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HomeMy WebLinkAboutItem 07June 15, 2011 Item No. JULY 6, 2011 CITY COUNCIL MEETING THE GREENWAY 4 ADDITION Proposed Action Staff recommends adoption of the following motion: Move to adopt: a) a resolution approving The Greenway 4 Addition preliminary and final plat and, b) a resolution vacating public drainage and utility easements. Adoption of this motion will allow the completion of The Greenway development with the platting of the last five single family lots. Overview U.S. Home Corporation has submitted applications for a preliminary and final plat and vacation of public drainage and utility easements for the development of five single family residential lots on 2.29 acres to be known as The Greenway 4 Addition. The property is located north and west of The Greenway 3rd Addition at the north end of Iteri Avenue west of Kenwood Trail (CSAH 50). This is the fourth and final phase of The Greenway development. The Greenway preliminary plat was approved by the City Council on June 18, 2001. The Planning Commission held a public hearing and unanimously recommended approval of The Greenway 4 Addition preliminary and final plat and easement vacation at their May 5, 2011 meeting. The Parks, Recreation and Natural Resources Committee unanimously recommended approval at their May 4, 2011 meeting. Staff also recommends approval. Primary Issue to Consider What is the difference between this preliminary and final plat and the preliminary and final plat plans submitted in 2007? Please refer to Page 2 for Staff Analysis Supporting Information • Resolution approving The Greenway 4th Addition preliminary and final plat. • Resolution approving the vacation of public drainage and utility easements. • The signed development contract. • Temporary turnaround easements. • Conservation easement. • Revised final plat. • May 5, 2011 Planning Commission draft meeting minutes. • May 4, 2011 Parks, Recreation and Natural Resources Committee draft meeting minutes. • April 29, 201 •tanning and engineering reports. Frank Dempsey, AICP, Asso e Planner Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Subdivision and Zoning Ordinances Notes: Staff Analysis of Issues The 2007 preliminary plat proposed five single family lots and the final plat included 4 lots with one lot final platted as an outlot to accommodate a temporary turnaround at the end of Iteri Avenue that was skewed to one side. The current preliminary and final plat proposes five single family lots with the temporary turnaround for Iteri Avenue centered so that it is located partially on Lot 1, Block 2 and Lot 3, Block 1. The temporary turnaround will be removed at the time Iteri Avenue is extended to the north when the property to the north develops. US Homes Corporation withdrew their preliminary and final plat applications in 2007 prior to City Council consideration due to the residential market conditions at that time. (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF THE GREENWAY 4 ADDITION WHEREAS, the owner of the property described as THE GREENWAY 4 111 ADDITION has requested preliminary and final plat approval; and WHEREAS, the preliminary and final plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee; and WHEREAS, the preliminary and final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. THE GREENWAY 4 ADDITION preliminary and final plat is approved subject to the developer's execution of the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 20 day of June, 2011 ATTEST: Charlene Friedges, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 20 day of June, 2011 as shown by the minutes of said meeting in my possession. Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 CITY OF LAKEVILLE Mark Bellows, Mayor Charlene Friedges City Clerk (SEAL) (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public drainage and utility easement vacation; and WHEREAS, the City Council has determined that it is in the public interest to vacate said public drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easements are hereby vacated subject to the recording of The Greenway 4 Addition final plat: All drainage and utility easements as dedicated per the plat of THE GREENWAY 3 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota recorded as Document Number 2156385 Tying within Outlot A, said plat of THE GREENWAY 3 ADDITION. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 20 day of June, 2011. 1 CITY OF LAKEVILLE BY: Mark Bellows, Mayor ATTEST: BY: Charlene Friedges, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 20 day of June, 2011 as shown by the minutes of said meeting in my possession. Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 2 Charlene Friedges City Clerk Seal (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) THE GREENWAY 4 TH ADDITION AGREEMENT dated , 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and U.S. HOME CORPORATION, a Delaware corporation (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for THE GREENWAY 4 TH ADDITION (referred to in this Contract as the "plat "). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot A, THE GREENWAY 3 RD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, fumish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security 157652v03 1 LKVL:THE GREENWAY 4TH ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) has been received by the City, and 3) the plat has been filed with the Office of the Dakota County Recorder or Registrar of Titles. 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 two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, and C, 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: 157652v03 2 LKVL:THE GREENWAY 4 11 " ADDITION SRN:r06/07/2011 (U.S. Home Corporation) Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights and Traffic Control Signs G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the City Code concerning erosion and drainage and Section 4 -1-4 -2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's 157652v03 3 LKVL:THE GREENWAY 4 ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 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: 11. • Dakota County for County Road Access and Work • Minnesota Department of Health for Watermains • NPDES Permit for Stormwater Connections • MPCA for Sanitary Sewer and Hazardous Material • DNR for Dewatering • City of Lakeville for Building Permits • MCES for Sanitary Sewer Connections • City of Lakeville for Retaining Walls in County Rights -of -Way Removal and Disposal 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 157652v03 4 LKVL:THE GREENWAY 4"' ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 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 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 157652v03 5 LKVL:THE GREENWAY 4 11 " ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except 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. Prior to the release of the required grading security, an as -built certificate of survey must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. 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 157652v03 6 LKVL:THE GREENwAY 4 Th ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 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. STORM SEWER AREA CHARGE. Development of The Greenway 4 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 an existing public stormwater basin located within Outlot B, The Greenway 1 Addition. The trunk storm sewer area charge has not been collected on the parent parcel of The Greenway 4 Addition and must be paid in cash at the time of final plat approval. The trunk storm sewer area charge for The Greenway 4 Addition is calculated as follows: 99,670 s.f. x $0.167/s.f. = $16,644.89 157652v03 7 LKVL:THE GREENWAY 4 Th ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 20. SANITARY SEWER AREA CHARGE. Development of The Greenway 4 Addition includes public sanitary sewer construction. Eight (8) inch sanitary sewer will be extended within the subdivision from an existing sanitary sewer stub to provide service to the Tots. The sanitary sewer area charge was previously assessed to the parent parcel of The Greenway 4th Addition, and the assessment has been paid. 21. WATERMAIN. Development of The Greenway 4 Addition includes public watermain construction. Eight (8) inch watermain will be extended within the subdivision from an existing watermain stub to provide service to the Tots. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to Iteri Avenue via Kenwood Trail (CSAH -50) and 192 Street. 23. PARK DEDICATION AND TRAILS /SIDEWALKS. The City's park dedication requirement for the parent parcel of The Greenway 4 Addition was satisfied by land dedication provided with The Greenway 1 Addition final plat. Development of The Greenway 4 Addition will not require public trail construction. 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee of $440.20 for traffic control signs is due with the final plat, which consists of four end -of -road object marker signs and one future street connection sign. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses is also due with the final plat and is calculated as follows: 5 units (Dwelling Units) x $7.65/unit/qtr. X 4 qtrs. = $153.00 The fees for traffic control signs and one year of streetlight operating expenses are due in cash at the time of final plat approval. 25. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface water management expenses is due with the final plat and is calculated as follows: 5 units (Dwelling Units) x $7.00/unit/qtr. X 4 qtrs. = $140.00 157652v03 8 LKVL:THE GREENWAY 4 Th ADDITION SRN:r06/07/2011 (U.S. Home Corporation) The $140.00 surface water management utility fee is due in cash at the time of final plat approval. 