewall to unenclosed deck or pergola 7ft.
Attached TH 25ft.
ROW/Buildings Guest parking 15ft.
The setbacks for SBF 21st Addition are based on the site plan approved with the preliminary plat
and PUD development stage plans to provide for building forward streetscape character and to
allow the detached townhouse buildings to be shifted to one side of the unit lot line. This
offset of the detached townhouse building within the unit lot allows opportunity for outdoor
living areas to the side of the building within a larger side yard, which is a creative and efficient
use of the area between structures.
Streets. The final plat provides for 161st Street and Durango Trail as public streets extending
into the development from Eagleview Drive and 162nd Street, respectively. The plans for 161st
Street and Durango Trail are to have a 28 foot wide section within a 52 foot wide right-of-way
consistent with the design for SC.3 established by the SBF PUD Booklet and used throughout
SBF for local streets. Parking will be restricted to one side on 161st Street and Durango Trail at
the time of final plat approval.
3
Private drives within the proposed preliminary plat have two section designs that are either 20
feet or 24 feet in width. Both sections have concrete curb on each side of the private drive.
The proposed private drive section designs are consistent with the standards incorporated as
part of the SBF PUD Booklet. The proposed private drives are to be posted as fire lanes with no
parking allowed.
All street and private drive section designs are to be subject to review and approval of the City
Engineer.
Sidewalks and Trails. There is an existing five-foot wide sidewalk abutting the subject site
along Eagleview Drive. The submitted plans indicate that five-foot wide concrete sidewalks will
be constructed on the north side of 162nd Street and both sides of 161st Street and Durango
Trail at the front of the detached townhouse dwellings. The site plan also provides for a five-
foot wide concrete sidewalk from the row townhomes within Block 2 to 161st Street; between
161st Street and 162nd Street through Outlot C between the detached townhomes with Blocks 3
and 6 and to the west of Lot 1, Block 3; and between 161st Street and 162nd Street west of Lot 1,
Block 5 and between Lots 12 and 13, Block 6. A HOA maintained/publicly accessible trail is
shown within Outlot E between at the intersection of 161st Street and Durango Trail to provide
access to the regional greenway corridor.
The Parks, Trails, and Open Space Plan identifies a 10 foot wide bituminous trail along the south
side of 160th Street (CSAH 46) adjacent to the development. The Developer will be required to
grade the trail bench as shown on the grading plan submitted with the SBF 21st Addition final
plat. The City will construct the trail in 2020 on the south side of 160th Street from Pilot Knob
Road to Diamond Path in cooperation with Dakota County as described in the 24 May 2019
engineering memo.
Landscaping. A landscape plan was approved with the preliminary plat that includes street
boulevards, private drives, common open spaces, and the typical foundation plantings for the
townhouse and detached townhouse dwellings. A landscape buffer yard abutting 160th Street
(CSAH 46) consistent with previous phases of SBF is also provided for on the landscape plan,
with the plantings installed on the interior side of a 10 foot high berm. The types and sizes of
proposed plantings comply with Section 11-21-9.C of the Zoning Ordinance. The developer
must provide cost estimates for the plantings to be installed to verify compliance with the
requirements of Section 11-58-21.K.1 of the Zoning Ordinance.
Park Dedication. The final plat for SBF 21st Addition does not include dedication of land to the
City for public parks. Park dedication requirements are to be satisfied by payment of a cash fee
in lieu of land at the time of final plat approval based on the provisions of the SBF Master PUD
Agreement.
Easements. Section 10-4-4 of the Subdivision Ordinance requires 10-foot wide drainage and
utility easements at the perimeter of the base lots, which is shown on the final plat. The final
plat also provides for dedication of drainage and utility easements over all of the outlots except
4
Outlot F which will be final platted as a future phase of development. All drainage and utility
easements are subject to review and approval of the City Engineer.
Storm Water Management. The submitted plans include grading, drainage, and erosion
control plans. All grading plans are subject to review and approval by the City Engineer.
