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HomeMy WebLinkAbout6.i. Request by Lennar Corporation for the 34 Lot Final Plat of Prestwick Place 11th Addition4ROSEMOLINTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: March 17, 2015 AGENDA ITEM: Case 15 -02 -FP: Request by Lennar AGENDA SECTION: Corporation for the 34 Lot Final Plat of Consent Prestwick Place 11th Addition PREPARED BY: Eric Zweber, Senior Planner AGENDA NO. 6.i. ATTACHMENTS: Site Location Map; Resolution; Subdivision APPROVED BY: Agreement; Prestwick Place 11th Final Plat; Prestwick Place 9th and 10th Overall Grading Plan (dated 12/05/14); Prestwick Place 9th and 10th Grading, Drainage & Erosion Control Plan (dated 12/05/14); Prestwick Place 9th Preliminary Landscape Plan; City Engineer's Memorandum dated February 17; Park and Recreation Director's Memorandum dated February 19; Excerpt from the February 24 ddj Planning Commission Minutes. RECOMMENDED ACTION: 1. Motion to adopt a resolution approving the Final Plat for Prestwick Place 11th Addition. 2. Motion to approve the Subdivision Development Agreement for Prestwick Place 11th Addition and authorizing the Mayor and Deputy City Clerk to enter into this agreement. SUMMARY Applicant: Location: Gross Acres: Met Council Net Acres: Proposed Lots: Gross Density: Net Density: Existing Comp Plan Designation: Existing Zoning: Lennar Corporation South of Connemara Trail, East of the Bloomfield Neighborhood, North of County Road 42. 11.9 Acres 11.9 Acres 34 Lots 2.86 Units/Acre 2.86 Units/Acre LDR — Low Density Residential R1 PUD — Low Density Residential Planned Unit Development The applicant, Lennar Corporation (Lennar), requests approval of a Final Plat for Prestwick Place 11`h Addition to allow development of 34 single family lots. The final plat is necessary to facilitate subdivision of the subject property into individual residential lots. Aldborough Avenue will be completed from the intersection of Albany Avenue to the south, to the intersection with Ailesbury Avenue to the north. The Extension of Aldbourgh Avenue will include an extension of 142nd Street which will provide a connection with the Bloomfield neighborhood to the west. Additionally, the cul-de-sac of Alma Circle will be constructed to provide access to 13 lots. Staff finds the application consistent with the Prestwick Place 9th Addition Preliminary Plat that was approved by the City Council on July 16, 2013 and recommends approval of this application subject to the conditions within the recommended action. FEBRUARY 24 PLANNING COMMISSION MEETING The Planning Commission reviewed the Prestwick Place 11th Addition request on February 24. There were no residents were present at the meeting. The Planning Commission discussed the comments that were raised by the Bloomfield residents during the Prestwick 9th Addition Preliminary Plat approval. Staff stated that all the grading adjacent to Bloomfield was conducted last year during the construction of Prestwick Place 10' Addition and no concerns were raised by the Bloomfield neighbors. The Planning Commission recommended approval of Prestwick Place 11th Final Plat with the staff recommendations on a 3-0 vote. Commissioners Forster and VanderWiel were absent from the meeting. ISSUE ANALYSIS Legal Authority. This application is a Quasi-judicial action. The final plat application is Quasi-judicial because the City has a set of standards and requirements for reviewing this type of application that is described in detail below. Generally, if the final plat meets the ordinance requirements it must be approved. Streets & Access. In the fall of 2013, the City constructed a portion of Ailesbury Avenue and all of Albany Avenues and the associated infrastructure for Prestwick Place 7th, located southeast of the proposed Prestwick Place 11th. With the construction of Prestwick Place 10th in the fall of 2014, Ailesbury Ave was be completed to Connemara Trail and include the intersection with the future Aldborough Avenue. The proposed Prestwick Place 11th will construct Alma Circle at the intersection of Alma Avenue and Albany Avenue, the construction of Aldbourgh Avenue from Albany Avenue to Ailesbury Avenue with the connection to 142nd Street. With this construction, Lennar's Prestwick Place neighborhood will have three connections with the rest of Rosemount. Final Plat. On July 16, 2013, the City Council approved the Prestwick Place 9th Addition Preliminary Plat that included the 68 lots located north of Albany Avenue, east of the Bloomfield neighborhood and south of Connemara Trail. On April 15 and June 17, 2014, the City approved the first 34 of the 68 lots within Prestwick Place 9th and 10th. Tonight, Lennar is requesting approval of the final 34 lots. The plat is divided into three blocks. Block 1 contains two (2) lots located west of Aldborough Ave, north of 142nd St and abuts the existing Bloomfield neighborhood to the west. Block 2 contains eight (8) lots located west of Aldborough Ave, south of 142nd St and abuts the existing Bloomfield neighborhood to the west. Block 3 contains 24 lots located east of Aldborough Ave or adjacent to Alma Circle. The plat has no outlots. Grading. The mass grading for this plat was completed with the grading for Prestwick Place 10th. The final grading will be completed following the installation of the streets and utilities needed to serve the subdivision. Streets and Urban Infrastructure. Prestwick Place 11th Addition will construct Aldborough Ave and Alma Circle with the associated sanitary sewer, storm water and potable water infrastructure. The FA developer has chosen to build the public utilities. There is an existing Metropolitan Council regional sanitary sewer line running through 142 d Street and along the north side Lots 2, 17, 18, 19 and 20 of Block 3. The sanitary sewer and potable water will connect with the local stubs with Albany and Ailesbury Ave. The stormwater will be directed to the pond behind (north) of Ailesbury Ave and west of Prestwick Park. Parks and Open Space. The Parks and Recreation Department conducted a park dedication analysis during the overall Prestwick Place Preliminary Plat review. The park dedication of Prestwick Park has been credited to Lennar. The credit remaining after Prestwick Place 10th was 2.63 acres. The City Code requires park dedication of 1 acre of parkland per 25 homes, or an equivalent of 0.04 acres per lot. The 34 lots proposed will use 1.36 acres of the credit, leaving 1.27 acres credit for future Lennar final plats in other parts of the City. Engineering Comments. The Assistant City Engineer has reviewed the proposed Prestwick Place 1l,h Addition Final Plat and the grading plan for the entire Prestwick Place 9d' Addition Preliminary Plat and has a few minor concerns. Comments regarding this application are detailed in the attached memo dated February 17, 2015. CONCLUSION & RECOMMENDATION Staff recommends approval of the Final Plat for Prestwick Place 1 Vh Addition creating 34 single family lots. This recommendation is based on the information submitted by the applicant, findings made in this report and the conditions detailed in the attached memorandums. 