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HomeMy WebLinkAbout6.l. Request by CNC Development IV, LLC for Final Plat Approval of Emerald Isle 3rd Addition EXECUTIVE SUMMARY City Council Regular Meeting: March 15, 2022 AGENDA ITEM: Request by CNC Development IV, LLC AGENDA SECTION: rd for Final Plat Approval of Emerald Isle 3 Consent Addition. PREPARED BY: Julia Hogan, Planner AGENDA NO. 6.l. ATTACHMENTS: Resolution, Subdivision Agreement, Location Map; Final Plat; Landscape Plan; Engineer Review Memo dated APPROVED BY: LJM February 2, 2022; Parks and Recreation Memo dated February 16, 2022. RECOMMENDED ACTION: The Planning Commission and Staff recommend the City Council adopt the following motions: rd 1. Motion to adopt a resolution approving the Final Plat for Emerald Isle 3 Addition, subject to conditions. 2. Motion to approve the subdivision agreement between the City of Rosemount and rd CNC Development IV, LLC to construct Emerald Isle 3 Addition. Applicant: CNC Development IV, LLC Plat Acres: 20.90 Met Council Net Acres: 20.90 Residential Lots Created: 151 preliminary lots, 54 final platted lots Gross Density: 2.16 Units/Acre (single family 151/70.07 acres) Net Density: 2.16 Units/Acre Comprehensive Plan Guiding: LDR – Low Density Residential Current Zoning: R1 PUD – Low Density Residential Planned Unit Development Surrounding Land Uses North: Low Density Residential East: Agriculture South: High Density Residential and Public/Institutional West: Medium Density Residential and General Commercial SUMMARY The City Council is being asked to consider a request from CNC Development IV, LLC, for approval of a rd Final Plat for Emerald Isle 3 Addition to allow development of 54 single family lots. This plat represents the third project phase of a multi-phase preliminary plat approved by the City in May 2020. The final plat for the first phase of development was approved by the City Council at its meeting on September 15, 2020 and the final plat for the second phase of development was approved by the City Council at its meeting on February 2, 2021. The final plat is necessary to facilitate subdivision of the subject property into individual residential lots, outlots, and public streets. Staff finds the application consistent with the Emerald Isle Preliminary Plat and recommends approval of this application subject to the conditions detailed in the attachments and the motion above. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at its meeting on February 22, 2022. The Commission voted unanimously, as part of its consent agenda, to recommend the City Council approve the request. BACKGROUND In May 2020, the City Council approved a Preliminary Plat, Planned Unit Development (PUD) Master Development Plan with Rezoning, and reguiding of a portion of the site to permit construction of 151 single family lots with a multi-family project to be approved in the future along the southern border. An amendment to the City’s comprehensive plan was approved by Council concurrently with the Planned Unit Development Plan for Emerald Isle in May 2020. The comprehensive plan amendment approval process through the Metropolitan Council was completed in early 2021. The amendment was related to the nd southern portion of the 2 Addition that was approved for a future apartment building in that area. The current final plat is the third final plat of the project. This creates the remainder of the single family lots within the Emerald Isle subdivision and as well as the extension of Connemara Trail to the east. A rd drainage and utility easement, described as Outlot A, was dedicated over the entire Emerald Isle 3 Addition plat area with the recording of Emerald Isle 2nd. This area was vacated by the City Council after nd the approval of the 2 Addition Final Plat in early 2021. 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 and is consistent with the preliminary plat, it must be approved. Land Use and Zoning. The proposed 54 single family final plat is consistent with the current land use and zoning classifications. The subject property is guided LDR – Low Density Residential and HDR – High Density Residential and is zoned R-1PUD, Low Density Residential Planned Unit Development and R-4PUD, High Density Residential Planned Unit Development. As a result, the property is subject to all the standards of the R-1, Low Density Residential and R-4 High Density Residential zoning districts as well as the standards for detached single family units contained in the approved PUD. While this development is subject to all of the conditions and development standards contained in the PUD, the most notable deviations from the requirements of the Low Density Residential zoning districts are provided below. All these items were anticipated in the preliminary plat approval and were part of the initial PUD approval. 1. Section 11-4-5 F. 1. R-1 Minimum Lot Area: The minimum lot area shall be 8,125 square feet for interior lots and corner lot minimum of 10,625 square feet. 2. Section 11-4-5 F. 2. R-1 Minimum Lot Width: The minimum lot width shall be 65 feet for interior lots and 85 for corner lots. 3. Section 11-4-5 F. 5. R-1 Minimum Side Yard Setback: The minimum side yard setback shall be 7.5 feet. 4. Section 11-4-5 F. 6. R-1 Minimum Rear Yard Setback: The minimum rear yard setback shall be 25 feet. 2 5. Section 11-4-5 F. 9. R-1 Maximum Lot Coverage: The maximum lot coverage shall be 30% for lots over 10,000 sf and 40% for lots under 10,000. Final Plat Standards for reviewing subdivision requests are detailed in Title 12 of the Rosemount City Code. This section of the Code outlines the two-step Preliminary and Final Plat process for land subdivision. In this case, the preliminary plat was approved in May 2020 consisting of 151 single family lots and various outlots. Staff finds that the final plat is consistent with the preliminary plat and meets the requirements of the zoning ordinance. Streets & Access The sole access to the first phase of development came from