Utilities. The subject site is included within the current MUSA. Plans have been submitted for
extension of sanitary sewer and water utilities to serve the proposed SBF 21st Addition. All
utility plans are subject to review and approval of the City Engineer.
Outlots. The preliminary plat includes the following outlots:
Outlots Purpose Ownership
A, B, D Private drive HOA
C, E Publicly accessible/privately maintained sidewalk/trail City
F Future phase Developer
Homeowners Association. Documents including SBF 21st Addition as part of the SBF Master
Homeowners Association and establishing separate homeowners association provisions for the
detached townhomes are required. All homeowners association documents are subject to
review and approval by the City Attorney.
Development Agreement. The Subdivision Ordinance requires the developer to provide
construction and warranty securities for the public improvements within the final plat that are
to be outlined within a development agreement. The development agreement will be drafted
by the City Attorney and is to be executed by the applicant prior to City Council consideration of
the final plat.
Dakota County. The subject site abuts 160th Street (CSAH 46). Right-of-way for 160th Street
(CSAH 46) has been dedicated with prior final plat approvals. The proposed SBF 21st Addition
final plat has been reviewed and granted approval by the Dakota County Plat Commission.
CONCLUSION
The final plat for SBF 21st Addition final plat is consistent with the requirements of the SBF PUD
District, Zoning Ordinance, Subdivision Ordinance, and PUD Development Stage Plan and
preliminary plat. Our office and City staff recommend approval of the proposed development
subject to the conditions outlined below:
1. SBF 21st Addition shall be developed consistent with the approved SBF Master Plan, the
PUD booklet dated 20 June 2005 and the approved PUD Development Stage
Plan/Preliminary Plat.
5
2. Structures within SBF 21st Addition are subject to the lot requirements in accordance
with the PUD Standards table on page 7.1 of the SBF PUD Booklet, except as modified
below:
Yard Structure Min.
Setback
Front Building 15ft.
Garage Door NA
Side-Corner Building 15ft.
Rear Building NA
Garage Door 25ft.
Between
Buildings
Detached
TH
Sidewall to sidewall 14ft.
Sidewall to unenclosed deck or pergola 7ft.
Attached TH 25ft.
ROW/Buildings Guest parking 15ft.
3. All street construction plans shall be subject to review and approval of the City Engineer.
4. All grading, drainage and erosion control plans shall be subject to review and approval
of the City Engineer.
5. All utility plans shall be subject to review and approval of the City Engineer.
6. Park dedication requirements shall be satisfied at the time of final plat approval as
payment of a cash fee in lieu of land based on the formula established by the SBF
Master PUD Development Agreement.
7. The Developer shall grade the trail bench abutting 160th Street (CSAH 46) consistent
with the approved grading plan with the SBF 21st Addition improvements.
8. The developer shall submit cost estimates for the plantings to be installed in accordance
with the landscape plan to verify compliance with the requirements of Section 11-58-
21.K.1 of the Zoning Ordinance.
9. Outlots C and E shall be deeded to the City.
10. Homeowners Association documents for SBF 21st Addition shall be subject to review and
approval by the City Attorney.
11. The applicant shall execute a development agreement with the City as drafted by City
Attorney and subject to approval of the City Council.
6
c. Justin Miller, City Administrator
Alex Jordon, Senior Project Engineer
John Hennen, Parks and Recreation Director
Andrea McDowell Poehler, City Attorney
±
Spirit o f
Brandtjen Farm
21st Additio n
160TH ST (CS AH 46)
162ND S TEAGLEVIEWDR
DUSKWOOD TRL
D U T C H B A R N D R
159TH ST
ELMCREEKLNDUTTONLNC O B B L E STONE LAK E P K W Y
ELKHORNTRLD U R A N G O T R LDRYDENRDCity of LakevilleAerial MapSpirit of Brandtjen Farm21st AdditionFinal PlatEXHIBIT A
The bearing system is based on the
record plat of SPIRIT OF BRANDTJEN
FARM 18TH ADDITION
Outlot L and Outlot M, SPIRIT OF BRANDTJEN FARM 18TH ADDITION,
according to the recorded plat thereof, Dakota County, Minnesota
PROPERTY DESCRIPTION TYPICAL ROWHOME LOTS TYPICAL DETACH TOWNHOME LOTS
*AREA ON COMMON LOTS ARE A
TOTAL AREA OF THE COMMON
LOT AND THE LOTS IT SURROUNDS
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
∅
KNOW ALL PERSONS BY THESE PRESENTS: That Cobblestone Lake, LLC, a Minnesota limited liability
company, fee owner and SBF Development Corp., a Minnesota corporation, contract purchaser, of
the following described property:
Outlot L and Outlot M, SPIRIT OF BRANDTJEN FARM 18TH ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota
Have caused the same to be surveyed and platted as SPIRIT OF BRANDTJEN FARM 21ST ADDITION
and do hereby dedicate to the public for public use the public ways and the drainage and utility
easements as created on this plat.