3 Prestwick Place 11th Addition j sclaemer= Map and parcel data are believed to be arerrrate, but accuracy is not guaranteed- This is riot a legal Map Scale document and shoufd not be substituted fora titfe search appraisal, survey, or forrorring verifieabon_ Dakota County 1 inch = S(}(L feet assumes roa legal resporrsibifity for the information contained in this data. 2/20/2015 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2015 - A RESOLUTION APPROVING THE FINAL PLAT FOR PRESTWICK PLACE 11TH ADDITION WHEREAS, the City of Rosemount received a request for Final Plat approval from Lennar Corporation concerning property legally described as: Oudot A, PRESTWICK PLACE 10TH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, on February 24, 2015, the Planning Commission of the City of Rosemount reviewed the Final Plat for Prestwick Place 11`h Addition; and WHEREAS, on February 24, 2015, the Planning Commission recommended approval of the Final Plat for Prestwick Place 11ffi Addition, subject to conditions; and WHEREAS, on March 17, 2015, the City Council of the City of Rosemount reviewed the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Prestwick Place 11`" Addition, subject to the following conditions: 1. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 2. 1.36 acres of Prestwick Park dedication will be attributed to these 34 lots. 1.27 acres of Prestwick Park dedication credit remains for the next Lennar final plat. 3. Compliance with the conditions and standards within the City Engineer's Memorandum dated February 17, 2014. 4. Compliance with the conditions and standards within the Park and Recreation Director's Memorandum dated February 19, 2014. ADOPTED this 17`'' day of March, 2015, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Clarissa Hadler, City Clerk SUBDIVISION AGREEMENT Prestwick Place 11``' Addition AGREEMENT dated this day of , 2015, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and U.S. HOME CORPORATION, INC., a Delaware corporation, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Prestwick Place 11"' Addition, which land is legally described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property"). 2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the following conditions: a. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. b. Execution of a Subdivision or Development Agreement to secure the public and private improvements. c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in the current fee schedule. d. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. e. Payment of $118,405 for the Developer's share of Connemara Trail extension project, as indicated on ATTACHMENT TWO. This amount is based on the actual construction cost for the portion west of Akron Avenue, and construction estimates for the portion east of Akron Avenue. £ Payment of $3,128 for the Developer's share of the construction of Akron Avenue, as indicated on ATTACHMENT TWO. g. Payment of $83,262 for the Developer's share of the future construction of Ailesbury Avenue, as indicated on ATTACHMENT Two. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Prestwick Place 111hAddition February / 2015 Page 1 of 11 Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City. 4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current 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 Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The subject property shall be developed in accordance with the following plans, specifications and contract documents, original copies of which are on file with the City Engineer. The plans and contract documents may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A - Plat Plan B - Soil Erosion Control Plan and Schedule Plan C - Drainage and Storm Water Runoff Plan Plan D - Plans and Specifications for Public Improvements Plan E - Grading Plan and House Pad Elevations Plan F - Street Lights Plan G - Landscape Improvements All Improvements, including Developer Improvements and City -Installed Public Infrastructure Improvements (if any) that lie within the public right-of-way or easements and are improvements listed in Minnesota Statutes, Section 429.021 (hereinafter Public Improvements) will be designed by the City Engineer at Developer's expense. The City Engineer will prepare plans and specifications for Public Improvements and will perform all construction administration for the Public Improvements, all at Developer expense. Construction administration includes but is not limited to inspection, documentation, as-builts, surveying, field staking, testing and monitoring. 6. Installation by Developer. The Developer shall install or cause to be installed and pay for the following, hereinafter referred to as the "Developer Improvements": A. Surveying and staking B. Surface improvements (paved streets, sidewalks, trails, etc.) C. Water main improvements D. Sanitary sewer improvements E. Storm sewer improvements F. Setting of lot and block monuments G. Gas, electric, telephone, and cable lines H. Site grading Prestwick Place 111hAddition February / 2015 Page 2 of 11 I. Landscaping Streetlights K. Other items as necessary to complete the development as stipulated herein or in other agreements 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 that will serve the subject property by December 31, 2015, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer's reasonable control. 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. 8. City -Installed Public Infrastructure. The following improvements, hereinafter referred to as "City - Installed Public Infrastructure Improvements" (known as City Project 463), shall be designed, inspected, surveyed and administered by the City, and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process: A. None 9. [This Section Intentionally Left Blank] 10. Security for Developer Improvements. To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements, and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash deposit or irrevocable letter of credit from a local bank ("security") in the amount of Nine Hundred Fifty -Four Thousand, Five Hundred Seventy -One Dollars ($954,571). The amount of the security was calculated as follows: Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) Prestwick Place 11thAddition February / 2015 Page 3 of 11 Cost 110% Grading & Erosion Control $41,720 $45,892 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentation $17,500 $19,250 Landscaping $11,250 $12,375 Street Lighting (4 lights) $16,000 $17,600 Cost 125% Surface Improvements $331,635 $414,544 Water Main Improvements $117,725 $147,156 Sanitary Sewer Improvements $66,338 $82,923 Storm Sewer Improvements $149,865 $187,331 Total $777,033 $954,571 Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) Prestwick Place 11thAddition February / 2015 Page 3 of 11 weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City's requirements. 11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and approved by the City Engineer. The completion of grading activities will need to be coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City as the site grading is completed by phase, with street and lot grades. If the installation of utilities by the City is occurring simultaneously with the grading, the utility contractor shall have preference over the grading activities. No substantial grading activities can be completed over installed utilities unless otherwise protected. All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City. Such license shall terminate as to all single-family residential lots within the subject property upon acceptance by the City of the public infrastructure improvements. 