HomeMy WebLinkAboutItem 06.h
Date: Item No.
CEDAR CROSSINGS 2ND ADDITION FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving the
Cedar Crossings 2nd Addition final plat.
Overview
Arcon Land II, LLC has submitted a final plat application for 36 single family lots and two outlots
on 23.473 acres of land located west of Cedar Avenue (CSAH 23) and north of the Cedar Landing
development. The Cedar Crossings 2nd Addition final plat is consistent with the Cedar Crossings
preliminary plat (108 single family lots) approved by the City Council on May 16, 2016 and the
Cedar Crossings 2nd Addition preliminary plat (15 single family lots) approved by the City Council
on November 20, 2017. Thirty seven (37) single family lots will remain to be platted after the
approval of the Cedar Crossings 2nd Addition final plat.
Primary Issue to Consider
• None
Supporting Information
• Resolution approving the Cedar Crossings final plat
• Signed development contract
• March 20, 2020 Planning and Engineering Reports
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: Monica Waite, Planning & Zoning Specialist
May 18, 2020
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 20-
RESOLUTION APPROVING THE FINAL PLAT OF CEDAR CROSSINGS 2ND ADDITION
WHEREAS, the owner of the property described as CEDAR CROSSINGS 2ND ADDITION has
requested final plat approval; and
WHEREAS, the preliminary plats were 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 plats; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. CEDAR CROSSINGS 2ND ADDITION 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.
ADOPTED by the Lakeville City Council this 18th day of May 2020.
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 18th day of May 2020 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
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CEDAR CROSSINGS 2ND ADDITION
CONTRACT dated ____________________, 2020, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and ARCON LAND II, LLC, a Minnesota limited liability
company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for CEDAR CROSSINGS 2ND ADDITION (referred to in this Contract as the "plat"). The land is situated in
the County of Dakota, State of Minnesota, and is legally described as:
Outlots C and D, Cedar Crossings, Dakota County, Minnesota, according to the recorded plat
thereof.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
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satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Dakota
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the
plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
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without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The 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 the first summer after the base
layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases and the extended completion date. Final wear
course placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
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additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
The Developer is responsible for complying with the MPCA Construction Permit. The developer
must keep the SWPPP up to date as well as making sure that all previously installed BMPs for the site
are installed and functioning properly prior to the start of construction. Changes made throughout
construction should be documented in the SWPPP.
Additional erosion control measures may be required during construction as deemed necessary
by City staff or the Dakota County Soil and Water Conservation District. Any additional measures
required shall be installed and maintained by the Developer.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except 2
model home permits on lots acceptable to the Building Official), the Developer shall provide the City with
an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
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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.
Cedar Crossings 2nd Addition 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.
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A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon rece ipt 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.
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. The Developer shall complete the construction of the public stormwater
management basins within Outlot B of the Cedar Crossings 1st Addition final plat with the development of
Cedar Crossings 2nd Addition. The basins were rough graded with the Cedar Crossings 1st Addition
development and will be finished with the Cedar Crossings 2nd Addition final plat. Some revisions to the
basin will be required due to groundwater that was encountered during initial construction. An updated
basin grading plan for the basin west of the Water Quality Corridor must be submitted for review with
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final construction plans. The basins will provide water quality treatment, volume and rate control of the
stormwater runoff generated from the Cedar Crossings 2nd Addition subdivision.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be
paid by the Developer with the Cedar Crossings 2nd Addition final plat, calculated as follows:
Gross Area of Cedar Crossings 2nd Addition 1,022,467 s.f.
Less Area of Outlot A (Future Development) (-) 23,250 s.f.
Less Area of Outlot B (Future Development) (-) 447,266 s.f.
Total = 551,951 s.f.
551,951 s.f. x $0.178/s.f. = $98,247.28
Net Area of Cedar
Crossings 2nd Addition
Single Family
Area Charge
Total Trunk
Storm Sewer Area Charge
The Trunk Storm Sewer Area Charge will be collected at the time Outlots A and B are final platted
into lots and blocks, at the rate in effect at the time of final plat approval.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER. The Sanitary Sewer Availability Charge has not been collected on
the parent parcels and shall be paid with the final plat. The fee will be based on the rate in effect at the
time of final plat approval, calculated as follows:
36 units x $327.00 = $11,772.00
Total Units
In Cedar Crossings 2nd Addition
Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
21. WATERMAIN. The Developer shall extend 8-inch watermain within the subdivision to
serve the lots with Cedar Crossings 2nd Addition.
The Developer shall extend the 8-inch watermain at the south end of Geyser Court to Cedar
Avenue to provide a looped distribution system.
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 within
a 30-foot wide private transmission line easement in favor of Cooperative Power Association (per Doc.
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1640981) along the west side of Cedar Avenue on the parent parcels. The Developer shall not be
required to place the existing transmission line underground with the development improvements,
consistent with the City’s Public Ways and Property Ordinance.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility
and street construction shall be from 205th Street at the location of Geyser Court and from 205th Street at
the location of Glade Avenue, via Cedar Avenue.
