HomeMy WebLinkAboutItem 08
Date: Item No.
SUMMERS CREEK FINAL PLAT AND EASEMENT VACATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving
the Summers Creek final plat, and 2) a resolution approving the easement vacation.
Overview
Summergate Companies has submitted final plat and easement vacation applications and plans for
46 single family lots and 65 detached townhome lots on 92.96 acres of land located south of Dodd
Boulevard (CSAH 9), east of Highview Avenue, and west of Cedar Avenue (CSAH 23). The
Summers Creek preliminary plat of 84 single family and 127 detached townhome lots was
approved by the City Council on August 5, 2019. The Summers Creek final plat is consistent with
the approved preliminary plat.
The drainage and utility easement to be vacated was established in 2013 in conjunction with the
Dodd Boulevard (CSAH 9) and Highview Avenue roundabout construction and was in favor of
Dakota County. The easement covers a stormwater pond located south of Dodd Boulevard, just
east of the Hayes Avenue intersection. The pond was constructed with the roundabout project and
will be consolidated with the stormwater ponds in the Summers Creek development. On August
6, 2019, the Dakota County Board approved the conveyance of the easement to the City of
Lakeville.
Primary Issues to Consider
• What is the intended purpose of Outlot H?
• Why is a temporary construction easement for future 179th Street required at this time?
Supporting Information
• Staff response to Primary Issues to Consider.
• Resolution approving the Summers Creek final plat
• Resolution approving the easement vacation
• Signed development contract
• September 18, 2019 Planning and Engineering Reports (revised September 27, 2019)
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: Zoning & Subdivision Ordinances
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Associate Planner
October 7, 2019
Staff Response to Primary Issues to Consider
• What is the intended purpose of Outlot H?
Outlot H will ultimately be platted as a lot for the construction of a detached townhome.
In the interim, a temporary connection of Hamburg Avenue to existing Dodd Boulevard
will be provided in that location. Platting the future development lot as an outlot now will
make it easier for the developer to replat the outlot once the temporary street connection
is removed.
• Why is a temporary construction easement for future 179th Street required at this time?
179th Street is expected to be constructed in 2022 and temporary construction easements
will be required. By obtaining the construction easements now, the City is working with
one property owner rather than up to 13 different property owners. The temporary
construction easement will expire upon the completion of the street construction project.
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 19-______
RESOLUTION APPROVING THE FINAL PLAT OF SUMMERS CREEK
WHEREAS, the owner of the property described as SUMMERS CREEK 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 preliminary plat; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. SUMMERS CREEK final plat is approved subject to the development contract and
security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
2
ADOPTED by the Lakeville City Council this 7th day of October 2019.
CITY OF LAKEVILLE
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 7th day of October 2019 as shown by the minutes of
said meeting in my possession.
__________________________
Charlene Friedges
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 19- _______
RESOLUTION VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT
WHEREAS, the City Council has conducted a public hearing, preceded by two (2) weeks
published notice, to consider the following described public drainage and utility easement
vacation, and
WHEREAS, Dakota County has conveyed to the City the drainage and utility easement
as it will no longer be required for stormwater runoff from Dodd Boulevard (CSAH 9) with the
development of the Summers Creek plat, and
WHEREAS, the City Council has determined that it is in the public interest to approve
the drainage and utility easement vacation.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The public drainage and utility easement as described in Exhibit A is hereby vacated.
2. 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 7th day of October, 2019.
CITY OF LAKEVILLE
________________________
Douglas P. Anderson, Mayor
ATTEST:
________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. 19-_____ 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 7th day of October, 2019, as shown by the minutes of said
meeting in my possession.
________________________
Charlene Friedges, City Clerk
(SEAL)
EXHIBIT A
D&U 6, as shown on DAKOTA COUNTY ROAD RIGHT-OF-WAY MAP NO. 346, according
to the map on file and of record in the Dakota County Recorder’s Office.
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SUMMERS CREEK
CONTRACT dated ____________________, 2019, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and SUMMERGATE DEVELOPMENT, LLC, a Minnesota
limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for SUMMERS CREEK (referred to in this Contract as the "plat"). The land is situated in the County of
Dakota, State of Minnesota, and is legally described as:
All that part of the East One-Half of the Southwest Quarter, and all that part of the West
One-Half of the Southeast Quarter of Section 9, Township 114, Range 20 which lies South
of the middle line of Dodd Road, Dakota County, Minnesota.
(Abstract Property)
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
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Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
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 three (3) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For three (3) 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
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plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. 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
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Section 11-16-
7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction
activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The
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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
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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, 2020, 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, during the first summer after the
base layer of asphalt has been in place one freeze thaw cycle, except that the final wear course may be
installed between May 15th and August 15th, subject to written approval by the City Engineer. 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.
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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 may impose 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, the City may take such action as it deems appropriate to control erosion. The City
will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will
not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse
the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter
of credit to pay any costs. No development, utility or street construction will be allowed and no building
permits will be issued unless the plat is in full compliance with the approved erosion control plan.
The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as
developing a SWPPP for the site prior to construction. 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. Any additional measures required shall be installed and maintained by the Developer.
15. DRAINAGE AND 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
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surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed
on public easements or land owned by the City. The “as constructed” plan shall include field verified
elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and
elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow
areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and
all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance of building permits
until the approved certified grading plan is on file with the City and all erosion control measures are in place
as determined by the City Engineer. The Developer certifies to the City that all lots with house footings
placed on fill have been monitored and 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.
The Developer is coordinating with the VRWJPO to re-meander the existing water quality corridor
on the parent parcel. The design will be completed by the Developer and necessary review agencies
prior to final plat approval. The stream improvements will occur concurrently with the construction of
Summers Creek. The Developer is required to place Natural Area signs along the property lines of
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Outlots C and D. The Developer shall post a security in the amount of $4,500.00 with the final plat to
ensure proper installation of signs. Final locations will be identified in the field.
The final grading plan shall identify all fill lots in which the building footings will be placed on fill
material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G
specifications. The Developer shall certify to the City that all lots with footings placed on fill material are
appropriately constructed. Building Permits will not be issued until a soils report and an as-built certified
grading plan have been submitted and approved by City staff.
Summers Creek contains more than one acre of site disturbance. A National Pollution Discharge
Elimination System General Stormwater Permit for construction activity is required from the Minnesota
Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice
of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in-house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
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.
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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 Summers Creek includes the construction of public
storm sewer systems including five City owned and maintained stormwater management basins to
collect and treat the stormwater runoff generated from the site.
The Developer shall install storm sewer within the subdivision to collect and convey stormwater
runoff generated from within the public right-of-way and lots to the public stormwater management basins
located within Outlots B, C, D, E and J. The stormwater management basins will provide water quality
treatment and rate control of the stormwater runoff generated from the development. Treatment volume
from the existing stormwater management pond located south of Dodd Boulevard (CSAH 9) and east of
Hayes Avenue, is required to be incorporated into the proposed stormwater management basins.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be
paid by the Developer with the Summers Creek final plat, calculated as follows:
Trunk Storm Sewer Area Charge Summary
Gross Area of Summers Creek 4,049,488.30 s.f.
Less Area of Outlot A (Future Development) (-) 551,397.61 s.f.