13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc -anchored as necessary for seed retention. All basement and/or foundation excavation spoil piles shall be kept completely off City right-of-way and shall be completely surrounded with an approved erosion control silt fence. Approved erosion control fencing shall be installed around the perimeter of each lot or at City -approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot opening will be allowed on each lot for construction deliveries. The parties recognize that time is critical in controlling erosion. If development does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will attempt to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed, and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements. 14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by the City Planner. 15. Clean uta. The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assignees. The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete the clean-up at the Developer's expense in accordance with the procedures specified in Paragraph 13. The Prestwick Place 11`hAddition February / 2015 Page 4 of 11 Developer shall inspect and, if necessary, clean all catch basins, sumps, and ponding areas of erosion/ siltation and restore to the original condition at the end of home construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit A. 16. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Public Improvements lying within public rights-of-way and easements shall become City property without further notice or action unless the improvements are specifically identified herein as private infrastructure. 17. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City or such longer period as is specified in plans and specifications prepared by the City Engineer for Developer Improvements that are Public Improvements. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twenty-four (24) months after planting. Vegetation surrounding ponds and/or wetlands shall be warranted to be alive, of good quality and weed free for three (3) years after planting. 18. Res -ponsibil ty 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 Subject Property 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 subdivision and the plat, the preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting the development of the Subject Property. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property, except for any costs or expenses arising from the negligence or other wrongful acts or omissions of the City, it's agents, employees or contractors. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement of this Agreement, including engineering and attorney's fees. Upon request, the City shall provide invoices, in reasonable detail, as to any such fees. The remaining estimated City fees of $133,995 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: $10,000 Engineering Review Fees $99,834 Construction Monitoring Fees (15%) ($25,000) Design Fees Paid To -Date (1/16/15) $3,000 Attorney Fees $33,278 5% City Fees (based on engineer's estimate of $665,563) $1,152 Street Light Energy Cost $2,040 GIS Fees $9,690 Seal Coating $133,995 Total Amount Due Prestwick Place 111hAddition February / 2015 Page 5 of 11 If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within ten (10) days of the request. If actual City fees are lower than this estimate, any surplus funds will be returned to the developer when the project fund is reconciled and closed. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance of building permits for lots that the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) per year. E. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24 -months at a cost of $12/month/light. After that, the City will assume the energy costs. F. The Developer will pay the cost of sealcoating the streets within the development at a cost of $1.70/SY. The sealcoating will be completed within three (3) years following wear course placement. G. The Developer will pay the cost of fog sealing the trails within the development at a cost of $0.20/SF. The fog sealing will be completed within three (3) years following trail installation. 19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of execution of any plat by the City: A. Park dedication fees in the amount of $0 (The required 1.36 acres were dedicated with a previous plat. A 1.27 acre credit remains for the next Developer final plat.) B. Storm Sewer Trunk Area Charges in the amount of $81,831 C. Sanitary Sewer Trunk Area Charges in the amount of $12,814 D. Watermain Trunk Area Charges in the amount of $77,480 Or other amounts for such fees as in effect at the time of plat approval. 20. The Developer understands that builders will be required to pay for the Subject Property fees, charges and assessments in effect at the time of issuance of building permits. The rates for each of these items will be set according to the current rate structure at the time the building permit is received. The fees, charges, and assessments in effect as of the date of this agreement are: A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $2,485). B. Storm Sewer Connection Charges per single family unit and per multiple family unit (single family currently at $770; multi -family currently at $290 per housing unit). C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit). D. Water Availability Charges per SAC unit (currently at $2,175/SAC unit for single family residential and multi -family residential). 21. Building Permits. No occupancy permits shall be issued until: A. The site grading is completed and approved by the City. B. All public utilities are tested, approved by the City Engineer, and in service. C. All curbing is installed and backfilled. Prestwick Place 111hAddition February / 2015 Page 6 of 11 D. The first lift of bituminous is in place and approved by the City. E. All building permit fees are paid in full. F. No early building permits will be issued. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays incurred by the City in the construction of Public Improvements caused by the Developer, its employees, contractors, subcontractors, material men or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City (excluding the final wear course of bituminous), unless otherwise authorized in writing by the City Engineer. 22. Record Drawings. At project completion, Developer shall submit record drawings of all public and private infrastructure improvements in accordance with the City's Engineering Guidelines. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 23. 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 is first given notice of the work in default, not less than 48 hours in advance. This Agreement 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, draw on the letter of credit or other security described in section 10, or levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081. 