26. INDIVIDUAL LOT 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'/z) inches caliper, either bare root in season, or balled and burlapped. Evergreen trees must be at least eight feet (8') 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 of $1,000.00 per lot shall be furnished the City to guarantee compliance with the 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. 27. BERM /BUFFER YARD LANDSCAPING & SOD INSTALLATION. All landscaping must be installed according to the approved landscape plan. Lot 1, Block 1 abutting Kenwood Trail (CSAH 50) shall 157652v03 9 LKVL:THE GREENWAY 4 ADDITION SRN:r06/07/2011 (U.S. Home Corporation) have sod installed on the landscaped berm terminating at the rear property line. Before the City signs the final plat, the Developer must submit a $7,000.00 security to ensure completion of the buffer yard landscaping. A $1,000.00 cash escrow must be submitted with the building permit application for Lot 1, Block 1 to guarantee installation of the rear yard sodding. This escrow will be in addition to the landscape /sod escrow required for each of the lots at the time of building permit application. A building permit for Lot 1, Block 1 shall not be issued until a certified as -built grading plan for the buffer yard berm has been submitted and approved by City staff. 28. TREE PRESERVATION. The Developer must post a security for tree preservation at the time of final plat approval on an individual lot basis for each lot containing a "save" significant tree. The security is $1,500.00 for each lot containing a "save" significant tree and is calculated as follows: Lot 3, Block 1 x $1,500.00 = $1,500.00 Lot 1, Block 2 x $1,500.00 = $1,500.00 $3,000.00 Tree fencing must be installed outside the dripline of all "save" trees. No tree removal shall take place until all tree protection fencing is installed and inspected by City staff. All "save" trees that are damaged or removed during construction will require replacement at a ratio of 2:1, consistent with the City's Subdivision Ordinance. Prior to the issuance of building permits in this subdivision, the Developer's forester shall certify that all trees designated to be saved on the tree preservation plan are saved or replaced in compliance with Subdivision Ordinance requirements. Prior to issuance of a building permit for homes on a lot with tree preservation, the builder shall post a $1,000.00 tree protection security and provide an individual lot tree preservation plan. When the individual lot plan is submitted and builder's security posted, the Developer's security may be released. 29. WETLANDS. There appears to be a small area located within the northwest corner of Lot 3, Block 1, The Greenway 4 Addition that may be wetland. The area is located within a tree preservation area where there is no proposed grading. The Developer is responsible for field verifying any wetlands on site and meeting the buffer requirements. If the area is determined to be wetland, a 157652v03 10 LKVL:THE GREENwAY 4 Th ADDITION SRN:r06/07/2011 (U.S. Home Corporation) conservation easement and drainage /utility easement must be established across the wetland and tree preservation area within Lot 3, Block 1 and recorded on the final plat. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 29, 2011 Engineering report. B. Implementation of the recommendations of the Parks, Recreation, and Natural Resources Committee. C. The certificate of survey identifies existing fence encroachments along the southeast plat boundary (adjacent to the existing homes). The fence encroachments must be removed with The Greenway 4th Addition development. The Developer shall provide a $2,000.00 cash escrow with the final plat to ensure that this work is completed. The Developer must contact and coordinate the work with the adjacent home owners. D. Before the City signs the final plat, the Developer must furnish the City an appropriately executed temporary turnaround easement, in recordable form, over portions of Lot 3, Block 1 and Lot 1, Block 2. The easement will expire when the property to the north (PID #22- 01800- 600 -11) develops into Tots and blocks and Iteri Avenue is extended to the north. The temporary turnarounds shall be removed upon completion of the future extension of Iteri Avenue. Before the City signs the final plat, the Developer shall provide the City a $5,000.00 cash escrow to guarantee the future removal and restoration of the temporary cul -de -sacs, and the associated right -of -way and driveway restoration is completed. E. The existing temporary cul -de -sac at the terminus of Iteri Avenue must be removed. A $9,000.00 cash escrow (No. 8154) was submitted with The Greenway 3` Addition plat for the removal of the temporary cul -de -sac, the construction of concrete curb and gutter and paving. The $9,000.00 cash escrow shall be applied as a credit to The Greenway 4th Addition cash fees. This existing temporary public roadway, drainage and utility easement will expire with the recording of The Greenway 4 Addition final plat and the extension of Iteri Avenue. 157652v03 11 LKVL:TI -IE GREENwAY 4 Th ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) Residential District: F. All houses shall meet the following setback requirements of the RS -3, Single Family Front Yard Rear Yard - (Abutting Kenwood Trail /CSAH 50) Side Yards 30 feet 30 feet 70 feet (Lot 1, Block 1) 10 feet G. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property comer monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $500.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 5 lots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. H. The Developer shall pay a cash fee for the preparation of record construction drawings and City base map updating. This fee is $75.00 per lot for a total charge of $375.00. I. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $900.00 and consists of one post -top streetlight. J. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. The Developer shall also submit one complete set of reproducible construction plans on Mylar. K. The Developer shall remove the existing silt fence located within the previous phases of the Greenway development and complete any necessary restoration. 157652v03 12 LKVL:THE GREENwAY 4 ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank ( "security ") for $112,331.58, plus a cash fee of $2,547.59 for City engineering administration. The amount of the security was calculated as follows: CONSTRUCTION COSTS: Sanitary Sewer $ 17,130.95 Watermain 12,106.00 Storm Sewer /Draintile 13,642.60 Streets 30, 082.75 Site Grading /Erosion Control /Restoration & Grading Certification 11,957.50 CONSTRUCTION SUB -TOTAL $ 84,919.80 OTHER COSTS: Developer's Design (6.0 %) $ 5,095.19 Developer's Construction Survey (2.5 %) 2,123.00 City Legal Expenses (Est. 0.5 %) 424.60 City Construction Observation (Est. 7.0 %) 5.944.39 Developer's Record Drawings (0.5 %) 424.60 Remove Fence Encroachments 2,000.00 Landscaping 7,000.00 Tree Preservation 3,000.00 Street Lights 900.00 Lot Corners /Iron Monuments 500.00 OTHER COSTS SUB -TOTAL $ 27,411.78 TOTAL SECURITIES: $ 112,331.58 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, without notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the 157652v03 13 LKVL:THE GREENWAY 4"` ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 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. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City at the time of final plat approval: Future Temp. Cul -de -Sac Removal & Restoration Trunk Storm Sewer Area Charge Traffic Control Signs Street Light Operating Fee Surface Water Management Utility Fee City Base Map Updating City Engineering Administration (3 %) SUB -TOTAL CASH REQUIREMENTS Credits to Cash Requirements: Removal of Existing Temporary Cul -de -Sac at Iteri Avenue (Escrow No. 8154) $ 5,000.00 16,644.89 440.20 153.00 140.00 375.00 2,547.59 $ 25,300.68 $ - 9,000.00 TOTAL CASH REQUIREMENTS $ 16,300.68 33. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by City Council. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The Developer shall post maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until 157652v03 14 LKVL:THE GREENWAY 4 ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) the maintenance bonds are furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City's standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 34. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection 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. 157652v03 15 LKVL:THE GREENWAY 4 TH ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ( "SAC "), City water connection charges, City sewer connection charges, and building permit fees. 35. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty -eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 36. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except one model home on a lot acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City's zoning ordinance is required prior to the construction of any model homes. 157652v03 16 LKVL:THE GREENWAY 4TH ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 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. I. 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 157652v03 17 LKVL:THE GREENWAY 4"` ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 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 Tots, the entire plat, or any part of it. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. 