Less Area of Outlot B (Stormwater Management Basin) (-) 90,207.18 s.f.
Less Area of Outlot C (Stormwater Management Basin and
VRWJPO Water Corridor)
Less Area of Outlot D (Stormwater Management Basin and
VRWJPO Water Corridor)
Less Area of Outlot E (Stormwater Management Basin)
Less Area of Outlot F (Future Development)
Less Area of Outlot G (Future Development)
Less Area of Outlot H (Future Development)
Less Area of Outlot I (Future Development)
Less Area of Outlot J (Stormwater Management Basin)
Less Area of 179th St Right-of-way
(-) 235,092.60 s.f.
(-) 200,736.33 s.f.
(-) 153,836.65 s.f.
(-) 143,283.07 s.f.
(-) 32,078.74 s.f.
(-) 4,500.00 s.f.
(-) 571,298.17 s.f.
(-) 59,323.91 s.f.
(-) 352,400.40 s.f.
Total = 2,412,154.66 s.f.
2,412,154.66 s.f. x $0.178/s.f. = $429,363.53
Net Area of
Summers Creek
Single Family
Area Charge
Total Trunk
Storm Sewer Area Charge
The Developer will receive a $47,630.00 credit to the Trunk Storm Sewer Area Charge for
conveying Outlots B, C, D, E and J to the City.
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Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER. The Developer shall extend public 8-inch sanitary sewer from
existing 8-inch sanitary sewer stubs at Hamburg Avenue and Gresford Lane to provide sanitary sewer
service to the development.
Extension of sanitary sewer through the site will allow for the removal of the temporary lift station
located on Lot 1, Block 8, Pine Grove. Removal of the lift station will require extending sanitary sewer
across Dodd Boulevard from the Summers Creek subdivision. The sanitary sewer extension and lift
station removal shall be completed by the City with the future realignment of 179th Street, anticipated in
2022. The Developer shall design the sanitary sewer to allow for the future removal of the lift station.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be
paid by the Developer with the final plat. The fee will be based on the current rate in effect at the time of
final plat approval, calculated as follows:
111 units x $327.00 = $36,297.00
Units in Summers Creek
Final Plat
2019 Sanitary Sewer
Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
21. WATERMAIN. Development of Summers Creek includes the extension of 8-inch public
watermain. Watermain shall be extended by the Developer within the development from the existing 24-
inch pipe east of the parcel and 8-inch pipes south of the parcel to provide water service to the
subdivision.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans.
22. OVERHEAD LINES. An overhead electric transmission line and poles are located on the
northeastern portion of the parcel adjacent to the existing house and farmstead. The Developer shall
remove the poles and place the utilities underground with the final plat, consistent with the City’s Public
Ways and Property Ordinance. The Developer shall post a $50,000.00 security with the final plat to
ensure the necessary removal of the overhead utilities.
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23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
and street construction shall be from a single rock construction entrance off of Dodd Boulevard (CSAH 9)
at Granby Lane, across Dodd Boulevard from 175th Street.
24. DODD BOULEVARD IMPROVEMENTS. Prior to the construction of 179th Street, there
will be an interim roadway connection from Hamburg Avenue to Dodd Boulevard (CSAH 9) to provide
access to the development from Dodd Boulevard. The Developer shall provide a $15,000.00 escrow
with the final plat to ensure proper removal and restoration of the interim roadway. The escrow amount
is based on an estimate provided by the Developer’s engineer. Prior to the issuance of Building Permits,
an east-bound right turn lane and a west-bound by-pass lane along Dodd Boulevard (CSAH 9) adjacent
to the interim roadway connection shall be constructed by the Developer at the time the interim roadway
is constructed.
Prior to the issuance of Building Permits, the Developer shall construct an east-bound right turn
lane and west-bound left turn lane on Dodd Boulevard at Hayes Avenue.
25. 179TH STREET (FUTURE CSAH 9) IMPROVEMENTS. The Developer must grade the
right-of-way area of future 179th Street to its ultimate profile to avoid future grading impacts on the
adjacent lots. The Developer shall also design the Plat’s storm sewer and stormwater management
basins with sufficient capacity to convey and treat the runoff generated from future 179th Street adjacent
to the plat. Additionally, the Developer shall grant to the City 25-foot wide temporary construction
easement with the final plat along Lot 1, Block 1; Lots 1-10, Block 2; Lot 6, Block 9; and Lot 8, Block 10;
and Outlots F and I for the future construction of 179th Street.
26. HAMBURG AVENUE IMPROVEMENTS. Development of Summers Creek includes the
construction of Hamburg Avenue a minor collector roadway. Hamburg Avenue will provide a full access
to future 179th Street. Prior to the construction of future 179th Street, a temporary roadway connection to
Dodd Boulevard (CSAH 9) shall be constructed by the Developer through 179th Street right-of-way as an
interim roadway. The Developer shall grant a temporary roadway, trail, drainage and utility easement to
the City over the interim roadway prior to the issuance of Building Permits.
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27. GRANBY LANE IMPROVEMENTS. The Developer shall provide a $22,275.31 escrow
with the final plat for the future construction of an 8-foot wide trail (east side) and a 5-foot sidewalk (west
side) along Granby Lane between Dodd Boulevard and future 179th Street. Granby Lane access from
Dodd Boulevard will be for emergency vehicles only until the future extension of Granby Lane from
Graphite Lane to future 179th Street is constructed.
Granby Lane will provide full access to future 179th Street at the time the parcel to the east is
developed. The Developer shall provide a $69,165.41 escrow for half of the cost of the future
construction of Granby Lane from Graphite Lane to 179th Street with the final plat, as a condition of the
City agreeing to relocate Granby Lane at Developer’s request such that Granby Lane cannot be fully
constructed with the plat.
South of 179th Street right-of-way, the Developer shall grade the full width of the future access to
the Central Maintenance Facility (CMF) to its finished elevation and remove any trees so as not to disturb
the adjacent future lots prior to approval of any Building Permits.
28. PARKS, TRAILS AND SIDEWALKS. Development of Summers Creek includes the
construction of public trails and sidewalks. Five-foot wide concrete sidewalks with pedestrian curb ramps
shall be constructed by the Developer along one side of all local streets. South of future 179th Street, a
five-foot wide concrete sidewalk will be constructed by the Developer along the west side of Hamburg
Avenue and an eight-foot wide bituminous trail will be constructed by the Developer along the east side
of Hamburg Avenue. The Developer shall receive an $11,436.75 credit for the City’s 3/8 share of the trail
construction along Hamburg Avenue. 10-foot wide bituminous trails will be designed along both sides of
179th Street with the future construction plans. The Developer shall provide an escrow with the final plat
for the future construction of an 8-foot wide trail (east side) and a 5-foot sidewalk (west side) along
Granby Lane between Graphite Lane and Dodd Boulevard.
The Park Dedication requirement has not been collected on the parent parcel and shall be paid
by the Developer with the final plat. The Park Dedication Fee will be based on the rate in effect at the
time of final plat approval, calculated as follows:
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111 lots x $4,294.00 = $476,634.00
Lots in Summers Creek
Final Plat
Park Dedication Fee Park Dedication Required
with Phase 1 Final Plat
29. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee to the City in the amount of $10,000.00 for traffic control signs upon final
plat approval. 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 street light operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
111 units x $36.48/unit = $4,049.28
Dwelling Units 2019 Street light Operating Fee Total
30. ENVIRONMENTAL RESOURCES EXPENSES. A cash fee for one-year of environmental
resources management expenses shall be paid by the Developer at the time of final plat approval and is
calculated as follows:
111 units x $57.52/unit = $6,384.72
Dwelling Units Environmental Resources
Management Fee
Total
31. 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
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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
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.