24. Miscellaneous. A. The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply 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 subdivision, or the plat, or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property 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 Agreement. C. Breach of the terms of this Agreement 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 phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and 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, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Prestwick Place 111hAddition February / 2015 Page 7 of 11 F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. 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 Agreement shall not be a waiver or release. G. This Agreement shall run with the land and may be recorded against the title to the subject property. The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof. After the Developer has completed the work required of it under this Agreement, at the Developer's request, the City will execute and deliver to the Developer a release. H. 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 the 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. I. The Developer may not assign this Agreement without the written permission of the City Council. 25. 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 registered mail at the following address: MN Land Division U.S. Home Corporation 16305 36t` Avenue North, Suite 600 Plymouth, MN 55446 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by registered mail in care of the City Administrator at the following address: City Administrator Rosemount City Hall 2875 145' Street West Rosemount, Minnesota 55068 Prestwick Place 111hAddition February / 2015 Page 8 of 11 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: STATE OF MINNESOTA SS COUNTY OF DAKOTA William H. Droste, Mayor Clarissa Hadler, City Clerk The foregoing instrument was acknowledged before me this day of 52015, by William H. Droste, Mayor, and Clarissa Hadler, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public DEVELOPER NAME BY: Its BY: _ Its STATE OF MINNESOTA SS COUNTY OF The foregoing instrument was acknowledged before me this day of 32015 by , its , and , its of U.S. Home Corporation, Inc., a Delaware corporation, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Prestwick Place 111hAddition February / 2015 Page 9 of 11 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement: Grading & Erosion Control — A restoration and erosion control bond to ensure re -vegetation and erosion control ($3,500/acre). Note: The minimum surety amount is set at $25,000. Pond Restoration/Erosion Control Removal — A security to allow for cleaning of sedimentation ponds prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket following development of 75 percent of adjoining lots (estimated lump sum). Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the development. LandscapiLig — An amount equal to 110% of the cost to complete the minimum required landscaping. If additional landscaping is planned, a surety for that cost is not required. Retaining Walls — An amount equal to 110% of the cost to complete the retaining wall construction. Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If additional lighting is planned, a surety for that cost is not required ($4,000 per light has been used to calculate this cost). Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost). Park Equipment — An amount equal to 110% of the cost of improvements agreed upon to be completed in the park areas. Wetland Monitoring — An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City. Wetland Restoration /Mitigation — An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation). Prestwick Place 111hAddition February / 2015 Page 10 of 11 Prestwick Place 11 EXHIBIT B (Page 1 of 2) Letter of Credit for Developer Improvements (due with signed agreement) No. Item Cost Cost 110% Calculation 1 Grading and Erosion Control $ 41,720 $ 45,892 $3500/acre x 11.92 acres 2 Pond Restoration and Erosion Control Removal $ 25,000 $ 27,500 Minimum $25,000 3 Survey Monumentation $ 17,500 $ 19,250 $500/lot x 34 lots 4 Retaining Wall $ $ - N/A 5 Landscaping $ 11,250 $ 12,375 Per City Planner 6 Street Lights $ 16,000 $ 17,600 4 lights x $4000/light 7 Buffer Monumentation $ - $ - N/A 8 Surface Improvements $ 331,635 $ 414,544 125% 9 Water Main Improvements $ 117,725 $ 147,156 125% 10 Sanitary Sewer Improvements $ 66,338 1 $ 82,923 125% 11 Storm Sewer Improvements $ 149,865 1 $ 187,331 125% Total $ 777,033 1 $ 954,571 City Fees (due with signed agreement) No. Item Cost Cost Calculation $ Estimated Construction Cost $ 665,563 City Engineer Estimation 1 Engineering Review Fees $ 10,000 City Engineer Estimation 2 Construction Monitoring Fees $ 99,834 15% of Estimated Construction Cost Design Fees Paid by Developer $ (25,000) Payment received 1/16/15 3 Attorney Fees $ 3,000 Estimate 4 5% City Administrative Fees $ 33,278 5% of Estimated Construction Cost 5 Street Light Energy Cost $ 1,152 4 lights x 24 months x $12/month 6 GIS Fees $ 2,040 $60/unit x 34 units, or $120/acre 7 Trail Fog Seal $ - N/A 8 Seal Coating 1 $ 9,690 $1.70/SY x 5700 SY (53% of total ROW) Total $ 133,995 Development Fees (due before signed plat is released) No. Item I Calculation Cost Calculation 1 Storm Sewer Trunk Charge $ 81,831 $6865/net developable acre x 11.92 acres 2 Sanitary Sewer Trunk Charge $ 12,814 $1075/acre x 11.92 acres 3 Water Trunk Charge $ 77,480 $6500/acre x 11.92 acres 4 Stormwater Ponding Fee $ - N/A Total $ 172,125 Development Fees (due with signed agreement) No. Item Cost I Calculation 1 Park Dedication $ - The required 1.36 acres were dedicated with a previous plat. A 1.27 acre credit remains for the next Developer final plat. Total $ - Totals Block Lots Units 1 2 2 2 24 24 3 8 8 Total 34 34 Total Plat Area = 11.92 acres Total Park Area 0.00 acres Future Plat Area = 0.00 acres Developable Area = 11.92 acres Ponding to HVL = 0.00 acres Net Developable Area = 11.92 acres * Excludes future plat and park areas Prestwick Place 11 EXHIBIT B (Page 2 of 2) Block Lot Units SQ FT Acres 1 1 1 14575.098 0.33 1 2 1 15435.963 0.35 2 1 1 14217.342 0.33 2 2 1 12831.147 0.29 2 3 1 8775.000 0.20 2 4 1 8775.000 0.20 2 5 1 8775.000 0.20 2 6 1 8775.000 0.20 2 7 1 8775.000 0.20 2 8 1 10183.799 0.23 2 9 1 10400.000 0.24 2 10 1 11823.910 0.27 2 11 1 10667.477 0.24 2 12 1 15119.507 0.35 2 13 1 16417.518 0.38 2 14 1 14208.603 0.33 2 15 1 15823.445 0.36 2 16 1 12250.509 0.28 2 17 1 21604.683 0.50 2 18 1 15760.464 0.36 2 19 1 14390.878 0.33 2 20 1 15952.193 0.37 2 21 1 9466.380 0.22 2 22 1 8970.000 0.21 2 23 1 8970.000 0.21 2 24 1 11385.000 0.26 3 1 1 14381.111 0.33 3 2 1 12000.000 0.28 3 3 1 12000.000 0.28 3 4 1 12000.000 0.28 3 5 1 12000.000 0.28 3 6 1 12000.000 0.28 3 7 1 12000.000 0.28 3 8 1 12000.000 0.28 ROW (east) 37017.477 0.85 ROW (west) 59665.791 1.37 Total Boundary 519393.293 11.92 sealcoatcalc 51,242.1 sq. yd. 5,693.6 ATTACHMENT ONE Prestwick Place 11 th Addition Final Plat Prestwick Place 11t"Addition February / 2015 PRE.S T WICK PLACE 11TH ADDITION KNOW