HomeMy WebLinkAboutItem 07September 30, 2010 Item No.
SPIRIT OF BRANDTJEN FARM 6 ADDITION
OCTOBER 4, 2010 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve: a) a resolution
approving the Spirit of Brandtjen Farm 6 Addition preliminary and final plat and development
and final stage planned unit development, b) a resolution vacating public street rights -of -way
and drainage and utility easements, c) a resolution conveying City -owned property to SBF
Development Corp., and d) the third amendment to the Spirit of Brandtjen Farm development
contract, as presented.
Adoption of this motion will allow the re -plat of lots in the first addition of SBF and the
development of 15 single family lots as the next phase of Spirit of Brandtjen Farm consistent
with the approved Spirit of Brandtjen Farm planned unit development (SBF PUD).
Overview
Tradition Development (a /k/a SBF Development Corp.) representatives are requesting approval
of the Spirit of Brandtjen Farm 6 Addition preliminary plat of 29 single family lots and final plat
of 15 single family lots as the next development phase for the SBF PUD. The SBF 6 Addition
preliminary and final plat is a re -plat of lots that were preliminary and final platted with the first
SBF development phase in 2005. The developer is re- platting these lots in response to market
feedback to create additional walk -out lots and to provide more green space area between
homes. SBF 6 Addition includes approval of development and final stage PUD plans, the
vacation of existing public street rights -of -way and drainage and utility easements with the
corresponding establishment of new street rights -of -way and drainage and utility easements to
reflect the revised plat design, the conveyance of small portions of existing City -owned outlots to
the developer to accommodate the revised plat design, and an amendment to the original SBF
development contract to extend the time of performance from November 30, 2010 to November
30, 2014.
The Planning Commission held a public hearing at their September 23, 2010 meeting and
unanimously recommended approval of the SBF 6 Addition preliminary and final plat,
development and final stage PUD, and easement vacation. There was no public comment.
Staff recommends approval of the planning applications which will allow continued development
in the SBF PUD.
Primary Issues to Consider
• Is SBF 6 Addition consistent with the approved SBF PUD?
The approved SBF PUD identifies the development of single family homes in this area of the
PUD. SBF 6t`' Addition proposes more cottage -style single family lots than the original SBF
plat to meet the current housing demand in Spirit of Brandtjen Farm. All lots in SBF 6th
Addition meet the performance standards of the approved SBF PUD.
• Why is the third amendment to the SBF development contract needed?
The original SBF development contract approved on October 17, 2005 included November
30, 2006 as the time of performance deadline for the installation of City streets and utilities.
The time of performance has been extended twice with City Council approval of previous
amendments to the SBF development contract due to the recent slow down in the housing
market to allow the developer additional time to complete street and utility construction.
• Have the stipulations listed in the planning and engineering reports been met?
The developer has submitted a landscape plan that includes plantings within Outlot B and
the street boulevards as well as the northerly shift of the trail segment within Outlot B as
identified in the September 15 planning report. In addition, the developer has submitted
signed easement agreements for the Dynamic Drive temporary turnaround, the temporary
drainage and utility easement within Outlot A for public storm sewer, and a permanent trail
easement to allow public access to the trail segment within Outlot B (which will be owned
and maintained by a homeowners association), all as identified in the September 1 6th
engineering report.
Supporting Information
• Resolution approving the Spirit of Brandtjen Farm 6 Addition preliminary and final plat and
development and final stage PUD.
• Resolution vacating public street rights -of -way and public drainage and utility easements.
• Resolution and quit claim deed approving the conveyance of City owned land.
• Third amendment to the SBF development contract.
• Signed development contract and PUD agreement, letter from US Bank, and cash payment.
• Warranty deed conveying Outlot A, SBF 6 Addition to the City.
• Signed roadway, drainage and utility, and trail easement agreements.
• Landscape plan.
• September 23, 2010 draft Planning Commission meeting minutes.
• September 22, 2010 draft Parks, Recreation and Natural Resources Committee meeting
minutes.
• September 15, 2010 planning report and September 16, 2010 and engineering report.
D
ey, Planni Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision ordinances, SBF PUD
Notes:
2
Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT AND
DEVELOPMENT AND FINAL STAGE PLANS FOR
SPIRIT OF BRANDTJEN FARM 6 ADDITION
WHEREAS, the owner of the plat described as Spirit of Brandtjen Farm 6th
Addition has requested preliminary and final plat and development and final stage plan
approval; and
WHEREAS, the preliminary and final plat and development and final stage plans
were reviewed by the Planning Commission and the Parks, Recreation and Natural
Resources Committee; and
WHEREAS, the preliminary and final plat and development and final stage plans
are acceptable to the City.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. The preliminary and final plat and development and final stage plans for Spirit
of Brandtjen Farm 6 Addition are hereby approved subject to the terms and
conditions of the Spirit of Brandtjen Farm Master Planned Unit Development
Stage Plan Agreement dated October 17, 2005.
2. The Mayor and City Clerk are hereby directed to sign the development
contract and planned unit development agreement, the third amendment to
the SBF 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.
ATTEST:
APPROVED AND ADOPTED this 4 th day of October, 2010.
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
CITY OF LAKEVILLE
BY:
Holly Dahl, Mayor
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 4 th day of October, 2010, as shown by the
minutes of said meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
ATTEST:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
RESOLUTION NO.
RESOLUTION VACATING PUBLIC STREET RIGHTS -OF -WAY
AND DRAINAGE AND UTILITY EASEMENTS
WHEREAS, the Planning Commission has conducted a public hearing, preceded
by two (2) weeks published notice, to consider the following described easement
vacation, and
WHEREAS, the City Council has determined that it is in the public interest to
approve the easement vacation.
NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council:
1. All public street rights -of -way and drainage and utility easements located
within the boundaries of the Spirit of Brandtjen Farm 6 Addition final plat,
which is legally described on the attached Exhibit A, are hereby vacated.
2. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 4 day of October, 2010.
CITY OF LAKEVILLE
Holly Dahl, Mayor
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
CITY OF LAKEVILLE )
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 4 th day of October, 2010, as shown by the
minutes of said meeting in my possession.
Charlene Friedges, City Clerk
(SEAL)
EXHIBIT A
All of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14, Block 9; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12,
Block 10; Lots 1, 2, 3, 4, and 5, Block 11; Outlot Q Outlot JJ, Outlot KK, and Outlot LL, all in SPIRIT OF
BRANDTJEN FARM, according to the recorded plat thereof, City of Lakeville, Dakota County, Minnesota.
AND
All that part of Early Dawn Trail, part of East Lake Trail, and part of Dynamic Drive, all in SPIRIT OF
BRANDTJEN FARM, according to the recorded plat thereof, City of Lakeville, Dakota County, Minnesota,
bounded by the following description:
Beginning at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM; thence North 03
degrees 30 minutes 37 seconds West (assumed bearing) on the west line of said Lot 13, a distance of
87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13, the southwest line of Lot 14,
said Block 9, and the south line of Lot 1, said Block 9, on a 50.67 foot radius curve to the left having a
central angle of 90 degrees 45 minutes 26 seconds; thence South 85 degrees 43 minutes 56 seconds
West on the south line of said Lot 1, a distance of 81.62 feet to the southwest corner of said Lot 1;
thence North 07 degrees 35 minutes 15 seconds West on the easterly right -of -way line of Eagleview
Drive, according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet; thence northeasterly 340.24 feet on
said easterly right -of -way line on a 550.00 foot radius curve to the right having a central angle of 35
degrees 26 minutes 39 seconds; thence North 27 degrees 51 minutes 25 seconds East on said easterly
right -of -way line, 21.79 feet; thence northeasterly 464.91 feet on said easterly right -of -way line on a
950.00 foot radius curve to the right having a central angle of 28 degrees 02 minutes 22 seconds; thence
North 55 degrees 53 minutes 47 seconds East on said easterly right -of -way line, 112.31 feet; thence
northeasterly 216.64 feet on said easterly right -of -way line on a 112.00 foot radius curve to the left, not
tangent to previous line, having a central angle of 110 degrees 49 minutes 42 seconds and a 184.41 foot
chord that bears North 63 degrees 58 minutes 03 seconds East to a point on the north line of said Outlot
JJ; thence North 72 degrees 02 minutes 19 seconds East, not tangent to previous curve, on said north
line, 74.69 feet to the northeast corner of said Outlot JJ; thence South 11 degrees 34 minutes 25
seconds East on the easterly line of said Outlot JJ, 305.67 feet; thence South 40 degrees 54 minutes 42
seconds East on said easterly line, 113.09 feet; thence South 77 degrees 27 minutes 01 seconds East on
said easterly line, 133.47 feet; thence South 68 degrees 55 minutes 03 seconds East on said easterly line,
115.61 feet; thence South 43 degrees 40 minutes 45 seconds West on said easterly line, 82.80 feet;
thence South 05 degrees 20 minutes 03 seconds West on said easterly line, 82.01 feet to the northeast
corner of said Outlot KK; thence South 18 degrees 06 minutes 38 seconds East on the easterly line of
said Outlot KK, 29.78 feet; thence South 03 degrees 12 minutes 23 seconds West on said easterly line,
68.15 feet; thence South 46 degrees 19 minutes 14 seconds East on said easterly line, 283.32 feet;
thence South 14 degrees 19 minutes 45 seconds East on said easterly line, 270.75 feet; thence South 35
degrees 02 minutes 08 seconds West on said easterly line, 119.03 feet; thence South 11 degrees 16
minutes 50 seconds West on said easterly line, 241.03 feet to the southeast corner of said Outlot KK;
thence North 64 degrees 43 minutes 38 seconds West on the southerly line of said Outlot KK, 215.99
feet; thence South 86 degrees 13 minutes 24 seconds West on said southerly line, 114.16 feet to the
southwest corner of said Outlot KK; thence South 21 degrees 16 minutes 14 seconds West on the
easterly line of said Outlot LL, 155.84 feet to the southeast corner of said Outlot LL; thence North 90
degrees 00 minutes 00 seconds West on the southerly line of said Outlot LL, 67.11 feet; thence North 37
degrees 00 minutes 02 seconds West on said southerly line, 6.39 feet; thence northwesterly 39.38 feet
on said southerly line on a 31.00 foot radius curve to the left having a central angle of 72 degrees 47
minutes 08 seconds; thence South 70 degrees 12 minutes 50 seconds West on said southerly line, 35.78
feet to southwest corner of said Outlot LL; thence northerly 26.14 feet, not tangent to previous line, on
the westerly line of said Outlot LL on a 274.00 foot radius curve to the right having a central angle of 05
degrees 27 minutes 59 seconds and a 26.13 foot chord that bears North 07 degrees 29 minutes 04
seconds West; thence North 04 degrees 45 minutes 04 seconds West on said westerly line; 380.74 feet;
thence northerly 72.50 feet on said westerly line and on a 974.00 foot radius curve to the right having a
central angle of 04 degrees 15 minutes 53 seconds to a point on the easterly extension of the north
right -of -way line of 167th Street West, according to said SPIRIT OF BRANDTJEN FARM; thence North 89
degrees 54 minutes 20 seconds West, not tangent to previous curve, on said north right -of -way line and
its easterly extension, 127.94 feet; thence westerly 136.93 feet on said north right -of -way line on a
474.00 foot radius curve to the right having a central angle of 16 degrees 33 minutes 06 seconds; thence
North 73 degrees 21 minutes 14 seconds West on said north right -of -way line, 51.01 feet to the
southwest corner of Lot 11, Block 9, said SPIRIT OF BRANDTJEN FARM; thence North 01 degrees 39
minutes 22 seconds East on the west line of said Lot 11, a distance of 132.79 feet to the northwest
corner of said Lot 11; thence North 75 degrees 01 minutes 49 seconds West on the north line of Lot 12,
said Block 9, a distance of 14.70 feet; thence North 60 degrees 28 minutes 19 seconds West on said
north line, 79.97 feet to the northwest corner of said Lot 12; thence South 01 degrees 39 minutes 22
seconds West on the west line of said Lot 12, a distance of 152.94 feet to the southwest corner of said
Lot 12; thence westerly 116.15 feet, not tangent to previous line, on the north right -of -way line of said
167th Street West, and on a 526.00 foot radius curve to the left having a central angle of 12 degrees 39
minutes 07 seconds and a 115.91 foot chord that bears North 84 degrees 45 minutes 53 seconds West;
thence South 88 degrees 54 minutes 34 seconds West on said north right -of -way line, 10.44 feet to the
point of beginning.
Date Resolution
Motion By Seconded By
WHEREAS, SBF Development Corp., a Minnesota corporation, is proposing to re-
plat numerous Tots and outlots within Spirit of Brandtjen Farm to be known as Spirit of
Brandtjen Farm 6th Addition. SBF Development Corp. is the fee owner of the majority of
the land that is proposed to be final platted as Spirit of Brandtjen Farm 6th Addition; and
WHEREAS, the proposed Spirit of Brandtjen Farm 6th Addition final plat includes
portions of City -owned land within Spirit of Brandtjen Farm, which land is legally described
on the attached Exhibit "A" and depicted on the attached sketches; and
WHEREAS, the City desires that the land described on the attached Exhibit "A"
and depicted on the attached sketches be conveyed to SBF Development Corp. for
inclusion in the final plat of Spirit of Brandtjen Farm 6th Addition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lakeville, Minnesota:
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION APPROVING CONVEYANCE OF
CITY -OWNED LAND FOR INCLUSION IN THE FINAL PLAT
OF SPIRIT OF BRANDTJEN FARM 6TH ADDITION
1. The City Council hereby approves the conveyance of the City -owned land
described on the attached Exhibit "A" and depicted on the attached sketches
to SBF Development Corp., a Minnesota corporation, for inclusion in the
final plat of Spirit of Brandtjen Farm 6th Addition.
2. The requirements of Minn. Stat. § 462.356, Subd. 2 are dispensed with the
Council finding that the proposed disposal of real property has no
relationship to the comprehensive municipal plan.
3. The Mayor and City Clerk are authorized to execute the necessary
documentation to convey and transfer title to the City -owned land to SBF
Development Corp., a Minnesota corporation, contingent upon the filing of
the final plat by January 14, 2011.
1
ADOPTED this 4th day of October, 2010, by the City Council of the City of
Lakeville, Minnesota.
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
( ss.
CITY OF LAKEVILLE )
BY:
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 4th day of October, 2010, as
shown by the minutes of said meeting in my possession.