32. BUFFER YARD BERM/LANDSCAPE SCREEN/LANDSCAPING. 179th Street is a minor
arterial as identified in the City’s Transportation Plan. A buffer yard screen containing a combination of
earth berms and plantings of a sufficient density to provide a minimum visual screen shall be provided by
the Developer adjacent to 179th Street. Buffer yard screening is also required adjacent to the future
Central Maintenance Facility access and shall be installed by the Developer with Phase 1 of the
development.
Landscaping shall be installed by the Developer in accordance with the approved Landscape
Plan. The Developer shall post a security in the amount of $318,456.20 at the time of final plat approval
to ensure that the landscaping is installed in accordance with the approved plan.
33. WETLAND MITIGATION. Westwood conducted a wetland delineation for the site. Two
wetland areas were identified as well as a water quality corridor. The Developer shall restore the water
quality corridor with this project. There will be 0.11 acres of wetland impact with the project that will
require replacement. The replacement and restoration plan are out for review. The Developer shall not
impact wetlands within the plat until Wetland Credits have been purchased.
The Developer is responsible for the establishment and restoration of the restored channel for no
less than three years or until it is fully established. Developer shall provide a seeding and maintenance
plan for 3 years within Outlots C and D with the final plat. The Developer shall post a security in the
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amount of $20,000.00 at the time of final plat approval to ensure proper establishment and maintenance
of Outlots C and D.
34. TREE PRESERVATION. A tree preservation plan has been submitted. The plan shows
a total of 1,087 significant trees within the site. The plan proposes to save 123 trees. All “save” trees
that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision
Ordinance. Additional native trees will need to be planted by the Developer around the stormwater
basins and restored channel. The additional plantings will be required on the final plat Landscape Plan.
35. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the September 18, 2019 Planning and
Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlots B, C, D, E, G and J to
the City by warranty deed, free and clear of any and all encumbrances.
C. Development of Summers Creek includes the construction of Hayes Avenue. The Developer
shall construct an east-bound right turn and west-bound left turn lane along Dodd Boulevard at
Hayes Avenue prior to the issuance of Building Permits.
D. Lot 24, Block 2, and Lot 6, Block 5 shall have driveway access from 180th Street only. Lot 1,
Block 2, shall have driveway access from Hawksbill Drive only.
E. A barricade and “Future Street Extension” sign must be placed by the Developer at the south
terminus of Hayes Avenue, the east terminus of Hamburg Avenue, Greenwich Way, and
Grantham Lane, and the west terminus of Havana Path and 180th Street.
F. The Developer shall submit documents establishing a Homeowners Association for ownership
and maintenance of Lots 1-18, Block 6, Lots 1-4, Block 7, Lots 1-11, Block 8, Lots 1-6, Block 9,
Lots 1-8, Block 10, Lots 1-9, Block 11, and Lots 1-16, Block 12, Summers Creek, at the time of
initial final plat approval, subject to review and approval of City staff and the City Attorney.
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
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with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $12,100.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 121
lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's
land surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons
for a specific lot have either been found or set prior to the issuance of a building permit for that
lot.
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 $10,890.00.
I. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street light installation consistent with the approved plan. The estimated amount
of this security is $40,000.00 and consists of twenty four (24) post-top street lights at $1,200.00,
and eight (8) mast arm lights at $1,400.00 each.
J. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
K. The Developer shall post a $50,000.00 security with the final plat to ensure all structures, septic
systems and encroachments currently located on the property are removed, and existing wells
are properly abandoned.
L. The Developer shall post a security in the amount of $4,500.00 at the time of final plat approval
to ensure the proper installation of Natural Area Signs.
36. 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
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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 $5,646,696.35. 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 $670,974.50
B. Watermain 528,215.20
C. Storm Sewer 1,464,665.50
D. Street Construction 1,688,343.05
E. Dodd Boulevard Turn Lanes 328,458.72
E. Street and Utility Erosion Control
and Restoration 36,675.00
CONSTRUCTION SUB-TOTAL $4,717,331.97
OTHER COSTS:
A. Developer’s Design (3.0%) $141,519.96
B. Developer’s Construction Survey (2.5%) 117,933.30
C. City Legal Expenses (Est. 0.5%) 23,586.66
D. City Construction Observation (Est. 5.0%) 235,866.60
E. Developer’s Record Drawings (0.5%) 23,586.66
F. Removal of Existing Encroachments 50,000.00
G. Native Seeding and Maintenance (3yrs) within Outlots 20,000.00
C and D
H. Natural Area Signs 4,500.00
I. Landscaping 260,271.20
J. Street Lights 40,000.00
K. Lot Corners/Monuments 12,100.00
OTHER COSTS SUB-TOTAL $929,364.38
TOTAL SECURITIES: $5,646,696.35
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)
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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 as referenced in Section 38 of this Contract, 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.
37. 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 476,634.00
B. Sanitary Sewer Availability Charge 36,297.00
C. Trunk Storm Sewer Area Charge 429,363.53
D. Future Removal of Hamburg Ave Temporary Road 15,000.00
E. Future Trail/Sidewalk Escrow along Granby Lane 22,275.31
F. Future Construction of Granby Lane 69,165.41
G. Traffic Control Signs 10,000.00
H. Street Light Operating Fee 4,049.28
I. Environmental Resources Expenses 6,384.72
J. City Base Map Updating 10,890.00
K. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 141,519.96
TOTAL CASH REQUIREMENTS $1,221,579.21
CREDITS TO THE CASH REQUIREMENTS
Outlots B, C, D, E and J (Deeded to the City) (Trunk Storm Sewer) $47,630.00
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City’s 3/8 Share of Hamburg Ave Trail (Park Dedication) 11,436.75
SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS = $59,066.75
TOTAL CASH REQUIREMENTS $1,162,512.46
38. 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.
39. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
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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.
40. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
41. 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
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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
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,
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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:
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:
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• $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.
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
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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.
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.
42. 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: Summergate Development, LLC C/O Casey Wollschlager 17305 Cedar Avenue
South, Suite 200 Lakeville, MN 55044. Notices to the City shall be in writing and shall be either hand
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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.]
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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
City of Lakeville
Planning Department
Memorandum
To: Daryl Morey, Planning Director
From: Kris Jenson, Associate Planner
Date: September 18, 2019
Subject: Summers Creek Final Plat and Easement Vacation
Action Deadline: October 25, 2019
INTRODUCTION
Summergate Development has submitted a final plat application and plans for
Summers Creek, which consists of 46 single family residential lots, 65 detached
townhomes, and ten outlots on 92.96 acres of land located south of Dodd Boulevard
(CSAH 9), west of Cedar Avenue (CSAH 23), and east of Highview Avenue (Exhibit A).