ALL PEBSDNS BY MESE PRESENTS That U.S. Nome Corpamtion, a Delaware corporetlon,ownn of the following described property OTY PUNNTNO COVMI m Approved by the Planning Commission of the City of Rosemount, Minnesota. this day of 20� Oadot A, PRESMCK PLACE 10TH ADDITION, according to the recortled plat thereof, Dokoto County, Minnesota.. Chafe Secretory ed the some fa be surveyed and platted os PRESTMICK PCACE 11TH ADD/RON antl da hereby donate and dedicate to the pu5lic fl.spublc use Ne pudlrC ways and the dra huge and utility easements ns created by MIs pllf. M witness whereof said OS Home 0orp010tfon, a Delaware rorporation; has caused these presents to be signed by its prdper oWO, Ihfs day of 20� U.S HOVE COYPOPARON m STATE OF MINNESOTA COUNTY OF This i trument was acknowledged before me on by its of U.S. Home CoPorOfion, a Delaware corporation, on behalf o! the CorporoV- Nota y Public, My Commission F.Plfes 1, Craig W Morse, do hereby certify that this plat was prepared by me o under my direct s t—that I 0 -y Licensed Land Surveyor In the State of Mlnneso te: "It this pIt is 0 ect represen teflon ol the b111 1— that 0/I mothemetical dete and labels o ectly designated on this plot, that all m encs depleted on "" plat have been, o will be c rrecfly set within a e year: fhaf Ill water boundar;es and wet lands, os delved in Min esofo Statutes, Section 505.0], Subd. J, os o/ the date of this rertifico to are I— and III -1 In th plat; and all public ways ore shown Ind labeled on this plot. Doted this _ day o1 20_ Craig W Morse, Licensed Land Surveyor Minnesota License No. 23021 STATE OF MINNESOTA COUNTY OF HENNEPM This instrument Mi oro cknowledged before me on by Craig W. Mprso, fond Surveybr, nnesota License No 23021.s Notmy Public, My Commission £xplres CITY COMM Thwis plat s --d by the City Council of Rosemount. M sole, this day o{ 20— and hereby certifies Complioncd with all requ/rements as set forth in Minnesota Statutes, Sectfon 505,03. Subd 2. COUNTY S/RYEYOR I hereby certify that in accord - with Minnesota Statutes, Secticn 505.D21, Subd. 11, Ihfs plat hos been renewed and approved this day Todd B. Tollelson Dakota County Surveyor DEPARTMENT OF PRDPiRiY TAXAi AND RECORDS Pursuant to Minnesota Stotufes, Sectfon 505.021, Subd 9, taxes payable in theyenr 20 n Me land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Sect/on 272.12 there are no delinquent foxes wd transfer entered this day of 20_ D/rector Deportment of Property RecoMs COUNTY RECORDER COUNTY OF DAKOTA, STATE OF MMNESOTA I hereby certify fhaf this plat o1 PRESrWCK PUCE 11M ADDIRON w s filed in the ofl'ce of the County R—d., for public record on this day of 20Ot a"clock A, dnd was duly t%ed in Rook of Plats, Page os Document Numbe County Recorder By Deputy Dokoto County, Minnesota REOYSMAR OF RTLES COUNTY OF DAKOTA. STATF OF MINNESOTA I hereby certify that this plot of PRESIIIIOK PUCE 11M ADD/ROV was tiled In the office of the Registrar or Titles for public record on s day o! 20— at OVOI M and was duly filed in Book IfPlots. Page os Document Number Registrar If MIt Westwood Professional Services, Inc. PRESS' T V ICK PLACE 11TH ADDITION N89°31 ;ii'W 208.5117.39' ` - en.a r -__----T—`---/7 0, ESBURI uea,e m v 32.84 l N38002J71E/ y C� zz Ir n=as°Ji'3i•w ibz-3s ^� /8;� i I m �7� I Ml rrvTh' r'= r / I' -^-rin/r/v//� zz J r50.Or n__� ; �4 h `-- „1_-�___ N89°35'11'W 456.91 13500 " 96.13 ISr.90 )rs,6 _,. _y 3e9°,e.,�•w --- - T yes u,�,•w T.va.sa n i!I �^'\ oran�� � � � rr�-dry Y � ' � E mer ' 1 ,6.3 ' ., o R I42AD MEE-7 WEST ' ml r ` 1 l-� f. +T ;sem - _ r 150.01 i' s I ��a_ o.°'�,°s, a -, I ro I � ,M1, s ,� \ ° r 19 n W P - �-� 20je L1 -__--_____J rs r s o0o T s°Sr 31 "E 1s e L- nes ar'Jrwr rJSeo -Jro27,0 '+-.e,r une °r m, s ,/ o/ h l: A s T Qi s geG18 U n Ir �`. Nnsw r/,1 °la a o Im el Iq' I o 16 �'r, 2/ 4 r LJ Z' - ``n q L 589 3I"E 15a 00 J = 4 q +wPo\\ i / y�\ \ �•a i'.\ m L Nes°ar 3rw 22 5e°�''nv `'$, �'� / � 27 O ma �' uwr'ry rnnmmi l`Im __ Iro ' Vis. n'e•` "�,e v �,v i sO /A� L -_-J {/� r� O L----1 150 _� of n r N89°Jl'31'W 13500 rr l5 r ---------L, gi oge D=6°;2'31,/'/' a\ \ \ /� SV1 C3 / /\ S to 'Q �$\ \ L MINITY MAP No scale fNW.SNE 1,114 I 4 rasn sal nl SW 7/4 c SE 1/41 Sect;one 21, Twp, 115, Rge. 19 a n-1 1 Im hl �, __-______ �_L-wss / yyro W ro3i�' '/ % ' �'sa .;� w z 24 ' X jV I F7 L-nag°.n'3r^w rsa.00 �m Ak V r in' 13 Sl ig a ivt�i r ivy ', m ';h?o hl e e / i2 r sag J131 -f 150.00 1 ml I � �r � -1_ i$ L -----J '�� Jo r g vnnrr e°,emerr m (-- nes°3r's^w 13500 5 � a a � i of l,o '' °yeP�.`. ------ L ---Lia el 6 3 (-->______° \Z L______J 8 N87°27'0 °^ f° 7'04'E L_ sag°3r3rc rso_oa __J °�___Na9°xmw ]eo.ao __J, I �,1� ��✓ / 90.00 70.00 50 0 50 100 I ml 1r r I I Mi '0I :' G!Y°� r 589 313/ [ 150.00 1 I I I o armn°ge one unary c°temente ore shown rol N .2 tnus. I to I 12 / I al 8 __J I to __ �I 30m '3000 L 5000 (/ The west line or OuhvI A, PRE00PLACE 10TH S I I I I I `�- N89°31 '31,W 150.00 -' \ ADDITION is nesumed r° benr N ooa'2g" E N00°28'29E I I ' N89°31 JI'W 150.00 -" _ - 29'� ^"'^^" "`'^"'E e • Denotes 1/2 y rebar to 1 to inch 6 14 inch iron � - 'c r;�-rirrr/�l ft-ft-vnd mvrked by License Nv. 23o2I nr �---------— -------- — , c — m .. Tf1 r3L/t/l l lvr v No mon went -y 1 shown of any statute raquimd (No scale) (Qc°tionvmeld by o 1/2 ]nch by , ]n ch c°ppee lion Being 5 leaf in width, unless otherwise indicated, 3 L, bar a r 1 LfceI No. 23021, that wil be t d adjoining /vt lines, and I0 tee! ]n id(h a within 1 year of the recording o/ this Olaf. f-wv s 2*7'rs ° 9 (°�/e [jC vdjvining rigM1f-a y lines vs shown vn ! p Westwood at° ° ant Cost Iron Mmumme) - 'C Professional Services, Inc. ATTACHMENT Two Cost Share Table Prestwick Place 11t"Addition February / 2015 Prestwick Place Cost Sharing Tract Owner Acre (Feasibility) Acre (Exhibit D) Acre (Developable Platted Area Akron Avenue CR 42 Access Connemara Trail West Akron Avenue Connemara Trail East of Akron Avenue Street 4 Street 8 Street 9 (Pink) Street 9 (Green) Street 14 Street 16 Street 17 Total Assessment 1 US HOME CORPORATION 15.458 15.68 14.74 $3,842 $0 $35,072 $107,035 $55,752 $278,354 $113,953 $13,409 $0 $0 $0 $607,417 2 US HOME CORPORATION 28.329 27.34 28.29 $7,041 $0 $64,275 $196,157 $38,801 $222,256 $37,984 $32,181 $223,486 $0 $0 $822,182 1 AKRON 42 LLC 20.146 19.18 19.18 $19,026 $425,933 $209,012 $0 $0 $0 $0 $0 $256,136 $0 $0 $910,107 4A DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY 19.748 -- 19.75 $4,908 $0 $44,806 $136,740 $0 $0 $0 $0 $0 $270,310 $207,822 $664,586 4B ARCON PEMTOM, LLC 7.912 --- 7.91 $1,967 $0 $17,951 $54,785 $0 $0 $0 $0 $0 $451,099 $0 $525,802 5 US HOME CORPORATION 15.072 --- 15.07 $3,746 $0 $34,196 $104,362 $0 $0 $0 $0 $0 $221,401 $208,038 $571,744 AKRON 42 LLC 29.513 --- 29.52 $19,017 $371,470 $0 $598,187 $0 $0 $0 $0 $0 $0 $0 $988,674 7A U.S. HOME CORPORATION 16.217 16.22 1632 $4,526 $0 $205,531 $0 $0 $0 $0 $0 $0 $0 $0 $210,056 7B U.S. HOMECORPORATION 117.096 117.13 117.38 $32,678 $0 $1,484,049 $0 $0 $0 $0 $0 $0 $0 $0 $1,516,728 TOTALI 269.49 1 195.55 1 268.06 1 $96,751 1 $797,403 1 $2,094,892 1 $1,197,267 1 $94,553 1 $500,610 1 $151,938 1 $45,590 1 $479,622 1 $942,810 1 $415,860 1 $6,817,296 NOTE: Tract 2 - US Home Corporation is paying overhead in cash for Streets 4, 8 and 