Seal
Drafted By:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite 317
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN
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CITY OF LAKEVILLE
Holly Dahl, Mayor
Charlene Friedges
City Clerk
EXHIBIT "A"
Legal Description of City -owned Property
TRACT A:
All that part of Outlot JJ, SPIRIT OF BRANDTJEN FARM, according to the recorded
plat thereof, City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF
BRANDTJEN FARM; thence North 03 degrees 30 minutes 37 seconds West
(assumed bearing) on the west line of said Lot 13, a distance of 87.87 feet; thence
northwesterly 80.26 feet on the west line of said Lot 13, the southwest line of Lot 14,
said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot radius
curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence
South 85 degrees 43 minutes 56 seconds West on the south line of said Lot 1, a
distance of 81.62 feet to the southwest corner of said Lot 1; thence North 07 degrees
35 minutes 15 seconds West on the easterly right -of -way line of Eagleview Drive,
according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet; thence northeasterly
340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the right
having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27
degrees 51 minutes 25 seconds East on said easterly right -of -way line, 21.79 feet;
thence northeasterly 464.91 feet on said easterly right -of -way line on a 950.00 foot
radius curve to the right having a central angle of 28 degrees 02 minutes 22 seconds;
thence North 55 degrees 53 minutes 47 seconds East on said easterly right -of -way
line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM, said point also being the point of beginning; thence North 55
degrees 53 minutes 47 seconds East on said easterly right -of -way line, 1.19 feet;
thence South 45 degrees 08 minutes 35 seconds East, 247.16 feet; thence South 30
degrees 25 minutes 49 seconds East, 36.66 feet to a point on the northeasterly line of
said Block 11; thence North 35 degrees 01 minutes 29 seconds West on said
northeasterly line, 46.37 feet; thence North 45 degrees 08 minutes 35 seconds West
on said northeasterly line, 237.20 feet to the point of beginning.
TRACT C:
All that part of Outlot JJ, SPIRIT OF BRANDTJEN FARM, according to the recorded
plat thereof, City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF
BRANDTJEN FARM; thence North 03 degrees 30 minutes 37 seconds West
(assumed bearing) on the west line of said Lot 13, a distance of 87.87 feet; thence
northwesterly 80.26 feet on the west line of said Lot 13, the southwest line of Lot 14,
said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot radius
curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence
South 85 degrees 43 minutes 56 seconds West on the south line of said Lot 1, a
distance of 81.62 feet to the southwest corner of said Lot 1; thence North 07 degrees
35 minutes 15 seconds West on the easterly right -of -way line of Eagleview Drive,
according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet; thence northeasterly
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340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the right
having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27
degrees 51 minutes 25 seconds East on said easterly right -of -way line, 21.79 feet;
thence northeasterly 464.91 feet on said easterly right -of -way line on a 950.00 foot
radius curve to the right having a central angle of 28 degrees 02 minutes 22 seconds;
thence North 55 degrees 53 minutes 47 seconds East on said easterly right -of -way
line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM; thence South 45 degrees 08 minutes 35 seconds East on the
northeasterly line of said Block 11, a distance of 237.20 feet; thence South 35 degrees
01 minutes 29 seconds East on said northeasterly line, 86.34 feet; thence South 49
degrees 47 minutes 54 seconds East on said northeasterly line, 85.28 feet to the most
easterly corner of Lot 1, said Block 11; thence South 44 degrees 51 minutes 25
seconds West on the southeasterly line of said Lot 1, a distance of 58.40 feet to the
point of beginning; thence South 44 degrees 51 minutes 25 seconds West on said
southeasterly line, 77.78 feet to a point on the northerly right -of -way line of vacated
Dynamic Drive according to said SPIRIT OF BRANDTJEN FARM; thence South 59
degrees 14 minutes 03 seconds East on said northerly right -of -way line, 73.73 feet;
thence North 20 degrees 25 minutes 40 seconds West, 51.08 feet; thence North 11
degrees 43 minutes 08 seconds East, 45.94 feet to the point of beginning.
TRACT E:
All that part of Outlot KK, SPRIT QF BRANDTJEN FARM, according to the recorded
plat thereof, City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF
BRANDTJEN FARM; thence North 03 degrees 30 minutes 37 seconds West
(assumed bearing) on the west line of said Lot 13, a distance of 87.87 feet; thence
northwesterly 80.26 feet on the west line of said Lot 13, the southwest line of Lot 14,
said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot radius
curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence
South 85 degrees 43 minutes 56 seconds West on the south line of said Lot 1, a
distance of 81.62 feet to the southwest corner of said Lot 1; thence North 07 degrees
35 minutes 15 seconds West on the easterly right -of -way line of Eagleview Drive,
according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet; thence northeasterly
340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the right
having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27
degrees 51 minutes 25 seconds East on said easterly right -of -way line, 21.79 feet;
thence northeasterly 464.91 feet on said easterly right -of -way line on a 950.00 foot
radius curve to the right having a central angle of 28 degrees 02 minutes 22 seconds;
thence North 55 degrees 53 minutes 47 seconds East on said easterly right -of -way
line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM; thence South 45 degrees 08 minutes 35 seconds East on the
northeasterly line of said Block 11, a distance of 237.20 feet; thence South 35 degrees
01 minutes 29 seconds East on said northeasterly line, 86.34 feet; thence South 49
degrees 47 minutes 54 seconds East on said northeasterly line, 85.28 feet to the most
easterly corner of Lot 1, said Block 11; thence South 44 degrees 51 minutes 25
seconds West on the southeasterly line of said Lot 1, a distance of 136.18 feet to a
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point on the northerly right -of -way line of vacated Dynamic Drive according to said
SPIRIT OF BRANDTJEN FARM; thence South 59 degrees 14 minutes 03 seconds
East on said northerly right -of -way line, 120.87 feet to a point on the easterly right -of-
way line of said vacated Dynamic Drive; thence South 25 degrees 15 minutes 53
seconds West on said easterly right -of -way line, 54.10 feet to the point of beginning;
thence South 25 degrees 15 minutes 53 seconds West on said easterly right -of -way
line, 124.47 feet; thence southeasterly 55.31 feet on said easterly right -of -way line and
on a 38.00 foot radius curve to the left having a central angle of 83 degrees 23
minutes 31 seconds; thence South 58 degrees 07 minutes 38 seconds East on said
easterly right -of -way line, 44.03 feet; thence North 00 degrees 26 minutes 46 seconds
East, 184.30 feet to the point of beginning.
TRACT G:
All that part of Outlot KK, SPIRIT OF BRANDTJEN FARM, according to the recorded
plat thereof, City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF
BRANDTJEN FARM; thence North 03 degrees 30 minutes 37 seconds West
(assumed bearing) on the west line of said Lot 13, a distance of 87.87 feet; thence
northwesterly 80.26 feet on the west line of said Lot 13, the southwest line of Lot 14,
said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot radius
curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence
South 85 degrees 43 minutes 56 seconds West on the south line of said Lot 1, a
distance of 81.62 feet to the southwest corner of said Lot 1; thence North 07 degrees
35 minutes 15 seconds West on the easterly right -of -way line of Eagleview Drive,
according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet; thence northeasterly
340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the right
having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27
degrees 51 minutes 25 seconds East on said easterly right -of -way line, 21.79 feet;
thence northeasterly 464.91 feet on said easterly right -of -way line on a 950.00 foot
radius curve to the right having a central angle of 28 degrees 02 minutes 22 seconds;
thence North 55 degrees 53 minutes 47 seconds East on said easterly right -of -way
line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM; thence South 45 degrees 08 minutes 35 seconds East on the
northeasterly line of said Block 11, a distance of 237.20 feet; thence South 35 degrees
01 minutes 29 seconds East on said northeasterly line, 86.34 feet; thence South 49
degrees 47 minutes 54 seconds East on said northeasterly line, 85.28 feet to the most
easterly corner of Lot 1, said Block 11; thence South 44 degrees 51 minutes 25
seconds West on the southeasterly line of said Lot 1, a distance of 136.18 feet to a
point on the northerly right -of -way line of vacated Dynamic Drive according to said
SPIRIT OF BRANDTJEN FARM; thence South 59 degrees 14 minutes 03 seconds
East on said northerly right -of -way line, 120.87 feet to a point on the easterly right -of-
way line of said vacated Dynamic Drive; thence South 25 degrees 15 minutes 53
seconds West on said easterly right -of -way line, 178.57 feet; thence southeasterly
55.31 feet on said easterly right -of -way line and on a 38.00 foot radius curve to the left
having a central angle of 83 degrees 23 minutes 31 seconds; thence South 58
degrees 07 minutes 38 seconds East on said easterly right -of -way line, 54.93 feet;
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thence South 16 degrees 04 minutes 01 seconds West on said easterly right -of -way
line, 34.55 feet to the point of beginning; thence South 16 degrees 04 minutes 01
seconds West on said easterly right -of -way line, 71.78 feet; thence southerly 11.21
feet on said easterly right -of -way line and on a 274.00 foot radius curve to the left
having a central angle of 02 degrees 20 minutes 41 seconds; thence South 89
degrees 33 minutes 14 seconds East, 22.13 feet; thence North 00 degrees 26 minutes
46 seconds East, 79.99 feet to the point of beginning.
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6
DEED TAX DUE: $ 1.65
Date: , 2010.
(RESERVED FOR RECORDING INFORMATION)
QUIT CLAIM DEED
FOR VALUABLE CONSIDERATION, the CITY OF LAKEVILLE, a Minnesota municipal
corporation, Grantor, hereby conveys and quitclaims to SBF DEVELOPMENT CORP., a Minnesota
corporation, Grantee, real property in Dakota County, Minnesota, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF.
together with all hereditaments and appurtenances belonging thereto.
Check box if applicable:
The consideration for this transfer was less than $500.00.
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The Seller certifies that the Seller does not know of any wells on the described real property.
A well disclosure certificate accompanies this document.
I am familiar with the property described in this instrument and I certify that the status and
number of wells on the described real property have not changed since the last previously filed
well disclosure certificate.
1
LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(City-owned land to be included in final plat)
(
COUNTY OF DAKOTA )
STATE OF MINNESOTA
Check here if part or all of the land is Registered (Torrens) 0
154196v01
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ss.
CITY OF LAKEVILLE,
a Minnesota municipal corporation
By:
Holly Dahl, Mayor
By:
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of , 2010,
by Holly Dahl and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
Notary Public
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON SBF Development Corp.
Professional Association 16972 Brandtjen Farm Drive
317 Eagandale Office Center Lakeville, MN 55044
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN
2
Tax Statements for the real property described in this
instrument should be sent to (Include name and address of
Grantee):
LKVL: SPIRIT OF BRANDTJEN FARM 6TH ADD.
(City-owned land to be included in final plat)
EXHIBIT A
TO
QUIT CLAIM DEED
TRACT A:
All that part of Outlot JJ, SPIRIT OF BRANDTJEN FARM, according to the recorded plat thereof,
City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM;
thence North 03 degrees 30 minutes 37 seconds West (assumed bearing) on the west line of said Lot
13, a distance of 87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13, the
southwest line of Lot 14, said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot
radius curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence South 85
degrees 43 minutes 56 seconds West on the south line of said Lot 1, a distance of 81.62 feet to the
southwest corner of said Lot 1; thence North 07 degrees 35 minutes 15 seconds West on the easterly
right -of -way line of Eagleview Drive, according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet;
thence northeasterly 340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the
right having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27 degrees 51 minutes
25 seconds East on said easterly right -of -way line, 21.79 feet; thence northeasterly 464.91 feet on said
easterly right -of -way line on a 950.00 foot radius curve to the right having a central angle of 28
degrees 02 minutes 22 seconds; thence North 55 degrees 53 minutes 47 seconds East on said easterly
right -of -way line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM, said point also being the point of beginning; thence North 55 degrees 53
minutes 47 seconds East on said easterly right -of -way line, 1.19 feet; thence South 45 degrees 08
minutes 35 seconds East, 247.16 feet; thence South 30 degrees 25 minutes 49 seconds East, 36.66 feet
to a point on the northeasterly line of said Block 11; thence North 35 degrees 01 minutes 29 seconds
West on said northeasterly line, 46.37 feet; thence North 45 degrees 08 minutes 35 seconds West on
said northeasterly line, 237.20 feet to the point of beginning
TRACT C:
All that part of Outlot JJ, SPIRIT OF BRANDTJEN FARM, according to the recorded plat thereof,
City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM;
thence North 03 degrees 30 minutes 37 seconds West (assumed bearing) on the west line of said Lot
13, a distance of 87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13, the
southwest line of Lot 14, said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot
radius curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence South 85
degrees 43 minutes 56 seconds West on the south line of said Lot 1, a distance of 81.62 feet to the
southwest corner of said Lot 1; thence North 07 degrees 35 minutes 15 seconds West on the easterly
right -of -way line of Eagleview Drive, according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet;
thence northeasterly 340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the
right having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27 degrees 51 minutes
25 seconds East on said easterly right -of -way line, 21.79 feet; thence northeasterly 464.91 feet on said
easterly right -of -way line on a 950.00 foot radius curve to the right having a central angle of 28
degrees 02 minutes 22 seconds; thence North 55 degrees 53 minutes 47 seconds East on said easterly
right -of -way line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM; thence South 45 degrees 08 minutes 35 seconds East on the northeasterly line
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LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(City-owned land to be included in final plat)
of said Block 11, a distance of 237.20 feet; thence South 35 degrees 01 minutes 29 seconds East on
said northeasterly line, 86.34 feet; thence South 49 degrees 47 minutes 54 seconds East on said
northeasterly line, 85.28 feet to the most easterly corner of Lot 1, said Block 11; thence South 44
degrees 51 minutes 25 seconds West on the southeasterly line of said Lot 1, a distance of 58.40 feet to
the point of beginning; thence South 44 degrees 51 minutes 25 seconds West on said southeasterly
line, 77.78 feet to a point on the northerly right -of -way line of vacated Dynamic Drive according to
said SPIRIT OF BRANDTJEN FARM; thence South 59 degrees 14 minutes 03 seconds East on said
northerly right -of -way line, 73.73 feet; thence North 20 degrees 25 minutes 40 seconds West, 51.08
feet; thence North 11 degrees 43 minutes 08 seconds East, 45.94 feet to the point of beginning.