The preliminary plat was approved by the City Council on August 5, 2019. The lot,
block, and street design of the Summers Creek final plat is consistent with the
approved preliminary plat. The final plat plans have been reviewed by Engineering
and Parks and Recreation staff.
EXHIBITS
A – Aerial Photo Map
B – Approved Preliminary Plat (3 pages)
C – Final Plat (5 pages)
D – Grading Plan (5 pages)
E – Dakota County Plat Commission letter dated September 4, 2019
F – Easement Vacation sketch
PLANNING ANALYSIS
FINAL PLAT
Zoning. The site is divided into two zoning districts. The west half of the property is
zoned RS-4, Single Family Residential Development. Single family homes are a
permitted use within the RS-4 District. The east half of the property is zoned RM-1,
Medium Density Residential District. Detached townhomes are a permitted use within
the RM-1 District. A zoning map amendment was approved with the preliminary plat
to change the zoning in the northeast corner of the site from C-3, General Commercial
2
District and O-R, Office/Residential Transition District to RM-1. The zoning map
amendment goes into effect upon the recording of the Summers Creek final plat.
Existing Conditions. The development site consists of one parcel. The use on the
property has been primarily undeveloped agricultural land as well as a house, garage,
outbuilding, well, and septic on the property, which must be removed with the
development of the site.
Density. The Summers Creek final plat consists of 46 single family lots and 65
detached townhomes on 92.96 acres. This results in a gross density of 1.19 units per
acre. Excluding the future 179th Street right of way, creek, wetlands and wetland buffer
areas, the stormwater pond, and the future development area, the net density is 2.95
units per acre.
SINGLE FAMILY LOT REQUIREMENTS
Lots. The Summers Creek final plat consists of 46 single family lots on five blocks. The
lots within Summers Creek will be subject to the lot area and width requirements of
the RS-4 District zoning.
The lot area and width requirements for the proposed RS-4 District lots in the
Summers Creek final plat are as follows:
Lot Area
(Interior)
Lot Area
(Corner)
Lot
Width
(Interior)
Lot
Width
(Corner)
Lot Width
(Abutting
179th St)
Lot Depth
(Abutting
179th Street)
RS-4 8,400 s.f. 10,200 s.f. 70 feet 85 feet 95 feet 150 feet
All 46 single family lots in the final plat meet the RS-4 District lot area, width, and
depth requirements.
Setbacks. The setback requirements for the RS-4 District lots in the Summers Creek
final plat are as follows:
Front Yard Side Yard
(Interior)
Side Yard
(Corner)
Side Yard
(Buffer)
Rear
Yard
Rear Yard
(Buffer)
RS-4 20 ft. (house)
25 ft. (garage)
7 feet 20 feet 30 feet 30 feet 50 feet
The proposed house pads shown on the Summers Creek grading and drainage plan
indicate that all 46 single family lots in the final plat meet the RS-4 District building
setback requirements.
DETACHED TOWNHOME DEVELOPMENT STANDARDS
Lot Requirements. The following minimum requirements for detached townhome
building setbacks in the RM-1 District pertain to the Summers Creek final plat:
3
Base Lot Between Buildings
(Detached Units)
Front Yard
(to ROW)
RM-1 30 feet 14 feet 20 ft. (front)
25 ft. (garage)
The proposed unit lots shown on the Summers Creek final plat have sufficient area to
accommodate detached units. A homeowner’s association will be required to be
established for ownership and maintenance of Lots 1-18, Block 6, Lots 1-4, Block 7,
Lots 1-11, Block 8, Lots 1-6, Block 9, Lots 1-8, Block 10, Lots 1-11, Block 11, and Lots 1-
16, Block 12.
The RM-1 District requires at least 5,000 square feet of lot area per unit. The Summers
Creek final plat has an average of 7,245 square feet per unit for the detached
townhomes area, which exceeds the minimum lot area per unit requirements of the
RM-1 District.
Phasing. The Summers Creek final plat will be developed in two phases.
Outlots. There are ten outlots totaling 47.29 acres in the Summers Creek final plat.
Outlot A is 12.66 acres and will be retained by the developer for future development.
Outlot B is 2.07 acres and will be deeded to the City with the final plat as a stormwater
management pond.
Outlot C is 5.81 acres and will be deeded to the City with the final plat as a creek,
wetland complex, and stormwater management pond.
Outlot D is 4.61 acres and will be deeded to the City with the final plat as a creek,
wetland complex, and stormwater management pond.
Outlot E is 3.53 acres and will be deeded to the City with the final plat as a wetland
complex and a stormwater management pond.
Outlot F is 3.29 acres and will be retained by the developer for future development.
Outlot G is 0.74 acres and will be deeded to the City with the final plat for future
development purposes.
Outlot H is 0.10 acres and will be retained by the developer for future development.
Outlot I is 13.12 acres and will be retained by the developer for future development.
Outlot J is 1.36 acres and will be deeded to the City with the final plat as a stormwater
management pond.
Streets. The following is a summary of streets proposed with the Summers Creek final
plat. Additional detailed information is outlined in the Engineering Division
memorandum dated September 18, 2019.
Dodd Boulevard (CSAH 9) – Dodd Boulevard is an existing minor arterial roadway that is
north of and adjacent to the Summers Creek final plat. No additional right of way is
required to be dedicated with the final plat. The ultimate plan for Dodd Boulevard is
4
that it will be re-located along the 179th Street alignment through the Summers Creek
plat.
179th Street (Future CSAH 9) – 179th Street is a future minor arterial roadway that will be
located through the Summers Creek final plat. The Dakota County Plat Needs Map
indicates that the right of way requirement for future 179th Street is 150 feet. The
required right of way is shown to be dedicated on the plat. 179th Street is designated
as a future county roadway.
Hamburg Avenue – Hamburg Avenue will be a 40 foot wide minor collector street.
South of 179th Street, there will be an 80 foot right of way with a 5 foot concrete
sidewalk on the west side of the street and an 8 foot wide trail on the east side of the
street. North of 179th Street there will be a 60 foot right of way. Hamburg Avenue will
provide a full access to 179th Street. Prior to the construction of 179th Street, a
temporary street connection will be provided to Dodd Boulevard. A “Future Street
Extension” sign and barricades will be placed at the east end of the street until it is
extended in the future.
Granby Lane – Granby Lane will be a 40 foot wide minor collector street constructed
within a 100-foot-wide right-of-way. Only the portion between Dodd Boulevard and
Graphite Lane will be constructed at this time. The developer will be required to
provide an escrow for the future construction of a 5 foot sidewalk on the west side and
an 8 foot wide trail on the east side. Access to Granby Lane from Dodd Boulevard will
be restricted to emergency vehicles only until the future extension of Granby Lane
from Graphite Lane to 179th Street is constructed.
Graphite Lane – Graphite Lane will be a 32 foot wide residential street constructed
within a 60-foot-wide right-of-way with a 5-foot-wide concrete sidewalk along one
side of the street.
Gresford Lane – Gresford Lane will be a 32 foot wide residential street constructed
within a 60-foot-wide right-of-way with a 5-foot-wide concrete sidewalk along one
side of the street. The street will be extended from its current terminus in the Avonlea
development to the south.
Greenwich Way – Greenwich Way will be a 32 foot wide residential street constructed
within a 60-foot-wide right-of-way with a 5-foot-wide concrete sidewalk along one
side of the street. A “Future Street Extension” sign and barricades will be placed at the
east end of the street until it is extended in the future.