9 (green) with the Prestwick Place Ab subdivision agreement Tract 1: US HOME CORPORATION Tract Development Acre (Feasibi0ty) Acre (Exhibit D) Acre* (Developable Platted Area Akron Avenge CR 42 Access Connemara Trail West of Akron Avenue Connemara Trail East of Akron Avenue Street 4 Street 8 Street 9 (pink) Street 9 (Green) Street 14 Street 16 Street 17 Total Assessment Tract COST PER ACRE --- --- (Developable $261 $0 $2,379 $7,262 $3,782 $18,884 $7,731 $910 $0 $0 $0 $41,209 1 PRESTWICK PLACE 7TH ADDITION --- -- 0.00 $0 $0 $0 $0 $55,752 $278,354 $0 $13,409 $0 $0 $0 $347,515 1 PRESTWICK PLACE 9TH ADDITION -- --- 2.20 $573 $0 $5,235 $15,975 $0 $0 $17,008 $0 $0 $0 $0 $38,791 1 PRESTWICK PLACE I OTH ADDITION --- -- 1.77 $461 $0 $4,212 $12,853 $0 $0 $13,684 $0 $0 $0 $0 $31,210 1 PRESTWICK PLACE I ITH ADDITION --- --- 10.77 $2,807 $0 $25,626 $78,207 $0 $0 $83,262 $O $0 $0 $0 $189,902 TOTALI 0.00 1 0.00 1 14.74 1 $3,842 1 $0 1 $35,072 1 $107,035 1 $55,752 1 $278,354 1 $113,953 1 $13,409 1 $0 1 $0 1 $0 1 $607,417 Tract 7A: US HOME CORPORATION Acre Acre Acre* Connemara Trail Connemara Street 9 Street 9 Tract Development (Developable Akron Avenue CR 42 Access West of Alcon Trail East of Street 4 Street 8 14 Street 16 Street 17 Total Assessment (Feasibility) (Exhibit D) Platt Ara Avenue Akron Avenue (Pink) (Green)Street COST PER ACRE -- --- $279 $0 $12,671 $0 $0 $0 $0 $0 --- $0 $0 $12,950 7A PRESTWICK PLACE I OTH ADDITION -- --- 15.07 $4,205 $0 $190,959 $0 $0 $0 $0 $0 $0 $0 $0 $195,163 7A PRESTWICK PLACE 11TH ADDITION --- --- 1.15 $321 $0 $14,572 $0 $0 $0 $0 $0 $0 $0 $0 $14,893 TOTALI 0.00 1 0.00 1 16.22 1 $4,526 1 $0 1 $205,531 1 $0 1 $0 1 $0 1 $0 1 $0 1 $0 1 $0 1 $0 1 $210,056 PRE.S T WICK PLACE 11TH ADDITION KNOW ALL PEBSDNS BY MESE PRESENTS That U.S. Nome Corpamtion, a Delaware corporetlon,ownn of the following described property OTY PUNNTNO COVMI m Approved by the Planning Commission of the City of Rosemount, Minnesota. this day of 20� Oadot A, PRESMCK PLACE 10TH ADDITION, according to the recortled plat thereof, Dokoto County, Minnesota.. Chafe Secretory ed the some fa be surveyed and platted os PRESTMICK PCACE 11TH ADD/RON antl da hereby donate and dedicate to the pu5lic fl.spublc use Ne pudlrC ways and the dra huge and utility easements ns created by MIs pllf. M witness whereof said OS Home 0orp010tfon, a Delaware rorporation; has caused these presents to be signed by its prdper oWO, Ihfs day of 20� U.S HOVE COYPOPARON m STATE OF MINNESOTA COUNTY OF This i trument was acknowledged before me on by its of U.S. Home CoPorOfion, a Delaware corporation, on behalf o! the CorporoV- Nota y Public, My Commission F.Plfes 1, Craig W Morse, do hereby certify that this plat was prepared by me o under my direct s t—that I 0 -y Licensed Land Surveyor In the State of Mlnneso te: "It this pIt is 0 ect represen teflon ol the b111 1— that 0/I mothemetical dete and labels o ectly designated on this plot, that all m encs depleted on "" plat have been, o will be c rrecfly set within a e year: fhaf Ill water boundar;es and wet lands, os delved in Min esofo Statutes, Section 505.0], Subd. J, os o/ the date of this rertifico to are I— and III -1 In th plat; and all public ways ore shown Ind labeled on this plot. Doted this _ day o1 20_ Craig W Morse, Licensed Land Surveyor Minnesota License No. 23021 STATE OF MINNESOTA COUNTY OF HENNEPM This instrument Mi oro cknowledged before me on by Craig W. Mprso, fond Surveybr, nnesota License No 23021.s Notmy Public, My Commission £xplres CITY COMM Thwis plat s --d by the City Council of Rosemount. M sole, this day o{ 20— and hereby certifies Complioncd with all requ/rements as set forth in Minnesota Statutes, Sectfon 505,03. Subd 2. COUNTY S/RYEYOR I hereby certify that in accord - with Minnesota Statutes, Secticn 505.D21, Subd. 11, Ihfs plat hos been renewed and approved this day Todd B. Tollelson Dakota County Surveyor DEPARTMENT OF PRDPiRiY TAXAi AND RECORDS Pursuant to Minnesota Stotufes, Sectfon 505.021, Subd 9, taxes payable in theyenr 20 n Me land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Sect/on 272.12 there are no delinquent foxes wd transfer entered this day of 20_ D/rector Deportment of Property RecoMs COUNTY RECORDER COUNTY OF DAKOTA, STATE OF MMNESOTA I hereby certify fhaf this plat o1 PRESrWCK PUCE 11M ADDIRON w s filed in the ofl'ce of the County R—d., for public record on this day of 20Ot a"clock A, dnd was duly t%ed in Rook of Plats, Page os Document Numbe County Recorder By Deputy Dokoto County, Minnesota REOYSMAR OF RTLES COUNTY OF DAKOTA. STATF OF MINNESOTA I hereby certify that this plot of PRESIIIIOK PUCE 11M ADD/ROV was tiled In the office of the Registrar or Titles for public record on s day o! 20— at OVOI M and was duly filed in Book IfPlots. Page os Document Number Registrar If MIt Westwood Professional Services, Inc. PRESS' T V ICK PLACE 11TH ADDITION N89°31 ;ii'W 208.5117.39' ` - en.a r -__----T—`---/7 0, ESBURI uea,e m v 32.84 l N38002J71E/ y C� zz Ir n=as°Ji'3i•w ibz-3s ^� /8;� i I m �7� I Ml rrvTh' r'= r / I' -^-rin/r/v//� zz J r50.Or n__� ; �4 h `-- „1_-�___ N89°35'11'W 456.91 13500 " 96.13 ISr.90 )rs,6 _,. _y 3e9°,e.,�•w --- - T yes u,�,•w T.va.sa n i!I �^'\ oran�� � � � rr�-dry Y � ' � E mer ' 1 ,6.3 ' ., o R I42AD MEE-7 WEST ' ml r ` 1 l-� f. +T ;sem - _ r 150.01 i' s I ��a_ o.°'�,°s, a -, I ro I � ,M1, s ,� \ ° r 19 n W P - �-� 20je L1 -__--_____J rs r s o0o T s°Sr 31 "E 1s e L- nes ar'Jrwr rJSeo -Jro27,0 '+-.e,r une °r m, s ,/ o/ h l: A s T Qi s geG18 U n Ir �`. Nnsw r/,1 °la a o Im el Iq' I o 16 �'r, 2/ 4 r LJ Z' - ``n q L 589 3I"E 15a 00 J = 4 q +wPo\\ i / y�\ \ �•a i'.\ m L Nes°ar 3rw 22 5e°�''nv `'$, �'� / � 27 O ma �' uwr'ry rnnmmi l`Im __ Iro ' Vis. n'e•` "�,e v �,v i sO /A� L -_-J {/� r� O L----1 150 _� of n r N89°Jl'31'W 13500 rr l5 r ---------L, gi oge D=6°;2'31,/'/' a\ \ \ /� SV1 C3 / /\ S to 'Q �$\ \ L MINITY MAP No scale fNW.SNE 1,114 I 4 rasn sal nl SW 7/4 c SE 1/41 Sect;one 21, Twp, 115, Rge. 19 a n-1 1 Im hl �, __-______ �_L-wss / yyro W ro3i�' '/ % ' �'sa .;� w z 24 ' X jV I F7 L-nag°.n'3r^w rsa.00 �m Ak V r in' 13 Sl ig a ivt�i r ivy ', m ';h?o hl e e / i2 r sag J131 -f 150.00 1 ml I � �r � -1_ i$ L -----J '�� Jo r g vnnrr e°,emerr m (-- nes°3r's^w 13500 5 � a a � i of l,o '' °yeP�.