TRACT E:
All that part of Outlot KK, SPIRIT OF BRANDTJEN FARM, according to the recorded plat thereof,
City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM;
thence North 03 degrees 30 minutes 37 seconds West (assumed bearing) on the west line of said Lot
13, a distance of 87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13, the
southwest line of Lot 14, said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot
radius curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence South 85
degrees 43 minutes 56 seconds West on the south line of said Lot 1, a distance of 81.62 feet to the
southwest corner of said Lot 1; thence North 07 degrees 35 minutes 15 seconds West on the easterly
right -of -way line of Eagleview Drive, according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet;
thence northeasterly 340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the
right having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27 degrees 51 minutes
25 seconds East on said easterly right -of -way line, 21.79 feet; thence northeasterly 464.91 feet on said
easterly right -of -way line on a 950.00 foot radius curve to the right having a central angle of 28
degrees 02 minutes 22 seconds; thence North 55 degrees 53 minutes 47 seconds East on said easterly
right -of -way line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM; thence South 45 degrees 08 minutes 35 seconds East on the northeasterly line
of said Block 11, a distance of 237.20 feet; thence South 35 degrees 01 minutes 29 seconds East on
said northeasterly line, 86.34 feet; thence South 49 degrees 47 minutes 54 seconds East on said
northeasterly line, 85.28 feet to the most easterly corner of Lot 1, said Block 11; thence South 44
degrees 51 minutes 25 seconds West on the southeasterly line of said Lot 1, a distance of 136.18 feet
to a point on the northerly right -of -way line of vacated Dynamic Drive according to said SPIRIT OF
BRANDTJEN FARM; thence South 59 degrees 14 minutes 03 seconds East on said northerly right -of-
way line, 120.87 feet to a point on the easterly right -of -way line of said vacated Dynamic Drive;
thence South 25 degrees 15 minutes 53 seconds West on said easterly right -of -way line, 54.10 feet to
the point of beginning; thence South 25 degrees 15 minutes 53 seconds West on said easterly right -of-
way line, 124.47 feet; thence southeasterly 55.31 feet on said easterly right -of -way line and on a 38.00
foot radius curve to the left having a central angle of 83 degrees 23 minutes 31 seconds; thence South
58 degrees 07 minutes 38 seconds East on said easterly right -of -way line, 44.03 feet; thence North 00
degrees 26 minutes 46 seconds East, 184.30 feet to the point of beginning
TRACT G:
All that part of Outlot KK, SPIRIT OF BRANDTJEN FARM, according to the recorded plat thereof,
City of Lakeville, Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM;
thence North 03 degrees 30 minutes 37 seconds West (assumed bearing) on the west line of said Lot
13, a distance of 87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13, the
southwest line of Lot 14, said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot
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LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(City-owned land to be included in final plat)
radius curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence South 85
degrees 43 minutes 56 seconds West on the south line of said Lot 1, a distance of 81.62 feet to the
southwest corner of said Lot 1; thence North 07 degrees 35 minutes 15 seconds West on the easterly
right -of -way line of Eagleview Drive, according to said SPIRIT OF BRANDTJEN FARM, 17.64 feet;
thence northeasterly 340.24 feet on said easterly right -of -way line on a 550.00 foot radius curve to the
right having a central angle of 35 degrees 26 minutes 39 seconds; thence North 27 degrees 51 minutes
25 seconds East on said easterly right -of -way line, 21.79 feet; thence northeasterly 464.91 feet on said
easterly right -of -way line on a 950.00 foot radius curve to the right having a central angle of 28
degrees 02 minutes 22 seconds; thence North 55 degrees 53 minutes 47 seconds East on said easterly
right -of -way line, 67.04 feet to the most northerly corner of Lot 5, Block 11, said SPIRIT OF
BRANDTJEN FARM; thence South 45 degrees 08 minutes 35 seconds East on the northeasterly line
of said Block 11, a distance of 237.20 feet; thence South 35 degrees 01 minutes 29 seconds East on
said northeasterly line, 86.34 feet; thence South 49 degrees 47 minutes 54 seconds East on said
northeasterly line, 85.28 feet to the most easterly corner of Lot 1, said Block 11; thence South 44
degrees 51 minutes 25 seconds West on the southeasterly line of said Lot 1, a distance of 136.18 feet
to a point on the northerly right -of -way line of vacated Dynamic Drive according to said SPIRIT OF
BRANDTJEN FARM; thence South 59 degrees 14 minutes 03 seconds East on said northerly right -of-
way line, 120.87 feet to a point on the easterly right -of -way line of said vacated Dynamic Drive;
thence South 25 degrees 15 minutes 53 seconds West on said easterly right -of -way line, 178.57 feet;
thence southeasterly 55.31 feet on said easterly right -of -way line and on a 38.00 foot radius curve to
the left having a central angle of 83 degrees 23 minutes 31 seconds; thence South 58 degrees 07
minutes 38 seconds East on said easterly right -of -way line, 54.93 feet; thence South 16 degrees 04
minutes 01 seconds West on said easterly right -of -way line, 34.55 feet to the point of beginning;
thence South 16 degrees 04 minutes 01 seconds West on said easterly right -of -way line, 71.78 feet;
thence southerly 11.21 feet on said easterly right -of -way line and on a 274.00 foot radius curve to the
left having a central angle of 02 degrees 20 minutes 41 seconds; thence South 89 degrees 33 minutes
14 seconds East, 22.13 feet; thence North 00 degrees 26 minutes 46 seconds East, 79.99 feet to the
point of beginning
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LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(City-owned land to be included in final plat)
THIRD AMENDMENT TO
DEVELOPMENT CONTRACT AND PLANNED UNIT DEVELOPMENT
FINAL PLAN
FOR
SPIRIT OF BRANDTJEN FARM
AGREEMENT dated , 2010, by and between the CITY OF LAKEVILLE, a
Minnesota municipal corporation ( "City "), and SBF DEVELOPMENT CORP., a Minnesota corporation
(the "Developer").
1. EXISTING AGREEMENTS. The parties have previously entered into a Development
Contract and Planned Unit Development Final Plan for SPIRIT OF BRANDTJEN FARM dated October
17, 2005, and recorded with the office of the Dakota County Recorder on January 20, 2006 as Abstract
Document No. 2398821 and with the Dakota County Registrar of Titles Office on January 20, 2006 and
as Torrens Document No. 583309 (the "Agreement "). The Agreement has been amended by a First
Amendment to Development Contract and Planned Unit Development Final Plan dated January 17, 2006
( "First Amendment "), and by a Second Amendment to Development Contract and Planned Unit
Development Final Plan dated December 15, 2008 ( "Second Amendment "). The First Amendment and
Second Amendment have not been recorded with the County. The Agreement, the First Amendment
and the Second Amendment which are incorporated herein by this reference shall remain in full force and
effect except as specifically modified by this Third Amendment.
154150v01
SRN:09/28/2010
1
2. TIME OF PERFORMANCE. Paragraph 12 of the Agreement and Paragraph 2 of the
Second Amendment are amended by deleting "November 30, 2006" and "November 30, 2010"
respectively, and inserting in "November 30, 2014" in place of both deleted dates.
(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
BY:
Holly Dahl Mayor
AND
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2010, by Holy Dahl and by Charlene Friedges, the Mayor and City Clerk of the City
of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
154150v01
SRN:09/28/2010
NOTARY PUBLIC
2
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK
154150v01
SRN:09/28/2010
ss.
DEVELOPER:
SBF DEVELOPMENT-90R
BY:
3
The for going instrument was acknowledged before me this h day of
SCpHrri e, 2010, by 1. J/ O1 y //E - BA-k the
P i, EE iDS� -A r of SBF Development Corp., a Minnesota corporation,
on its behalf.
NO S 01 - 11
Y PUBLIC
(reserved for recording information)
DEVELOPMENT CONTRACT
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(Developer Installed Improvements)
SPIRIT OF BRANDTJEN FARM
6TH ADDITION
AGREEMENT dated , 2010, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ( "City "), and SBF DEVELOPMENT CORP., a
Minnesota corporation (the "Developer").
1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The
Developer has asked the City to approve a plat and planned unit development for SPIRIT OF BRANDTJEN
FARM 6TH ADDITION (referred to in this Contract as the "plat "). The land is situated in the City of Lakeville,
County of Dakota, State of Minnesota, and is legally described on the attached Exhibit "A ". The Spirit of
Brandtjen Farm 6th Addition site is zoned PUD, Planned Unit Development, and is subject to the provisions
of Ordinance Number 787 approved by the Lakeville City Council on June 20, 2005, as well as the
requirements listed in the Spirit of Brandtjen Farm Planned Unit Development Plan Booklet dated June 20,
2005 ( "SBF PUD Booklet ").
2. CONDITIONS OF PLAT AND PLANNED UNIT DEVELOPMENT APPROVAL. The City
hereby approves the plat and planned unit development on condition that the Developer enter into this
154070v04 1 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of
Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Without the written permission of the City, within the plat or land to
be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer
lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following
conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the
City Clerk, 2) the necessary security has been received by the City, and 3) the plat has been filed with the
Dakota County Recorder's Office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges, sanitary sewer charges,
and storm sewer charges referred to in this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such
charges will be calculated and imposed when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. 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 fifteen (15) years from the date of the SBF
PUD Stage Plan Agreement, no amendments to the City's Comprehensive Plan, except an amendment
placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the
use, development density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in
this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with
any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
154070v04 2 LKVL: OF BRANDTJEN FARM 6TH ADD.
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7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A and B, the plans may
be prepared, subject to City approval, after entering the Contract, but before commencement of any work in
the plat. The erosion control plan may also be approved by the Dakota County Soil and Water
Conservation District. If the plans vary from the written terms of this Contract, the written terms shall
control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. 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 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
154070v04 3 LKVL:SruuT OF BRANDTJEN FARM 6TH ADD.
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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 his engineer shall schedule a pre- construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot
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.
9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
• Dakota County for County Road Access and Work in County Rights -of -Way
• MnDot for State Highway Access
• Minnesota Department of Health for Watermains
• NPDES Permit for Stormwater Connections
• MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
• DNR for Dewatering
154070v04 4 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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• City of Lakeville for Building Permits
• MCES for Sanitary Sewer Connections
• 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, 2011, 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
additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation
and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area
that is inactive for more than seven (7) days unless authorized and approved by the City Engineer. Except
as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current
seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly
154070v04 5 LKVL:SrnuT OF BRANDTJEN FARM 6TH ADD.
SRN:r09 /29/2010 (SBF Development Corp.)
as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule or supplementary instructions received from the City or
the Dakota County Soil and Water Conservation District, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and City's rights or obligations
hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within
ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street
construction will be allowed and no building permits will be issued unless the plat is in full compliance with
the approved erosion control plan.
15. GRADING PLAN. The plat shall be graded in accordance with the approved grading
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 one model home permit on a lot acceptable to the Building Official), the Developer shall
provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer
that all storm water treatment basins, swales, and ditches have been constructed on public easements or
land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a)
cross sections of storm water treatment basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, ditches, locations and dimensions of borrow areas /stockpiles, and installed
"conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City
Code Section 10- 3 -5.NN. The City will withhold issuance of building permits until the approved certified
grading plan is on file with the City and all erosion control measures are in place as determined by the City
Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been
monitored and constructed to meet or exceed FHA/HUD 79G specifications.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
154070v04 6 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
SRN:r09 /29/2010 (SBF Development Corp.)
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 his engineer on status or
problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City's in -house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated
construction cost.
19. RIGHT -OF -WAY AND BOUNDARY /PROPERTY LINE ADJUSTMENTS EAST OF
EAGLEVIEW DRIVE. The Spirit of Brandtjen Farm 6th Addition final plat includes adjustments to
previously established right -of -way and boundary/property lines east of Eagleview Drive. As a result of
the revised site layout, the plat includes the net acquisition of 0.139 acres of City -owned property
(portions of Outlots JJ, KK and LL, Spirit of Brandtjen Farm). The Developer will acquire the City -owned
property and reimburse the City for the area difference. Outlots JJ and LL, Spirit of Brandtjen Farm were
conveyed to the City with the Spirit of Brandtjen Farm final plat and acquired at the rate of $5,500.00 per
acre. Outlot KK, Spirit of Brandtjen Farm was conveyed to the City with the Spirit of Brandtjen Farm final
plat and acquired at the rate of $91,625.00 per acre. The reimbursement due the City shall be paid by
the Developer at the time of final plat approval and is calculated as follows:
154070v04 7 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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Outlot KK, Spirit of Brandtjen Farm
0.156 acres (net area) x $91,625/acre (acquisition rate) = $14,293.50
Outlots JJ & LL, Spirit of Brandtien Farm
0.017 acres (net area) x $5,500 /acre (acquisition rate) = $93.50
The balance due the City for the land acquisition of 0.139 acres of City -owned outlots is then calculated
as follows:
Acquisition of portions of Outlot KK, Spirit of Brandtjen Farm
Less Conveyance of portions of Outlots JJ & LL, Spirit of Brandtjen Farm
Balance Due the City
$ 14,293.50
($93.50)
$ 14,200.00
20. STORM SEWER. Development of Spirit of Brandtjen Farm 6th Addition includes public
storm sewer construction. 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 existing City -owned
stormwater basins located east of and adjacent to the site (Outlot C, Spirit of Brandtjen Farm 6th
Addition).
The trunk storm sewer area charge for the Spirit of Brandtjen Farm 6th Addition was paid with the
Spirit of Brandtjen Farm final plat in 2005; therefore, no storm sewer area charge is due with this phase
of development or when Outlot A, Spirit of Brandtjen Farm 6th Addition develops. The Developer has a
trunk storm sewer area charge credit of $254,853.19. The acquisition cost of Outlot KK, Spirit of
Brandtjen Farm of $14,200.00 outlined in Paragraph 19 above will be applied to the existing trunk storm
sewer area charge credit. The resulting trunk storm sewer credit balance of $240,653.19 shall be
applied to future phases of the Spirit of Brandtjen Farm development.
21. SANITARY SEWER. Development of Spirit of Brandtjen Farm 6th Addition includes public
sanitary sewer construction. Five of the lots will utilize existing sanitary sewer services previously installed
with Spirit of Brandtjen Farm improvements. Two of the lots will require new sanitary sewer services.
Service to the remaining lots within sub - district NC -20070 will be provided by the extension of 8 -inch
sanitary sewer within the subdivision from an existing sanitary sewer stub located at the intersection of
167th Street and Dynamic Drive. Two existing sanitary sewer services will be permanently abandoned in
accordance with the City's construction standards. Service to the lots located within sub - district NC -20050
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will be provided by the future extension of sanitary sewer within the subdivision via a future connection to
the MCES Lakeville Interceptor located near the southwest corner of Outlot GG, Spirit of Brandtjen Farm.
The sanitary sewer trunk area charge for the Spirit of Brandtjen Farm 6th Addition preliminary and
final plat was paid with the Spirit of Brandtjen Farm plat in 2005; therefore, no sanitary sewer availability
charge is due with this phase of development or when Outlot A, Spirit of Brandtjen Farm 6th Addition
develops.
22. WATERMAIN. Development of Spirit of Brandtjen Farm 6th Addition includes public
watermain construction. Five of the Tots will utilize existing water services previously installed with Spirit of
Brandtjen Farm improvements. Two of the lots will require new water services. Service to the remaining
two lots within the Spirit of Brandtjen Farm 6th Addition final plat will be provided by the extension of 8 -inch
watermain within the subdivision from an existing watermain stub located at the intersection of 167th Street
and Dynamic Drive. Two existing water services will be permanently abandoned in accordance with the
City's construction standards. Development of Spirit of Brandtjen Farm 6th Addition will not require
watermain extension within Eagleview Drive. Service to the lots located within Outlot A, Spirit of Brandtjen
Farm 6th Addition will be provided by the future extension of watermain within the subdivision from an
existing watermain stub located in Eagleview Drive.
The Developer received credit for the trunk watermain improvements within Eagleview Drive with
the Spirit of Brandtjen Farm plat; therefore, no additional credit will be applied with this phase of
development or when Outlot A, Spirit of Brandtjen Farm 6th Addition develops.
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to Eagleview Drive via 170th Street.
24. TRAILS AND SIDEWALKS. Development of Spirit of Brandtjen Farm 6th Addition will not
require public trail construction. The Spirit of Brandtjen Farm 6th Addition preliminary plat includes a trail
corridor that crosses through Outlot A, B and C. The trail corridor will provide a connection to Eagleview
Drive and the existing trail encircling the stormwater /infiltration basins, as well as the existing internal trail
system within the Spirit of Brandtjen Farm subdivision. The proposed trail corridor consists of a 5 -foot
154070v04 9 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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wide concrete sidewalk within Outlot A and an 8 -foot wide bituminous trail within Outlots B and C. The
Developer is responsible for the cost of construction of all sidewalks and trails shown on the Spirit of
Brandtjen Farm 6th Addition plans subject to the following modifications:
• Either a temporary trail segment shall be made to connect the existing sidewalk on the east side
of Eagleview Drive adjacent to proposed Lot 2, Block 4 (preliminary plat) with the trail segment
proposed to be constructed within Outlot B with the development of Spirit of Brandtjen Farm 6th
Addition final plat improvements, or the trail segment proposed within Outlot B shall be
constructed when Outlot A, Spirit of Brandtjen Farm 6th Addition develops.