37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 935 E. Wayzata Boulevard, Wayzata, Minnesota 55391. 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.] 157652v03 18 LKVL:THE GREENWAY 4 17 ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) (SEAL) STATE OF MINNESOTA ) ( ss. COUNTY OF DAKOTA ) CITY OF LAKEVILLE BY: AND Mark Bellows, Mayor Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this day of , 2011, by Mark Bellows 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 157652v03 19 LKVL:THE GREENWAY 4TH ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) STATE OF MINNESOTA ) (ss. COUNTY OF ) CAROLE L TOOHEY NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01314012 DRAFTED BY: CAMPBELL, KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452 -5000 RNK:srn DEVELOPER: U.S. HOME CORPORATI BY: It The fo going �' st r w ument was acknowledged before me this `___ day of _ 2011, by , a\ t ) ►`Y , the �t�., t4 �- of U.S. HOME RPORATION, a Delaware corporation, on behalf of the corporation, as successor by merger to Lundgren Bros. Construction, Inc., a Mir • sota c• • • -tion. 4 I 0 Fe _ _Ai OTAR PUBL 157652v03 20 LKVL:THE GREENWAY 4 ADDITION SRN:r06 /07/2011 (U.S. Home Corporation) 157659v01 SRN:05 /16/2011 (reserved for recording information) GRANT OF TEMPORARY TURNAROUND EASEMENTS U.S. HOME CORPORATION, a Delaware corporation, referred to herein 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 and existing under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, temporary easements for public roadway, drainage and utility purposes over, across, on, under, and through land situated within the County of Dakota, State of Minnesota, legally described and depicted on the attached Exhibits "A" and `B ". TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing upon execution of this easement and expiring when Iteri Avenue is extended through the cul -de -sac when the adjacent property to the north of THE GREENWAY 4 TH ADDITION develops 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 hereto that the Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the 1 LKVL:THE GREENWAY 4 ADDITION (Iteri Ave Extension - Lot 3, Blk 1 and Lot 1, Blk 2) 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 may 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 easements 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 9� day of 2011. 157659v01 SRN:05 /16/2011 GRANTOR: U.S. HOME CORPORATION BY: 2 LKVL:THE GREENWAY 4"' ADDITION (Iteri Ave Extension - Lot 3, Blk 1 and Lot 1, Blk 2) STATE OF MINNESOTA COUNTY OF DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN:ms 157659v01 SRN:05/16/2011 ( ss. A ) The foregoing instrument was acknowledged before me this day of of U.S. HOME CORPORATION, a Delaware the .Q.> 2011, _ corporation, on behalf of the corporation. CAROLE L TOOHEY NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01-31-2012 3 LKVL:THE GREENWAY 4TH ADDITION (Iteri Ave Extension - Lot 3, Blk 1 and Lot 1, Blk 2) EXHIBIT "A" TO GRANT OF TEMPORARY TURNAROUND EASEMENT TURNAROUND EASEMENT DESCRIPTIONS: A temporary easement for public roadway, drainage and utility purposes over, under and across that part of Lot 3, Block 1, THE GREENWAY 4 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: AND 157659v01 SRN:05 /16/2011 Beginning at the southeast corner of said Lot 3; thence North 00 degrees 45 minutes 25 seconds East, assumed bearing along the east line of said Lot 3, a distance of 25.91 feet; thence northerly 38.64 feet, along said east line, being a tangential curve, concave to the west, having a central angle of 18 degrees 27 minuets 04 seconds and a radius of 120.00 feet; thence southerly 71.04 feet, along a non - tangential curve, concave to the east, having a central angle of 88 degrees 29 minutes 02 seconds, a radius of 46.00 feet and a chord bearing of South 04 degrees 45 minutes 29 seconds East to the point of beginning. A temporary easement for public roadway, drainage and utility purposes over, under and across that part of Lot 1, Block 2, The Greenway 4 Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the southwest corner of said Lot 1; thence North 00 degrees 45 minutes 25 seconds East, assumed bearing along the west line of said Lot 1, a distance of 9.57 feet to the point of beginning of the easement to be described; thence continuing North 00 degrees 45 minutes 25 seconds East, along said west line, a distance of 25.43 feet; thence northerly 49.32 feet, along said west line, being a tangential curve, concave to the west, having a central angle of 15 degrees 41 minutes 56 seconds and a radius of 180.00 feet; thence southerly 86.71 feet, along a non - tangential curve, concave to the west, having a central angle of 108 degrees 00 minutes 30 seconds, a radius of 46.00 feet and a chord bearing of South 04 degrees 25 minutes 08 seconds East to the point of beginning. Said temporary easements shall expire when Iteri Avenue is extended through the cul -de -sac when the adjacent property to the west of THE GREENWAY 4 ADDITION develops into lots and blocks. 4 LKVL:THE GREENWAY 4 ADDITION (Iteri Ave Extension - Lot 3, Blk 1 and Lot 1, Blk 2) t N W 8 O CO o ° _I 0) X00 O U W • 1- F N O If) z � Sketch and Description For 1—MNNAR 1 1 = TI I r - h[)rfr A11A /A \/ 1 f1L \ 7I \L-L_I Vv■ 1 1 ..: 1 nVLJI 1 , -85.00 S00 ° 40'00"W— O O 5 F.--DRAINAGE &UTILITY- =�-'�_ 10 EASEMENT PER PLAT i LOT 1 I BLOCK 2 `]1 5 3; 0 7 ►► ---2.2 50 O ^ A r rj rtnK1 PROPOSED TEMPORARY---.. ROADWAY EASEMENT \+ C ' Rc48 00 ' 08.E �‘O8fi 00 30" 0 1 u� • /• (1`� 32:: • -z ; AVENUE Scale: 1" =30' Co I --r 7 W 0 0 L_V I z_ -SOUTHWEST CORNER ' OF LOT 1, BLOCK 2 — 35.00! - --WEST LINE OF 'N00 ° 45'25 "E LOT ', sLO 2 0 tt- Page 2 of 2 James R. Hill, Inc. 1 i EXHIBIT B Sketch and Description For LENNAR R► AVENUE 00 - :-DRAINAGE & UTILITY . 5 EASEMENT PER PLAT Scale: 1"=30' Page 2 of 2 EAST LINE OF LOT 3. BLOCK 1 ; N00 °45'25 "E v:Ck"1:121' p7 -25. N ' 1 4 • . : 1 ' 164 SO UTHEAST CORNER X1 ?7;:Q 4:;:; ;:: = �. c X OF LOT 3, BLOCK 1 71.0 a =s6 � � '' C • $RG SO4 4 �� Z9 • E ' ` -- PROPOSED TEMPORARY ROADWAY EASEMENT LOT 3 1 Ln LI ° O U: BLOCK 1 I N 112.88 NOO O n James R. Hill, Inc. EXHIBIT B cc cit 0 (reserved for recording information) GRANT OF PERMANENT CONSERVATION EASEMENT U.S. HOME CORPORATION, a Delaware 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 under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City ", its successors and assigns, forever, a permanent conservation easement for the purposes set forth in this instrument, over, under, across and through the premises described in the attached Exhibit A and depicted on the attached sketch ( "subject property "). 1. The Grantor, its successors and assigns, agrees that the following are prohibited in perpetuity on the subject property: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting, removing, or altering trees or other vegetation, except for noxious weed or tree disease control by or as directed by a governmental agency. C. Excavation or filling 157906v02 1 LKVL:THE GREENwAY 4"' ADDITION SRN:r06/15/2011 (Lot 3, Bik 1— Wetland Conserv. Easement) D. Application of fertilizers, whether natural or chemical. E. Application of chemicals for the destruction or retardation of vegetation. F. The deposit of waste, yard waste, or debris. G. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. H. Outside storage of any kind. 1. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. The Grantor, its successors and assigns, further grants the City the affirmative right, but not the obligation to do the following on the subject property: A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the subject property at any time to enforce compliance with the terms of this instrument. IN WITNESS WHEREOF, the Grantor hereto has executed this Easement the day of ; 2011. LKVL:THE GREENWAY 4 TH ADDITION 157906v02 2 SRN:r06/15/2011 (Lot 3, Blk 1— Wetland Conserv. Easement) STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was a nowled ed before me this t 6'hday of ,ttiu. , the of U.S. Home Corporation, a Delaware VYI SL, , 2011, by YPg1CJeM corporation, on its behalf. CAROLE L TOOHEY NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 01-31-2012 DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 SRN:ms GRANTOR: U.S. HOME CORPO - ) ;ION /1 BY: It 157906v02 3 LKVL:T E GREENWAY e ADDITION SRN:r06/15/2011 (Lot 3, Blk 1— Wetland Conserv. Easement) EXHIBIT "A" TO CONSERVATION EASEMENT A permanent easement for public wetland conservation purposes over, under, across and through that part of Lot 3, Block 1, THE GREENWAY 4 "ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Beginning at the northwest corner of said Lot 3; thence South 00 degrees 13 minutes 50 seconds East, assumed bearing, along the west line of said Lot 3, a distance of 79.37 feet; thence North 89 degrees 46 minutes 10 seconds East a distance of 18.07 feet; thence North 53 degrees 10 minutes 42 seconds East a distance of 28.94 feet; thence North 05 degrees 27 minuets 44 seconds East a distance of 61.60 feet to the north line of said Lot 3; thence North 89 degrees 14 minutes 35 seconds West, along said north line, a distance of 47.42 feet to the point of beginning. 