Grantham Lane – Grantham Lane will be a 32 foot wide residential street constructed
within a 60-foot-wide right-of-way with a 5-foot-wide concrete sidewalk along one
side of the street. A “Future Street Extension” sign and barricades will be placed at the
east end of the street until it is extended in the future.
180th Street – 180th Street will be a 32 foot wide residential street constructed within a
60-foot-wide right-of-way with a 5-foot wide concrete sidewalk along one side of the
street. Lot 24, Block 2 and Lot 6, Block 5 shall have driveway access only from 180th
Street. A “Future Street Extension” sign and barricades will be placed at the west end
of the street until it is extended in the future.
5
Hayes Avenue – Hayes Avenue will be a 32 foot wide residential street constructed
within a 60-foot-wide right-of-way with a 5-foot wide concrete sidewalk along one
side of the street. A “Future Street Extension” sign and barricades will be placed at the
south end of the street until it is extended in the future.
Hawksbill Drive – Hawksbill Drive will be a 32 foot wide residential street constructed
within a 60-foot-wide right-of-way with a 5-foot wide concrete sidewalk along one
side of the street. Lot 1, Block 2 shall have driveway access only from Hawksbill Drive.
Havana Path – Havana Path will be a 32 foot wide residential street constructed within
a 60-foot-wide right-of-way with a 5-foot wide concrete sidewalk along one side of the
street. A “Future Street Extension” sign and barricades will be placed at the west end
of the street until it is extended in the future.
Plat Commission. The Dakota County Plat Commission reviewed and approved the
final plat at their September 4, 2019 meeting. The Plat Commission letter is included as
Exhibit E.
Sidewalks/Trails. The developer will construct five-foot-wide concrete sidewalks on
one side of all local streets. South of 179th Street, a five-foot-wide sidewalk will be
constructed on the west side of Hamburg Avenue with an eight-foot-wide bituminous
trail constructed on the east side. Ten foot wide trails are planned for both sides of
future 179th Street. For Granby Lane south of Graphite Lane, the Developer is required
to provide an escrow with the final plat for the future construction of a five foot wide
sidewalk on the west side and an eight foot wide bituminous trail on the east side of
the street.
Residential Buffer Yard Requirements. Eleven single family lots abut existing Dodd
Boulevard (CSAH 9) and require increased buffer yard lot sizes and setbacks as shown
on the Summers Creek final plat. Dodd Boulevard is classified as a minor arterial in the
Comprehensive Transportation Plan. The developer is proposing to plant a mix of
evergreen and overstory trees with shrubs to meet the buffer yard landscaping
requirements. A security of $318,456.20 is required to guarantee installation of the
landscaping.
Park Dedication. Park dedication for the Summers Creek final plat will be satisfied
through payment of the Park Dedication Fee with the final plat. See the September 18,
2019 engineering memo for more information.
Tree Preservation. There are 1,087 significant trees located within the Summers
Creek final plat boundaries, 123 (11.3%) of which are proposed to be saved.
Wetlands. The Summers Creek final plat contains wetlands and a water quality
corridor that are proposed to be preserved within Outlots C, D and E. Further
information on the wetland is included within the engineering report.
Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage,
erosion control, and utilities for the Summers Creek final plat are shown on the
grading, drainage and erosion control and utility plans. All existing and new local
utilities shall be placed underground.
6
Grading, drainage, erosion control, and utilities details are outlined in the September
18, 2019 engineering report prepared by Christina Orlowsky, Project Engineer and Mac
Cafferty, Environmental Resources Manager.
Subdivision Identification Sign. The developer is not proposing a subdivision
identification sign within this final plat.
EASEMENT VACATION
In 2013, a roundabout was constructed at the intersection of Dodd Boulevard (CSAH 9)
and Highview Avenue as well as the reconstruction of Dodd Boulevard east and west
of the roundabout. As part of the reconstruction project, Dakota County purchased a
drainage and utility easement from Cities Properties, LLLP, for the purposes of a
stormwater pond. With the development of the Summers Creek plat, the pond is no
longer required and the easement must be vacated. On August 13, 2019, the Dakota
County Board of Commissioners voted to convey the drainage and utility easement to
the City of Lakeville.
RECOMMENDATION
The Summers Creek final plat and easement vacation are consistent with the approved
preliminary plat and comply with the requirements of the Zoning and Subdivision
Ordinances. Planning Department staff recommends approval of the Summers Creek
final plat subject to the following stipulations:
1. The recommendations listed in the September 18, 2019 engineering report.
2. Outlots B, C, D, E, G, and J shall be deeded to the City with the final plat.
3. The developer shall construct five-foot wide concrete sidewalks along one side of
Hamburg Avenue, Granby Lane, Graphite Lane, Gresford Lane, Greenwich Way,
Grantham Lane, 180th Street, Hayes Avenue, Hawksbill Drive, and Havana Path. On
Hamburg Avenue (south of future 179th Street) and Granby Lane, the developer
shall also construct an eight foot wide bituminous trail on the east side of both
streets.
4. Lot 24, Block 2 and Lot 6, Block 5 shall have driveway access from 180th Street only.
Lot 1, Block 2 shall have driveway access from Hawksbill Drive only.
5. A barricade and “Future Street Extension” sign must be placed at the south
terminus of Hayes Avenue, the east terminus of Hamburg Avenue, Greenwich Way,
and Grantham Lane, and the west terminus of Havana Path and 180th Street.
6. Buffer yard landscaping shall be installed consistent with the approved landscape
plan. A $318,456.20 security shall be submitted to guarantee installation of the
approved landscaping.
±
Summer's Creek
Final Plat
D O D D B L V D (C SAH 9 )
GLACIER WAY
Summer's Creek
Final plat,
Easement Vacation
City of Lakeville
Aerial Map
EXHIBIT A
175TH ST
G REENGABL
ES
T
RLHAYESAVE
HAMBURGAVE
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Dakota County Surveyor’s Office
Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124
952.891-7087 Fax 952.891-7127 www.co.dakota.mn.us
September 4, 2019
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: SUMMERS CREEK
The Dakota County Plat Commission met on September 4, 2019, to consider the final plat of the above
referenced plat. The plat is adjacent to CSAH 9 (Dodd Blvd.) and future Dodd Blvd./179th Street, and is
therefore subject to the Dakota County Contiguous Plat Ordinance.
The proposed plat includes a revised alignment of future Dodd Blvd/179th Street. The future right-of-way
needs for a future 4-lane divided roadway are 75 feet of half right of way. The plat is dedicating 150 feet for
future 179th Street West (future County Road). No additional right of way is required along existing CSAH 9
with the plan for a future turnback to the City and vacation of portions of CSAH 9, located west of 175th
Street to the new right of way of future Dodd Blvd/179th Street realignment.
Current access to the development will be from the south with a temporary access at Hamburg Avenue and
existing CSAH 9. Restricted access should be shown along all the future 179th Street, except for Outlot E and
the street connections as shown on the plat.
As noted, the existing CSAH 23/CSAH 9 intersection will be a restricted access location in the future with the
realignment of 179th Street/Dodd Blvd. and turnback of portions of Dodd Blvd. to the City.