In witness whereof said Cobblestone Lake, LLC, a Minnesota limited liability company, has caused
these presents to be signed by its proper officer this day of , 20 .
Cobblestone Lake, LLC
By: the
STATE OF
COUNTY OF
This instrument was acknowledged before me on , by
the of
Cobblestone Lake, LLC, a Minnesota limited liability company, on behalf of the company.
Signature
Printed
Notary Public, County,
My commission expires
In witness whereof said SBF Development Corp., a Minnesota corporation, has caused these presents
to be signed by its proper officer this day of , 20 .
SBF Development Corp.
By: the
STATE OF
COUNTY OF
This instrument was acknowledged before me on ,
by the of
SBF Development Corp., a Minnesota corporation, on behalf of the corporation.
Signature
Printed
Notary Public, County,
My commission expires
I, Marcus F. Hampton, do hereby certify that this plat was prepared by me or under my direct
supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a
correct representation of the boundary survey; that all mathematical data and labels are correctly
designated on this plat; that all monuments depicted on this plat have been or will be correctly set
within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section
505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public
ways are shown and labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me on this day of , 20 ,
by Marcus F. Hampton.
Signature
Printed
Notary Public, County,
My commission expires
CITY COUNCIL OF CITY OF LAKEVILLE, COUNTY OF DAKOTA, STATE OF MINNESOTA
This plat of SPIRIT OF BRANDTJEN FARM 21ST ADDITION was approved and accepted by the City
Council of the City of Lakeville, Minnesota at a regular meeting thereof held this day of
, 20 , and said plat is in compliance with the provisions of Minnesota
Statutes, Section 505.03, Subd. 2.
By:
Mayor Clerk
BEARINGS ARE BASED ON THE NORTH LINE OF OUTLOT L,
SPIRIT OF BRANDTJEN FARM 18TH ADDITION WHICH IS
ASSUMED TO HAVE A BEARING OF N 89°53'04" E
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND AND
MARKED BY R.L.S. NO. 47481
DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER
THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE
AND DOC NOS. 3139211, 3157300 AND 3157301
COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has
been reviewed and approved this day of , 20 .
By:
Todd B. Tollefson, Dakota County Surveyor
COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA
We do hereby certify that on the 9th day of April, 2019, the Board of Commissioners of Dakota
County, Minnesota, approved this plat of SPIRIT OF BRANDTJEN FARM 21ST ADDITION and said plat is
in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to
the Dakota County Contiguous Plat Ordinance.
By: ___________________________________ Attest: ___________________________________
Chair, Dakota County Board Dakota County Treasurer - Auditor
DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA,
STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the
land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12,
there are no delinquent taxes and transfer entered this day
of , 20 .
By:
Amy A. Koethe, Director
Department Of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of SPIRIT OF BRANDTJEN FARM 21ST ADDITION was filed in the office of
the County Recorder for public record on this day of , 20 ,
at o'clock . M. and was duly filed in Book
of Plats, Page , as Document Number .