157906v02 4 LKVL:THE GREENWAY 4T" ADDITION SRN:r06/15/2011 (Lot 3, Blk 1— Wetland Conserv. Easement) Planning Commission Meeting May 5, 2011 Page 4 • Commissioner Boerschel asked whether the drop -off drive thru lane was wide enough for two cars to pass. Randy Rauwerdink, representing Stonehenge USA, indicated that the drive thru lane for customer drop -off is one way. Stacking of the cars would occur behind the first car that was dropping off items. There is no by -pass lane. This design is consistent with other Goodwill store designs. • Commissioner Maguire asked if the Goodwill store will be open 7 days a week. The developer indicated that it would be open Monday through Saturday for sure but was not sure if it would be open on Sundays. • Commissioner Grenz asked for confirmation that the turning radius for trailers in the drive thru lane was adequate. Mr. Rauwerdink stated that it was as this site layout has been used by Goodwill many times before. • Commissioner Grenz asked about the percentage of impervious surface area. Mr. Dempsey indicated that there is no impervious surface requirement for this development. 11.23 Motion was made and seconded to recommend to City Council approval of a vacation of public drainage and utility easements, located on the MN Tile property at 17615 Kenrick Avenue, subject to the following 2 stipulations: 1. The easement vacation is subject to the approval and recording of the administrative subdivision. 2. New boundary drainage and utility easements shall be dedicated by the property owner as shown on the site plan. Ayes: Maguire, Lillehei, Davis, Grenz, Drotning, Boerschel. Nays: 0 ITEM 6. THE GREENWAY 4TH ADDITION Chair Davis opened the public hearing to consider the application of U. S. Homes Corporation for the following, located at the north end of Iteri Avenue, east of Kenwood Trail (CSAH 50): A. Preliminary and final plat of five single family residential lots to be known as The Greenway 4th Addition; and B. Vacation of public drainage and utility easements. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Carole Tulle from U. S. Homes presented an overview of their request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that The Greenway 4th Addition preliminary and final plat was previously reviewed by the Planning Commission in 2007 however US Home Corp. withdrew their applications prior to City Council consideration due to the housing market conditions. He identified the sketch plan showing the future extension of Iteri Avenue and major collector 190th Street as well as a conceptual single family lot layout on the adjacent property to the north. He indicated that currently there are no pending development plans for the properties to the north. Mr. Dempsey stated that should the Planning Commission recommend approval of the preliminary and final plat and easement vacation, Planning Department staff recommends approval subject to the 5 stipulations listed in the April 29, 2011 planning report. Chair Davis opened the hearing to the public for comment. Dyame Martin, 19104 Iteri Avenue Planning Commission Meeting May 5, 2011 Page 5 Mr. Martin asked what exactly the impact to the neighborhood would be with five new houses being built and only one road in and out of the neighborhood. With all the children that are in his neighborhood, he wanted to know if there was a way to have a different entrance/ exit. Mr. Martin also asked if the vacation of easements means that this proposal will be different than the first time it came through the Planning Commission. He asked if the home styles and prices will be similar to the homes that were constructed in the other phases of The Greenway development. Mr. Dempsey showed the easement vacation exhibit. He indicated the existing easements within Outlot A would be vacated and new easements would be established with The Greenway 4th Addition final plat. Mr. Morey stated that with this development there is no alternative access options because there is only the one way to get in and out of this area of The Greenway neighborhood. 11.24 Motion was made and seconded to close the public hearing at 6:30 p.m. Ayes: Lillehei, Davis, Grenz, Drotning, Boerschel, Maguire. Nays: 0 Chair Davis asked for comments from the Planning Commission. Discussion points were: Planning Commission Meeting May 5, 2011 Page 6 • Commissioner Grenz asked how long the cul -de -sac will be. Mr. Morey stated that it will be approximately 600 feet. Because it is a temporary cul- de -sac, it is not subject to Subdivision Ordinance requirements concerning length. • Chair Davis commented that this development came before the Planning Commission in 2007 and asked for confirmation that it will be consistent with the original plans. Ms. Tulle confirmed that the current plans are consistent with the original plans submitted in 2007. She also addressed consistency with the existing Greenway house styles and prices. 11.25 Motion was made and seconded to recommend to City Council approval of the following, located at the north end of Iteri Avenue, east of Kenwood Trail (CSAH 50): A. Preliminary and final plat of five single family residential lots to be known as The Greenway 4th Addition; and B. Vacation of public drainage and utility easements, subject to the following 5 stipulations: 1. Implementation of the recommendations listed in the April 29, 2011 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 3. All houses shall meet the following setback requirements of the RS-3, Single Family Residential District: Front Yard - 30 feet Rear Yard - 30 feet Abutting Kenwood Trail (CSAH 50) - 70 feet (Lot 1, Block 1) Side Yards -10 feet 4. Landscaping shall be installed according to the approved landscape plan. Lot 1, Block 1 abutting Kenwood Trail (CSAH 50) shall have sod installed on the landscaped berm terminating at the rear property line. A $7,000 security shall be submitted by the developer to ensure completion of the buffer yard landscaping. A $1,000 cash escrow must be submitted with the building permit application for this lot to guarantee installation of the rear yard sodding. This escrow will be in addition to the landscape /sod escrow required for each of the lots at the time of building permit. 5. The developer shall submit a signed temporary turnaround easement agreement over Lot 3, Block 1 and Lot 1, Block 2. The temporary turnaround shall be removed upon completion of the future extension of Iteri Avenue. Ayes: Davis, Grenz, Drotning, Boerschel, Maguire, Lillehei. Nays: 0 CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE Meeting Minutes for May 4, 2011 ITEM 1 CaII to order Meeting was called to order at 6:00 p.m. ITEM 2 Roll call of members Present: Matt Dinslage, Tom Goodwin, Judy Hayes, Scott Kelly, Howard Lovelace, Jeanne Peterson, Bob Swan, Jerry Zell Staff Present: Parks & Recreation Director Steve Michaud, Environmental Resources Manager Mac Cafferty, Recording Secretary Patty Ruedy ITEM 3 Approval of the April 20, 2011 meeting minutes The Parks, Recreation & Natural Resources Committee meeting minutes were approved as presented. ITEM 4 Citizen comments There was a citizen present with no comments at this time. Also, a local boyscout was there to observe. ITEM 5 Staff Report Staff referred to the report in the committee packet. Staff added that donated trees from the tree sale were planted at Fieldstone Park. Trees are being transplanted from Ritter to Valley Lake Park as a screen for the cell phone tower. Swan inquired about the status of more pickle -ball courts in Lakeville. Staff will determine which tennis courts, if any, can be used to accommodate pickle -ball. ITEM 6 The Greenway 4 Addition preliminary and final plat U.S. Home Corporation has submitted an application for a preliminary and final plat to develop 5 single - family residential Tots on 2.29 acres. There are no park and trail requirements of this plat as The Greenway plat requirements were satisfied with the original Greenway final plat. The dedication consisted of half the land of a future neighborhood park and the current greenway through the center of the entire plat. In consideration of this information, staff is recommending the Parks, Recreation and Natural Resources Committee recommend approval of the proposed Greenway 4th Addition preliminary and final plat as presented. Staff also outlined the existing park property and the proposed park property when combined, will create a future neighborhood park to service that entire district. (11.08) Motion made by Goodwin, seconded by Lovelace to recommend City Council consider approval of The Greenway 4 Addition preliminary and final plat as presented. Finally, the developer is required to follow other recommendations outlined in the Planning and Engineering reports as they pertain to this plat. The developer is also required to follow the natural resources requirement detailed in the Planning and Engineering reports associated with tree preservation, grading, drainage, and erosion control and further recommendations by the Dakota County Soil and Water Conservation District, if applicable. Ayes -8 Nays -0 ITEM 7 Wayfinding system — grand opening /ribbon - cutting Staff proposes a grand opening or official ribbon - cutting ceremony to bring focus on the wayfinding system to the general public. The event would consist of committee members, residents, Dakota County Health Department staff, etc. and announce the official installation of all wayfinding signs and Memorandum To: Planning Commission From: Frank Dempsey, Associate Planner Copy: Carole Tulle, U.S. Homes Date: April 29, 2011 Subject: Packet Material for the May 3, 2011 Planning Commission Meeting Agenda Item: 1) Preliminary and final plat of The Greenway 4 Addition 2) Vacation of public drainage and utility easements Action Deadline: August 3, 2011 BACKGROUND cem No. City of Lakeville Planning Department U.S. Home Corporation has submitted applications for a preliminary and final plat and vacation of public drainage and utility easements for the development of five single family