• The entire length of the permanent trail connection proposed within Outlot B shall be bituminous
for continuity.
• The trail segment proposed within Outlot B shall be shifted to the north to provide adequate
separation between the trail and the rear single family lot lines for the installation of a landscaped
buffer screen. A landscape plan which includes this buffer screen must be submitted for City staff
review prior to City Council consideration and approval of the preliminary and final plats.
• The proposed trail segment within Outlot C adjacent to Lot 6, Block 3 (preliminary plat) shall be
constructed when Outlot A, Spirit of Brandtjen Farm 6th Addition is developed and the trail
segment within Outlot C is connected to Eagleview Drive in order to avoid a dead -end trail
segment.
The existing trail encircling the stormwater /infiltration basins (Outlot C, Spirit of Brandtjen Farm
6th Addition) will be extended in the future to Eagleview Drive when Outlot A, Spirit of Brandtjen Farm
6th Addition develops. The Developer will rough grade the trail base with the Spirit of Brandtjen Farm
6th Addition improvements.
The trails will be publicly accessible, but privately maintained by the management association.
The City granted the Developer an access easement for maintenance purposes within City -owned
outlots as part of the Spirit of Brandtjen Farm plat. Before the City considers and approves the final plat,
the Developer must establish and grant to the City a permanent public ingress /egress easement set forth
more specifically in Subparagraph 29(1), for the outlots containing publicly accessible, privately owned
and maintained trails (Outlots A and B, Spirit of Brandtjen Farm 6th Addition.
25. PARK DEDICATION. The City's Parks, Trails and Open Space Plan does not designate
any area within the proposed plat as future park land. The City park dedication requirement for the Spirit
of Brandtjen Farm 6th Addition preliminary and final plat was paid with the Spirit of Brandtjen Farm plat in
154070v04 10 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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2005; therefore, no park dedication is due with Spirit of Brandtjen Farm 6th Addition or when Outlot A, Spirit
of Brandtjen Farm 6th Addition develops. The Developer has a park dedication credit of $331,857.22 that
shall be applied to future phases of the Spirit of Brandtjen Farm development.
26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat.
Suitable deciduous trees include:
Birch Honeylocust Maple
Ginkgo (male only) Kentucky Coffee Oak
Hackberry Linden (Basswood)
Suitable coniferous trees include:
Fir European Larch
Colorado Blue & Green Spruce Cedar
Black Hills Spruce Austrian Pine
Canadian Hemlock White Pine
Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such
as bug infestation or weak bark, are prohibited. The minimum deciduous tree size shall be two and one -half
(2'h) inches caliper, either bare root in season, or balled and burlapped. Evergreen trees must be at least
six feet (6') tall. The trees may not be planted in the boulevard. 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 is constructed on a lot. Before a
building permit is issued, a cash escrow or letter of credit in the amount of $2,000.00 per lot shall be
furnished the City to guarantee compliance with the erosion control, grading and landscaping requirements.
If the final grading and landscaping 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 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.
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27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the September 16, 2010,
Engineering report.
B. Implementation of the recommendations of the Parks, Recreation, and Natural
Resources Committee.
C. Before the City signs the final plat, the Developer shall convey Outlot C, Spirit of
Brandtjen Farm 6th Addition to the City by warranty deed, free and clear of any and all encumbrances.
This land will be conveyed at no cost to the City.
D. The Spirit of Brandtjen Farm 6th Addition preliminary and final plat must be
developed consistent with SBF PUD Stage Plan Agreement approved June 20, 2005.
E. Lots within Spirit of Brandtjen Farm 6th Addition must be regulated based on
minimum width requirements, setbacks and design standards established by the SBF PUD Booklet dated
June 20, 2005 applicable to the lot designations shown on the preliminary plat.
F. Before the City signs the final plat, the Developer must submit a letter from its
bank stating the existing Letter of Credit submitted for the Spirit of Brandtjen Farm Development Contract
shall also provide the necessary security for the Spirit of Brandtjen Farm 6th Addition Development
Contract, including all of the required Developer - installed improvements.
G. Before the City signs the final plat, the Developer must submit a landscape plan for
public boulevards and privately maintained /publicly accessible open space.
H. Block 1 as shown on the preliminary plat shall not be final platted until such time as
the Developer provides for construction of Eagleview Drive and public utilities through the intersection with
Dynamic Drive to include a temporary cul -de -sac at its northeastern terminus.
I. The Developer shall construct a temporary cul -de -sac at the north terminus of
Dynamic Drive within Outlot A as shown on the final plat plans. The Developer shall install barricades and
signs that read "Future Street Connection" at the terminus. Before the City signs the final plat, the
Developer shall furnish the City an appropriately executed temporary roadway, drainage and utility
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easement across Outlot A, Spirit of Brandtjen Farm 6th Addition for the Dynamic Drive temporary cul -de-
sac.
J. Before the City signs the final plat, the Developer shall furnish the City an
appropriately executed permanent easement for public ingress /egress access purposes over the publicly
accessible /privately maintained open space areas within Outlot A and B, Spirit of Brandtjen Farm 6th
Addition.
K. Before the City signs the final plat, the Developer shall furnish the City an
appropriately executed temporary drainage and utility easement across Outlot A, Spirit of Brandtjen Farm
6th Addition for public storm sewer purposes.
L. Documents including the modifications of the Tots and open space within Spirit of
Brandtjen Farm 6th Addition as part of the SBF Master Homeowners Association are required to provide
for long -term ownership and maintenance. These documents are subject to review and approval of the
City Attorney.
M. The Developer shall pay a cash fee for the preparation of record construction
drawings and City base map updating. This fee is $75.00 per lot and is calculated as follows:
18 lots /outlots x $75.00/lot or outlot = $1,350.00
N. 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. The
Developer shall also submit one complete set of reproducible construction plans on Mylar.
28. SUMMARY OF SECURITY REQUIREMENTS. The Developer provided a letter of credit as
security for the Developer - installed improvements relating to the Spirit of Brandtjen Farm final plat. No
additional security is required with the Spirit of Brandtjen Farm 6th Addition final plat, as the bank will issue
a letter to the City stating that the existing Spirit of Brandtjen Farm Letter of Credit ( "security ") shall also
guarantee the securities for Spirit of Brandtjen Farm 6th Addition development contract, including the
Developer installed improvements. The City may draw down the security, without notice, for any violation
154070v04 13 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the
required public improvements are not completed at least thirty (30) days prior to the expiration of the
security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure
the default. Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval the security may be reduced from time to
time by ninety percent (90 %) of the financial obligations that have been satisfied. Ten percent (10 %) of the
amounts certified by the Developer's engineer shall be retained as security until all 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.
29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City at the time of final plat approval:
City Base Map Updating
TOTAL CASH REQUIREMENT
Developer Credits:
Park Dedication Credit
Trunk Storm Sewer Credit
Total Development Credits
$ 1,350.00
$ 1,350.00
$ 331,857.22
240,653.19
$ 572,510.41*
* TO BE APPLIED TO FUTURE PHASES OF THE SPIRIT OF BRANDTJEN
FARM DEVELOPMENT.
30. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until
154070v04 14 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
31. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection
with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and inspecting development of
the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees, and agents
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City
may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18 %) per year.
154070v04 15 LKVL:SruuT OF BRANDTJEN FARM 6TH ADD.
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F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "),
City water connection charges, City sewer connection charges, and building permit fees.
32. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty -eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
33. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the
City may, at its option, refuse to allow construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private
streets prior to issuance of any building permits, except one model home on a lot acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance
is required prior to the construction of any model homes.
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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. The Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and /or has obtained consents to this Contract, in the
form attached hereto, from all parties who have an interest in the property; that there are no unrecorded
interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
Developer shall take out and maintain or cause to be taken out and maintained until
six (6) months after the City has accepted the public improvements, public liability and property damage
insurance covering personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on
the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate
154070v04 17 LKVL:SPIRIT OF BRANDTJEN FARM 6m ADD.
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evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with
plans and specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City
Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and
specifications. All retaining walls identified on the development plans or by special conditions referred to in
this Contract shall be constructed before any other building permit is issued for a lot on which a retaining
wall is required to be built.
34. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16972 Brandtjen Farm Drive, Lakeville, Minnesota 55044. Notices to the City shall be
in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail
in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue,
Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
154070v04 18 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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(SEAL)
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
CITY OF LAKEVILLE
BY:
AND
Holly Dahl, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of ,
2010, by Holly Dahl and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
NOTARY PUBLIC
154070v04 19 LKVL:SPHUT OF BRANDTJEN FARM 6TH ADD.
SRN:r09 /29/2010 (SBF Development Corp.)
STATE OF MINNESOTA
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was
2010, by T )/ iDe �/U 13i4
SBF Development Corp., a Minnesota
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
RNK:srn
DEVELOPER:
SBF DEVELOPMENT C RP.
BY:
154070v04 20
cknowledged before me this 2 q _day of Sa4071 h t_I
/ the Reg6i />s/V'T of
corporation, on behalf of the corporation.
NOTARY PUBLIC
r.. Rachel +_ynn Halverson
Notary Public
Minnesota
y , Commission Expires January 31, 2014
LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
SRN:r09 /29/2010 (SBF Development Corp.)
AND
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
SPIRIT OF BRANDTJEN FARM 6TH ADDITION
All of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14, Block 9; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12,
Block 10; Lots 1, 2, 3, 4 and 5, Block 11; Outlot Q, Outlot JJ, Outlot KK and Outlot LL, all in SPIRIT OF
BRANDTJEN FARM, according to the recorded plat thereof, City of Lakeville, Dakota County, Minnesota.
All that part of Early Dawn Trail, part of East Lake Trail, and part of Dynamic Drive, all in SPIRIT OF
BRANDTJEN FARM, according to the recorded plat thereof, City of Lakeville, Dakota County, Minnesota,
bounded by the following description:
Beginning at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM;
thence North 03 degrees 30 minutes 37 seconds West (assumed bearing)on the west line of said
Lot 13, a distance of 87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13,
the southwest line of Lot 14, said Block 9, and the south line of Lot 1, said Block 9, on a 50.67
foot radius curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence
South 85 degrees 43 minutes 56 seconds West on the south line of said Lot 1, a distance of
81.62 feet to the southwest corner of said Lot 1; thence North 07 degrees 35 minutes 15 seconds
West on the easterly right -of -way line of Eagleview Drive, according to said SPIRIT OF
BRANDTJEN FARM, 17.64 feet; thence northeasterly 340.24 feet on said easterly right -of -way
line on a 550.00 foot radius curve to the right having a central angle of 35 degrees 26 minutes 39
seconds; thence North 27 degrees 51 minutes 25 seconds East on said easterly right -of -way line,
21.79 feet; thence northeasterly 464.91 feet on said easterly right -of -way line on a 950.00 foot
radius curve to the right having a central angle of 28 degrees 02 minutes 22 seconds; thence
North 55 degrees 53 minutes 47 seconds East on said easterly right -of -way line, 112.31 feet;
thence northeasterly 216.64 feet on said easterly right -of -way line on a 112.00 foot radius curve
to the left, not tangent to previous line, having a central angle of 110 degrees 49 minutes 42
seconds and a 184.41 foot chord that bears North 63 degrees 58 minutes 03 seconds East to a
point on the north line of said Outlot JJ; thence North 72 degrees 02 minutes 19 seconds East,
not tangent to previous curve, on said north line, 74.69 feet to the northeast corner of said Outlot
JJ; thence South 11 degrees 34 minutes 25 seconds East on the easterly line of said Outlot JJ,
305.67 feet; thence South 40 degrees 54 minutes 42 seconds East on said easterly line, 113.09
feet; thence South 77 degrees 27 minutes 01 seconds East on said easterly line, 133.47 feet;
thence South 68 degrees 55 minutes 03 seconds East on said easterly line, 115.61 feet; thence
South 43 degrees 40 minutes 45 seconds West on said easterly line, 82.80 feet; thence South 05
degrees 20 minutes 03 seconds West on said easterly line, 82.01 feet to the northeast corner of
said Outlot KK; thence South 18 degrees 06 minutes 38 seconds East on the easterly line of said
Outlot KK, 29.78 feet; thence South 03 degrees 12 minutes 23 seconds West on said easterly
line, 68.15 feet; thence South 46 degrees 19 minutes 14 seconds East on said easterly line,
283.32 feet; thence South 14 degrees 19 minutes 45 seconds East on said easterly line, 270.75
feet; thence South 35 degrees 02 minutes 08 seconds West on said easterly line, 119.03 feet;
154070v04 21 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
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thence South 11 degrees 16 minutes 50 seconds West on said easterly line, 241.03 feet to the
southeast corner of said Outlot KK; thence North 64 degrees 43 minutes 38 seconds West on the
southerly line of said Outlot KK, 215.99 feet; thence South 86 degrees 13 minutes 24 seconds
West on said southerly line, 114.16 feet to the southwest corner of said Outlot KK; thence South
21 degrees 16 minutes 14 seconds West on the easterly line of said Outlot LL, 155.84 feet to the
southeast corner of said Outlot LL; thence North 90 degrees 00 minutes 00 seconds West on the
southerly line of said Outlot LL, 67.11 feet; thence North 37 degrees 00 minutes 02 seconds West
on said southerly line, 6.39 feet; thence northwesterly 39.38 feet on said southerly line on a 31.00
foot radius curve to the left having a central angle of 72 degrees 47 minutes 08 seconds; thence
South 70 degrees 12 minutes 50 seconds West on said southerly line, 35.78 feet to southwest
corner of said Outlot LL; thence northerly 26.14 feet, not tangent to previous line, on the westerly
line of said Outlot LL on a 274.00 foot radius curve to the right having a central angle of 05
degrees 27 minutes 59 seconds and a 26.13 foot chord that bears North 07 degrees 29 minutes
04 seconds West; thence North 04 degrees 45 minutes 04 seconds West on said westerly line,
380.74 feet; thence northerly 72.50 feet on said westerly line and on a 974.00 foot radius curve to
the right having a central angle of 04 degrees 15 minutes 53 seconds to a point on the easterly
extension of the north right -of -way line of 167th Street West, according to said SPIRIT OF
BRANDTJEN FARM; thence North 89 degrees 54 minutes 20 seconds West, not tangent to
previous curve, on said north right -of -way line and its easterly extension, 127.94 feet; thence
westerly 136.93 feet on said north right -of -way line on a 474.00 foot radius curve to the right
having a central angle of 16 degrees 33 minutes 06 seconds; thence North 73 degrees 21
minutes 14 seconds West on said north right -of -way line, 51.01 feet to the southwest corner of
Lot 11, Block 9, said SPIRIT OF BRANDTJEN FARM; thence North 01 degrees 39 minutes 22
seconds East on the west line of said Lot 11, a distance of 132.79 feet to the northwest corner of
said Lot 11; thence North 75 degrees 01 minutes 49 seconds West on the north line of Lot 12,
said Block 9, a distance of 14.70 feet; thence North 60 degrees 28 minutes 19 seconds West on
said north line 79.97 feet to the northwest corner of said Lot 12; thence South 01 degrees 39
minutes 22 seconds West on the west line of said Lot 12, a distance of 152.94 feet to the
southwest corner of said Lot 12; thence westerly 116.15 feet, not tangent to previous line, on the
north right -of -way line of said 167th Street West, and on a 526.00 foot radius curve to the left
having a central angle of 12 degrees 39 minutes 07 seconds and a 115.91 foot chord that bears
North 84 degrees 45 minutes 53 seconds West; thence South 88 degrees 54 minutes 34 seconds
West on said north right -of -way line, 10.44 feet to the point of beginning.