24. PARKS, TRAILS AND SIDEWALKS. The Developer shall construct 5-foot wide concrete
sidewalks, with pedestrian curb ramps, along the south sides of 207th Street and Gosford Way, and along
the east side of Glade Avenue.
The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a combination of land dedication and cash contribution that will be paid by the
Developer with the final plat based on the Park Dedication Fee in effect at the time of final plat.
The density of the Cedar Crossings 1st Addition and Cedar Crossings 2nd Addition preliminary
plats is 2.22 lots/acre (123 proposed lots/55.50 acres). The land dedication requirement for subdivisions
with a density less than 3.0 lots/acre is 12%. The land dedication and cash contribution requirements
are estimated as follows:
Gross Area of Cedar Crossings
Less Area of Delineated Wetlands to remain
60.27
(-) 0.54
Acres
Acres
Less Area of Cedar Ave. ROW Dedication (-) 4.23 Acres
Total Buildable Area 55.50 Acres
Land Dedication Requirement (12%) 6.66 Acres
As part of the Cedar Crossings 1st Addition, the Developer dedicated 4.77 acres in Outlot E to the
City for park land. This satisfies 71.62% of the required 6.66 acres for park dedication (88.09/123 lots),
no cash contribution for parks will be due until the Developer has platted 88 lots. Cedar Crossings 1st
Addition platted 50 lots and Cedar Crossings 2nd Addition is platting 36 lots, therefore no additional park
land or cash contributions are due as part of the Cedar Crossings 2nd Addition final plat. The remaining
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28.38% (34.91 lots) of the park dedication requirement for Cedar Crossings will be satisfied with future
phases through a cash contribution based on the rate in effect at the time of final plat.
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The
Developer shall pay a cash fee for traffic control signs which is due with Cedar Crossings 2nd Addition.
Street signing consists of three (3) stop and street blade combinations at $550.00 each, nine (9) nine-
button delineators at $125.00 each, two (2) future thru street signs at $100.00 each and a mobilization
fee of $150.00 for a total of $3,125.00. If the street signs are installed during frost conditions, the
Developer shall pay an additional $150.00 for each street sign location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
36 units x $40.48/unit = $1,457.28
Dwelling Units Streetlight Operating Fee Total
26. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one-year of environmental resources expenses shall be paid at the time of final plat approval and is
calculated as follows:
36 units x $16.54/unit/qtr. x 4 qtrs. = $2,381.76
27. 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 occupanc y. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
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with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
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.
28. BUFFER YARD BERM/LANDSCAPE SCREEN. Cedar Avenue is a minor arterial
roadway, as identified in the City’s Transportation Plan. The Developer shall provide plantings of a
sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height
adjacent to Cedar Avenue. Landscaping shall be installed in accordance with the approved landscape
plan. The Developer shall post a $21,398.00 landscaping security at the time of final plat approval to
ensure that the landscaping is installed in accordance with the approved plan.
29. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the March 20, 2020 Planning Report and
March 20, 2020, Engineering Report.
B. 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
$3,800.00. The City shall hold this security until the Developer’s Land Surveyor certifies that
all irons have been placed following site grading, street and utility construction.
C. 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 $3,420.00.
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D. 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 $7,200.00 and consists of six (6) post-top street lights at $1,200.00 each.
E. 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.
30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ("security") for $1,203,711.36. 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 $141,345.50
B. Watermain 195,477.50
C. Storm Sewer 226,205.00
D. Street Construction 414,995.25
E. Erosion Control and Restoration 72,482.00
CONSTRUCTION SUB-TOTAL $1,050,505.25
OTHER COSTS:
A. Developer’s Design (3.0%) $31,515.16
B. Developer’s Construction Survey (2.5%) 26,262.63
C. City Legal Expenses (Est. 0.5%) 5,252.53
D. City Construction Observation (Est. 5.0%) 52,525.26
E. Developer’s Record Drawings (0.5%) 5,252.53
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F. Landscaping 21,398.00
G. Street Lights 7,200.00
H. Lot Corners/Iron Monuments 3,800.00
OTHER COSTS SUB-TOTAL $153,206.11
TOTAL SECURITIES: $1,203,711.36
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without
notice if the security is allowed to lapse prior to the end of the required term. If the required public
improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the
default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the
amounts certified by the Developer's engineer shall be retained as security until all improvements have
been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City’s standard specifications for utility and street construction outline procedures for security
reductions.
31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Sanitary Sewer Availability Charge 11,772.00
B. Trunk Storm Sewer Area Charge 98,247.28
C. Traffic Control Signs 3,125.00
D. Street Light Operating Fee 1,457.28
E. Environmental Resources Expenses 2,381.76
F. City Base Map Updating Fee 3,420.00
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G. City Engineering Administration
(3% for letters of credit or 3.25% for alternate disbursement) 31,515.16
TOTAL CASH REQUIREMENTS $151,918.48
32. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City’s standard specifications for utility and
street construction identify the procedures for final acceptance of streets and utilities.
33. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
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Cedar Crossings 2nd Addition
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C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before an y 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.
34. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
35. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
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Cedar Crossings 2nd Addition
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zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits, except 2 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.
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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, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
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
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The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City and (iii) shall identify the name of the plat. 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
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out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a
Certificate of Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
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
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lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 350 Highway 7, Suite 125, Excelsior, Minnesota 55331. Notices to the City shall be
in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified
mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke
Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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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 ______________,
2020, 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
1
City of Lakeville
Planning Department
Memorandum
To: Daryl Morey, Planning Director
From: Monica Waite, Planning & Zoning Specialist
Date: March 20, 2020
Subject: Cedar Crossings 2nd Addition Final Plat
INTRODUCTION
Arcon Land II, LLC has submitted an application and plans for the final plat of Cedar Crossings
2nd Addition, which includes 36 single family lots located west of Cedar Avenue (CSAH 23) and
north of the Cedar Landing development. The Cedar Crossings preliminary plat of 108 single
family lots was approved by the City Council on May 16, 2016. The Cedar Crossings 2nd
Addition preliminary plat of 15 single family lots and was approved by the City Council on
November 20, 2017. The lot, block and street design of the Cedar Crossings 2nd Addition final
plat is consistent with the approved preliminary plats. The final plat plans have been reviewed
by Engineering and Parks and Recreation staff.
EXHIBITS
A. Aerial Location Map
B. Approved Preliminary Plats (2 pages)
C. Final Plat (2 Pages)
D. Grading & Drainage Plan (3 Pages)
E. Dakota County Plat Commission Letter dated March 5, 2020
PLANNING ANALYSIS
Zoning. In conjunction with the approval of both of the preliminary plats, the City Council
approved a rezoning of the easterly portion of the subject property from RM-2, Medium
Density Residential District to RS T-2, Single and Two-Family Residential District. Single family
homes are a permitted use within the RST-2 District.
Existing Conditions. The Cedar Crossings 2nd Addition final plat area has been used
previously for agriculture but has not been planted the past few years.
2
Lot Area. Single family lots within the RST-2 District are required to provide a minimum lot
area of 8,400 square feet for interior lots and 10,200 square feet for corner lots. The area of the
36 lots in the final plat meet the minimum square footage required.
Lot Width and Depth. The minimum lot width for single-family lots within the RST-2 District
is 70 feet for interior lots and 85 feet for corner lots. Lots 8 and 9, Block 1 are considered
double frontage lots and require 150 feet in lot depth. All lots meet the minimum lot width
and depth requirements.
Setbacks. Setback requirements for single family lots in the RST-2 District is outlined below:
Front Side (Interior) Side (Corner) Rear
(Interior)
Rear
(Double
Frontage)
20 feet house
25 feet garage
7 feet 20 feet 30 feet 50 feet
The proposed building pads meet the minimum setback requirements for interior, corner and
double frontage lots.
Development Density. The Cedar Crossings 2nd Addition final plat consists of 36 single family
lots on 23.47 acres. This results in a gross density of 2.84 units per acre. The net density,
excluding arterial road right-of-way, wetlands and stormwater ponding, park, and future
development outlots is 3.57 units per acre.
Phasing. Cedar Crossings is anticipated to be developed in three phases. There will be 37
remaining single-family lots to be final platted and developed after the Cedar Crossings 2nd
Addition final plat.
Outlots. There are two outlots proposed with the Cedar Crossings 2nd Addition final plat.
• Outlot A is 0.534 acres in area and will be retained by the developer for future
development.
• Outlot B is 10.268 acres in area and will be retained by the developer for future
development.
Access. Cedar Crossings will have access from 205th Street at Cedar Avenue (CSAH 23) on the
east and from the terminus of 205th Street in the Linden Ridge subdivision to the west.
Plat Commission. Because the final abuts Cedar Avenue (CSAH 23), the Dakota County Plat
Commission reviewed and approved the final plat at their March 4, 2020 meeting. The Plat
Commission letter is included as Exhibit E.
Streets & Right-of-Way. Geyser Court is being constructed as a permanent cul de sac with the
development of Cedar Crossings 2nd Addition. Geyser Court is a 32 foot wide street within a 50
foot right-of-way. Based on environmental constraints and the proposed access terminating
in a cul de sac, a 50 foot right of way is in compliance with City ordinance requirements.
Glade Avenue will be a 32 foot wide street within a 60 foot right-of-way with a five foot wide
sidewalk on the east side of the street. Glade Avenue will be extended south in the future to
3
provide a connection and access to the Cedar Landing subdivision and future neighborhood
park. A “Future Street Extension” sign and barricades will be placed at the north and south
ends of the street until it is extended in the future.
Gosford Way will be a 32 foot wide street within a 60 foot right-of-way with a five foot wide
sidewalk on the south / east side of the street. The street connects to 207th Street and Glade
Avenue.