residential lots on 2.29 acres to be known as The Greenway 4th Addition. The property is located north and west of The Greenway 3 Addition at the north end of Iteri Avenue west of Kenwood Trail (CSAH 50). This is the fourth and final phase of The Greenway development. The Greenway preliminary plat was approved by the City Council on June 18, 2001. The Greenway 4 Addition preliminary and final plat was previously recommended for approval by the Planning Commission on September 20, 2007. U.S. Home Corporation requested that the application be withdrawn prior to City Council consideration due to residential market conditions at that time. The Greenway 4 Addition preliminary and final plat plans have been distributed to Engineering Department and Parks and Recreation Department staff, the Parks, Recreation and Natural Resources Committee and the Dakota County Plat Commission. EXHIBITS A. Location and Zoning Map B. Aerial Photo Map C. Title Sheet D. Existing Conditions and Certificate of Survey (2 Pages) E. Preliminary Plat F. Final Plat G. Grading, Drainage and Erosion Control Plan H. Tree Preservation Plan and Landscape Plan I. Utility Plan (2 Pages) 3. Site and Adjacent Property Layout K. Easement Vacation Sketch L. Dakota County Plat Commission letter dated April 14, 2011 Full sized copies of the preliminary and final plat plans are included with your packet material. PLANNING ANALYSIS Easement Vacation. The preliminary and final plat requires the vacation of an underlying public drainage and utility easement over part of Outlot A, The Greenway 3rd Addition. New boundary drainage and utility easements will be established with The Greenway 4 Addition final plat. All utility companies were notified of the proposed easement vacation and have not forwarded any comments in opposition to the proposed vacation. Consistency with the Comprehensive Plan. The Greenway 4 Addition property is located in Planning District 5 (Central Area /Heritage Commons) of the Comprehensive Plan. The property is located in the current MUSA and is guided for low density residential (single family home) development. Zoning and Adjacent Land Uses. The Greenway 4 Addition preliminary and final plat area is zoned RS -3, Single Family Residential District. Adjacent land uses and zoning are as follows: North — Undeveloped (RS -3 District and guided for low density residential). South — Kenwood Trail (CSAH 50) and single family homes (RS -3 District) East — The Greenway 3 Addition and single family homes (RS -3 District) West — Undeveloped (RS-3 District and guided for low density residential). 2 Consistency with the Capital Improvement Plan (CIP). The development costs associated with installation of city street, sanitary sewer, water and storm sewer improvements for The Greenway 4th Addition development are not programmed in the 2011 — 2015 CIP. The development costs will be financed entirely by the developer. Premature Subdivision Criteria. A preliminary plat may be deemed premature if any of the criteria listed in Section 10 -2 -4 -1 of the Subdivision Ordinance exists. Eligible criteria pertain to a lack of adequate: sanitary sewer and water, drainage, streets and public service capacity (police and fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans. Staff review of The Greenway 4th Addition preliminary plat against these criteria finds that it is not a premature subdivision. Phasing. The Greenway 4th Addition will be developed in one phase. Lots /Blocks. The following are minimum lot size requirements in the RS -3 District pertain to The Greenway 4 Addition preliminary and final plat: Lot Area — 11,000 square feet Lot Width — 85 feet Lot Depth abutting CSAH 50 —150 feet The Tots in the Greenway 4th Addition preliminary and final plat meet the lot area, width and depth requirements of the RS -3 District. Outlots. There are no outlots in The Greenway 4 Addition preliminary and final plat. Setbacks. The following minimum building setback requirement in the RS -3 District pertain to The Greenway 4 Addition preliminary and final plat: Front Yard — 30 feet Rear Yard — 30 feet Abutting Kenwood Trail (CSAH 50) — 70 feet Side Yards — 10 feet The proposed house pads shown on The Greenway 4 Addition grading, drainage and erosion control plan indicate that all Tots have adequate building pad areas that meet setback requirements. 3 Streets. The Greenway 4th Addition abuts Kenwood Trail (CSAH 50) which is designated as a minor arterial roadway in the City's Transportation Plan. No additional road right -of -way is required with the proposed preliminary and final plat. Iteri Avenue, a local street, requires 60 feet of road right -of -way. Iteri Avenue will be extended to the north from it's existing terminus on the north side of The Greenway 3rd Addition. A temporary turn - around will be required at the end of Iteri Avenue until such time that Iteri Avenue is extended when the property to the north develops. A temporary turn - around easement will be established over Lot 3, Block 1 and Lot 1, Block 2 which will expire when the property to the north is platted and Iteri Avenue is extended. A $5,000 security is required for the future removal of the temporary turn - around. Residential Buffer Yard Requirements /Landscaping. Lot 1, Block 1 of The Greenway 4th Addition abuts minor arterial road Kenwood Trail (CSAH 50) and requires an increased buffer yard lot depth and rear yard setback. The Greenway 4 Addition buffer yard screening meets Zoning Ordinance requirements of a minimum screening height of 12 feet. The screening will be accomplished with an earth berm height of 8 to 10 feet and 13, 8 foot tall evergreen trees and hackberry trees on Lots 1 and 2, Block 1. The proposed landscape design is consistent with the landscaping currently in place to the south along Kenwood Trail (CSAH 50) in The Greenway 3 Addition. The rear yard of Lot 1, Block 1 must be sodded to the rear property line. A $1,000 cash escrow must be submitted with the building permit application for this lot to guarantee installation of the rear yard sodding. This escrow will be in addition to the landscape /sod escrow required for each of the lots at the time of building permit. Signs. No subdivision identification signage is proposed with The Greenway 4th Addition preliminary and final plat. Grading, Drainage, Erosion Control and Utilities. Proposed grading, drainage, erosion control, and utilities for The Greenway 4 Addition preliminary and final plat is shown on the grading, drainage and erosion control and utilities plans. The review of these plans is outlined in the April 29, 2011 engineering report prepared by Assistant City Engineer Zach Johnson and Environmental Resources Manager Mac Cafferty. The Engineering Department recommends approval of the preliminary and final plat and easement vacation. 4 Tree Preservation. A tree preservation plan and significant tree inventory was submitted by the developer. The plan identifies 101 significant trees of which 49 will be saved. This results in a 49% save ratio for the identified significant trees. Thirteen new trees will be planted on Lots 1 and 2, Block 1 to meeting the buffer yard screening requirement. A minimum of two trees is also required to be planted on any lot without two saved trees. Environmental Resources Coordinator Mac Cafferty has reviewed the tree preservation plan. His comments are included in the April 29, 2011 engineering report. Wetlands. The developer has identified a possible wetland in the northwest corner of Lot 3, Block 1. Staff has inspected the property and confirmed the possible wetland. If the area is confirmed to be wetland, a drainage and utility easement and conservation easement will be required across the wetland and tree preservation area on Lot 3, Block 1. Parks and Trails. The park dedication for The Greenway development was satisfied with the park land dedicated with the approval The Greenway preliminary and final plat. No additional land or cash dedication is required. The Parks, Recreation and Natural Resources Committee will make a recommendation related to the park dedication requirement at their May 4, 2011 meeting. Their comments will be forwarded to the Planning Commission at the public hearing. Adjacent Property Sketch. A sketch plan showing the future extension of Iteri Avenue and major collector 190 Street as well as a conceptual single family lot layout on the adjacent property to the north has been submitted by the developer with The Greenway 4 Addition plans. The actual layout of the properties to the north will be determined when plans are submitted for the development of those properties in the future. There are no pending development plans for the properties north of The Greenway 4 Addition preliminary and final plat. Dakota County Plat Commission. The Dakota County Plat Commission reviewed the preliminary and final plat plans at their April 11, 2011 meeting. The Plat Commission will recommend approval of the final plat to the Dakota County Board. RECOMMENDATION 1. Implementation of the recommendations listed in the April 29, 2011 engineering report. 2. The recommendations of the Parks, Recreation and Natural Resources Committee. 5 3. All houses shall meet the following setback requirements of the RS -3, Single Family Residential District: Front Yard — 30 feet Rear Yard — 30 feet Abutting Kenwood Trail (CSAH 50) — 70 feet (Lot 1, Block 1) Side Yards — 10 feet 4. Landscaping shall be installed according to the approved landscape plan. Lot 1, Block 1 abutting Kenwood Trail (CSAH 50) shall have sod installed on the landscaped berm terminating at the rear property line. A $7,000 security shall be submitted by the developer to ensure completion of the buffer yard landscaping. A $1,000 cash escrow must be submitted with the building permit application for this lot to guarantee installation of the rear yard sodding. This escrow will be in addition to the landscape /sod escrow required for each of the Tots at the time of building permit. 