154070v04 22 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
SRN:r09 /29/2010 (SBF Development Corp.)
em bank.
usbank.com
Commercial Real Estate
800 Nicollet Mall, 3rd Floor
BC- MN -H03A
Minneapolis, MN 55402
September 27, 2010
City of Lakeville
Daryl Morey, Planning Director
20195 Holyoke Ave.
Lakeville, MN 55044
To Whom It May Concern:
This letter confirms that U.S. Bank National Association provides as security to the City of
Lakeville, that Standby Letter of Credit #SLCMMSPO4081 securing the improvements for Spirit
of Brandtjen Farm, all Additions. Specifically, Letter of Credit # SLCMMSPO4081 as provided
by U.S. Bank, secures improvements to the Spirit of Brandtjen Farm, 6 Addition. If you have
questions, or require additional clarification, please contact us.
ely,
7
Paul Berg
Vice President
U.S. Bank National Association
WARRANTY DEED
Corporation or Partnership to Corporation or Partnership
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( ) filed ( ) not required
Certificate of Real Estate Value No.
By
,2
STATE DEED TAX DUE HEREON: $1.65
County Auditor
Deputy
DA1ED: , 2010
FOR VALUABLE CONSIDERATION, SBF DEVELOPMENT CORP., a Minnesota corporation,
Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a municipal corporation under the laws of
the State of Minnesota, Grantee, real property in Dakota County, Minnesota, described as follows:
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
(NONE)
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE ABOVE DESCRIBED REAL PROPERTY.
THE TOTAL CONSIDERATION FOR THIS TRANSFER
1S LESS THAN $500.00.
AFFIX DEED TAX STAMP HERE
STATE OF MINNESOTA )
( ss.
COUNTY OF 1)}1607.0%.
by 7. J/4CDj3 EN and by the pe6S(.1
of SBF Development Corp., a Minnesota corporation, on behalf of the corporation.
(NOTARY SEAL)
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, MN 55121
Telephone: (651) 452 -5000
SRN:ms
154147v01
SRN:09/28/2010
Outlot C, SPIRIT OFBRANDTJENFARM 6TH ADDITION, according to the
recorded plat thereof Dakota County, Minnesota,
Rachel Lynn Halverson
Notary Public
Minnesota
My Commission Expires January 31, 2014
(if more space is needed, continue on back)
(reserved for recording data)
Q
The foregoing instrument was acknowledged before me this 2 [ day of -S - IYI bLY , 2010,
Re i
Signature of Person Taking Acknowledgment
TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO (INCLUDE NAME AND ADDRESS OF
GRANTEE):
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
and the
LKVL:SPIRrr OF BRANDTJEN FARM 6TH ADD.
(Outlot C — Stormwater Treatment/Infiltration Basins)
154103v01
SRN:09/23/2010
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
FOR PUBLIC INGRESS/EGRESS ACCESS
AND TRAIL PURPOSES
SBF DEVELOPMENT CORP., a Minnesota corporation, hereinafter referred to as
"Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent easement
for public ingress /egress access and trail purposes over, across, on and through land situated within the
County of Dakota, State of Minnesota, as described on the attached Exhibit "A" and depicted on the
attached easement sketch.
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon
the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain
said public ingress /egress access and trail systems over, across, on, under, and through the easement
premises, together with the right to grade, level, fill, drain, excavate and pave the easement premises,
and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of said public ingress /egress access and trail systems.
1
LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(Outlots A &B - Ingress/Egress Over Open Space Areas)
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described easement premises; that
it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests
in the easement premises; and that it will indemnify and hold the City harmless for any breach of the
foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this Easement this ma
of 514rtX/' , 2010.
STATE OF MINNESOTA )
( ss.
COUNTY OF )
2010, by , ul, elk_ the r eS; du -
Development Corp., a Minnesota corporation, on behalf of the corporation.
4 itL,
NOTARY PUBLIC
The foregoing instrument was acknowledged before me this 2.' day of s {r' Ifs"
of SBF
Rachel Lynn Halverson
Notary Public
Minnesota
My commission Expires January 31, 2014
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452 -5000
SRN:ms
154103v01
SRN:09/23/2010
GRANTOR:
SBF DEVELOPMENT CORP.
BY:
2 LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(Outlots A &B - Ingress/Egress Over Open Space Areas)
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
EASEMENT DESCRIPTION
PROPOSED INGRESS/EGRESS AND TRAIL EASEMENT:
An 12.00 foot wide easement for ingress, egress, and trail purposes over, under, and across all that
part of Block 9, and that part of vacated East Lake Trail, all in SPIRIT OF BRANDTJEN FARM,
according to the recorded plat thereof, City of Lakeville, Dakota County, Minnesota, the centerline
of said easement to be described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM;
thence North 03 degrees 30 minutes 37 seconds West (assumed bearing) on the west line of said Lot
13, a distance of 87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13, the
southwest line of Lot 14, said Block 9, and the south line of Lot 1, said Block 9, and on a 50.67 foot
radius curve to the left having a central angle of 90 degrees 45 minutes 26 seconds; thence South 85
degrees 43 minutes 56 seconds West on the south line of said Lot 1, a distance of 81.62 feet to the
southwest corner of said Lot 1; thence North 07 degrees 35 minutes 15 seconds West on the easterly
right -of -way line of Eagleview Drive, according to said SPIRIT OF BRANDTJEN FARM, 17.64
feet; thence northeasterly 224.92 feet on said easterly right -of -way line on a 550.00 foot radius
curve to the right having a central angle of 23 degrees 25 minutes 49 seconds to the point of
beginning of the centerline to be described; thence South 73 degrees 02 minutes 43 seconds East,
158.85 feet; thence southeasterly 25.33 feet on a 20.00 foot radius curve to the right having a central
angle of 72 degrees 33 minutes 04 seconds; thence South 00 degrees 29 minutes 39 seconds East,
21.93 feet; thence southeasterly 53.55 feet on a 50.00 foot radius curve to the left having a central
angle of 61 degrees 22 minutes 08 seconds; thence southeasterly 31.02 feet on a 49.75 foot radius
curve to the right having a central angle of 35 degrees 43 minutes 28 seconds; thence southeasterly
20.62 feet on a 50.00 foot radius curve to the left having a central angle of 23 degrees 37 minutes 32
seconds; thence South 49 degrees 45 minutes 51 seconds East, 114.04 feet; thence southeasterly
49.95 feet on a 100.00 foot radius curve to the left having a central angle of 28 degrees 37 minutes
06 seconds; thence South 78 degrees 22 minutes 57 seconds East, 146.03 feet and there terminating.
The sidelines of said easement are to be lengthened or shortened to intersect with the easterly right -
of -way line of Eagleview Drive.
154103v01
LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
3
SRN:09/23/2010 (Outlots A &B - Ingress/Egress Over Open Space Areas)
C1—
oc
g.
NA
fY@
s
3 w 88A
282 Rg 8:
1
r
L
0
154101v01
SRN:09/23/2010
(reserved for recording information)
GRANT OF TEMPORARY
ROADWAY, DRAINAGE AND UTILITY EASEMENT
SBF DEVELOPMENT CORP., a Minnesota corporation, hereinafter referred to as
"Grantor ", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City ", its successors and assigns, a temporary easement for
public roadway, drainage and utility purposes over, across, on and through the property described in
the attached Exhibit "A" and depicted on the attached easement sketch (the "Easement Premises ").
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement and expiring when the property subject to this
easement is final platted into lots and blocks, together with the right of ingress to and egress from
the Easement Premises, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns; it being the
intention of the parties hereto that the Grantor hereby grants the uses herein specified without
1
LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(Outlot A - Dynamic Drive Temp. Cul -de -Sac)
divesting itself of the right to use and enjoy the above described temporary Easement Premises,
subject only to the right of the City to use the same for the purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any restoration or
replacement costs or damages resulting from the construction and maintenance of the Easement
Premises. It is further understood that vegetation will be removed and that excavation will occur on
the Easement Premises
The above named Grantor, its successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described Easement Premises;
that it has the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the Easement Premises; and that it will indemnify and hold the City harmless for any
breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and
year first above written.
154101v01
SRN:09/23/2010
GRANTOR:
SBF DEVELOPMENT C
BY:
2
Its
LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(Outlot A - Dynamic Drive Temp. Cul -de -Sac)
STATE OF MINNESOTA
COUNTY OF PAICOrA
The foregoing inst
2010, by �. Jf tlg
) ss.
Development Corp., a Minnesota
Rachel Lynn Halverson
Notary Public
Minnesota
My Commission Expires January 31, 2014
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN
154101v01
SRN:09/23/2010
. nlv rA v acknowledged be ore me this day of S MOG ✓ ,
of SBF
the r e S; d e _ _ _
corporation, on behalf of the corporation.
NOTARY PUBLIC
3
LKVL: SPIRIT OF BRANDTJEN FARM 6TH ADD.
(Outlot A - Dynamic Drive Temp. Cul -de -Sac)
154101v01
SRN:09/23/2010
EXHIBIT "A"
TO
GRANT OF TEMPORARY EASEMENT
Property and Easement Descriptions
Temporary Roadway, Drainage and Utility Easement:
A temporary easement for roadway, drainage, and utility purposes over, under, and across all that
part of Block 9; part of Block 10; part of Block 11; Outlot Q; part of Outlot JJ; part of vacated
Early Dawn Trail, part of vacated East Lake Trail, and part of vacated Dynamic Drive; all in
SPIRIT OF BRANDTJEN FARM, according to the recorded plat thereof, City of Lakeville,
Dakota County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 13, Block 9, said SPIRIT OF BRANDTJEN FARM;
thence North 03 degrees 30 minutes 37 seconds West (assumed bearing) on the west line of said
Lot 13, a distance of 87.87 feet; thence northwesterly 80.26 feet on the west line of said Lot 13,
the southwest line of Lot 14, said Block 9, and the south line of Lot 1, said Block 9, and on a
50.67 foot radius curve to the left having a central angle of 90 degrees 45 minutes 26 seconds;
thence South 85 degrees 43 minutes 56 seconds West on the south line of said Lot 1, a distance
of 81.62 feet to the southwest corner of said Lot 1; thence North 07 degrees 35 minutes 15
seconds West on the easterly right -of -way line of Eagleview Drive, according to said SPIRIT OF
BRANDTJEN FARM, 17.64 feet; thence northeasterly 131.48 feet on said easterly right -of -way
line on a 550.00 foot radius curve to the right having a central angle of 13 degrees 41 minutes 47
seconds to the point of beginning; thence northeasterly 208.77 feet on said easterly right -of -way
line on a 550.00 foot radius curve to the right having a central angle of 21 degrees 44 minutes 53
seconds; thence North 27 degrees 51 minutes 25 seconds East on said easterly right -of -way line,
21.79 feet; thence northeasterly 464.91 feet on said easterly right -of -way line on a 950.00 foot
radius curve to the right having a central angle of 28 degrees 02 minutes 22 seconds; thence
North 55 degrees 53 minutes 47 seconds East on said easterly right -of -way line, 68.23 feet;
thence South 45 degrees 08 minutes 35 seconds East; 247.16 feet; thence South 30 degrees 25
minutes 49 seconds East, 108.55 feet; thence South 17 degrees 46 minutes 20 seconds East,
48.55 feet; thence South 11 degrees 43 minutes 08 seconds West, 67.34 feet; thence South 82
degrees 14 minutes 45 seconds West, 306.69 feet; thence North 22 degrees 05 minutes 05
seconds West, 42.87 feet; thence North 45 degrees 08 minutes 35 seconds West, 75.08 feet;
thence southwesterly 170.89 feet, not tangent to previous line, on a 796.46 foot radius curve to
the left having a central angle of 12 degrees 17 minutes 37 seconds and a 170.56 foot chord that
bears South 32 degrees 39 minutes 10 seconds West; thence southwesterly 91.31 feet, not
tangent to previous curve, on a 392.50 foot radius curve to the left having a central angle of 13
degrees 19 minutes 43 seconds and a 91.10 foot chord that bears South 21 degrees 25 minutes 44
seconds West; thence South 06 degrees 06 minutes 32 seconds West, not tangent to previous
curve, 59.07 feet; thence North 83 degrees 53 minutes 28 seconds West, 161.97 feet to the point
of beginning
4
LKVL:SPIRIT OF BRANDTJEN FARM 6TH ADD.
(Outlot A - Dynamic Drive Temp. Cul -de -Sac)
(reserved for recording information)
GRANT OF TEMPORARY BLANKET EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
SBF DEVELOPMENT CORP., a Minnesota corporation, hereinafter referred to as
"Grantor ", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
grant unto the CITY OF LAKEVILLE, a municipal corporation organized under the laws of
the State of Minnesota, the Grantee, hereinafter referred to as the "City ", its successors
and assigns, a temporary easement for public drainage and utility purposes over, under
and across all of Outlot A, SPIRIT OF BRANDTJEN FARM 6TH ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota, as depicted on the attached sketch
drawing.
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns,
commencing upon execution of this easement document and expiring when Outlot A is
final platted into lots and blocks, together with the right of ingress to and egress from the
property, for the purpose of constructing, reconstructing, inspecting, repairing, and
maintaining the property of the City, at the will of the City, its successors and assigns; it
being the intention of the parties hereto that the Grantor hereby grants the uses herein
specified without divesting itself of the right to use and enjoy the above described
temporary easement premises, subject only to the right of the City to use the same for the
purposes herein expressed.
It is understood by the Grantor that the City shall not be responsible for any
restoration or replacement costs or damages resulting from the construction and
maintenance of the easement premises. It is further understood that vegetation will be
removed and that excavation will occur on the easement premises.
The above named Grantor, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described
easement premises; that it has the sole right to grant and convey the easement to the City;
154100v01
SRN:09/23/2010
1
LKVL:SPauT OF BRANDTJEN FARM 6TH ADD. (Temp.
Blnkt D &U Easmt Over Outlot A - Public Storm Sewer)
that there are no unrecorded interests in the easement premises; and that it will indemnify
and hold the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day
and year first above written.
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
SRN:ms
154100v01
SRN:09/23/2010
Rachel Lynn Halverson
Notary Public
Minnesota
My Commission Expires January 31, 2014
GRANTOR:
SBF DEVELOPMENT ; RP.