207th Street will be a 32 foot wide street within 60 feet of right-of-way with a five foot sidewalk
along the south side and terminating just east of the Gosford Way intersection. 207th Street
will be extended east to Glade Avenue with future phases of Cedar Crossings.
Sidewalks/Trails. The developer will construct five foot wide concrete public sidewalks along
the south sides of 207th Street and Gosford Way, and along the east side of Glade Avenue.
There are no trails proposed to be constructed in the Cedar Crossings 2nd Addition final plat.
Buffer Yard/Landscaping. The Developer included a landscape plan with the preliminary
plat which proposes plantings just outside the pipeline easement area to provide a buffer for
those lots adjacent to or that back up to Cedar Avenue (CSAH 23). The proposed plantings are
a mix of overstory trees, evergreens and shrubs. A security for $21,398.00 is required to
guarantee installation of the landscaping.
Park Dedication. No park dedication is proposed with the Cedar Crossings 2nd Addition final
plat. The Cedar Crossings plat dedicated 4.77 acres for park purposes, adjacent to the 3.36
acres of land dedicated for park purposes by the Cedar Landing subdivision. This satisfies
71.62% of the required 6.66 acres for park dedication (88.09/123 lots). The remainder of the
park dedication requirement will be satisfied with future phases through a cash contribution
based on the rate in effect at the time of the final plat.
Tree Preservation. There are no signi ficant trees within the area of the Cedar Crossings 2nd
Addition final plat.
Wetlands. The wetland delineation for the site was approved on September 1, 2013. No
wetland impacts are proposed with the development of Cedar Crossings 2nd Addition.
Grading, Drainage and Erosion Control. The final plat includes grading, drainage and
erosion control plans. Grading, drainage and erosion control is discussed in more detail in the
March 20, 2020 engineering report.
Subdivision Identification Sign. The developer is not proposing a subdivision identification
sign within this phase of the final plat.
RECOMMENDATION
The Cedar Crossings 2nd Addition final plat is consistent with the approved preliminary plats
and complies with the requirements of the Zoning and Subdivision Ordinances. Planning
Department staff recommends approval of the Cedar Crossings 2nd Addition final plat subject
to the following conditions:
4
1. The recommendations listed in the March 20, 2020 engineering report.
2. Five foot wide concrete sidewalks shall be constructed at the developer’s expense as
shown on the approved final plat plans.
3. Landscaping shall be installed consistent with the approved landscape plan. A $21,398.00
security shall be submitted to guarantee installation of the approved landscaping.
4. Future street extensions signs and barricades are required at the south end of Glade
Avenue.
±CEDAR AVE (CSAH 23)Cedar Crossings
2nd Addition
Final Plat Areas
202ND ST
Cedar Crossings
2nd Addition
Final Plat areas
City of Lakeville
Aerial Map
EXHIBIT AGREENWOOD AVE205TH ST
204TH ST
GLADEAVE206TH ST
Outlot D, CEDAR CORSSING, Dakota County, Minnesota.
(At the time of this plan, the plat of CEDAR CORSSING is not of record)
PROPERTY DESCRIPTION
KNOW ALL PERSONS BY THESE PRESENTS: That Arcon Land II, LLC, a Minnesota limited liability company,
owner of the following described property:
Outlot C and Outlot D, CEDAR CROSSINGS
Has caused the same to be surveyed and platted as CEDAR CROSSINGS 2ND ADDITION and does hereby
dedicate to the public for public use the public ways and the drainage and utility easements as created on
this plat.
In witness whereof said Arcon Land II, LLC, a Minnesota limited liability company, has caused these
presents to be signed by its proper officer this day of , 20 .
Arcon Land II, LLC
By:
Scott Johnson, Chief Manager
STATE OF
COUNTY OF
This instrument was acknowledged before me on day of , 20 , by
Scott Johnson, the Chief Manager of Arcon Land II, LLC, a Minnesota limited liability company, on behalf of
the limited liability company.
Signature Printed Name
County,
My commission expires
I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision;
that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation
of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all
monuments depicted on this plat have been, or will be correctly set within one year; that all water
boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this
certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me on this day of , 20 ,
by Marcus F. Hampton.
Signature Printed Name
County,
My commission expires January 31,
CITY COUNCIL, CITY OF LAKEVILLE, STATE OF MINNESOTA
This plat of CEDAR CROSSINGS was approved and accepted by the City Council of the City of Lakeville,
Minnesota at a regular meeting thereof held this day of , 20 , and
said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.
By:
Mayor Clerk
DAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been
reviewed and approved this day of , 20 .
By:
Todd B. Tollefson, Dakota County Surveyor
COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA
We do hereby certify that on the _____ day of _______________, 20___, the Board of Commissioners of
Dakota County, Minnesota, approved this plat of CEDAR CROSSINGS 2ND ADDITION and said plat is in
compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the
Dakota County Contiguous Plat Ordinance.