`. ------ L ---Lia el 6 3 (-->______° \Z L______J 8 N87°27'0 °^ f° 7'04'E L_ sag°3r3rc rso_oa __J °�___Na9°xmw ]eo.ao __J, I �,1� ��✓ / 90.00 70.00 50 0 50 100 I ml 1r r I I Mi '0I :' G!Y°� r 589 313/ [ 150.00 1 I I I o armn°ge one unary c°temente ore shown rol N .2 tnus. I to I 12 / I al 8 __J I to __ �I 30m '3000 L 5000 (/ The west line or OuhvI A, PRE00PLACE 10TH S I I I I I `�- N89°31 '31,W 150.00 -' \ ADDITION is nesumed r° benr N ooa'2g" E N00°28'29E I I ' N89°31 JI'W 150.00 -" _ - 29'� ^"'^^" "`'^"'E e • Denotes 1/2 y rebar to 1 to inch 6 14 inch iron � - 'c r;�-rirrr/�l ft-ft-vnd mvrked by License Nv. 23o2I nr �---------— -------- — , c — m .. Tf1 r3L/t/l l lvr v No mon went -y 1 shown of any statute raquimd (No scale) (Qc°tionvmeld by o 1/2 ]nch by , ]n ch c°ppee lion Being 5 leaf in width, unless otherwise indicated, 3 L, bar a r 1 LfceI No. 23021, that wil be t d adjoining /vt lines, and I0 tee! ]n id(h a within 1 year of the recording o/ this Olaf. f-wv s 2*7'rs ° 9 (°�/e [jC vdjvining rigM1f-a y lines vs shown vn ! p Westwood at° ° ant Cost Iron Mmumme) - 'C Professional Services, Inc. ozo,a wese.00e Protessfonal seM�as. mom. N�BSc V LuLiix CONTRACTOR: DOBOSZENSKI &SONS INC. GSL A� �- LTRATION AREA DENOTES SOIL BORINRECORD DRA KMG CON NGG TTo CONS7RUC77ON RECORDS / Mn/OOT SEED MIX 33-261 NATIVE SEED MIX FOR THE DENOTES SILT FENCE BY DeWn Rainbow DATE 11/23/14 / INFILTRATION PONS AREA ?5C- DENOTES EXISTING CONTOURS / SEED RATE: 35 LBS./ACRE DENOTES PROPOSED CONTOURS / SEED METHOD: DRILL SEEDING DENOTES EXISTING STORM SEWER DENOTES PROPOSED TREE SEWER oo 0 CONSERVATION EASEMENT SEED MIX DENOTES EXISTING TREE NNE 7' SEED MIH 35-641 DENOTES APPROXIMATE TREE \ _ 001�O MESIC PRAIRIE SOU EAST SEED MIX _ FOR CONSERVATION EASEMENT AREA �w� REMOVAL LIMITS SEED RATE: 12 LBS./ACRE 858} DENOTES EXISTING SPOT ELEVAl10N - ' CB-5�1 �_i SEED METHOD: BROADCAST �'° DENOTES PROPOSED SPOT ELEVATOM E= 36 � \ I L a L.P. _i DENOTES B10-ROLL EROSION CHECKS IVT \ 5 v -- o v.v / G' 50 100, 150' DENOTES EMERGENCY OVERFLOW E%. 3fi^ RC �- c \ \�� / ELEVATIOry � /� Curl aB Hogs Sero.e e19E.9: 0 INLET ` SILT FENCE (TY� z3 '� TnfH �°° \933.72 \ ' \ 811 or cc11811.com DENOTES STREET Ro HrnoN EONETRUCTIONo Common Groupe Allance 0 934 _ .rte E=9}1.0 DENOTES EXISTNGE\ET LIGHT 0 1 _ Pa2 D E a IQ y 14� = 3c \ \ \\ \ NF.R I' .+� i I 9siJ aIE_9s..�s +_.�. \\ mA IN' v 1 +t l - -- * STP- 19 + vos g / --1 I 7 �'� r s - +Y�ts++ / 4 ; � � z� POND P5 1- 949 tR � o *,HWL=9�A.� I /+++ + H OUTLET=921.0 Q ++ + '`�� m 100 YR. = z a ++ moo. ++ _ mx9,D.73 HWL=924.8 +�+i+�++*+++*+++ 99 $'64ci++ + ++xk+ 2. 910.86 �' .x9. 1 .. 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Ilvt°iOr y.%-a99 �\ 27 A \K Lor co (ttPJ Latest Revision Detz 17]06/14 EY gy 6.3 2/Ps i1 2 s l0 30. I 93a �\ '�\ 02/25/14 sex 3 on 6aW Prestwick Place ". MrWlMbawc �++ Wipes �ps Pp..d Im: I I �w Lennar Corporation 9t & 101 Grading Drainage & ve. e o rr� 1 Pe I T6305 36th AN., Suite ONG e j Erosion Control Plan West-od �,,,,,,�,w,m,,, W05/14 1T/16 Plymouth, M 55446 '�j r, ml � I s B 9 � B i 1 E.O.F. R o ii R �40 c7 Y � <\ � '' d>F. 0 —S� � ` \ \ �\\✓ �J F Im i szas i P 24 v / v K � o m - I 934 4 / o 0 oa LLUGGEVQ 1 d m n I 14 ` \ �\ 9 �/ c \ DENOTES SOIL BORING 1 73 F. ttma I I `9 5 \ 9 i/ DENOTES SILT FENCE I \ T /\ oT coRxm Fu'vnnau v=,T._ DENOTES E%ISTING CONTOURS –_ � 36'6 f _ I I � �9B0�� DENOTES PROPOSED CONTOURS ��'/ \\ DENOTES EXSTNG STORM SEWER lI r------ --- g Ax 9s 1 %, \ / c T uuuaER Ny DENOTES PROPO a SED STORM SEWER m 1 1 1 I I \\ 90ey �Iy( DENOTES E%STING TREE UNE 1. E^ WTL WOnSOo G (AEK ELF=.T venON /YVVYI REMOVAL LIMN TES ITS APPROXIMATE TREE u• j 1 \\ /9 r pgOvooN En pp„ DENOTES EXIST NG SPOT ELEVATION 1;. 938 9g\ FRaxi cgM[a[v - DENOTES PROPOSED SPOT ELEVATION 932.2 R } LN 932.6 LN 932.5 R 9 _ _ yvae. DENOTES DO ROLL EROSION CHECKS 1 ` 9 5 G G DENOTES EMERGENCY OVERFLOW °° s / Ro-1)ELEVATION of DENOTES INLET PROTECTION s \V / X DENOTES STREET LIGHT _ _ -- \ GRNDING CERIIFlC 11 ^ \ I / � � ExT a0ort e.o DifERE. FRou EPSENENT aoo 1 \ ___INLET PRO r/CTIO� uC r���/ ,..v\ �� \\ \ 'i [uaATOS F m� wa vwwrzooR o o osMT W 01VA cRPDETElEVnTgi"o° X I� ,~E r� y, 1 1 �_ I / : l / / / 111 1�) Ixe�oasau o i snxArc Is oRovvm CONTRACTOR: DOBOSZENSKI &SONS /NG / // i 1 \ RECORLT DAAHIM Jill, p 1\: n CONFORM/NG TOCQVSTRUCTION4r ----- EI TWICAL LAT BY Devin Rambow DAT 11/23/14 1 /I C/ 1 11 `1� s gw 1 1 0' so oo' o' latest Revision Datr. 77•/05/14 sn:e oe Prestwick Place 02/25/14 4 6 ". N.n.am.IrwnMc �1°""u"is tea' I'[eJle[d fW: I� I a. Lennar Corporation 9t & 1�t Grading Drainage & Pma� u Eigm T ?s' / 163M ism A— N, S,ice Soo Erosion Control Plan VVest—od �,�,� W05114 U716 Plymouth, MN 55446 �ddi,�.ion \�933.7 If ER7FICATIM�' .. asst •• � i �___ �' '. � _ .. ml � I s B 9 � B i 1 E.O.F. R o ii R �40 c7 Y � <\ � '' d>F. 0 —S� � ` \ \ �\\✓ �J F Im i szas i P 24 v / v K � o m - I 934 4 / o 0 oa LLUGGEVQ 1 d m n I 14 ` \ �\ 9 �/ c \ DENOTES SOIL BORING 1 73 F. ttma I I `9 5 \ 9 i/ DENOTES SILT FENCE I \ T /\ oT coRxm Fu'vnnau v=,T._ DENOTES E%ISTING CONTOURS –_ � 36'6 f _ I I � �9B0�� DENOTES PROPOSED CONTOURS ��'/ \\ DENOTES EXSTNG STORM SEWER lI r------ --- g Ax 9s 1 %, \ / c T uuuaER Ny DENOTES PROPO a SED STORM SEWER m 1 1 1 I I \\ 90ey �Iy( DENOTES E%STING TREE UNE 1. E^ WTL WOnSOo G (AEK ELF=.T venON /YVVYI REMOVAL LIMN TES ITS APPROXIMATE TREE u• j 1 \\ /9 r pgOvooN En pp„ DENOTES EXIST NG SPOT ELEVATION 1;. 938 9g\ FRaxi cgM[a[v - DENOTES PROPOSED SPOT ELEVATION 932.2 R } LN 932.6 LN 932.5 R 9 _ _ yvae. DENOTES DO ROLL EROSION CHECKS 1 ` 9 5 G G DENOTES EMERGENCY OVERFLOW °° s / Ro-1)ELEVATION of DENOTES INLET PROTECTION s \V / X DENOTES STREET LIGHT _ _ -- \ GRNDING CERIIFlC 11 ^ \ I / � � ExT a0ort e.o DifERE. FRou EPSENENT aoo 1 \ ___INLET PRO r/CTIO� uC r���/ ,..v\ �� \\ \ 'i [uaATOS F m� wa vwwrzooR o o osMT W 01VA cRPDETElEVnTgi"o° X I� ,~E r� y, 1 1 �_ I / : l / / / 111 1�) Ixe�oasau o i snxArc Is oRovvm CONTRACTOR: DOBOSZENSKI &SONS /NG / // i 1 \ RECORLT DAAHIM Jill, p 1\: n CONFORM/NG TOCQVSTRUCTION4r ----- EI TWICAL LAT BY Devin Rambow DAT 11/23/14 1 /I C/ 1 11 `1� s gw 1 1 0' so oo' o' latest Revision Datr. 77•/05/14 sn:e oe Prestwick Place 02/25/14 4 6 ". N.n.am.IrwnMc �1°""u"is tea' I'[eJle[d fW: I� I a. Lennar Corporation 9t & 1�t Grading Drainage & Pma� u Eigm T ?s' / 163M ism A— N, S,ice Soo Erosion Control Plan VVest—od �,�,� W05114 U716 Plymouth, MN 55446 �ddi,�.ion 02013 Westwood Professional SerWcas, Inc. / Y' / !\ 't\ 5 `� _fix\'\`�,; / /,' Preliminary Plant Schedule / \ `\J// _ ^ , ` L AIM, AME SZE SPACING O.C. i ' 1 CODE QTY. COMMON Pe /Acer saccharum 25 BM AS SHOWN ��\ f� OVERSTORV gamMBaze Mope / Acer x fr rs RaC 3.5' 6 ROwN F SIM- H.I.A. ust / eedt,m tr skycoe11 �R AS SHOWN ^ ` �r Pe cap s Ouberwa e'psoa i' L_ / \ //' 2 ���` �, i �/ n ouoapu/ oue�<u, eloolor a s21 RP AS SHOIN L \ I \\ "�—_/ j' •; �/ / ,\ / OovW/ O�erwe maoroeomo 2.5' ee x �ry / Ce Ts oa tlento �s 2.9" OR SHOWN L,— Pr n r — — — / r/ cooed L.ae. / n o «.,enooee reeen°one zs- es s shoOwNN Hoep _ �-vfv<ry/p-/iii -• �� ' sane EKV}EEN V] BPo—neeroL sn P ne P ., AS 1— SPT.- /P'a —g— I U. AS SHOWN 6 T,BB AS SHOWN POW, 11 �, — , u �` ,'� O AL 9 / BB CLUMP AS SHOWN \ _ / T 2 ao \ RNr O /AN AS SHOWN e HxL-9219 c�' s�eP s,owch 2/Maus'SP e rn Snow i 2 Landscape Requirement Calculations � x � i I R... cee ram r t T-1 16 P. , „ =o 10 L_ L_J 4 5 f r � ' �� , � , r � = Misc. Notes - -,w � -----= --- •r�—_ ---- _--_- -----_- _ - -T _. - o—tt<ee p -p.<d. ,tmoto oper _ _ ,__ . a, t.«, s h re«e .rMr ..,met. pd�m L /._ PIA1111 Oer MDUAL LOT 3q � 38 3 r � T � � • iPas. A L lsHccr �a, FOR NO 3 1` - - 30 ------ � ' 5f C 19 15 / 7 � � T � Trr �r � '• / I 2 � �� \ -- 2i z2 p3 2a / 14 3 X 72 A J 131AI W -Is a - 12 5 2 10 —_ 11 6 1 2 3 14� ' d fi 4 a s .f to 209' 300' Cup 49 Hours before d1991eg NOT FOR CONSTRUCTION ~`-- B ,, - 811 or ce11811.com 000, PeT. /,+ `-,-r ) comm croOea anmoOe. am 05/21/13 sw:L 10 oR 13 Prestwick Place ". n.nra.ls.�.a"c r m �er.