BY:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF `i )
The foregoing instrument was acknowledged before me this 21 tilda of
ccp cienbC✓ , 2010, by 7. Ll f o9 �/1/�$,'k the
t � n � J of SBF Development Corp., a Minnesota
corporation, on behalf of the corporation.
NOTARY PUBLIC
2 LKVL: SPIRIT OF BRANDTJEN FARM 6TH ADD. (Temp.
Blnkt D &U Easmt Over Outlot A - Public Storm Sewer)
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DRAFT
issioner Drotning felt that this extension should not be granted and if Mr.
Dunha chooses to develop the property for outdoor storage, he should have to re-
apply for conditional use permit and meet the ordinance standards that are in
place at that time.
Commissioner Grenz asked'how many more extensions Mr. Dunham could request.
Mr. Morey indicated that Mr. D5 nham could request an extension every year if his
extension requests are granted.
10.39 Motion was made and seconded to recommenT City Council approval of a one
year extension for CUP 08 -13 for Dennis Dunham as pr\ted.
Ayes: Maguire, Lillehei, Davis, Adler.
Nays: Grenz, Drotning. Both felt that Mr. Dunham should have to r ply for a
CUP when he chooses to construct the building and meet the standar s the
ITEM 6. SPIRIT OF BRANDTJEN FARM 6TH ADDITION
Planning Commission Meeting
September 23, 2010
Page 2
Chair Davis opened the public hearing to consider the request of Tradition
Development for the following, located north of 170th Street and east of Eagleview
Drive: 1) A preliminary plat of 29 single family lots to be known as Spirit of
Brandtjen Farm 6th Addition; 2) Vacation of existing public street rights -of -way and
drainage and utility easements in Spirit of Brandtjen Farm. In addition, consider
the application of Tradition Development for the final plat of 15 single family lots to
be known as Spirit of Brandtjen Farm 6th Addition. The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
Jacob Fick from Tradition Development presented an overview of their request. Mr.
Fick referred to the letter that was received from Attorney Gary M. Peterson, who
represents the bank that owns Lot 12, Block 9, Spirit of Brandtjen Farm. Mr. Fick
indicated the concerns of Mr. Peterson focuses around Outlot B. He stated that
Outlot B will be a publically accessible open space area to be owned and maintained
by a homeowners association (HOA). Outlot B will not be developed as single
family lots in the future. He also stated that Tradition Development will work
through a technicality of the current HOA documents to address one of the
concerns raised in Mr. Peterson's letter. Mr. Fick feels the use of Outlot B as open
space will increase the value of the lot Mr. Peterson represents.
Daniel Licht from The Planning Company presented the planning report. Mr. Licht
stated that Planning Deparlment staff recommends approval of the preliminary and
DRAFT
Planning Commission Meeting
September 23, 2010
Page 3
final plat and easement vacation subject to the 12 stipulations listed in the
September 15, 2010 planning report.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
10.40 Motion was made and seconded to close the public hearing at 6:20 p.m.
Ayes: Lillehei, Davis, Adler, Grenz, Drotning, Maguire.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Asked staff to clarify the sidewalk /trail recommendations listed in
Stipulation 3 of the September 15, 2010 planning report. Mr. Licht and
Assistant City Engineer Zach Johnson responded.
• Asked the City Attorney's legal opinion regarding Mr. Peterson's letter. City
Attorney Roger Knutson responded that it is a private matter the City does
not have jurisdiction over.
10.41 Motion was made and seconded to recommend to City Council approval of the
Spirit of Brandtjen Farm 6th Addition preliminary plat of 29 single family lots and
final plat of 15 single family residential lots and vacation of existing public street
rights -of -way and drainage and utility easements, located north of 170th Street and
east of Eagleview Drive, subject to the following stipulations:
1. The SBF 6th Addition preliminary and final plat shall be development
consistent with the SBF PUD approved on June 20, 2005.
2. Lots shall be regulated based on minimum width requirements, setbacks and
design standards established by the SBF PUD Booklet dated June 20, 2005
applicable to the lot designations shown on the preliminary plat.
3. The developer is responsible for the cost of construction of all sidewalks and
trails shown on the SBF 6th Addition plans subject to the following
modifications:
a. Either a temporary trail segment shall be made to connect the existing
sidewalk on the east side of Eagleview Drive adjacent to proposed Lot
2, Block 4 with the trail segment proposed to be constructed within
Outlot B with the development of the SBF 6th Addition final plat
improvements, or the trail segment proposed within Outlot B shall be
constructed when Outlot A of the SBF 6th Addition final plat is
developed.
b. The entire length of the permanent trail connection proposed within
Outlot B shall be bituminous for continuity purposes.
c. The trail segment proposed within Outlot B shall be shifted to the
north to provide adequate separation between the trail and the rear
single family lot lines for the installation of a landscaped buffer screen.
A landscape plan which includes this buffer screen must be submitted
for staff review prior to City Council consideration of the preliminary
and final plat.
d. The proposed trail segment within Outlot C adjacent to Lot 6, Block 3
(preliminary plat) shall be constructed when Outlot A of the SBF 6th
Addition final plat is developed and the trail segment within Outlot C
is connected to Eagleview Drive in order to avoid a dead -end trail
segment.
4. A landscape plan for public boulevards and privately maintained /publicly
accessible open space shall be submitted prior to City Council consideration
of the preliminary and final plat.
5. Block 1 as shown on the preliminary plat shall not be final platted until such
time as the developer provides for construction of Eagleview Drive through
the intersection with Dynamic Drive to include a temporary cul -de -sac at its
northeastern terminus.
6. The developer shall construct a temporary cul -de -sac at the north terminus of
Dynamic Drive within Outlot A as shown on the final plat plans.
7. The developer shall submit a $14,200 payment to the City for the land
transfer related to the transfer of property between the City and developer as
shown on Exhibit I of the planning report dated September 15, 2010.
8. Public access easements must be provided over the publicly
accessible /privately maintained open space areas within Outlots A and B.
9. All easements shall be subject to review and approval of the City Engineer
10. All grading and drainage issues shall be subject to review and approval of
the City Engineer.
11. All utility plans shall be subject to review and approval of the City Engineer.
12. Documents including the modifications of the lots and open space within.
SBF 6th Addition as part of the SBF Master Homeowners Association are
required to provide for long -term ownership and maintenance. These
documents are subject to review and approval by the City Attorney.
Ayes: Davis, Adler, Grenz, Drotning, Maguire, Lillehei.
Nays: 0
DRAFT
:1011 •
Planning Commission Meeting
September 23, 2010
Page 4
Chair Davis opened the public hearing to consi. e - uest of D. R. Horton, Inc -
Minnesota for the following, located south of 202nd Street (CSAH ,
Parks, Recreation & Natural Resources Committee Meeting Minutes, September 22, 2010 Page 2
n landowners is this affecting?
• NN
Al: They wi • - _ g with approximately 1,000 landowners over the next 10 years.
Are they working to decrease nitrates?
Al: The buffer will be one solution to the nitrates. They will also work with farmers to reduce their use
of nitrates on their land.
Are there improvements that need to be addressed in Lakeville's portion of the river?
AJi -Work to be done in Lakeville includes ldbifizing stream banks and dealing with storm water.
ITEM 7 SBF 6 Addition preliminary and final plat
Staff reviewed plat details with committee members. This plat has been changed from the original
plan to allow for combined and shared greenspace. This is another addition as part of a major 500 -
acre development plan. Due to considerable credits still remaining from the original plat, park
dedication fees have already been accounted for. The original approved plat provided for sidewalks
and trail connections as this large plat progressed. All requirements for sidewalks and trails are being
met by the developer. There are recommended modifications to the sidewalk and trail construction
plan, which are all noted in the report.
(10.12) Motion made by Kelly, seconded by Peterson to recommend City Council consider
approval of SBF 6 Addition preliminary and final plat as submitted. The developer will be required to
provide all sidewalks and trails, including recommended modifications by Planning and Engineering
and noted in the planning report.
Finally, the developer is required to follow other recommendations outlined in the Planning and
Engineering reports as they pertain to this plat. The developer is also required to follow the natural
resources requirement detailed to the Planning and Engineering reports associated with tree
preservation, grading, drainage, and erosion control and further recommendations by the Dakota
County Soil and Water Conservation District, if applicable.
Ayes -7 Nays -0
Motion passed.
Heights preliminary and final plat
Sta iewed plat details with committee members. It will allow the connection of water to a
previous p . Nearby. Committee members questioned the safety of access to the development off
202 Street and 1 •ere will still be pedestrian access into the park. Review of the Parks & Recreation
Comprehensive System • n indicates no park requirements associated with this plat. Those Tots
previously platted under Out. : of Village Creek previously met their park dedication requirements
with the dedication of Village Creek k. Those platted lots east of Aronson Park will be required to
pay a park dedication fee at the time of-final plat. Staff is recommending a 5' wide sidewalk be
installed on the west side of Hampton Avenue. The developer will also be required to construct a 10'
wide trail between lots 5 and 6, plot 3 as depicted on the plat when Outlot A develops. The access
trail will be paid for and restored 100% by the developer. A cash escrow for a future trail along 202
St. will be collected as part of the plat when it develops.
(10.13) Motion made by Goodwin, seconded by Lovelace to recommend City Council consider
approval of Boulder Heights preliminary and final plat and easement vacation. No park dedication
requirements will be required as part of this preliminary and final plat. Sidewalks, trails and park
dedication fees will be required of Outlot A when the plat is brought forward and approved by City
Council.
TPC
MEMORANDUM
TO: Daryl Morey
FROM: Daniel Licht, AICP
DATE: 15 September 2010
RE: Lakeville — SBF 6 Addition
TPC FILE: 135.02 — 10.01
BACKGROUND
SBF Development Corporation (aka Tradition Development) has submitted preliminary
and final plat and right -of -way and easement vacation applications and plans for Spirit
of Brandtjen Farm 6 Addition. The plans propose changes to the design of a portion
of the Spirit of Brandtjen Farm (SBF) plat approved in 2005.
The SBF 6 Addition preliminary plat proposes 29 single family Tots and the vacation of
underlying drainage and utility easements and street rights -of -way that were established
with the Spirit of Brandtjen Farm final plat. The SBF 6 Addition final plat proposes 15
single family lots in the first phase.
The subject site is zoned PUD, Planned Unit Development District. The SBF
preliminary plat and PUD was approved by the City Council on 20 June 2005 and the
final plat was approved on 17 October 2005.
Exhibits:
A. Location Map
B. SBF 6 Addition
C. SBF 6 Addition
D. SBF 6 Addition
E. SBF 6 Addition
F. SBF 6 Addition
G. SBF 6 Addition
H SBF 6 Addition
I. SBF 6 Addition
J. SBF 6 Addition
K. SBF 6 Addition
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCQPIanningCo.com
Preliminary Plat
Preliminary Layout Plan
Removal Plan
Preliminary Grading Plan (2 sheets)
Preliminary Utility Plan (2 sheets)
Spot Elevation Plan
Preliminary SWWPP (2 sheets)
Area Exhibit
Vacation Exhibit
Final Plat (2 sheets)
Item No.
Direction
Land Use Plan
Zoning
Existing Use
North
Low Density Residential (SBF)
PUD
Undeveloped
East
Private Owned /Public Accessible
Open Space
PUD
Stormwater
Basin/Trail
South
Low Density Residential (SBF)
PUD
Single Family
West
Parks and Open Space
POS
East Lake
ANALYSIS
Design Modifications. The final plat for Spirit of Brandtjen Farm was approved in
2005. The developer is proposing modifications to the design of the single family lots
and privately maintained /publicly accessible open space located north of 167 Street
and east of Eagleview Drive. The original SBF preliminary and final plat includes 30 lots
within the area east of Eagleview Drive that are included in the SBF 6 Addition
preliminary plat. The proposed preliminary plat has 29 lots within the same area (not
including one existing lot that is not owned by Tradition Development and is not being
re- platted). The privately maintained /publicly accessible green at the northeast corner
of Eagleview Drive and East Lake Trail established on the original SBF preliminary and
final plat is also removed as is the right -of -way for East Lake Trail and Early Dawn Trail.
The privately maintained /publicly accessible open space has been shifted to the center
of the block bordered by Eagleview Drive, 167 Street and Dynamic Drive. Five lots are
also shifted east of Dynamic Drive to back up to lake open space within Outlot C. The
developer indicates that these proposed changes are in response to market feedback
regarding the original design of the subdivision to create additional walk -out lots as well
as provide greater separation at the rear of the homes within this area.
Comprehensive Plan. The 2008 Comprehensive Land Use Plan guides the subject
site for low density residential uses at Tess than 3.0 dwelling units per acre anticipating
single family residential development. The proposed SBF 6 Addition is consistent with
the Comprehensive Plan.
SBF Land Use Plan. The SBF Land Use Plan included as page 3.4 of the SBF PUD
Booklet dated 20 June 2005 anticipates development of the subject site with Low
Density Residential Land Uses. The proposed single family lots and privately
maintained /publicly accessible open space is consistent with this designation. The
number of proposed lots is less than previously approved and within the 2,109 total
dwelling units allowed within the overall SBF development.
Surrounding Land Use. The subject site is surrounded by the following land uses.
The proposed single family lots will be compatible with existing and planned uses in the
area.
MUSA. The subject site is within the MUSA and sanitary sewer and water utilities are
available to the property to accommodate the proposed preliminary plat.
Zoning. The subject site is zoned PUD, Planned Unit Development District subject to
the provisions of Ordinance Number 787 approved by the City Council on 20 June
2005.
2
Lot
Designation
Proposed 6
Addition
Cottage
19
Traditional
9
Estate
1
Lot Requirements. There is no minimum lot area required by the SBF PUD District.
Rather, Tots are regulated based on minimum width requirements, setbacks and design
standards established by the SBF PUD Booklet dated 20 June 2005. The proposed
preliminary plat includes the following lots:
All of the proposed single family Tots are consistent with the requirements established by
the chart on Page 7.1 of the SBF PUD Booklet dated 20 June 2005 based on the
cottage, traditional or estate lot designation shown on the preliminary plat.
Streets. The changes to the subdivision design affect the layout of streets within the
preliminary plat by eliminating East Lake Trail and Early Dawn Trail. The alignment of
Dynamic Drive is also altered to provide a larger radius curve at Lot 2, Block 5, SBF 6th
Addition (preliminary plat). The typical street section designs for Eagleview Drive and
Dynamic Drive within the preliminary plat are consistent with the design requirements of
the SBF PUD Booklet.
Right -of -way for Eagleview Drive has been dedicated with the original SBF final plat to
provide for an MSA specification divided parkway, but it not proposed for construction at
this time. Development of the lots within Block 1 and construction of the carriage way
accessing these lots will require construction of Eagleview Drive from 167 Street to the
temporary cul -de -sac beyond Dynamic Drive to comply with access and frontage
requirements of the Zoning Ordinance.
Dynamic Drive is to be extended from 167 Street west to provide access to the lots
within Blocks 1 and 2 of the SBF 6 Addition final plat. A 52 foot wide right -of -way is to
be dedicated with the SBF 6 Addition final plat and to include the construction of a 28
foot wide street (curb face to curb face). The construction plans illustrate provision of a
temporary cul -de -sac at the north terminus of Dynamic Drive within Outlot A.