By: ___________________________________ Attest: ___________________________________
Chair, Dakota County Board Dakota County Treasurer - Auditor
DAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,
COUNTY OF DAKOTA, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land
hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are
no delinquent taxes and transfer entered this day of , 20 .
By:
Amy A. Koethe, Director,
Department Of Property Taxation and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of CEDAR CROSSINGS 2ND ADDITION was filed in the office of the County
Recorder for public record on this day of , 20 ,
at o'clock . M. and was duly filed in Book of Plats,
Page , as Document Number .
By:
Amy A. Koethe, County Recorder
VICINITY MAP
BEARINGS ARE BASED ON THE WEST LINE OF
OUTLOT D, CEDAR CROSSINGS WHICH IS
ASSUMED TO HAVE A BEARING OF S 00°26'35" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY
STATUTE REQUIRED LOCATION INDICATES A
PLAT MONUMENT THAT WILL BE SET WITHIN
ONE YEAR FROM THE RECORDING DATE OF
THIS PLAT. SAID MONUMENTS SHALL BE
1/2 INCH x 14 INCH IRON PIPES MARKED BY
R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND
WITH CAP MARKED R.L.S. NO. 47481
DENOTES RESTRICTED ACCESS TO DAKOTA
COUNTY PER THE DAKOTA COUNTY
CONTIGUOUS PLAT ORDINANCE
BEARINGS ARE BASED ON THE WEST LINE OF
OUTLOT D, CEDAR CROSSINGS WHICH IS
ASSUMED TO HAVE A BEARING OF S 00°26'35" W
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY
STATUTE REQUIRED LOCATION INDICATES A
PLAT MONUMENT THAT WILL BE SET WITHIN
ONE YEAR FROM THE RECORDING DATE OF
THIS PLAT. SAID MONUMENTS SHALL BE
1/2 INCH x 14 INCH IRON PIPES MARKED BY
R.L.S. NO. 47481.
DENOTES 1/2 INCH IRON MONUMENT FOUND
WITH CAP MARKED R.L.S. NO. 47481
DENOTES RESTRICTED ACCESS TO DAKOTA
COUNTY PER THE DAKOTA COUNTY
CONTIGUOUS PLAT ORDINANCE
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THE PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
EXHIBIT D
l
l
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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
March 5, 2020
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Re: CEDAR CROSSINGS 2ND ADDITION
The Dakota County Plat Commission met on March 4, 2020, to consider the Final Plat of the above
referenced plat. The plat is adjacent to CSAH 23 (Cedar Avenue) and is therefore subject to the Dakota
County Contiguous Plat Ordinance.
This is a replat of a recent Outlot. The plat meets the right-of-way needs and right of way guidelines.
There are no other comments.
The Plat Commission has approved the final plat and will recommend approval to the County Board of
Commissioners.
Traffic volumes on CSAH 23 are 20,300 ADT and are anticipated to be 33,000 ADT by the year 2030.
These traffic volumes indicate that current Minnesota noise standards for residential units could be
exceeded for the proposed plat. Residential developments along County highways commonly result in
noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent
residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should
be incorporated into this development.
No work shall commence in the County right of way until a permit is obtained from the County
Transportation Department and no permit will be issued until the plat has been filed with the County
Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of
proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to
restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat
Commission highly recommends early contact with the Transportation Department to discuss the
permitting process which reviews the design and may require construction of highway improvements,
including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths,
medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or
Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070.
Sincerely,
Todd B. Tollefson
Secretary, Plat Commission
c:
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Monica Waite, Planning & Zoning Specialist
From: Logan Vlasaty, Civil Engineer
McKenzie L. Cafferty, Environmental Resources Manager
John Hennen, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Jerilyn Erickson, Finance Director
Daryl Morey, Planning Director
Gene Abbott, Building Official
Date: March 20, 2020
Subject: Cedar Crossings 2nd Addition
• Final Plat Review
• Final Grading and Erosion Control Plan Review
• Final Drainage and Utility Plan Review
• Final Tree Preservation Plan Review
BBAACCKKGGRROOUUNNDD
Arcon Land II, LLC has submitted a final plat named Cedar Crossings 2nd Addition. The final
plat is the second phase of the Cedar Crossings preliminary plat approved by the City Council
at their May 16, 2016 meeting and second phase of the Cedar Crossings 2nd Addition
preliminary plat approved by the City Council at their November 20, 2017 meeting. The
proposed subdivision is located west of and adjacent to Cedar Avenue (CSAH 23), south of
and adjacent to 205th Street, and north of 210th Street. The parent parcel consists of Outlots C
and D, Cedar Crossings zoned RST-2, Single and Two Family Residential District.
The final plat consists of thirty-six (36) single-family lots within four (4) blocks and two (2)
outlots on 23.47 acres.