Amy A. Koethe, County Recorder
BEARINGS ARE BASED ON THE NORTH LINE OF OUTLOT L,
SPIRIT OF BRANDTJEN FARM 18TH ADDITION WHICH IS
ASSUMED TO HAVE A BEARING OF N 89°53'04" E
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND AND
MARKED BY R.L.S. NO. 47481
DENOTES RESTRICTED ACCESS TO DAKOTA COUNTY PER
THE DAKOTA COUNTY CONTIGUOUS PLAT ORDINANCE
AND DOC NOS. 3139211, 3157300 AND 3157301
DRAINAGE AND UTILITY EASEMENTS
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
BEARINGS ARE BASED ON THE NORTH LINE OF OUTLOT L,
SPIRIT OF BRANDTJEN FARM 18TH ADDITION WHICH IS
ASSUMED TO HAVE A BEARING OF N 89°53'04" E
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND AND
MARKED BY R.L.S. NO. 47481
DRAINAGE AND UTILITY EASEMENTS
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
BEARINGS ARE BASED ON THE NORTH LINE OF OUTLOT L,
SPIRIT OF BRANDTJEN FARM 18TH ADDITION WHICH IS
ASSUMED TO HAVE A BEARING OF N 89°53'04" E
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL
BE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THIS
PLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH
IRON PIPES MARKED BY R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND AND
MARKED BY R.L.S. NO. 47481
DRAINAGE AND UTILITY EASEMENTS
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
City of Lakeville
Public Works– Engineering Division
Memorandum
To: Daryl Morey, Planning Director
From: Alex Jordan, Assistant City Engineer
McKenzie Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Jerilyn Erickson, Finance Director
Gene Abbott, Building Official
Date: May 24, 2019
Subject: Spirit of Brandtjen 21st Addition
• Final Plat Review
• Final Grading Plan Review
• Utility Plan Review
• Erosion Control Plan Review
BBAACCKKGGRROOUUNNDD
SBF Development Corporation has submitted a final plat named Spirit of Brandtjen Farm (SBF)
21st Addition. The proposed development is located south of and adjacent to 160th Street
(CSAH 46), west of Diamond Path (future CSAH 33), east of and adjacent to Eagleview Drive,
and north of and adjacent to 162nd Street. The parent parcels consist of Outlots L and M, Spirit
of Brandtjen Farm 18th Addition. The development is zoned PUD, Planned Unit Development.
The preliminary plat consists of 43 row townhome units, 52 detached townhome lots, 7
common open space lots within 7 blocks and six (6) outlots. The outlots created with the final
plat will have the following uses:
Outlot A: Private roadway; to be retained by the Developer (0.51 acres)
Outlot B: Private roadway; to be retained by the Developer (0.91 acres)
Outlot C: Privately maintained publicly accessible trail; to be deeded to the City (0.03
acres)
Outlot D: Private roadway; to be retained by the Developer 0.10 acres)
Outlot E: Privately maintained publicly accessible trail; to be deeded to the City (0.25
acres)
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 22
Outlot F: Future development; to be retained by the Developer (8.60 acres)
The proposed development will be completed by:
Developer: SBF Development Corporation
Engineer/Surveyor: James R. Hill, Inc.
SSIITTEE CCOONNDDIITTIIOONNSS
The site was previously a gravel processing operation. The gravel processing on the parent
parcels has been completed and the site encroachments have been removed.
EEAASSEEMMEENNTTSS
The following easement will expire upon final platting of the underlying outlot into lots and
blocks:
• Temporary Drainage and Utility Easement (Outlot L, SBF 18th Addition) per Doc. No.
3254383
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
160th Street (CSAH 46)
SBF 21st Addition is located south of and adjacent to 160th Street, a minor arterial County roadway
as identified in the City’s Transportation Plan. 160th Street adjacent to the site is a four-lane
divided urban roadway, with a continuous concrete center median island. Dakota County
controls the right-of-way requirements and access locations along 160th Street. The current
Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 100-feet and
designates this roadway as a future six-lane divided urban roadway over its entire length adjacent
to the plat. The widening of 160th Street is not identified in the City’s or County’s current Capital
Improvement Plans. The preliminary and final plat were reviewed and recommended for
approval by the Dakota County Plat Commission at their March 18, 2019 meeting.