Lots 1 -4, Block 3 of the SBF 6 Addition final plat will have access from the existing
loop street surrounding the neighborhood green at the northwest corner of Eagleview
Drive and 167 Street.
Sidewalk/Trails. The preliminary plat provides sidewalks along both sides of the public
streets consistent with the street section design requirements included with the SBF
PUD Booklet. With East Lake Trail being removed east of Eagleview Drive, a trail is
provided adjacent to the carriage way within Outlot A and extending through Outlot B
between Eagleview Drive and Dynamic Drive to maintain the pedestrian connectivity
within this area of the development. This trail connection aligns with an access on the
east side of Dynamic Drive to the planned trail loop around the stormwater basin and
lake area providing connection to the Farmstead Preservation Area consistent with the
3
Purpose
Outlots
Carriage Way
A
Publicly accessible /privately maintained open space
B
Stormwater Basin (deeded to City)
C
SBF concept plan for the open space elements of the overall development. The
developer is responsible for the cost of construction of all sidewalks and trails shown on
the submitted plans. City staff is recommending the following modifications to the trail
and sidewalk construction proposed on the preliminary plat plans:
• Either a temporary trail segment shall be made to connect the existing sidewalk
on the east side of Eagleview Drive adjacent to proposed Lot 2, Block 4 with the
trail segment proposed to be constructed within Outlot B with the development of
the SBF 6 Addition final plat improvements, or the trail segment proposed within
Outlot B shall be constructed when Outlot A of the SBF 6 Addition final plat is
developed.
• The entire length of the permanent trail connection within Outlot B shall be
bituminous surface for continuity purposes.
• The trail segment proposed within Outlot B shall be shifted to the north to provide
adequate separation between the trail and the rear single family lot lines for the
installation of a landscaped buffer screen. A landscape plan which includes this
buffer screen must be submitted for staff review prior to City Council
consideration of the preliminary and final plat.
• The proposed trail segment within Outlot C adjacent to Lot 6, Block 3 (preliminary
plat) shall be constructed when Outlot A of the SBF 6 Addition final plat is
developed and the trail segment within Outlot C is connected to Eagleview Drive
in order to avoid a dead -end trail segment.
Landscape Plan. A landscape plan for the public streets was approved with the
original preliminary plat. A revised landscape plan must be submitted with the final plat
based on the revised subdivision design for SBF 6 Addition.
Park Dedication. No public park land will be dedicated to the City as part of SBF 6th
Addition.
Outlots. The SBF 6 Addition preliminary plat includes three outlots:
The final plat also includes three outlots, with Outlots A and B having the same purpose
as the preliminary plat. Outlot A on the final plat is the future development phase and
will be retained by the developer.
In order to accommodate the revised design changes, east of Dynamic Drive there is a
necessary transfer of property between land platted as Outlots JJ, KK and LL, Spirit of
Brandtjen Farm that were deeded to the City and land included as platted lots within
4
Spirit of Brandtjen Farm that are owned by the developer. Exhibit I identifies the
proposed transfer of City and developer owned property. The developer must submit a
$14,200 payment to the City for the land transfer as identified in the September 16,
2010 engineering memo.
Easements /Right -of -Way. The preliminary plat and final plat illustrate drainage and
utility easements at the perimeter of the single family lots as required by Section 10 -4 -4
of the Subdivision Ordinance. The drainage and utility easements provided with the
SBF 6 Addition final plat will allow the existing easements in the area being re- platted
to be vacated. In addition, existing street rights -of -way in the area being re- platted will
be vacated to accommodate the design of the SBF 6 Addition re -plat. Public street
rights -of -way are shown on the SBF 6 Addition final plat consistent with the revised
plat design. The proposed drainage and utility easement and right -of -way vacation is
described in more detail in the September 16, 2010 engineering memo. Public access
easements are also required to be provided over the publicly accessible /privately
maintained open space areas within Outlots A and B as recommended in the
September 16, 2010 engineering memo.
Grading Plan. The applicant has submitted a preliminary grading plan for the subject
site. All grading and drainage issues are subject to review and approval of the City
Engineer.
Utility Plan. A preliminary utility plan has been submitted to illustrate modification of
sanitary sewer and water services to the area based on the modified subdivision design.
All utility issues are subject to review and approval of the City Engineer.
Homeowners Association. Documents including the modifications of the lots and
open space within SBF 6 Addition as part of the SBF Master Homeowners Association
are required to provide for long -term ownership and maintenance. These documents
are subject to review and approval by the City Attorney.
CONCLUSION
The Spirit of Brandtjen Farm 6 Addition PUD Development Stage Plan and preliminary
and final plat are consistent with the requirements of the Comprehensive Plan, Zoning
Ordinance, Subdivision Ordinance and the approved SBF PUD. Our office
recommends approval of the SBF 6 Addition PUD Development Stage Plan,
preliminary and final plat, and the vacation of drainage and utility easements and street
rights -of -way subject to the conditions outlined below:
1. The SBF 6 th Add preliminary and final plat shall be developed consistent with
the SBF PUD approved on 20 June 2005.
2. Lots shall be regulated based on minimum width requirements, setbacks and
design standards established by the SBF PUD Booklet dated 20 June 2005
applicable to the lot designations shown on the preliminary plat.
5
3. The developer is responsible for the cost of construction of all sidewalks and
trails shown on the SBF 6 Addition plans subject to the following modifications:
a. Either a temporary trail segment shall be made to connect the existing
sidewalk on the east side of Eagleview Drive adjacent to proposed Lot 2,
Block 4 with the trail segment proposed to be constructed within Outlot B
with the development of the SBF 6 Addition final plat improvements, or
the trail segment proposed within Outlot B shall be constructed when
Outlot A of the SBF 6 Addition final plat is developed.
b. The entire length of the permanent trail connection proposed within Outlot
B shall be bituminous for continuity purposes.
c. The trail segment proposed within Outlot B shall be shifted to the north to
provide adequate separation between the trail and the rear single family
lot lines for the installation of a landscaped buffer screen. A landscape
plan which includes this buffer screen must be submitted for staff review
prior to City Council consideration of the preliminary and final plat.
d. The proposed trail segment within Outlot C adjacent to Lot 6, Block 3
(preliminary plat) shall be constructed when Outlot A of the SBF 6th
Addition final plat is developed and the trail segment within Outlot C is
connected to Eagleview Drive in order to avoid a dead -end trail segment.
4. A landscape plan for public boulevards and privately maintained /publicly
accessible open space shall be submitted prior to City Council consideration of
the preliminary and final plat.
5. Block 1 as shown on the preliminary plat shall not be final platted until such time
as the developer provides for construction of Eagleview Drive through the
intersection with Dynamic Drive to include a temporary cul -de -sac at its
northeastern terminus.
6. The developer shall construct a temporary cul -de -sac at the north terminus of
Dynamic Drive within Outlot A as shown on the final plat plans.
7. The developer shall submit a $14,200 payment to the City for the land transfer
related to the transfer of property between the City and developer as shown on
Exhibit I of the planning report dated 15 September 2010.
8. Public access easements must be provided over the publicly accessible /privately
maintained open space areas within Outlots A and B.
9. All easements shall be subject to review and approval of the City Engineer.
6
10. All grading and drainage issues shall be subject to review and approval of the
City Engineer.
11. All utility plans shall be subject to review and approval of the City Engineer.
12. Documents including the modifications of the Tots and open space within SBF 6th
Addition as part of the SBF Master Homeowners Association are required to
provide for long -term ownership and maintenance. These documents are subject
to review and approval by the City Attorney.
c. Steven Mielke, City Administrator
Keith Nelson, City Engineer
Steve Michaud, Parks and Recreation Director
Roger Knutson, City Attorney
Jacob Fick, Tradition Development
7
County Road 46
Alr
IN No re is
RIMIll Ag
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III
/limn
Spirit of
Brandtjen Farm
6th Addition
170th Street
N Location Map
City of Lakeville
Spirit of Brandtjen Farm
6th Addition Exhibit A
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EXHIBIT K
Memorandum
To: Daryl Morey, Planning Director
From: Zach Johnson, Assistant City Engineer
McKenzie Cafferty, Environmental Resources Manager
Copy: Dennis Feller, Finance Director
Gene Abbott, Building Official
Date: September 16, 2010
Subject: Spirit of Brandtjen Farm 6 Addition
• Preliminary Plat Review
• Right -of -Way and Easement Vacation
• Final Plat Review
• Grading Plan Review
• Utility Plan Review
BACKGROUND
SBF Development Corporation has submitted a preliminary and final plat named
Spirit of Brandtjen Farm 6th Addition. The proposed residential subdivision is located
north of 170 Street, east of Pilot Knob Road (CSAH -31), south of 160 Street
(CSAH -46) and west of the future extension of Diamond Path (CSAH -33). Spirit of
Brandtjen Farm 6 Addition is zoned PUD, Planned Unit Development and is subject
to the requirements listed in the Spirit of Brandtjen Farm Planned Unit Development
Plan booklet dated June 20, 2005.
The preliminary plat is a re -plat of multiple Tots and outlots created with the Spirit of
Brandtjen Farm plat. The Developer submitted a revised site layout to create
additional walk -out Tots and reduce the number of lots with rear yards that back -up
to one another. The revised site layout results in one fewer lot. The individual
parcels that comprise the Spirit of Brandtjen Farm 6 Addition preliminary plat are
summarized below:
• Lots 1- 11,13 -14, Block 9, Spirit of Brandtjen Farm
• Lots 1 -12, Block 10, Spirit of Brandtjen Farm
• Lots 1 -5, Block 11, Spirit of Brandtjen Farm
• Outlots Q,JJ -LL, Spirit of Brandtjen Farm
• Parts of Early Dawn Trail, East Lake Trail and Dynamic Drive
City of Lakeville
Engineering
SPIRIT OF BRANDT3EN FARM S r " ADDITION
SEPTEMBER 16, 2010
PAGE 2 OF 10
The preliminary plat consists of twenty -nine single - family lots and three outlots on
24.90 acres. The outlots created with the preliminary plat will have the following
uses:
Outlot A: H.O.A. alley; to be retained by the Developer
(0.29 acres)
Outlot B: H.O.A open space /trail corridor; to be retained by the Developer
(1.49 acres)
Outlot C: Stormwater treatment /infiltration basins; to be retained by the City
(14.19 acres)
The final plat consists of fifteen single - family Tots and three outlots on 24.90 acres.
The outlots created with the final plat will have the following uses:
Outlot A: Future residential development; to be retained by the Developer
(4.25 acres)
Outlot B: H.O.A open space /trail corridor; to be retained by the Developer
(1.49 acres)
Outlot C: Stormwater treatment /infiltration basins; to be retained by the City
(14.19 acres)
SITE CONDITIONS
The Spirit of Brandtjen Farm 6 Addition site consists of vacant, undeveloped land
that was previously mass graded with Spirit of Brandtjen Farm improvements.
RIGHT -OF -WAY VACATION
The Spirit of Brandtjen Farm 6 Addition preliminary and final plat includes the
following existing public right -of -way (previously dedicated with the Spirit of
Brandtjen Farm plat) that is undeveloped and will be vacated:
• Parts of Dynamic Drive
• Parts of Early Dawn Trail
• Parts of East Lake Trail
EASEMENT VACATION
The Spirit of Brandtjen Farm 6 Addition preliminary plat includes public drainage and
utility easements previously established with the parent parcels (lots and outlots
identified in the "BACKGROUND" section of this report), as depicted on the Spirit of
Brandtjen Farm plat. The easements will be vacated and re- platted with the Spirit of
Brandtjen Farm 6 Addition final plat and when Outlot A, Spirit of Brandtjen Farm 6
Addition develops.
SPIRIT OF BRANDT3EN FARM 6 ADDITION
SEPTEMBER 16, 2010
PAGE 3 OF 10
STREET AND SITE LAYOUT
Eagleview Drive
Spirit of Brandtjen Farm 6th Addition is east of and adjacent to Eagleview Drive, a
minor collector roadway as identified in the City's Transportation Plan. Eagleview
Drive is designed as a two -lane divided urban parkway with on- street parking and 5-
foot wide concrete sidewalks along both sides. The Developer dedicated 100 feet of
right -of -way, as shown on the Spirit of Brandtjen Farm plat, to satisfy the right -of-
way requirement for Eagleview Drive. The streetscape design is consistent with the
Spirit of Brandtjen Farm Planned Unit Development Plan booklet dated June 20,
2005.
Development of the Spirit of Brandtjen Farm 6th Addition final plat will not require the
extension of Eagleview Drive. The Developer will install barricades and signs that read
"Future Street Connection" at the terminus. Eagleview Drive will be extended in the
future when Outlot A, Spirit of Brandtjen Farm 6 Addition develops.
Dynamic Drive
Development of Spirit of Brandtjen Farm 6th Addition includes the construction of
Dynamic Drive, a local street. Dynamic Drive is designed as a two -lane undivided
urban street with on- street parking along one side and 5 -foot wide concrete
sidewalks along both sides. The Developer is dedicating 52 feet of right -of -way, as
shown on the final plat, to satisfy the right -of -way requirement for Dynamic Drive.
The streetscape design is consistent with the Spirit of Brandtjen Farm Planned Unit
Development Plan booklet dated June 20, 2005.
Dynamic Drive will extend north from the 167 Street intersection and end in a
temporary cul -de -sac (south of the future Eagleview Drive intersection) with
development of the Spirit of Brandtjen Farm 6th Addition final plat. The Developer will
install barricades and signs that read "Future Street Connection" at the terminus.
Dynamic Drive will be extended in the future when Outlot A, Spirit of Brandtjen Farm
6th Addition develops. Prior to City Council consideration, the Developer must establish
a temporary public roadway, drainage and utility easement across Outlot A, Spirit of
Brandtjen Farm 6 Addition for the temporary cul -de -sac.
167 Street
Spirit of Brandtjen Farm 6 Addition is north of and adjacent to 167 Street, an
existing local street. 167 Street is constructed as a two -lane undivided urban
street with on- street parking along one side and 5 -foot wide concrete sidewalks
along both sides. No additional right -of -way is required with the Spirit of Brandtjen
Farm 6 Addition plat.
SPIRIT OF BRANDT:EN FARM 6 T " ADDITION
SEPTEMBER 16, 2010
PAGE 4 OF 10
Alley
Development of Spirit of Brandtjen Farm 6th Addition includes the future construction
of a private alley. The alley is designed to provide owner driveway access to lots
with frontage along Eagleview Drive and will provide a connection between
Eagleview Drive and Dynamic Drive. The 14 -foot wide alley will be located within a
20 -foot wide outlot and privately owned and maintained by a management
association. The streetscape design is consistent with the Spirit of Brandtjen Farm
Planned Unit Development Plan booklet dated June 20, 2005. The alley will be
constructed in the future when Outlot A, Spirit of Brandtjen Farm 6th Addition
develops.
The City reserves the right to increase the street sections at the time of construction
based upon site conditions. Building permits, except one model home permit, for
Spirit of Brandtjen Farm 6th Addition shall not be issued until the concrete curb and
gutter and bituminous base pavement have been installed.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction is
restricted to Eagleview Drive via 170 Street.