The outlots created with the final plat shall have the following use:
Outlot A: Future Development; to be retained by the Developer (0.534 acres)
Outlot B: Future Development; to be retained by the Developer (10.268 acres)
CCEEDDAARR CCRROOSSSSIINNGGSS 22NNDD AADDDDIITTIIOONN
MMAARRCCHH 2200,, 22002200
PPAAGGEE 22 OOFF 1100
The proposed development will be completed by:
Developer: Arcon Land II, LLC
Engineer/Surveyor: James R. Hill, Inc.
SSIITTEE CCOONNDDIITTIIOONNSS
The Cedar Crossings 2nd Addition site consists of undeveloped cultivated agricultural land.
The East Branch of South Creek bisects the parent parcels. The land generally slopes west to
east to the East Branch of South Creek, which drains north to south through the property.
Existing private utilities (gas lines and underground fiber optic) are located along the east side
of the property.
EEAASSEEMMEENNTTSS
The parent parcels contain existing public and private easements located on the east side of
the property. The following easements will remain with the proposed development:
• 100-foot wide Williams Pipeline easement per Document No. 1726151
• 30-foot wide maintenance and danger tree easement for overhead transmission lines
per document No. 1640981
• 90 to 150-foot drainage and utility easement per document No. 1651143
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Cedar Avenue (CSAH 23)
Cedar Crossings 2nd Addition is located west of and adjacent to Cedar Avenue, a minor arterial
County highway, as identified in the City’s Transportation Plan. Cedar Avenue adjacent to the
site is a four-lane divided roadway. Cedar Avenue adjacent to Cedar Crossings 2nd Addition is
rural, consisting of a center median curb and gutter island.
The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement
of 75-feet for a four-lane divided highway. The final plat was reviewed and recommended for
approval by the Dakota County Plat Commission at its March 4, 2020 meeting.
205th Street
Cedar Crossings 2nd Addition is located adjacent to 205th Street, a minor collector as identified
in the City’s Transportation Plan. The portion of 205th Street adjacent to the development was
constructed with the first phase of Cedar Crossings and is designed as a 40-foot wide, two-
lane urban roadway.
Geyser Court
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Development of Cedar Crossings 2nd Addition includes the extension of Geyser Court, a local
street that was partially constructed with the first phase of Cedar Crossings. Geyser Court is
designed as a 32-foot wide, two-lane urban street, terminating in a permanent cul-de-sac. The
Developer is dedicating 50-feet of right-of-way in compliance with City ordinance
requirements.
Glade Avenue
Development of Cedar Crossings 2nd Addition includes the extension of Glade Avenue, a local
street that was partially constructed with the first phase of Cedar Crossings. Glade Avenue is
designed as a 32-foot wide, two-lane urban street with a sidewalk along the east side of the
street. The Developer is dedicating 60-feet of right-of-way in compliance with City ordinance
requirements.
Glade Avenue will be extended south in the future to provide a connection and access to the
Cedar Landing subdivision and future neighborhood park. A “Future Street Extension” sign
and barricades must be placed at the south terminus of Glade Avenue until extended in the
future.
Gosford Way
Development of Cedar Crossings 2nd Addition includes the construction of Gosford Way, a
local street that terminates its south end at 207th Street and its east end at Glade Avenue.
Gosford Way is designed as a 32-foot wide, two-lane urban street with a sidewalk along the
south and east side of the street. The Developer is dedicating 60-feet of right-of-way in
compliance with City ordinance requirements.
207th Street
Development of Cedar Crossings 2nd Addition includes the construction and extension of a
portion of 207th Street, a local street that continues into the Linden Ridge development to the
west. 207th Street is designed as a 32- foot wide, two-lane urban street with a sidewalk along
the south side and terminating just east of the Gosford Way intersection. 207th Street will be
extended east to Glade Avenue with future phases of Cedar Crossings. The Developer is
dedicating 60-feet of right-of-way in compliance with City ordinance requirements.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction shall be from
205th Street at the location of Geyser Court and from 205th Street at the location of Glade
Avenue.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS
Development of Cedar Crossings includes the construction of public sidewalks. 5-foot wide
concrete sidewalks, with pedestrian curb ramps, will be installed along the south sides of
207th Street and Gosford Way, and along the east side of Glade Avenue.
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The Park Dedication requirement has not been collected on the parent parcel and will be
satisfied through a combination of land dedication and cash contribution that will be paid
with the final plat based on the Park Dedication Fee in effect at the time of final plat.
The density of the Cedar Crossings 1st Addition and Cedar Crossings 2nd Addition preliminary
plats is 2.22 lots/acre (123 proposed lots/55.50 acres). The land dedication requirement for
subdivisions with a density less than 3.0 lots/acre is 12%. The land dedication and cash
contribution requirements are estimated as follows:
Gross Area of Cedar Crossings
Less Area of Delineated Wetlands to remain
60.27
(-) 0.54
Acres
Acres
Less Area of Cedar Ave. ROW Dedication (-) 4.23 Acres
Total Buildable Area 55.50 Acres
Land Dedication Requirement (12%) 6.66 Acres
As part of the Cedar Crossings 1st Addition, the Developer dedicated 4.77 acres in Outlot E to
the City for park land. This satisfies 71.62% of the required 6.66 acres for park dedication
(88.09/123 lots), no cash contribution for parks will be due until the Developer has platted 88
lots. Cedar Crossings 1st Addition platted 50 lots and Cedar Crossings 2nd Addition is platting
36 lots, therefore no additional park land or cash contributions are due as part of the Cedar
Crossings 2nd Addition final plat. The remaining 28.38% (34.91 lots) of the park dedication
requirement for Cedar Crossings will be satisfied with future phases through a cash
contribution based on the rate in effect at the time of final plat.