The Plat Commission has approved the final plat provided that the described conditions are met and will
recommend approval to the County Board of Commissioners. A quit claim deed to Dakota County for
restricted access is required with the recording of the plat mylars.
Traffic volumes on CSAH 9 and Future 79th Street are 16,500 ADT and unknown, respectively, and are
anticipated to be 20,000 ADT and unknown by the year 2030. These traffic volumes indicate that current
Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential
developments along County highways commonly result in noise complaints. In order for noise levels from
the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer
areas, and other noise mitigation elements should be incorporated into this development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the permitting
process which reviews the design and may require construction of highway improvements, including, but not
limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc.
Please contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson
regarding Plat Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
c: Gary Wollschlager, Summergate
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Kris Jenson, Associate Planner
From: Christina Orlowsky, Project Engineer
McKenzie L. Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Jerilyn Erickson, Finance Director
Gene Abbott, Building Official
Date: September 18, 2019; Revised September 27, 2019
Subject: Summers Creek
• Final Plat Review
• Final Grading and Erosion Control Plan Review
• Final Utility Plan Review
• Final Tree Preservation Plan Review
BBAACCKKGGRROOUUNNDD
Summergate Companies has submitted a final plat named Summers Creek. This is the first
phase of the Summers Creek preliminary plat approved by the City Council at their August 5,
2019 meeting. The proposed subdivision is located west of Cedar Avenue (CSAH 23), south of
and adjacent to Dodd Boulevard (CSAH 9), and east of Highview Avenue. The parent parcel
consists of one metes and bounds parcel (PID 220090053010).
The final plat consists of 46 single family lots, 65 detached townhome lots, seven common
HOA lots, within 12 blocks, and 10 outlots on 92.96 acres. The Developer is dedicating 8.09
acres as 179th Street (future CSAH 9) right-of-way.
The outlots created with the final plat shall have the following use:
Outlot A: Future Development; to be retained by the Developer (12.66 acres)
Outlot B: Stormwater management basin; to be deeded to the City (2.07 acres)
Outlot C: Stormwater management basin and VRWJPO Water Quality Corridor; to be
deeded to the City (5.81 acres)
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Outlot D: Stormwater management basin and VRWJPO Water Quality Corridor; to be
deeded to the City (4.61 acres)
Outlot E: Stormwater management basin; to be deeded to the City (3.53 acres)
Outlot F: Future Development; to be retained by the Developer (3.29 acres)
Outlot G: Future Development; to be deeded to the City (0.74 acres)
Outlot H: Future Development; to be retained by the Developer (0.10 acres)
Outlot I: Future Development; to be retained by the Developer (13.12 acres)
Outlot J: Stormwater management basin; to be deeded to the City (1.36 acres)
The proposed development will be completed by:
Developer: Summergate Development Inc.
Engineer/Surveyor: Westwood Professional Services, Inc.
SSIITTEE CCOONNDDIITTIIOONNSS
The Summer’s Creek site primarily consists of undeveloped agricultural land with wooded
areas and a wetland/water quality corridor that roughly bisects the site from the northwest to
the southeast. There is an existing house and farmstead, fence, sheds, well and septic on the
site that must be removed with the development of the site. The Developer began mass
grading the site in September through the issuance of a grading permit application following
City Council approval of the preliminary plat.
The Developer shall post a $50,000 security with the final plat to ensure that all structures,
septic systems, and encroachments are removed, and the wells are properly abandoned.
EEAASSEEMMEENNTTSS
The parent parcel contains the following easements to remain with the plat.
• Permanent easement for public roadway purposes in favor of the City, per Doc. No.
1663539
• Temporary and permanent easements for public watermain purposes in favor of the
City, per Doc. No. 2396879
• Highway easement in favor of Dakota County, per Doc. No. 2960123
The following easement must be vacated prior to recording the final plat:
• Permanent drainage and utility easement (per Doc. No. 2960124) in favor of the City of
Lakeville, per Doc. No. 3321716
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Dodd Boulevard (CSAH 9)
Summers Creek is located south of and adjacent to Dodd Boulevard, a minor arterial County
highway, as identified in the City’s Transportation Plan. Dodd Boulevard is currently under the
jurisdiction of Dakota County, and will ultimately be turned-backed to the City following the
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construction of 179th Street through the parent parcel as identified in the Dakota County East-
West Corridor Preservation Study completed in 2006.
Prior to the construction of 179th Street, there will be an interim roadway connection from
Hamburg Avenue to Dodd Boulevard (CSAH 9) to provide access to the development from
Dodd Boulevard. The Developer shall provide a $15,000.00 escrow with the final plat to
ensure proper removal and restoration of the interim roadway. The escrow amount is based
on an estimate provided by the Developer’s engineer. Prior to the issuance of Building
Permits, an east-bound right turn lane and a west-bound by-pass lane along Dodd Boulevard
(CSAH 9) adjacent to the interim roadway connection are required to be constructed at the
time the interim roadway is constructed.
Prior to the issuance of Building Permits, the Developer shall construct an east-bound right
turn lane and west-bound left turn lane on Dodd Boulevard at Hayes Avenue.
The current Dakota County Plat Review Needs Map indicates a 75-foot wide half right-of-way
requirement. No additional right-of-way dedication is required with the final plat. The final
plat was reviewed and recommended for approval by the Dakota County Plat Commission at
its September 4, 2019 meeting.
179th Street (Future CSAH 9)
Development of Summer’s Creek includes the dedication of the full right-of-way for the future
realignment of 179th Street/Dodd Boulevard (CSAH 9), a minor arterial highway, as identified
in the City’s Transportation Plan. 179th Street is designated as a future County Roadway, as
identified in the Dakota County East-West Corridor Preservation Study completed in 2006.
The current Dakota County Plat Review Needs Map indicates a 150-foot wide right-of-way
requirement and designates this roadway as a four-lane divided roadway over its entire
length adjacent to the plat. The Developer is dedicating the necessary right-of-way, as shown
on the final plat. 179th Street is programmed to be constructed as a future County/City
project in 2022 in the City and County’s draft 2020-2024 Capital Improvement Plan.
The Developer must grade the right-of-way area of future 179th Street to its ultimate profile to
avoid future grading impacts on the adjacent lots. The Developer shall also design the plat’s
storm sewer and stormwater management basins with sufficient capacity to convey and treat
the runoff generated from future 179th Street adjacent to the plat. Additionally, the Developer
shall grant to the City 25-foot wide temporary construction easements with the final plat
along Lot 1, Block 1; Lots 1-10, Block 2; Lot 6, Block 9; and Lot 8, Block 10; and Outlots F and I
for the future construction of 179th Street.
Hamburg Ave
Development of Summer’s Creek includes the construction of Hamburg Avenue a minor
collector roadway. South of 179th Street right-of-way, Hamburg Avenue is designed as a 40-
foot wide roadway within an 80-foot right-of-way with a 5-foot concrete sidewalk on the west
side and 8-foot wide bituminous trail along the east side of the roadway. North of 179th Street
right-of-way, Hamburg Avenue is designed as a 40-foot wide roadway within a 60-foot right-
of-way.