PARKS AND TRAILS
Development of Spirit of Brandtjen Farm 6 Addition will not require public trail
construction. The City's Parks, Trails and Open Space Plan does not designate any
area within the proposed plat as future park land.
The Spirit of Brandtjen Farm 6 Addition preliminary plat includes a trail corridor that
crosses through Outlots A, B and C. The trail corridor will provide a connection to
Eagleview Drive and the existing trail encircling the stormwater /infiltration basins, as
well as the existing internal trail system within the Spirit of Brandtjen Farm
subdivision. The proposed trail corridor consists of a 5 -foot wide concrete sidewalk
within Outlot A and an 8 -foot wide bituminous trail within Outlots B and C. City staff
recommends that the 8 -foot wide bituminous trail within Outlot B be shifted slightly
north to provide additional separation from the lots adjacent to the trail (and
possibly a landscaped screen /buffer). In addition, City staff recommends that the 8-
foot wide bituminous trail extend through Outlot A to provide a continuous, uniform
trail connection consistent with the trail system within the Spirit of Brandtjen Farm
subdivision.
Development of the Spirit of Brandtjen Farm 6 Addition final plat includes only the 8-
foot wide bituminous trail through Outlots B and C. City staff recommends that a
temporary trail section be constructed within Outlot A to provide a continuous trail
connection or that construction of the entire trail corridor be delayed until Outlot A,
Spirit of Brandtjen Farm 6 Addition develops.
SPIRIT OF BRANDTJEN FARM 6 ADDITION
SEPTEMBER 16, 2010
PAGE 5 OF 10
The existing trail encircling the stormwater /infiltration basins (Outlot C, Spirit of
Brandtjen Farm 6 Addition) will be extended in the future to Eagleview Drive when
Outlot A, Spirit of Brandtjen Farm 6 Addition develops. The Developer will rough -
grade the trail base with Spirit of Brandtjen Farm 6 Addition improvements.
The trails will be publicly accessible but privately maintained by a management
association. The City granted the Developer an access easement within City -owned
outlots (Outlot C, Spirit of Brandtjen Farm 6 Addition) for maintenance purposes as
part of the Spirit of Brandtjen Farm plat. Prior to City Council consideration, the
Developer shall establish and grant to the City a permanent public ingress /egress
easement for the outlots containing publicly accessible, privately owned and maintained
trails (Outlots A and B, Spirit of Brandtjen Farm 6 Addition).
The Park Dedication requirement for the Spirit of Brandtjen Farm 6 Addition
preliminary and final plat was paid with the Spirit of Brandtjen Farm plat in 2005;
therefore no Park Dedication shall be collected with Spirit of Brandtjen Farm 6
Addition or when Outlot A, Spirit of Brandtjen Farm 6 Addition develops. The
Developer has a Park Dedication credit of $331,857.22 that shall be applied to future
phases of the Spirit of Brandtjen Farm development.
UTILITIES
SANITARY SEWER
Spirit of Brandtjen Farm 6 Addition is located within sub - districts NC -20050 and NC-
20070 of the North Creek sanitary sewer district as identified in the City's
Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing
public sanitary sewer to the MCES Lakeville Interceptor and continue to the Empire
Wastewater Treatment Facility. The existing City -owned downstream facilities have
sufficient capacity to serve the proposed residential development.
The Spirit of Brandtjen Farm 6 Addition preliminary plat includes a minor adjustment
to sub - district NC -20070 by adding an additional eleven lots. The Developer's
engineer provided calculations and supporting documentation showing that the
existing City -owned downstream facilities have sufficient capacity to serve the
additional lots.
Development of Spirit of Brandtjen Farm 6 Addition includes public sanitary sewer
construction. Five of the lots will utilize existing sanitary sewer services previously
installed with Spirit of Brandtjen Farm improvements. Two of the lots will require
new sanitary sewer services. Service to the remaining lots within sub - district NC-
20070 will be provided by the extension of 8 -inch sanitary sewer within the
subdivision from an existing sanitary sewer stub located at the intersection of 167
Street and Dynamic Drive. Two existing sanitary sewer services will be permanently
abandoned in accordance with the City's construction standards.
SPIRIT OF BRANDTJEN FARM 6"' ADDITION
SEPTEMBER 16, 2010
PAGE 6 OF 10
Service to the lots located within sub - district NC -20050 will be provided by the future
extension of sanitary sewer within the subdivision via a future connection to the
MCES Lakeville Interceptor located near the southwest corner of Outlot GG, Spirit of
Brandtjen Farm. The sanitary sewer will be constructed in the future when Outlot A,
Spirit of Brandtjen Farm 6 Addition develops.
The Sanitary Sewer Trunk Area Charge for the Spirit of Brandtjen Farm 6 Addition
preliminary and final plat was paid with the Spirit of Brandtjen Farm plat in 2005;
therefore no Sanitary Sewer Availability Charge shall be collected with Spirit of
Brandtjen Farm 6 Addition or when Outlot A, Spirit of Brandtjen Farm 6 Addition
develops.
WATERMAIN
Development of Spirit of Brandtjen Farm 6 Addition includes public watermain
construction. Five of the lots will utilize existing water services previously installed
with Spirit of Brandtjen Farm improvements. Two of the lots will require new water
services. Service to the remaining lots within the Spirit of Brandtjen Farm 6 Addition
final plat will be provided by the extension of 8 -inch watermain within the subdivision
from an existing watermain stub located at the intersection of 167 Street and
Dynamic Drive. Two existing water services will be permanently abandoned in
accordance with the City's construction standards.
Development of the Spirit of Brandtjen Farm 6 Addition final plat will not require
watermain extension within Eagleview Drive. Service to the lots located within Outlot
A, Spirit of Brandtjen Farm 6 Addition will be provided by the future extension of
watermain within the subdivision from an existing watermain stub located in
Eagleview Drive. The watermain will be constructed in the future when Outlot A, Spirit
of Brandtjen Farm 6 Addition develops.
The Developer received credit for the trunk watermain improvements within
Eagleview Drive with the Spirit of Brandtjen Farm plat; therefore no additional credit
shall be applied with Spirit of Brandtjen Farm 6 Addition or when Outlot A, Spirit of
Brandtjen Farm 6 Addition develops.
Final locations and sizes of all sanitary sewer and watermain facilities shall be
reviewed by City staff with the final construction plans. In association with MnOPS
requirements, utility hook -ups for buildings within Spirit of Brandtjen Farm 6
Addition shall not be permitted until the as -built electronic files have been submitted
and approved by City staff.
SPIRIT OF BRANDT3EN FARM 6"' ADDITION
SEPTEMBER 16, 2010
PAGE 7 OF 10
DRAINAGE AND GRADING
Spirit of Brandtjen Farm 6 Addition is located within the North Creek drainage district
as identified in the City's Water Resources Management Plan. The site is
predominantly located within sub - district NC -10 with only a small section at the
northwest corner situated within sub - district NC -9A. The site was previously mass
graded with Spirit of Brandtjen Farm improvements.
Development of Spirit of Brandtjen Farm 6 Addition will not require public
stormwater or infiltration basin construction as the contributing drainage area
generated within the site was incorporated into the design of the Spirit of Brandtjen
Farm stormwater management system. Stormwater runoff generated within the site
will be conveyed via public storm sewer to the existing City -owned stormwater
basins located east of and adjacent to the site (Outlot C, Spirit of Brandtjen Farm 6
Addition) before eventually discharging into the existing adjacent regional infiltration
basin (Outlot C, Spirit of Brandtjen Farm 6 Addition).
The Spirit of Brandtjen Farm 6 Addition plat includes adjustments to previously
established right -of -way and boundary/property lines east of Eagleview Drive. As a
result of the revised site layout, the preliminary plat includes the net acquisition of
0.139 acres of City -owned property (portions of Outlots JJ, KK and LL, Spirit of
Brandtjen Farm). The Developer will acquire the City -owned property and
reimburse the City for the area difference. Outlots JJ and LL, Spirit of Brandtjen
Farm were conveyed to the City with the Spirit of Brandtjen Farm plat and acquired
at a rate of $5,500 per acre. Outlot KK, Spirit of Brandtjen Farm was conveyed to
the City with the Spirit of Brandtjen Farm plat and acquired at a rate of $91,625 per
acre. The reimbursement due the City shall be paid with the final plat and is
calculated as follows:
0.156 acres x $91,625/acre = $14,293.50
Net Area of Outlot KK, Spirit of Brandtjen Farm Acquisition Rate Total
Acquired by the Developer
0.017 acres x $5,500 /acre = $93.50
Net Area of Outlots JJ /LL, Spirit of Brandtjen Farm Acquisition Rate Total
Conveyed to the City
The balance due the City for the land acquisition is calculated as follows:
• Acquisition of Outlot KK, Spirit of Brandtjen Farm
• Less Conveyance of Outlots JJ /LL, Spirit of Brandtjen Farm
• Balance
$14,293.50
($93.50)
$14,200.00
SPIRIT OF BRANDT3EN FARM S r " ADDITION
SEPTEMBER 16, 2010
PAGE 8 OF 10
The final grading plan must identify all fill lots in which the building footings will be
placed on fill material. The grading specifications must indicate that all
embankments meet FHA /HUD 79G specifications. The Developer shall certify to the
City that all lots with building footings placed on fill material are appropriately
constructed. Building permits shall not be issued until an as -built certified grading
plan has been submitted and approved by City staff.
A National Pollution Discharge Elimination System General Stormwater Permit for
construction activity is required by the Minnesota Pollution Control Agency for areas
exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater
Permit Coverage must be submitted to the City upon receipt from the MPCA.
STORM SEWER
Development of Spirit of Brandtjen Farm 6 Addition includes public storm sewer
construction. 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 existing City -owned stormwater basins located east of and adjacent to the site
(Outlot C, Spirit of Brandtjen Farm 6 Addition). Prior to City Council consideration,
the Developer must establish a temporary public drainage and utility easement across
Outlot A, Spirit of Brandtjen Farm 6 Addition, and a permanent public drainage and
utility easement across Outlot B, Spirit of Brandtjen Farm 6 Addition, as shown on the
final plat, for the public storm sewer.
Draintile construction is required in areas of non - granular soils within Spirit of
Brandtjen Farm 6 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 for the Spirit of Brandtjen Farm 6 Addition
preliminary and final plat was paid with the Spirit of Brandtjen Farm plat in 2005;
therefore no Trunk Storm Sewer Area Charge shall be collected with Spirit of
Brandtjen Farm 6 Addition or when Outlot A, Spirit of Brandtjen Farm 6 Addition
develops. The Developer has a Trunk Storm Sewer Area Charge credit of
$254,853.19. The $14,200.00 acquisition cost of Outlot KK, Spirit of Brandtjen Farm
will be applied to the existing Trunk Storm Sewer credit. A new balance of
$240,653.19 shall be applied to future phases of the Spirit of Brandtjen Farm
development.
WETLANDS
There are no existing wetlands within the Sprit of Brandtjen Farm 6 Addition site.
SPIRIT OF BRANDTJEN FARM 6'" ADDITION
SEPTEMBER 16, 2010
PAGE 9 OF 10
TREE PRESERVATION
There are no significant trees within the Sprit of Brandtjen Farm 6 Addition site.
EROSION CONTROL
An erosion control plan has been submitted and includes the following:
• A single rock construction entrance.
• A seed and mulch specification that meets City requirements.
• Inlet protection on all storm sewer structures.
• Silt fence to protect offsite areas from sediment transport.
• All 3:1 slopes must be seeded and stabilized with fiber blanket or sod.
• The site will be re- vegetated within 48 hours of rough and final grading.
• All streets shall be cleared of debris at the end of each day as identified in
the erosion control notes. Street sweeping shall be done weekly or more
often as needed. Additional street sweeping shall be required during the
hauling process. All streets shall be maintained to provide safe driving
conditions.
A concrete washout area must be identified in the field and constructed per City
specifications. Erosion control blankets must be installed on all
stormwater /infiltration basin slopes that are disturbed during construction. Silt
fence or sod (36" minimum width) must be installed behind the curb following the
installation of the private utilities. The Developer shall install and maintain any
additional erosion control measures deemed necessary during construction by City
staff or the Dakota County Soil and Water District.
SECURITIES
The Developer provided a Letter of Credit as security for the Developer - installed
improvements relating to the Sprit of Brandtjen Farm plat. No additional security is
required with the Sprit of Brandtjen Farm 6 Addition plat as the bank will issue a
letter to the City stating that the existing Sprit of Brandtjen Farm Letter of Credit
shall also guarantee the Sprit of Brandtjen Farm 6 Addition Development Contract,
including the Developer - installed improvements.
CASH FEES
A cash fee for the preparation of record construction drawings and for upgrading the
City base map shall be paid with the final plat and is calculated as follows:
18 lots and outlots
Lots and Outlots
x $75.00 /unit = $1,350.00
City Base Map Updating Fee Total
SPIRIT OF BRANDTJEN FARM 6 T " ADDITION
SEPTEMBER 16, 2010
PAGE 10 OF 10
There are no additional cash requ1rkements with the development of Sprit of
Brandtjen Farm 6th Addition. The proposed plat is a re -plat; the cash fees for Park
Dedication, Sanitary Sewer Trunk Area Charge, Trunk Storm Sewer Area Charge,
one -year of streetlight operating and surface water management expenses and City
Engineering Administration were paid with the Spirit of Brandtjen Farm plat in 2005.
The Developer shall submit the final plat and construction drawings in an electronic
format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file.
The Developer shall also pay a cash fee for City Engineering Administration.
CASH REQUIREMENTS
City Base Map Updating Fee
TOTAL CASH REQUIREMENT
Park Dedication Credit
Trunk Storm Sewer Credit
TOTAL DEVELOPER CREDITS
* *TO BE APPLIED TO FUTURE PHASES OF THE
SPIRIT OF BRANDT)EN FARM DEVELOPMENT **
RECOMMENDATION
DEVELOPER CREDITS
$ 1,350.00
$ 1,350.00
$ 331,857.22
240,653.19
$ 572,510.41
Engineering recommends approval of the preliminary plat, right -of -way and
easement vacation, easement vacation, final plat, grading plan and utility plan for
Sprit of Brandtjen Farm 6 Addition, subject to the comments within this report and
the following:
Prior to City Council consideration:
• The Developer shall submit legal descriptions and exhibits that establish a
temporary public roadway, drainage and utility easement across Outlot A,
Spirit of Brandtjen Farm 6 Addition, for the Dynamic Drive temporary cul-
de -sac.
• The Developer shall submit legal descriptions and exhibits that establish a
temporary public drainage and utility easement across Outlot A, Spirit of
Brandtjen Farm 6 Addition, for public storm sewer.
• The Developer shall submit legal descriptions and exhibits that establish a
permanent public ingress /egress easement to the publicly accessible,
privately owned and maintained trails located within Outlots A and B, Spirit
of Brandtjen Farm 6th Addition.
• The Developer shall submit a letter from the bank stating that the existing
Letter of Credit submitted for the Spirit of Brandtjen Farm Development
Contract shall also securitize the Sprit of Brandtjen Farm 6 Addition
Development Contract, including all Developer - installed improvements.