UUTTIILLIITTIIEESS
SSAANNIITTAARRYY SSEEWWEERR
Cedar Crossings 2nd Addition is located within subdistrict SC-10045 of the South Creek
sanitary sewer district as identified in the City’s Comprehensive Sewer Plan. Wastewater will
be conveyed to the MCES Farmington Interceptor and continue to the Empire Wastewater
Treatment Facility. The dow nstream facilities have sufficient capacity to serve the proposed
subdivision.
Development of Cedar Crossings required the construction of 10-inch trunk sanitary sewer
from the north plat boundary to Cedar Avenue. This was done with the Cedar Crossings 1st
Addition final plat in accordance with the City’s Comprehensive Sewer Plan. 8-inch sanitary
sewer will be extended within the subdivision from this sewer to provide sanitary sewer
service to the development.
The downstream sanitary sewer to serve Cedar Crossings 2nd Addition was constructed with
the development of Cedar Crossings 1st Addition final plat. A Lateral Sanitary Sewer Access
Charge was due for the lateral portion of 15-inch sanitary sewer within Cedar Avenue right-of-
way and was paid with the Cedar Crossings 1st Addition final plat.
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PPAAGGEE 55 OOFF 1100
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall
be paid with the final plat. The fee will be based on the rate in effect at the time of final plat
approval, calculated as follows:
36 units x $327.00 = $11,772.00
Total Units
In Cedar Crossings 2nd Addition
Sanitary Sewer Availability Charge
Per Unit
Sanitary Sewer
Availability Charge required
WWAATTEERRMMAAIINN
Development of Cedar Crossings 2nd Addition includes the extension of 8-inch watermain
within the subdivision. Watermain to serve the lots with Cedar Crossings 2nd Addition was
extended from trunk watermain in Cedar Avenue as part of the development of Cedar
Crossings 1st Addition final plat.
The Developer shall extend the 8-inch watermain at the south end of Geyser Court to Cedar
Avenue to provide a looped distribution system.
The Developer shall extend the 8-inch watermain on Glade Avenue to the south plat
boundary for future development and install a temporary hydrant at the dead end.
The Developer shall not connect the 8-inch watermain on 207th Street into the existing 8-inch
watermain on Gunnision Drive that was installed with the Linden Ridge development. The
Linden Ridge watermain network is a low-pressure system and is not compatible with the
Cedar Crossings watermain network. The Developer shall install a hydrant in the north
boulevard of 207th Street to dead end the system at the west boundary of the Cedar Crossings
2nd Addition final plat.
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 are located within a 30-foot wide private
transmission line easement in favor of Cooperative Power Association (per Doc. 1640981)
along the west side of Cedar Avenue on the parent parcels. The existing transmission line will
not be required to be placed underground with the development improvements, consistent
with the City’s Public Ways and Property Ordinance.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Cedar Crossings 2nd Addition is located within subdistrict SC-73 of the South Creek
stormwater district as identified in the City’s Water Resources Management Plan.
Development of Cedar Crossings 2nd Addition includes the completion of construction of a
public stormwater management basin within Outlot B of the Cedar Crossings 1st Addition final
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plat. The basin was rough graded with the Cedar Crossings 1st Addition development and will
be finished with the Cedar Crossings 2nd Addition final plat. Some revisions to the basin will be
required due to groundwater that was encountered during initial construction. An updated
basin grading plan will be submitted for review with final construction plans. The basin will
provide water quality treatment, volume and rate control of the stormwater runoff generated
from the Cedar Crossings 2nd Addition subdivision. The stormwater basin design is consistent
with City requirements.
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.
Cedar Crossings 2nd Addition 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 Cedar Crossings 2nd Addition 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 Outlot B of the Ce dar Crossings 1st Addition
final plat.
Draintile construction is required in areas of non-granular soils within Cedar Crossings 2nd
Addition for the street sub-cuts and lots. Any additional draintile construction, including
perimeter draintile required for building footings, which is deemed necessary during
construction shall be the developer’s responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must
be paid with the Cedar Crossings 2nd Addition final plat, calculated as follows:
Gross Area of Cedar Crossings 2nd Addition 1,022,467 s.f.
Less Area of Outlot A (Future Development) (-) 23,250 s.f.
Less Area of Outlot B (Future Development) (-) 447,266 s.f.
Total = 551,951 s.f.