162nd Street
SBF 21st Addition is located north of and adjacent to 162nd Street, a minor collector roadway as
identified in the City’s Transportation Plan. 162nd Street is constructed as a 36-foot wide two-
lane urban roadway, within 80-feet of right-of-way. A concrete median exists east of
Eagleview Drive as the approach to the existing roundabout. Access to the development will
be from an existing street stub along 162nd Street aligning with Durango Trail to the south.
The Developer shall construct a 5-foot wide concrete sidewalk along the north side of 162nd
Street adjacent to the plat with the final plat improvements. No additional right-of-way is
required with the plat.
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 33
Eagleview Drive
SBF 21st Addition is located east of and adjacent to Eagleview Drive, a minor collector roadway as
identified in the City’s Transportation Plan. Eagleview Drive is constructed as two-lane divided
urban roadway including sidewalks along both sides of the street, within 80-feet of right-of-
way. Access to the development will be from the existing 161st Street stub along Eagleview
Drive aligning with a proposed future street to the west. No additional right-of-way is
required with the plat.
161st Street/Durango Trail
Development of Spirit of Brandtjen Farm 21st Addition includes the construction of 161st
Street, a local roadway. 161st Street is designed as a 28-foot wide urban roadway with a 5-foot
wide concrete sidewalk along both sides of the street. The Developer is dedicating 52-feet of
right-of-way. 161st Street will provide a full access for the development at Eagleview Drive and
162nd Street. The street and landscaped boulevard design is consistent with the Spirit of
Brandtjen Farm Planned Unit Development Plan.
Private Roadways
Development of Spirit of Brandtjen Farm 21st Addition includes the construction of several
privately owned and maintained roadways providing driveway access to the residential lots.
The private roadways are designed as 24-foot wide urban roadways. The Developer is
dedicating a 55-foot wide drainage and utility easement over the private roadways to allow
for the City maintenance of the public utilities to be constructed within the private roadways.
The City shall not be responsible for any repairs (including cost) to the private roadways due
to future operation and maintenance of the public utility systems within the easement area.
The street and landscaped boulevard design is consistent with the Spirit of Brandtjen Farm
Planned Unit Development Plan.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction for SBF 21st
Addition shall be from a single rock construction entrance off of Eagleview Drive at 161st
Street.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
Development of SBF 21st Addition includes the construction of public sidewalks and trails. 5-
foot wide concrete sidewalks will be constructed along both sides of all streets. Privately
owned and publicly accessible trails will be constructed within Outlots C and E. Privately
owned and maintained sidewalks will be constructed along some of the private roadways to
provide pedestrian access to the front of the townhome lots.
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 44
The Parks, Trails, and Open Space Plan also identifies a 10-foot wide bituminous trail along the
south side of 160th Street adjacent to the development. The Developer shall grade the trail
bench to the extents shown on the grading plan with the final plat improvements.
The City will construct the trail along 160th Street between Pilot Knob Road and Diamond Path
in 2020. The Developer shall grant to the City a temporary grading easement prior to City
Council consideration of the final plat over Outlot F for the future removal of the berm along
160th Street to bench grade the trail. Per the Policy’s in the current Dakota County
Transportation Plan, the City’s share of the trail funding shall be limited to 25%. The City will
enter into a Joint Powers Agreement (JPA) for Dakota County’s share of the trail construction
costs. The Developer shall provide the City with a $31,250 escrow for 50% of the City’s 25%
share of the trail construction costs along 160th Street with the final plat.
The Park Dedication Fee has not been collected on the parent parcels and will be required to
be collected with the final plat, calculated as follows:
52 units x $2,250 = $117,000.00
Detached Units in
SBF 21st Addition
Detached Unit Park
Dedication Rate
SBF 21st Addition
Detached Units Fee
43 units x $1,930 = $82,990.00
Attached Units in
SBF 21st Addition
Attached Unit Park
Dedication Rate
SBF 21st Addition
Attached Units Fee
$117,000.00 x $82,990.00 = $199,990.00
SBF 21st Addition
Detached Units
Fee
SBF 21st Addition
Attached Units Fee
SBF 21st Addition
Park Dedication Fee
The remainder of the park dedication fee will be collected at the time Outlot F is final platted
into lots and blocks.