� Nom_ p[epexd fm �� I I I Lennar Corporation 9th Addition Preliminary Landscape Plan C, „e a Taws zm w.a a n, sw. eco overall Wwo estod aJZ" 26M P"—ffi, MN M"&4410 Roeemou., Mirutesota 4ROSEMOUNT PUBLIC WORKS MEMORANDUM DATE: February 17, 2015 TO: Eric Zweber, Senior Planner CC: Kim Lindquist, Community Development Director Andrew Brotzler, Director of Public Works/City Engineer Dan Schultz, Parks and Recreation Director Christine Watson, Public Works Coordinator FROM: Phil Olson, Assistant City Engineer RE: Prestwick Place 11th Addition Engineering Review SUBMITTAL: Prepared by Westwood Engineering, the Prestwick Place 11th Addition Plans for Final Plat are dated December 12, 2014. Engineering review comments were generated from the following documents included in the submittal: • Prestwick Place 11' Addition Final Plat • Final Lot Areas • Prestwick Place 10`h Addition: Easement Vacation • Prestwick Place 9th & 10th Addition Grading, Drainage, & Erosion Control Plans, revised December 5, 2014 (6 pages): o Overall Grading & Turf Restoration Plan o Grading, Drainage, & Erosion Control Plan o Street Profiles o Details DEVELOPMENT FEES: 1. Estimated development fees are based on the city's current fee resolution. Development fees are due with the final subdivision agreement. 2. Per the existing Joint Development and Cost Sharing Agreement, the developer is responsible for the costs of adjacent roadways. This development includes 10.77 acres of Tract 1 and 1.15 acres of Tract 7A. The costs for Prestwick Place 11th Addition are as follows: • The developer is responsible for costs associated with upgrading Akron Avenue. This cost is $261 /acre for Tract 1 and $279/acre for Tract 7A. Based on these rates, the total cost is $3,128. • The developer is responsible for costs associated with the extension of Connemara Trail between Bloomfield and Akron Avenue. This cost is estimated at $2,379/acre for Tract 1 and $12,671 for Tract 7A. Based on these rates, the total cost is $40,198. • The developer is responsible for the future development of Connemara Trail east of Akron Avenue. This cost is $7,262/acre or $78,207. • The developer is responsible for a portion of the extension of Ailesbury Avenue. This cost is estimated at $7,731 /acre or $83,262. SITE PLAN COMMENTS: 3. The block numbers on the grading plan are required to be updated to match the block numbers shown on the final plat. 4. Trees located on individual properties shall not be planted near the sanitary sewer and water service lines. These trees shall be positioned near the property lines. 5. An additional streetlight is required on Alma Circle at approximately 2+00. EASEMENT COMMENTS: 6. Storm sewer is proposed along the side and back lot lines of certain properties to convey rear yard drainage. Drainage and utility easements along these lines shall prohibit the installation of sheds to ensure that access can be provided for storm sewer maintenance. Fences are allowed but shall not restrict drainage and are required to include gates for truck access over the drainage and utility easement. Also, landscaping that will block access should be prohibited. These restrictions should be added as a restriction on the property deed. This will impact the following properties: • Block 1A: Lot 1 • Block 2A: Lot 2 through Lot 7 and Lot 12 through Lot 24 • Block 3A: Lot 1 through Lot 6 7. Trees should not be located over storm sewer pipes or within emergency overflow routes or overland flow routes. Additionally, trees located on individual properties should not be planted near the sanitary sewer and water service lines. These trees should be positioned a minimum of 15 feet from the service lines. 8. The width of drainage and utility easements over all public utilities shall be verified during final design. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. 4ROSEMOUNT PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Eric Zweber, Senior Planner Jason Lindahl, Planner Andy Brotzler, Public Works Director/City Engineer Phil Olson, Assistant City Engineer From: Dan Schultz, Parks and Recreation Director Date: February 19, 2015 Subject: Prestwick Place — 11th Addition Final Plat The Parks and Recreation Department recently reviewed the final plat for the Prestwick Place 11`h Addition. After reviewing the plans, the Parks and Recreation Department staff has the following comments: PARKS DEDICATION The parks dedication requirement for the 34 units in the 11`h addition is either 1.36 acres of land or cash in lieu of land. Staff is recommending that the developer receive credit for land already dedicated in an earlier plat for the 1.36 acres required for the 11th addition final plat. There will be 1.27 acres of Prestwick Park dedication remaining for the next Lennar final plat. Please let me know if you have any questions about this memo. Excerpt from the February 24, 2015 Planning Commission Minutes 5.b. Request by submitted by Lennar Corporation for the 34 Lot Final Plat of Prestwick Place 11`'' Addition (15 -02 -FP, 15 -03 -VAC). The applicant, Lennar Corporation (Lennar), requests approval of a Final Plat for Prestwick Place 11d' Addition to allow development of 34 single family lots. The final plat is necessary to facilitate subdivision of the subject property into individual residential lots. Aldborough Avenue will be completed from the intersection of Albany Avenue to the south, to the intersection with Ailesbury Avenue to the north. The Extension of Aldbourgh Avenue will include an extension of 142nd Street which will provide a connection with the Bloomfield neighborhood to the west. Additionally, the cul-de-sac of Alma Circle will be constructed to provide access to 13 lots. Staff finds the application consistent with the Prestwick Place 9`'' Addition Preliminary Plat that was approved by the City Council on July 16, 2013 and recommends approval of this application subject to the conditions within the recommended action. Chair Miller if the City has heard any concerns by Bloomfield neighbors whom spoke at the preliminary Plat approval. The issues that were raised were addressed with construction of the Prestwick Place 10`' Addition that were addressed, including addition being transferred soil from Bacardi project. There should be no issues raised from residents in the residents in Bloomfield since all lots are already graded. City staff worked with current residents to correct any concerns from last year. The public hearing was opened at 7:09 pm. Public comments: None MOTION by Kenninger to close the public hearing. Second by Kurle. Ayes: 3. Nays: 0. Motion Passes. The public hearing was closed at 7:10 pm. Additional Comments: None Motion by Kurle to Recommend that the City Council Approve the Final Plat for Prestwick Place 11d' Addition, subject to the following conditions: 1. Drainage and utility easements with storm sewer infrastructure may contain fences but shall be required to include gates to provide truck access; shall prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede drainage. 2. 1.36 acres of Prestwick Park dedication will be attributed to these 34 lots. 1.27 acres of Prestwick Park dedication credit remains for the next Lennar final plat. 3. Compliance with the conditions and standards within the City Engineer's Memorandum dated February 17, 2014. 4. Compliance with the conditions and standards within the Park and Recreation Director's Memorandum dated February 19, 2014. Second by Kenninger Ayes: 3 Nays: 0 Motion approved.