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Hamburg Avenue will provide a full access to future 179th Street. Prior to the construction of
future 179th Street, a temporary roadway connection to Dodd Boulevard (CSAH 9) will be
constructed through 179th Street right-of-way as an interim roadway. A temporary roadway,
trail, drainage and utility easement is required over the interim roadway prior to the issuance
of Building Permits.
Granby Lane
Development of Summer’s Creek includes the construction of Granby Lane, a minor collector
roadway. The roadway is designed as a 40-foot wide, two-lane urban roadway. The Developer
shall provide an $22,275.31 escrow with the final plat for the future construction of an 8-foot
wide trail (east side) and a 5-foot sidewalk (west side) along Granby Lane between Dodd
Boulevard and future 179th Street. Granby Lane access from Dodd Boulevard will be for
emergency vehicles only until the future extension of Granby Lane from Graphite Lane to
future 179th Street is constructed.
Granby Lane will provide full access to future 179th Street at the time the parcel to the east is
developed. The Developer shall provide an $69,165.41 escrow for half of the cost of the future
construction of Granby Lane from Graphite Lane to 179th Street with the final plat.
South of 179th Street right-of-way, the Developer shall grade the full width of the future
access to the Central Maintenance Facility (CMF) to its finished elevation and remove any
trees so as not to disturb the adjacent future lots prior to approval of any Building Permits.
Grantham Lane, Greenwhich Way, Havana Path and 180th Street
Development of Summers Creek includes the construction of Grantham Lane, Greenwhich
Way, Havana Path and 180th Street all local roadways. The local roadways are designed as 32-
foot wide, two-lane urban roadways with 5-foot wide concrete sidewalks along one side of
each street. The Developer shall install future street extension signs at the end of each of the
roadways. The Developer is dedicating 60-feet of right-of-way along the entire length of the
local roadways.
Graphite Lane
Development of Summers Creek includes the construction of Graphite Lane, a local roadway.
The local roadway is designed as a 32-foot wide, two-lane urban roadway with a 5-foot wide
concrete sidewalk along south side of the street. Graphite Lane will provide a connection to
Granby Lane. A temporary cul-de-sac will not be required at the east end of Graphite Lane, as
Granby Lane will be used for snow storage and allow for necessary turnaround of
maintenance vehicles. The Developer is dedicating 60-feet of right-of-way along the entire
length of the local roadway.
Gresford Lane
Development of Summers Creek includes the construction of Gresford Lane a local roadway.
The local roadway is designed as a 32-foot wide, two-lane urban roadway with a 5-foot wide
concrete sidewalk along west side of the street. Gresford Lane will be extended from its
current terminus in the Avonlea development to the south. The Developer is dedicating 60-
feet of right-of-way along the entire length of the local roadway.
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Hayes Avenue
Development of Summers Creek includes the construction of Hayes Avenue, a local roadway.
Hayes Avenue is designed as a 32-foot wide, two-lane urban roadway with a 5-foot wide
concrete sidewalk along the east side of the street. Hayes Avenue will provide a full access to
Dodd Boulevard. The Developer shall construct an east-bound right turn and west-bound left
turn lane along Dodd Boulevard at Hayes Avenue prior to the issuance of Building Permits.
The Developer is dedicating 60-feet of right-of-way along the entire length of the local
roadway.
Hawksbill Drive
Development of Summers Creek includes the construction of Hawksbill Drive, a local
roadway. Hayes Avenue is designed as a 32-foot wide, two-lane urban roadway with a 5-foot
wide concrete sidewalk along one side of the street. The Developer is dedicating 60-feet of
right-of-way along the entire length of the local roadway.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction shall be from
a single rock construction entrance off of Dodd Boulevard (CSAH 9) at Granby Lane, across
Dodd Boulevard from 175th Street.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
Development of Summers Creek includes the construction of public trails and sidewalks. Five-
foot wide concrete sidewalks with pedestrian curb ramps will be constructed along one side
of all local streets. South of future 179th Street, a five-foot wide concrete sidewalk will be
constructed along the west side of Hamburg Avenue and an eight-foot wide bituminous trail
will be constructed along the east side of Hamburg Avenue. The Developer shall receive a
$11,436.75 credit for the City’s 3/8 share of the trail construction along Hamburg Avenue. 10-
foot wide bituminous trails will be designed along both sides of 179th Street with the future
construction plans. The Developer shall provide an escrow with the final plat for the future
construction of an 8-foot wide trail (east side) and a 5-foot sidewalk (west side) along Granby
Lane between Graphite Lane and Dodd Boulevard.
The Park Dedication requirement has not been collected on the parent parcel and will be
required to be paid with the final plat. The Park Dedication Fee will be based on the rate in
effect at the time of final plat approval, calculated as follows:
111 lots x $4,294.00 = $476,634.00
Lots in Summers Creek
Final Plat
Park Dedication Fee Park Dedication Required
with Phase 1 Final Plat
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UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Summers Creek is located within subdistricts NC-20155 and NC-20685 of the North Creek
sanitary sewer district, as identified in the City’s Comprehensive Sewer Plan. Wastewater from
the development will be conveyed via existing trunk sanitary sewer to the MCES Farmington
Interceptor and continue to the Empire Wastewater Treatment Facility.
Development of Summers Creek includes the extension of public 8-inch sanitary sewer from
existing 8-inch sanitary sewer stubs at Hamburg Avenue and Gresford Lane to provide
sanitary sewer service to the development.
Extension of sanitary sewer through the site will allow for the removal of the temporary lift
station located on Lot 1, Block 8, Pine Grove. Removal of the lift station will require extending
sanitary sewer across Dodd Boulevard from the Summers Creek subdivision. The sanitary
sewer extension and lift station removal will be completed by the City with the future
realignment of 179th Street, anticipated in 2022. The Developer shall design the sanitary sewer
to allow for the future removal of the lift station.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and will
be required with the final plat. The fee will be based on the current rate in effect at the time of
final plat approval, calculated as follows:
111 units x $327.00 = $36,297.00
Units in Summers Creek
Final Plat
2019 Sanitary Sewer
Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
WWAATTEERRMMAAIINN
Development of Summers Creek includes the extension of 8-inch public watermain.
Watermain will be extended within the development from the existing 24-inch pipe east of
the parcel and 8-inch pipes south of the parcel to provide water service to the subdivision.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans.
OOVVEERRHHEEAADD LLIINNEESS
An overhead electric transmission line and poles onsite were removed with site grading
following City Council approval of the preliminary plat
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Summers Creek is primarily located within subdistricts FO-7 and FO-8 of the Farmington
stormwater district as identified in the City’s Water Resources Management Plan.
Development of Summers Creek includes the construction of five City owned and maintained
stormwater management basins to collect and treat the stormwater runoff generated from
the site.
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The stormwater management basins will provide water quality treatment and rate control of
the stormwater runoff generated from the development. The basins will be located within
Outlots B, C, D, E and J. Treatment volume from the existing stormwater management pond
located south of Dodd Boulevard (CSAH 9) and east of Hayes Avenue, is required to be
incorporated into the proposed stormwater management basins.