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR::
SBF 21st Addition is located within sub-district NC-20060 of the North Creek sanitary sewer
district as identified in the City’s Comprehensive Sewer Plan. Wastewater will be conveyed via
existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire
Wastewater Facility. The downstream facilities have sufficient capacity to serve the proposed
subdivision.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must
be paid with the final plat. The fee will be based on the rate in effect at the time of final plat
approval, calculated as follows:
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 55
95 units x $327.00/unit = $31,065.00
Units in SBF 21st Addition Sanitary Sewer
Availability Charge
Total Required with
the final plat
WWAATTEERRMMAAIINN::
The Developer is connecting to existing 8-inch watermain stubs to provide water service to
the subdivision. The Developer shall loop the proposed dead end watermain to the public
distribution system at the end of the private roadways to provide a redundant system.
The public utilities located within the private roadways shall be constructed to City standards.
Final locations and sizes of all public sanitary sewer and watermain facilities will be reviewed
by City staff with the final construction plans.
OOVVEERRHHEEAADD LLIINNEESS
There are no existing overhead utility lines and/or poles within the parent parcels.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
BBAACCKKGGRROOUUNNDD
Spirit of Brandtjen Farm (SBF) is a planned unit development of which development began in
2005. The proposed development encompasses nearly all of the north half of Section 1,
Township 114, Range 20 and a substantial portion of the south half of said section. The initial
stormwater modeling and drainage plan for SBF, located on the south half of Section 1, was
prepared by Westwood Professional Services. The original design consisted of a main basin,
Spirit, surrounded by six National Urban Runoff Program (NURP) basins.
The Spirit basin design did not include a gravity outlet other than infiltration. A system of
pumps was incorporated into the design to serve three functions: 1) Irrigation supply, 2)
Recirculation for water features, and 3) Drawdown, if needed. During 2008, a decision was
made to not construct the recirculation features. As a result, the proposed pumping station
was not constructed, however, the pump station draw intake line was.
As development has continued, Spirit basin appears to have adequately infiltrated all runoff
from the development without the presence of the pumping system.
A gravel processing area has been in operation on the north half of Section 1 in excess of forty
years. As part of gravel operations years ago, a series of basins was constructed as wash basins
for sand processing. The operational need for these basins ended approximately in 2013 and
a reclamation plan was prepared for the gravel processing area. As part of the reclamation
plan, the largest basin was measured and quantified, and incorporated into the reclamation
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 66
plan with intended use as a stormwater management basin. The basin is referred to as
Nordeast Basin.
PPRROOPPOOSSEEDD SSTTOORRMMWWAATTEERR MMAANNAAGGEEMMEENNTT PPLLAANN
SBF 21st Addition is located within the North Creek drainage district as identified in the City’s
Water Resources Management Plan. The plat is located within sub-districts NC-13 and NC 14-
B.
The proposed stormwater management plan is a regional plan that connects the 96 acres
within the Nordeast Basin drainage area. The proposed system utilizes the existing Nordeast
Basin for flood storage and infiltration, having peripheral National Urban Runoff Protection
(NURP) and stormwater collection systems. The pretreatment NURP basins are multi-celled.
The stormwater management system to serve SBF 21st Addition was constructed with
development of SBF 18th Addition and SBF Commercial 2nd Addition.
A National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required by 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.
SSTTOORRMM SSEEWWEERR
Development of SBF 21st Addition includes the construction of a public and private storm
sewer system. Storm sewer will be installed to collect and convey stormwater runoff
generated from the streets and open space within the development. The storm sewer will
convey the runoff to the stormwater management basins located downstream of the
development. The constructed public storm sewer shall be located within public right-of-way
and/or public drainage and utility easements.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and shall be
paid with the final plat, at the rate in effect at the time of final plat approval. The Trunk Storm
Sewer Area Charge will not be collected for the portions of SBF 21st Addition that drain
directly to Nordeast.