5. The developer shall submit a signed temporary turnaround easement agreement over Lot 3, Block 1 and Lot 1, Block 2. The temporary turnaround shall be removed upon completion of the future extension of Iteri Avenue. 6 RS -2 HILLA PROPERTY SWENSON PROPERTY Location of The Greenway 4th Addition 111 - 188TH -ST-W Print Preview Dakota County, MN ,i Location of The Greenway 4th Addition Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch = 659 feet EXHIBIT B Page 1 of 1 http: / /gis.co. dakota. mn. us / website / dakotanetgis /printPreview.aspx ?PrintOptData= Dakota County, MN1010... 4/26/2011 I 11 1 I PROJECT NO. I 20285 -10 I CAD FILE I 20285 -10TS ', REVISIONS I DATE 08/10/07 I DRAWN BY I JPC /CMR T H E GREENWAY 4TH ADDITION LAKE VILL E, MINNESOTA TITLE SHEET FOR LENNAR CORPORATION 935 EAST WAYZATA BLVD., WAYZATA, MN 55391 IN at this " °n, ' hereby certify this specification prepaared d on or report supervision me o r under der er m, m direct c ened one that a a duly Licensed Professional Engineer under the lows of the State f Minnesota CHRISM REM P.E. t • James R Hill, I n C PLANNERS / ENGINEERS / SURVEYORS Buamm c 011 2500 W. C o RD. 42, SUIT[ 120, 9ummuuC, MN 55337 PHONE (95289 0-6 044 `AX (952)690 -6244 & NNE OmcL: 1523 94TH LOC NE, BUT[ B, BUM, MN 55449 _ - PHONE: (763)792 -1136 FAX: (763)792 -1743 Ir r.." Date 03/14/1' Reg.No. 41699 m D Z7 r1 D A lA C3 ao 0 0 A rn ED 0 O ILNP 8 0 0 0 P7:1 z r z z z z L7 r1 r ▪ c U 0 z m CO -.2 CZ C71 CO ry ∎ - �.• r r r r r ■-• 1V Cb ~d CD z � yz z z 1-< 1-3 cn Ro _ C v o � r � m W U1 �' p U) LTJ Lo N Z H-i N O r I� CD co �ZZ wC > Z y NOIIICRIV EROSION 8c SEDIMENT CONTROL DETAILS STORM SEWER STRUCTURE SCHEDULE PRELIMINARY & FINAL UTILITY 'ON ]einiDnis 23331,110N3 1.03rOeld 11 1,2 I PROJECT NO. ' 20285 - 10 I CAD FILE I 20285 -10EXC REVISIONS 04 22 II—Pe er CM comments I DATE 08/10/07 I DRAWN BY I JPC /CMR THE GREENWAY 4TH ADDITION LAKEVILLE, MINNESOTA EXISTING CONDITIONS D FOR LENNAR CORPORATION 935 EAST WAYZATA BLVD , WAYZATA, MN 55391 I hereby certify that at hi sd b t plan, prepared or report was r de direct supervision and that I am duly Licensed Profess anal the Engineer Mine' Minnesota laws of the State °f under CHRIS M REM P E Dote 03/14 /11 . Reg No 41699 _ R. H James I PLANNERS / ENGINEERS / SURVEYORS BuPx mni smlt O 2500 W 611 RD 42, Sum 120, BDmsN.c PHONE (952)890 -6694 FAQ. (957)890 &NK OFFICE 1523 94TH LANE NE, Suit B, FAME, - - PHONE' (763)792 -1136 FAX. (763)792 Inc , MN 55337 -6244 MN 55449 -1743 / ' SHEET 1 OF 11 FILE NO. I 1 -11 -015 I PROJECT NO. 1 20285 -10 CAD FILE 20285 -10s c1T1 or LAx2vii, I REVISIONS I F /31/11 I DRAWN BY I PLM THE GREENWAY 4TH ADDITION LAKEVILLE, MINNESOTA CERTIFICATE OF SURVEY FOR LENNAR CORPORATION 935 EAST WAYZATA BLVD., WAYZATA, MN 55391 4 `-' R. Hill Inc. PLANNERS / ENGINEERS / SURVEYORS 13111116 411 OFFICE 2500 W. Crr Ro. 42, Stoc 120, Buormaa WN 55337 H (952)890-6044 FAX (952)890 -6244 BLOW Omce 1523 94111 Lot NE, Sal[ 8, BLMA', 1N 55449 PHONE (763)792 -1136 FAX (763)792 -1743 .i !I. 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I 20285 - 10 I CAD FILE I 20285 - 10G I REVISIONS I 06 /22 /II —Re. per City comment: I DATE 08/10/07 I DRAWN BY I JPC /CMR LAKEVILLE, MINNESOTA ID GREENWAY 4TH ADDITION PRELIMIN &FINAL GRADING, RAINAGE & EROSION CONTROL PLAN FOR LENNAR CORPORATION 935 EAST WAYZATA BLVD., WAYZATA, MN 55391 by nor that this °' °n here <er Peat red u p e r y o roan t prepared by m under my mrert and that am En9 der ° =he ° aws ' ° af the State of Minnesota CHRISM REM P E J James PLANNERS / ENGINEERS BuFNSNi c Omc[ 2500 W Ctt — -- PHONE (952)890-6044 BLAINE Omt[ 523 94TH Lva PHONE (763)792 .Hill, Inc. / SURVEYORS RD 42, Sun 110, Bumsw NN 55337 FAA. (952)890 -6244 NE Sun 8, &N NE, UN 55449 -1136 FAX. (763)792 -1743 �� Date 03/14/11 Reg No 41699 etci ' e w $ 'd II: qr I 3s¢ A .r I� l r` i l[ p: :717 f y � i 1/ 11111:1 11 : i s n; x; 1; g ad 1 111 f r �[� t� . F a ; 1I' I ( r P II I m M 8�g= al; I li [11 I t l I i! 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X X X X X X X X ....... ....... x X x X X x x x X X X X X SAVE XX XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXX k Z ed H I PROJECT NO. I 20285 - 10 I CAD FILE I 20285 - 10TP I REVISIONS I DATE 08/10/07 I DRAWN BY I 8DH GREENWAY 4 LAKEVILLE, MINNESOTA FINAL TREE PRESERVATION & REPLACEMENT PLAN LENNAR CORPORATION 935 EAST WAYZATA BLVD., WAYZATA, MN 55391 ��� impart wpo,MImmix t drmy Owl tomolOon dlooloMh�iausiotlw .n O' s* Blob atkfm. °lin ""'o^• Dolorn e D tiordow,ADLA Calyx Design Group, LLC Landscape ArchibctureSustalnablsDesign -Planning 1583 Berkeley Avenue Saint, Paul, MN 55105 telephone: 851.334.5498 Internet: ww.calyxd m esigngup.eom w a -mail: Into®cayxdesigngroup,com 6p1' °t � 1 �""'rd0' DON 004 O Cn 0 0 0 ( 11 0 0 0 ((7' 0 0 0 ( 0 0 0 01 0 0 I DATE 08/10/07 I DRAWN BY I JPC /CMR ,. 0 that hereby certify th e plan, det,c or report w m Prepared Dr der my direct a and that I a duly Licensed Professional En9,neer under the laws of the State of Minnesota CHRIS M REM ... 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PVT -- -- t - - - H IGH' POINT ELEV ¢0 +47 98 HIGH POINT ( - - - -- - - - O 45 PVC ELEV W - - - 1045 19945 ?44- $OP "" ; - - -- --- +ONST --- --- 1 + C N 0 0 0 CT 0 0 0 Cn 0 0 0 CT C O T 0 0 (T 0) 0 I 6.1 I PROJECT NO.' 20285 - 10 I CAD FILE I 20285 - 10U I REVISIONS comment. l O4J42 /It —Fe. o I DATE 08/10/07 I DRAWN BY I JPC /CMR THE GREENWAY 4TH ADDITION LAKEVILLE. MINNESOTA PRELIMINARY Sc FINAL STREET & UTILITY PLAN FOR LENNAR CORPORATION 935 EAST WAYZATA BLVD., WAYZATA, MN 55391 s 0 that hereby certify th e plan, det,c or report w m Prepared Dr der my direct a and that I a duly Licensed Professional En9,neer under the laws of the State of Minnesota CHRIS M REM ... PE , _ __ -- James R. Hill, Inc. PLANNERS / ENGINEERS / SURVEYORS &mamma 00. 2500 W M RD 42, Sr ul 120, Buaawil, MN 55337 - PHONE (952)890 -6044 FAX (952)890 -6244 _ BLAINE ORxF 1523 94TH Luz NE, 9x8 B, &uuf., MN 55449 - - - PHONE (763)792 -1136 FAX. (763)792 -1743 1 .- Date 03/14/11 R eg No 41699 ■ + O O N 0 + O (71 + 0 0 N + O N W + 0 + O O z O O U INSTALL 2' STUB do PLUG NVERT =1021 94 (THRU) 1NVERT= 9021.48 ..� - - SERMOE, RISER -�- -© - 44421/7.- 0 - INVERT = 1021 28 $ L -- � - - --4 SERVICE,RISER - - EX. 29'- �" PVC SDR 26 0 0.40 %"F 0434 -LL ( - - - rINVER +- 192 -1 6— INVERT =1021 06 NVERT =1027 07 O O Cn O O 5/ B5M1+ -- ROM ELEV =104 80100=27 23' O O Cn CT 0 N O o O W O O w (T O o • v • m C z ' m 0 O O A CT SSMH 2 --- -- --- _ Iit ELEV = 1 034.51 - BUILD 12 57' - Z r� O CT 0 SSMH, 1 RIM ELEV = 1039 72 8UI1-D X 14. - -5 0) 29 0 01 O INVERT01032.9 INVERT -1032.18 NVERT 4" =1034.00 INVERT= 1031 00 0 O C11 O O O O cyl O CT 0 N O 0 O O 0 N CP O W O O 0 (A O O O O U1 0 (T C9'102 - R9' NLty- -1037 44 59105 =4.80' BI4LD 1037 41 8.23 1 41 1 1 40 1 39 [ 1 38 1 1 37 1 1 38 1 1 35 1 1 33 1 1 32 1 1 31 1 1 30 1 1 29 1 1 1 28 1 27 1 26 1 1 25 1 1 24 I 23 22 1 21 1 20 I 19 1 18 1 1 17 1 18 I 15 1 14 1 13 1 12 1 11 1 10 CO 00 V Of 01 A W N, POINT NUMBER 1 ITERI AVENUE [ ITERI AVENUE [ I I ITERI AVENUE 1 ITERI AVENUE 1 ITERI AVENUE [ ITERI AVENUE 1 I ITERI AVENUE [ ITERI AVENUE 1 ITERI AVENUE 1 ITERI AVENUE 1 ITERI AVENUE 1 I I ITERI AVENUE 1 ITERI AVENUE ITERI AVENUE 1 ITERI AVENUE ITERI AVENUE 1 ITERI AVENUE 1 I ITERI AVENUE ITERI AVENUE ITERI AVENUE HER! AVENUE 1 11TERI AVENUE 1 I ITERI AVENUE 1 1 ITERI AVENUE 1 1ITERI AVENUE 1 ITERI AVENUE 1 I ITERI AVENUE 1 1ITERI AVENUE j 1 ITERI AVENUE 1 ITERI AVENUE 1 ITERI AVENUE 1 ITERI AVENUE 1 ITERI AVENUE 1 ITERI AVENUE [ ITERI AVENUE 1 ITERI AVENUE [ ITERI AVENUE ] ITERI AVENUE ] ITERI AVENUE ] ITERI AVENUE STREET NAME ITERI AVENUE LOT 3, BL 1 1 LOT 3, BL 1 LOT 2, BL. 1 LOT 1, BL. 1 1 LOT 1, BL 1 1 STREET 1 STREET STREET STREET STREET STREET 1 STREET 1 LOT 3,BL1 LOT 3, BL 1 1 LOT 3, BL 1 1 LOT 3, BL. 1 1 LOT 1, BL 2 1 LOT 1, BL 2 1 LOT 1, BL. 2 1 LOT 1, BL. 2 1 STREET 1 STREET 101. B, 1STADD.I 1 STREET 1 STREET 1 LOT 2, 1 1 LOT 2, BL 1 1 LOT 2, BL 1 1 LOT 2, BL. 1 STREET 1 STREET 1 STREET 1 LOT2,BL2 LOT 2, BL. 2 1 LOT 2, BL 2 1 LOT2,BL2 1 LOT 1, BL. 4 1 LOT 1, BL 3 ] LOT 1,BL2 ] LOTI,BLI LOT & BLOCK STREET 173618.36 173615.71 173588.14 1 173511.55 1 173512.90 1 173659.89 1 173881.68 1 173683.97 1 173685.51 1 173889.54 1 173671.54 1 173671.54 1 173668.21 ] 173887.54 1 173884.06 1 1 173665.54 1 1 173661.40 1 1 173667.90 1 173686.95 I 1 173659.89 I 1 173594.12 173594.12 1 1 173617.15 1 1 173594.31 1 1 173594.31 1 173583.02 1 1173582.04 1 173578.23 1 173580.55 1 173556.95 1 173556.95 1 173555.21 ] 173544.37 1 173555.45 1 173556.65 1 173544.40 [ 173512.78 [ 173504.90 1 173497.71 1 173512.80 NORTHING 173508.48 511809.76[ 511783.27f 511785.38[ 511787.121 511813.911 511824.531 511798.811 511804.06[ 511808.131 511814.20[ 511824.14 511824.141 511814.251 11511794.13 1511779.971 1511824.341 1511814.471 1511855.671 1511871.121 1511824.53 511812.441 1511812.441 1512018.571 1511844.451 1511844.451 1511816.541 1511798.28 1511783.26 1511826.69 1511827.95 1511827.95 1511818.03 1511821.31 1511857.93 1511872.25 1511831.75 1511830.88 1511804.83 ]511791.42 ]511841.30 EASTING 511842.82 352 352 352 1 352 1 352 109 1 102 116 121 1 111 1 208 209 112 _ 1 115 1 210 1 213 1 112 1 115 1 1 210 1 1 213 1 323 1 [ 324 1 325 323 324 1 112 1 115 1 210 1 213 [ 208 1 209 ] 111 ] 112 [ 115 ] 210 213 ] 112 ] 115 ] 210 ] 213 LAKEVILLE CITY CODE 210 AS -BUILT ELEVATION (GRND/RIMIINV PROJECT NO. 20285 - 10 REVISIONS 04/22/11 -Rev per Ply commenla DATE I 08/10/07 DRAWN BY I JPC /CMR THE GREENWAY 4TH ADDITION LAKEVILLE PRELIMINARY & MINNESOTA FINAL UTILITY COORDINATE PLAN FOR LENNAR CORPORATION 935 EAST WAYZATA BLVD , WAYZATA, MN 55391 ' hereby o certify that this plan, or specification me or m nd w direct ec1° ed by prepar ed . supervision °af °s<o °all °am En9rneer under the Taws of the State ot Minnesota CHRISM REM P E James R. Hill, Inc . ' PLANNERS / ENGINEERS / SURVEYORS Bwasaut OFFICE 2500 W. CI, Rc 42, Sun 120, BURNS.c. MN 55337 PHONE (952)890 -6044 FAX (952)890 -6244 _ Bt�mE OFFICE 1523 94TH NE, Sun M B, &A , MN 55449 — PHONE (763)73)7 92 -1136 FAX (763)792 -1743 D ate 03/14/11 Reg No a1600 20285 -100 DWG - 4/28/2011 12 10PM / t��o f , A \• o ▪ • o' er y 0� o c° • so 0, o 1, Ix / ,N o w / u 1 albs. 4 - O ti 4 o` y n y +� / • i �c -a' • v m 4' ya / i , i �o ,.