The Developer is coordinating with the VRWJPO to re-meander the existing water quality
corridor on the parent parcel. The design will be completed by the Developer and necessary
review agencies prior to final plat. The stream improvements will occur concurrently with the
construction of Summer’s Creek. Natural Area signs are required to be placed along the
property lines of Oultots C and D. A security of $4,500.00 will be required with the final plat to
ensure proper installation of signs. Final locations will be identified in the field.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading specifications shall also indicate that all embankments meet
FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings
placed on fill material are appropriately constructed. Building Permits will not be issued until
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
Summers Creek contains more than one acre of site disturbance. A National Pollution
Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed
by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the
City upon receipt from the MPCA.
SSTTOORRMM SSEEWWEERR
Development of Summers Creek includes the construction of public storm sewer systems.
Storm sewer will be installed within the subdivision to collect and convey stormwater runoff
generated from within the public right-of-way and lots to the public stormwater
management basins located within Outlots B, C, D, E and J.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be
collected with the Summers Creek final plat, calculated as follows:
Trunk Storm Sewer Area Charge Summary
Gross Area of Summers Creek 4,049,488.30 s.f.
Less Area of Outlot A (Future Development) (-) 551,397.61 s.f.
Less Area of Outlot B (Stormwater Management Basin) (-) 90,207.18 s.f.
Less Area of Outlot C (Stormwater Management Basin and VRWJPO
Water Corridor)
Less Area of Outlot D (Stormwater Management Basin and VRWJPO
Water Corridor)
Less Area of Outlot E (Stormwater Management Basin)
Less Area of Outlot F (Future Development)
(-) 235,092.60 s.f.
(-) 200,736.33 s.f.
(-) 153,836.65 s.f.
(-) 143,283.07 s.f.
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Less Area of Outlot G (Future Development)
Less Area of Outlot H (Future Development)
Less Area of Outlot I (Future Development)
Less Area of Outlot J (Stormwater Management Basin)
Less Area of 179th St Right-of-way
(-) 32,078.74 s.f.
(-) 4,500.00 s.f.
(-) 571,298.17 s.f.
(-) 59,323.91 s.f.
(-) 352,400.40 s.f.
Total = 2,412,154.66 s.f.
2,412,154.66 s.f. x $0.178/s.f. = $429,363.53
Net Area of
Summers Creek
Single Family
Area Charge
Total Trunk
Storm Sewer Area Charge
The Developer will receive a $47,630.00 credit to the Trunk Storm Sewer Area Charge for
deeding Outlots B, C, D, E and J to the City.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTTSS
179th Street is a minor arterial as identified in the City’s Transportation Plan. A buffer yard
screen containing a combination of earth berms and plantings of a sufficient density to
provide a minimum visual screen shall be provided adjacent to 179th Street. Buffer yard
screening is also required adjacent to the future Central Maintenance Facility access and shall
be installed with Phase 1 of the development.
FEMA FLOODPLAIN ANALYSIS
Summers Creek is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal
Emergency Management Agency (FEMA). Based on this designation, there are no areas in the
plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WWEETTLLAANNDDSS
Westwood conducted a wetland delineation for the site. Two wetland areas were identified as
well as a water quality corridor. The Developer is proposing to restore the water quality
corridor with this project. There will be 0.11 acres of wetland impact with the project that will
require replacement. The replacement and restoration plan are out for review. The impacts
cannot take place until Wetland Credits have been purchased.
The Developer is responsible for the establishment and restoration of the restored channel for
no less then three years or until it is fully established. Developer shall provide a seeding and
maintenance plan for 3 years within Outlots C and D with the final plat.
TTRREEEE PPRREESSEERRVVAATTIIOONN
A tree preservation plan has been submitted. The plan shows a total of 1087 significant trees
within the site. The plan proposes to save 123 trees.
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All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per
the Lakeville Subdivision Ordinance.
Additional native trees will need to be planted around the stormwater basins and restored
channel. The additional plantings will be required on the final plat landscape plan.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as
developing a SWPPP for the site prior to construction. 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. Any additional measures required shall be installed and maintained by
the Developer.
SSEECCUURRIITTIIEESS
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Summers Creek. Construction costs are based on the bid proposal
submitted by the Developer’s engineer on August 20, 2019.
CONSTRUCTION COSTS
Sanitary Sewer $ 670,974.50
Watermain 528,215.20
Storm Sewer 1,464,665.50
Street Construction
Dodd Boulevard Turn Lanes
1,688,343.05
328,458.72
Street and Utility Erosion Control and Restoration 36,675.00
SUBTOTAL - CONSTRUCTION COSTS $ 4,717,331.97
The Developer provided the City with a security prior to submittal of the final plat application
for Erosion Control, Stormwater Basins, Restoration, Grading and Grading Certification in the
form of a Letter of Credit to grade following City Council approval of the preliminary plat. An
additional security is required for erosion control of the street and utility construction. The
amount previously securitized by the existing LOC was removed from these security totals.
OTHER COSTS
Developer’s Design (3.0%) $ 141,519.96
Developer’s Construction Survey (2.5%) 117,933.30
City’s Legal Expense (0.5%) 23,586.66
City Construction Observation (5.0%) 235,866.60
Developer’s Record Drawing (0.5%) 23,586.66
Remove Existing Encroachments 50,000.00
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Native Seeding and maintenance (3yrs) within Outlots
C and D
20,000.00
Natural Area Signs 4,500.00
Landscaping 260,271.20
Street lights 40,000.00
Lot Corners/Iron Monuments 12,100.00
SUBTOTAL - OTHER COSTS $929,364.38
TOTAL PROJECT SECURITY $5,646,696.35
The street light security totals $40,000.00 which consists of eight (8) mast-arm street lights at
$1,400 each and twenty four (24) 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
$12,100.00. 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.
CCAASSHH FFEEEESS
A $10,000.00 cash fee for traffic control signs is due for Summers Creek. 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 street light operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
111 units x $36.48/unit = $4,049.28
Dwelling Units 2019 Street light Operating Fee Total
A cash fee for one-year of environmental resources management expenses shall be paid at
the time of final plat approval and is calculated as follows:
111 units x $57.52/unit = $6,384.72
Dwelling Units Environmental Resources
Management 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:
121 units x $90.00/unit = $10,890.00
Lots/Outlots City Base Map Updating Fee Total
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in either .dwg (AutoCAD) or .dxf format.
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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 $141,519.96.
CASH REQUIREMENTS
Park Dedication
Sanitary Sewer Availability Charge
476,634.00
36,297.00
Trunk Storm Sewer Area Charge 429,363.53
Future Removal of Hamburg Ave Temporary Road 15,000.00
Future Trail/Sidewalk escrow along Granby Lane
Future Construction of Granby Lane
22,275.31
69,165.41
Traffic Control Signs 10,000.00
Street light Operating Fee 4,049.28
Environmental Resources Management Fee 6,384.72
City Base Map Updating Fee 10,890.00
City Engineering Administration (3.00%) 141,519.96
SUBTOTAL - CASH REQUIREMENTS $1,221,579.21
CREDITS TO THE CASH REQUIREMENTS
Outlots B, C, D, E and J (Deeded to the City) (Trunk Storm Sewer) $ 47,630.00
City’s 3/8 Share of Hamburg Ave Trail (Park Dedication) 11,436.75
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS = $ 59,066.75
TOTAL CASH REQUIREMENTS $1,162,512.46
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the final plat, grading and erosion control plan, utility
plan and tree preservation plan for Summers Creek, subject to the requirements and
stipulations within this report.