The Trunk Storm Sewer Area Charge for the portion of SBF 21st Addition that does not drain to
Nordeast shall be paid with the final plat, calculated as follows:
178,919 s.f. x $0.178/s.f. = $31,847.58
Net Area of SBF 21st Addition Trunk Storm Sewer
Area Charge
Total Required
with the final plat
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 77
FFEEMMAA FFLLOOOODDPPLLAAIINN AANNAALLYYSSIISS
The area of SBF 21st Addition is shown on the Flood Insurance Rate Map (FIRM) as Zone X by
the Federal Emergency Management Agency (FEMA). Based on this designation, the
development is not located within a Special Flood Hazard Area (SFHA), as determined by
FEMA.
WWEETTLLAANNDDSS
There are no wetlands within the project area.
TTRREEEE PPRREESSEERRVVAATTIIOONN
There are no significant trees within the project area.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as
developing and maintaining the SWPPP throughout construction phase. The permit requires
that all erosion and sediment BMPS be clearly outlined in a site’s SWPPP. Changes made
throughout construction should be documented in the SWPPP.
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water District. Any additional measures
required 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 Spirit of Brandtjen Farm 21st Addition. Construction costs are based
upon estimates submitted by the Developer’s engineer on March 1, 2019.
CONSTRUCTION COSTS
Sanitary Sewer $ 328,397.57
Watermain 358,447.16
Storm Sewer 307,461.46
Street Construction
162nd Street Sidewalk
658,861.75
56,680.00
Erosion Control, Grading Certification and Restoration 62,925.00
SUBTOTAL - CONSTRUCTION COSTS $ 1,772,772.94
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 88
OTHER COSTS
Developer’s Design (3.0%) $ 53,183.19
Developer’s Construction Survey (2.5%) 44,319.32
City’s Legal Expense (0.5%) 8,863.86
City Construction Observation (5.0%) 88,638.65
Developer’s Record Drawing (0.5%) 8,863.86
Landscaping 25,000.00
Street Lights 18,000.00
Lot Corners/Iron Monuments 10,800.00
SUBTOTAL - OTHER COSTS $257,668.88
TOTAL PROJECT SECURITY $ 2,030,441.82
The street light security totals $18,000 which consists of fifteen (15) post-top street lights at
$1,200 each.
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
$10,800.00. The City shall hold this security until the Developer’s Land Surveyor certifies that
all irons have been placed following site grading, street and utility construction.
CASH FEES
An $5,900 cash fee for traffic control signs is due with Spirit of Brandtjen Farm 21st Addition. If
the street signs are installed during frost conditions, the developer shall pay an additional
$150.00 for each street sign location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
95 units x $9.12/unit/qtr. x 4 qtrs. = $3,465.60
Dwelling Units Streetlight Operating Fee Total
A cash fee for one-year of environmental resources expenses shall be paid at the time of final
plat approval and is calculated as follows:
95 units x $14.38/unit/qtr. x 4 qtrs. = $5,464.40
Dwelling Units Environmental Resources Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
108 units x $90.00/unit = $9,720.00
Lots/Outlots City Base Map Updating Fee Total
SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2211SSTT AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
MMAAYY 2244,, 22001199
PPAAGGEE 99
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in either .dwg (AutoCAD) or .dxf format.
The Developer shall also pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration will be based on three percent (3.00%) of the estimated
construction cost, or $53,183.19.
CASH REQUIREMENTS
Park Dedication Fee $ 199,990.00
160th Street Trail
Sanitary Sewer Availability Charge
31,250.00
31,065.00
Trunk Storm Sewer Area Charge 31,847.58
Traffic Control Signs 5,900.00
Streetlight Operating Fee 3,465.00
Environmental Resources Fee 5,464.40
City Base Map Updating Fee 9,720.00
City Engineering Administration (3.00%) 53,183.19
TOTAL - CASH REQUIREMENTS $371,885.17
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the SBF 21st Addition final plat, grading plan, utility
plan, and erosion control plan subject to the requirements and stipulations of this report.