� \ J /, \ \ \ CX� / 1 I I ) t � L o 0 CO m cI o Z 0 0 03 0 I M om o .ZI 0 D z GREENWAY 4TH ADDITION LAKEVILLE, MINNESOTA SITE & ADJACENT LAYOUT FOR LENNAR CORPORATION 935 EAST WAYZATA BLVD., WAYZATA, MN 55391 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am o duly Licensed Professional Engineer under the lows of the State of Minnesota. CHRIS M REM p E. Doter 03/14/11 Reg No 41609 T --7 0 James R. Hill, Inc. PLANNERS / ENGINEERS / SURVEYORS Bulalnu[ ORI@ 2590 N Gtr R. 42, Sue 120, is MN 5533 PH00 (952)890 -6044 FAX (952)X90 -6244 Buse Orra. 1523 941H Lee NE, Sox 0, &NM, MN 55449 PHONE (763)792 -1136 FAX, (763)792 -1743 20285 - IQvoc.dwo - 4/05/2011 08: OOAI U 4 00 O. m i -z = Co cb — 0 ° c c /i \ O N, G> A \• s' ?,, LT '17 cb O Off. 7) \ 1:1h9 F9 S �° - � s \ B < Zi ti \ c 9 / FP A s 0 F 275.81 N00 ° 13'50 ° W o`. 08 45 2 V h 9 $wx E y to .s g b '3 q „ J ..5 08 0c' n $fix p 0 z } N 0 O y I 85.00 S00 °40'00 "W i_.. 1 1 I `. 1 , ; � � L 1 s1 1' V M01141/13S30 N.111g,1011.1 m 1+7 o —,- I — o z 59 N A o o o. °�° o Z °� N D `� FOR o m Qrry [)F LAKEVTLL F I ' c M REVISIONS I DATE 4/4/11 DRAWN BY I PLM T HE GREENWAY 4TH ADDITION LAKE VILLE, MINNESOTA VACATION SKETCH LENNAR CORPORATION 935 EAST WAYZATA BLVD., WAYZATA, MN 55391 / / J ames R. H Inc. PLANNERS / ENGINEERS / SURVEYORS 694 .(1 a [ OHNE 2500 Cm Ro. 42, Sue 120, 9uxns.tz. M4 55337 PIpIE (952)890-6044 FAX (932)890 -6244 8u.6 Omrz: 1523 94TH L90 NE. W¢ 8, %MC. MI 55449 PHONE: (763)792 -1136 FAX: (763)792 -1743 20285 - IQvoc.dwo - 4/05/2011 08: OOAI U 4 00 O. m i -z = Co cb — 0 ° c c /i \ O N, G> A \• s' ?,, LT '17 cb O Off. 7) \ 1:1h9 F9 S �° - � s \ B < Zi ti \ c 9 / FP A s 0 F 275.81 N00 ° 13'50 ° W o`. 08 45 2 V h 9 $wx E y to .s g b '3 q „ J ..5 08 0c' n $fix p 0 z } N 0 O y I 85.00 S00 °40'00 "W i_.. 1 1 I `. 1 , ; � � L 1 s1 1' V M01141/13S30 N.111g,1011.1 April 14, 2011 City of Lakeville 20195 Holyoke Avenue Lakeville MN 55044 -9177 Re: THE GREENWAY 4 ADDITION C O U N T Y Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 952- 891 -7087 • Fax 952- 891 -7127 • www.dakotacounty.us The Dakota County Plat Commission met on April 11, 2011, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CSAH 50, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat is a replat of Outlot A, THE GREENWAY 3 ADDITION. Restricted access should be shown on the plat per the underlying plat. There are no remaining issues. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners when the plat is submitted in signed mylar form. Mylars should be submitted to the County Board within one year of the Plat Commission's final approval. Traffic volumes on CSAH 50 are 13,600 and are anticipated to be 18,200 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891 -7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891 -7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission EXHIBIT L Memorandum To: Frank Dempsey, Associate Planner From: Zach Johnson, Assistant City Engineer McKenzie Cafferty, Environmental Resources Manager Copy: Dennis Feller, Finance Director Gene Abbott, Building Official Date: April 29, 2011 Subject: The Greenway 4 Addition • Preliminary Plat Review • Easement Vacation • Final Plat Review • Grading Plan Review • Utility Plan Review • Tree Preservation Plan Review City of Lakeville Engineering BACKGROUND U.S. Homes has submitted a preliminary and final plat named The Greenway 4th Addition. The residential subdivision is the fourth and final phase of The Greenway subdivision and is located northeast of and adjacent to Kenwood Trail (CSAH -50), west of Ipava Avenue and south of 185 Street (CSAH -60). The parent parcel consists of Outlot A, The Greenway 3 Addition and is zoned RS -3, Single Family Residential District. The preliminary and final plat consists of five (5) single - family lots on 2.29 acres. SITE CONDITIONS The Greenway 4 Addition site consists of vacant, undeveloped land. An existing stockpile previously created with The Greenway 2nd and 3 Addition improvements is located within the southwest corner of the site and will be removed with the development of the land. The northern section of the site contains significant trees. The Hilla property north of and adjacent to the site contains multiple wetlands, including a drainageway that runs parallel to The Greenway 4 Addition north property line. THE GREENWAY 4 11 ' ADDITION APRIL 29, 2011 PAGE 2 OF 9 The certificate of survey identifies existing fence encroachments along the southeast plat boundary (adjacent to the existing homes). The fence encroachments must be removed with development of The Greenway 4 Addition subdivision. The Developer must provide a $2,000 security with the final plat to ensure that this work is completed. The Developer must contact and coordinate the work with the adjacent home owners. EASEMENT VACATION The certificate of survey identifies existing public drainage and utility easements that were previously established across public utilities within the parent parcel (as shown on The Greenway 3 Addition plat). The easements will be vacated and re- platted along lot lines and across public utilities as depicted on The Greenway 4 Addition plat. STREET AND SITE LAYOUT Kenwood Trail (CSAH -50) The Greenway 4 Addition is northeast of and adjacent to Kenwood Trail, a minor arterial roadway as identified in the City's Transportation Plan. Dakota County controls the right -of -way requirement and access locations for Kenwood Trail. The Developer dedicated right -of -way, as shown on The Greenway 1 Addition plat, to satisfy the right -of -way requirement for Kenwood Trail. The Dakota County Plat Commission approved The Greenway 4 Addition preliminary and final plat at its April 11, 2011 meeting and will recommend approval to the Dakota County Board of Commissioners. Kenwood Trail is constructed as a 52 -foot wide undivided urban roadway and striped as a three -lane section, with one through lane in each direction and a center continuous left -turn lane with exclusive turn lanes at the intersections, adjacent to The Greenway subdivision. There is a bituminous trail along the southwest side of Kenwood Trail. The current Dakota County Road Plat Review Needs Map identifies Kenwood Trail as a future four -lane divided urban roadway. Dakota County's current Transportation Capital Improvement Program does not identify future improvements to Kenwood Trail at this location. Iteri Avenue Development of The Greenway 4 Addition includes the construction of Iteri Avenue, a local street. Iteri Avenue is designed as a 32 -foot wide, two -lane urban street. The Developer is dedicating 60 feet of right -of -way, as shown on the plat, in accordance with the right -of -way requirement for a local street. THE GREENWAY 4 TH ADDITION APRIL 29, 2011 PAGE 3 OF 9 Iteri Avenue will extend north from its existing terminus and end in a temporary cul -de- sac. The temporary cul -de -sac is designed with a 45 -foot radius and will be partially located within Lot 3, Block 1 and Lot 1, Block 2. The Developer is establishing a temporary public roadway, drainage and utility easement for the portions of the temporary cul -de -sac that will be located within Lot 3, Block 1 and Lot 1, Block 2. The easement will expire when the Hilla property to the north develops into lots and blocks and Iteri Avenue is extended north. The Developer will provide a $5,000 cash escrow with the final plat to ensure the future removal of the temporary cul -de -sac and associated right -of -way and driveway restoration is completed. Barricades and a sign that reads "Future Street Connection" will be installed at the terminus. The existing temporary cul -de -sac at the terminus of Iteri Avenue must be removed. A $9,000 cash escrow (No. 8154) was submitted with The Greenway 3 Addition plat for the removal of the temporary cul -de -sac, the construction of concrete curb and gutter and paving. The $9,000 cash escrow shall be applied as a credit to The Greenway 4 Addition final plat cash fees. The existing temporary public roadway, drainage and utility easement will expire with the recording of The Greenway 4 Addition plat and the extension of Iteri Avenue. 190 Street The Greenway 4 Addition is located just south of the future extension of 190 Street, a major collector roadway as identified in the City's Transportation Plan. 190 Street will eventually extend from Kenwood Trail (aligning with Jordan Trail) to the existing terminus located west of Ipava Avenue. 190 Street will be constructed when the Hilla, Swenson and Stone Ridge Meadow properties to the north develop into lots and blocks. The Developer submitted a sketch plan of the Hilla property depicting the future extension of 190 Street and Iteri Avenue. 