551,951 s.f. x $0.178/s.f. = $98,247.28
Net Area of Cedar
Crossings 2nd Addition
Single Family
Area Charge
Total Trunk
Storm Sewer Area Charge
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PPAAGGEE 77 OOFF 1100
The Trunk Storm Sewer Area Charge will be collected at the time Outlots A and B are final
platted into lots and blocks, at the rate in effect at the time of final plat approval.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODPLAIN ANALYSIS
Portions of Outlots A and B, Cedar Crossings are shown on the Flood Insurance Rate Map
(FIRM) as Zone AE by the Federal Emergency Management Agency (FEMA). Based on this
designation, a portion of the plat is located within a Special Flood Hazard Area (SFHA), as
determined by FEMA. The Cedar Crossings development plans include filling and grading
with the floodplain, including the regulatory floodway. Impacts to the floodplain require
conditional approval from FEMA to remap the floodplain boundaries prior to grading or site
development. The City submitted a Conditional Letter of Map Revision (CLOMR) application
to FEMA on March 29, 2018. FEMA issued approval of the CLOMR on September 6, 2018.
Following completion of the development improvements, a Letter of Map Revision (LOMR) is
required to modify the FIRM.
The remainder of the Cedar Crossings 2nd Addition final plat (outside of Outlots A and B) are
designated as Zone X by FEMA, which is located outside of the SFHA.
WWEETTLLAANNDDSS
No wetland impacts are proposed with the development of Cedar Crossings 2nd Addition. All
wetland permitting was completed with the Cedar Crossings 1st Addition.
RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTTSS
Cedar Avenue is a minor arterial roadway, as identified in the City’s Transportation Plan.
Plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum
of ten feet in height sh all be provided adjacent to Cedar Avenue.
TTRREEEE PPRREESSEERRVVAATTIIOONN
There are no significant trees within the parent parcel.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for complying with the MPCA Construction Permit. The
developer must keep the SWPPP up to date as well as making sure that all previously installed
BMPs for the site are installed and functioning properly prior to the start of construction.
Changes made throughout construction should be documented in the SWPPP.
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Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water Consevation District. Any
additional measures required shall be installed and maintained by the developer.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Cedar Crossings 2nd Addition. Construction costs are based upon
estimates submitted by the Developer’s engineer on February 21, 2020.
CONSTRUCTION COSTS
Sanitary Sewer $ 141,345.50
Watermain 195,477.50
Storm Sewer
Street Construction
226,205.00
414,995.25
Erosion Control and Restoration 72,482.00
SUBTOTAL - CONSTRUCTION COSTS $ 1,050,505.25
OTHER COSTS
Developer’s Design (3.0%) $ 31,515.16
Developer’s Construction Survey (2.5%) 26,262.63
City’s Legal Expense (0.5%) 5,252.53
City Construction Observation (5.0%) 52,525.26
Developer’s Record Drawing (0.5%) 5,252.53
Landscaping
Street Lights
21,398.00
7,200.00
Lot Corners/Iron Monuments 3,800.00
SUBTOTAL - OTHER COSTS $153,206.10
TOTAL PROJECT SECURITY $ 1,203,711.35
The street light security totals $7,200 which consists of six (6) post-top street lights at $1,200
each. The platted area is serviced by both Dakota Electric Association and Xcel Energy.
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
$3,800.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street and utility construction.
CCAASSHH FFEEEESS
A cash fee for traffic control signs is due with Cedar Crossings 2nd Addition. Street signing
consists of three (3) stop and street blade combinations at $550 each, nine (9) nine-button
delineators at $125 each, two (2) future thru street signs at $100 each and a mobilization fee
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of $150 for a total of $3,125.00. If the street signs are installed during frost conditions, the
developer shall pay an additional $150 for each street sign location.
A cash fee for one-year of streetlight operating expenses shall be paid at the time of final plat
approval and is calculated as follows:
36 units x $40.48/unit = $1,457.28
Dwelling Units Streetlight Operating Fee Total
A cash fee for one-year of environmental resources expenses shall be paid at the time of final
plat approval and is calculated as follows:
36 units x $16.54/unit/qtr. x 4 qtrs. = $2,381.76
Dwelling Units Environmental Resources Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map shall be paid at the time of final plat approval and is calculated as follows:
38 units x $90.00/unit = $3,420.00
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.
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 $31,515.16.
CASH REQUIREMENTS
Sanitary Sewer Availability Charge
11,772.00
Trunk Storm Sewer Area Charge 98,247.28
Traffic Control Signs
Streetlight Operating Fee
3,125.00
1,457.28
Environmental Resources Expenses 2,381.76
City Base Map Updating Fee 3,420.00
City Engineering Administration (3.00%) 31,515.16
TOTAL CASH REQUIREMENTS WITH THE FINAL PLAT $151,918.48
RREECCOOMMMMEENNDDAATTIIOONN
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Engineering recommends approval of the Cedar Crossings 2nd Addition final plat, grading and
erosion control plan, utility plan and tree preservation plan, subject to the requirements and
stipulations wit hin this report.