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 The Greenway 4 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 Iteri Avenue via Kenwood Trail (CSAH -50) and 192 Street. PARKS AND TRAILS The City's Parks, Trails and Open Space Plan identifies a future park and greenway corridor near the proposed plat. The park and greenway corridor, including trails, will extend north from the existing greenway corridor established within Outlot B, The Greenway 1 Addition, and be located within the Hilla and Swenson properties. Development of The Greenway 4th Addition will not require public trail construction. THE GREENWAY 4 11 ' ADDITION APRIL 29, 2011 PAGE 4 OF 9 The Park Dedication requirement for the parent parcel was satisfied by land dedication provided with The Greenway 1 Addition plat in 2001. UTILITIES SANITARY SEWER The Greenway 4 Addition is located within subdistrict ML -70330 of the Marion Lake 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 Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream facilities have sufficient capacity to serve the residential development. Development of Greenway 4 Addition includes public sanitary sewer construction. 8- inch sanitary sewer will be extended within the subdivision from an existing sanitary sewer stub to provide service to the lots. The Sanitary Sewer Trunk Area Charge was previously assessed to the parent parcel; the assessment has been paid. WATERMAIN Development of The Greenway 4 Addition includes public watermain construction. 8- inch watermain will be extended within the subdivision from an existing watermain stub to provide service to the lots. 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 The Greenway 4 Addition shall not be permitted until the as -built electronic files have been submitted and approved by City staff. DRAINAGE AND GRADING The Greenway 4 Addition is located within subdistrict ML -45 of the Lake Marion drainage district as identified in the City's Water Resources Management Plan. Development of The Greenway 4 Addition will not require public stormwater or infiltration basin construction as the contributing drainage area generated from within the site was incorporated into the design of The Greenway 1 Addition stormwater management system. Stormwater runoff generated from within the site will be conveyed via public storm sewer to an existing public stormwater basin located east of and adjacent to the site (Outlot B, The Greenway 1 Addition). THE GREENWAY 4 T " ADDITION APRIL 29, 2011 PAGE 5 OF 9 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, including the buffer yard berm, has been submitted and approved by City staff. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. RESIDENTIAL BUFFER YARD REQUIREMENTS A buffer yard berm and landscaping screen with a combined height of 12 feet (including a minimum earth berm height of 6 feet) must be provided adjacent to Kenwood Trail. A certified as -built grading plan of the buffer yard berm must be submitted and approved by City staff prior to issuance of a building permit for Lot 1, Block 1 and the installation of any buffer yard plantings. STORM SEWER Development of The Greenway 4 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 an existing public stormwater basin (Outlot B, The Greenway 1 Addition). Draintile construction is required in areas of non - granular soils within The Greenway 4 Addition for the street sub -cut and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer's responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcel and must be paid with the final plat. The Trunk Storm Sewer Area Charge is calculated as follows: 99,670 s.f. x $0.167/s.f. = $16,644.89 Net Area of The Greenway 4 Addition Area Charge Total THE GREENWAY 4 ADDITION APRIL 29, 2011 PAGE 6 OF 9 WETLANDS The site was delineated with The Greenway 1 Addition plat. The original delineation did not identify any wetlands within The Greenway 4 Addition site. There appears to be a small area located within the northwest corner of Lot 3, Block 1 that may be wetland. The area is located within a tree preservation area where there is no proposed grading. The Developer is responsible for field verifying any wetlands on site and meeting the buffer requirements. If the area is determined to be wetland, Staff recommends that a conservation easement and drainage and utility easement be established across the wetland and tree preservation area within Lot 3, Block 1. TREE PRESERVATION The Tree Preservation Plan identifies 101 significant trees within The Greenway 4 Addition site. The plan proposes to "save" 49 (49 0 /0) significant trees. Tree fencing must be installed outside the dripiine of all "save" trees. No tree removal shall take place until all tree protection fencing is installed and inspected by City staff. The landscape plan shows the Developer planting 13 nursery grown evergreen and over - story trees on the site. The Tree Preservation Plan satisfies City requirements. All "save" trees that are damaged or removed during construction will require replacement at a ratio of 2:1, consistent with the City's Subdivision Ordinance. The Developer is required to post a security for tree preservation at the time of final plat approval on an individual lot basis for each lot containing a "save" significant tree. The security is $1,500.00 for each lot containing a "save" significant tree and is calculated as follows: EROSION CONTROL Lot Rate Total Lot 3, Block 1 $1,500.00 $1,500.00 Lot 1, Block 2 $1,500.00 $1,500.00 $3,000.00 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. • Temporary sediment basins are identified on the grading plan. THE GREENWAY 4 ADDITION APRIL 29, 2011 PAGE 7 OF 9 • All streets shall be cleared of debris at the end of each day and maintained to provide safe driving conditions. Street sweeping shall be done weekly or more often as needed. A concrete washout area must be identified in the field and constructed per City specifications. Erosion control blankets must be installed behind Lots 1 -3, Block 1 after the swale is constructed. Silt fence or sod (36" minimum width) must be installed behind the curb following the installation of the private utilities. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Dakota County Soil and Water Conservation District. All additional measures shall be installed and maintained by the Developer. SECURITIES The Developer shall provide a Letter of Credit as security for the Developer - installed improvements relating to The Greenway 4 Addition. Construction costs are based upon estimates dated March 31, 2011 and submitted by the Developer's engineer on April 5, 2011. CONSTRUCTION COSTS Sanitary Sewer $ 17,130.95 Watermain 12,106.00 Storm Sewer 13,642.60 Streets 30,082.75 Site Grading, Erosion Control, Restoration and 11,957.50 Grading Certification SUBTOTAL - CONSTRUCTION COSTS $ 84,919.80 OTHER COSTS Developer's Design (6.0 %) $ 5,095.19 Developer's Construction Survey (2.5 %) 2,123.00 City's Legal Expense (0.5 %) 424.60 City Construction Observation (7.0 %) 5,944.39 Developer's Record Drawing (0.5 %) 424.60 Remove Fence Encroachments 2,000.00 Tree Preservation 3,000.00 Landscaping 7,000.00 Lot Corners 500.00 Streetlights 900.00 SUBTOTAL - OTHER COSTS $ 27,411.78 TOTAL PROJECT SECURITIES $ 112,331.58 THE GREENWAY 4 ADDITION APRIL 29, 2011 PAGE 8 OF 9 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot for a total of $500.00. The City shall hold this security until the Developer's land surveyor certifies that all irons have been placed following site grading, utility and street construction. The streetlight security totals $900.00 which consists of one post -top streetlight. CASH FEES The cash fee for traffic control signs is $440.20, which consists of four end -of -road object marker signs and one future street connection sign. If the street posts are installed in frost conditions, the Developer shall pay an additional $150.00 at each street post location. A cash fee for one -year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 5 units x $7.65 /unit /qtr. x 4 qtrs. = $153.00 Dwelling Units Streetlight Operating Fee Total A cash fee for one -year of surface water management expenses shall be paid with the final plat and is calculated as follows: 5 units x $7.00 /unit /qtr. x 4 qtrs. = $140.00 Dwelling Units Surface Water Management Fee Total A cash fee for the preparation of record construction drawings and for upgrading the City base map shall be paid with the final plat and is calculated as follows: 5 lots x $75.00 /unit = $375.00 Lots City Base Map Updating Fee Total The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be either a .dwg file (AutoCAD) or a .dxf file. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00 %) of the estimated construction cost, or $2,547.59. THE GREENWAY 4 TH ADDITION APRIL 29, 2011 PAGE 9 OF 9 CASH REQUIREMENTS Future Temp. Cul -de -Sac Removal & Restoration Trunk Storm Sewer Area Charge Traffic Control Signs Streetlight Operating Fee Surface Water Management Fee City Base Map Updating Fee City Engineering Administration (3.00 %) SUBTOTAL - CASH REQUIREMENTS CREDITS TO THE CASH REQUIREMENTS Removal of Existing Temporary Cul -de -Sac at Iteri Avenue (Escrow No. 8154) SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS RECOMMENDATION $ 5,000.00 16,644.89 440.20 153.00 140.00 375.00 2,547.59 $ 25,300.68 $ 9,000.00 $ 9,000.00 TOTAL CASH REQUIREMENTS $ 16,300.68 Engineering recommends approval of the preliminary plat, easement vacation, final plat, grading plan, utility plan and tree preservation plan for The Greenway 4 Addition subject to the comments within this report.