Addison Avenue in the northwest corner of ndndrd the development area. Lots within the 2 Addition are accessed by 142 St E, 143 St E, Aspen Ave and a rd portion of Alder Way that ends in a cul-de-sac. Lots within the proposed 3 Addition will be accessed by an east and north extension of Alder Way, Acer Ave, and as well as an eastern extension of Connemara Trail, which Aspen Ave and Acer Avenue will have a connection to. This extension of Connemara Trail will also provide additional access to the future apartment building site to the south. As part of the Engineers comments in the memo dated February 2, 2022 a pedestrian access ramp must be provided on rd the south side of Connemara trail at Aces Avenue with the development of the 3 Addition. Water and Sanitary Sewer Sanitary sewer is available to the site via existing Metropolitan Council interceptor which currently traverses the site. The developer received a permit from the Metropolitan Council to connect to the sanitary sewer directly into the line. The elevation of the sewer must be deep enough to also serve the nd property to the east, should it develop in the future. The applicant requested during the 2 Addition final plat that an extension of the storm water line be placed under Connemara Trail. The developer requested to have the sewer installed within the entire site rather than piecemeal, so grading of the site will not be impacted by the sewer installation. Landscaping The landscaping plan provided shows one tree on the front yard of each interior lot and two trees on each corner lot as required by City Code. Additional landscaping is shown in the area near the stormwater ponds in the southern portion of the plat and as well as along the eastern extension of Connemara Trail. The landscaping plan for this phase of development is consistent with the overall landscaping plan approved with the Planned Unit Development Agreement. The applicant is required to submit a letter of credit of $44,550 to ensure individual lot landscaping as well as the landscaping located in the common areas. Storm Water Management The developer will be managing the stormwater on site with the use of retention and infiltration basins. st With the Final Platting of Emerald Isle 1 Addition drainage and utility easements were placed over the entirety of Outlot A and Outlot B. The applicant requested to vacate the blanket drainage and utility easement over the two outlots, which at the time staff was supportive of as long as drainage and utility easements were dedicated over all areas to be used for regional and on-site ponding. The applicant requested the City not require dedication of a blanket easement over Outlot B. Staff expressed support of st vacating a portion of the blanket drainage and utility easement over Outlots A and B of Emerald Isle 1 Addition to accommodate development of the second phase of Emerald Isle. Staff recommended approval of the vacation request subject to the condition that the areas needed for onsite and regional rd ponding as well as the extension of the storm sewer be excluded from the vacated area. Emerald Isle 3 Addition will have drainage and utility easements over Outlot A, which is located north of Connemara 3 Trail and Outlot B, which is located south of Connemara Trail. Parks and Open Space The Rosemount Parks and Recreations Department reviewed the plans for Emerald Isle and is recommending cash in-lieu of land to meet the park dedication requirement for the proposed development. The requirement for 54 single family units is $183,600 (54 x $3,400). The Parks and Recreation department is also recommended a trail along County Road 42 with the trail access provided with development of the southern apartments. Coordination should occur with connections to the Vermillion Highlands Greenway as well as the trail crossing just west of the development area within the old City Hall site. Sidewalks Sidewalks are provided throughout the development on at least one side of all streets, which is consistent with City policy. A sidewalk is shown on the north side of Connemara Trail and a bituminous trail will be constructed along the south side. This is consistent with the pedestrian facilities elsewhere along Connemara in this vicinity. Sidewalk connections are provided to the adjacent neighborhoods. CONCLUSION & RECOMMENDATION rd The Planning Commission and Staff recommends approval of the Final Plat for Emerald Isle 3 Addition creating 54 single family lots, subject to conditions. This recommendation is based on the information submitted by the applicant, findings made in this report, and the conditions detailed in the attached memorandums. 4 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-30 A RESOLUTION APPROVING THE FINAL PLAT FOR EMERALD ISLE 3rd ADDITION WHEREAS, CNC Development IV, LLC. (Applicant) has submitted an application to the City of Rosemount for a Final Plat concerning property legally described as follows: Outlot A, EMERALD ISLE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota WHEREAS, on February 22nd, 2022, the Planning Commission of the City of Rosemount reviewed the Final Plat for Emerald Isle 3rd Addition; and WHEREAS, on February 22nd, 2022, the Planning Commission recommended approval of the Final Plat for Emerald Isle 3rd Addition, subject to conditions; and WHEREAS, on March 15th, 2022, the City Council of the City of Rosemount reviewed the Planning Commission’s recommendation and the Final Plat for Emerald Isle 3rd Addition. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Final Plat for Emerald Isle 3rd Addition, subject to the following conditions: 1.Execution of a Subdivision Agreement to secure the public and private improvements. 2.Adherence with conditions of the Preliminary Plat, Master Development Plan, Emerald Isle 1st Addition, and Emerald Isle 2nd Addition Final Plat approvals. 3.Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. 4.Compliance with the conditions and standards within the Park and Recreation Director’s Memorandum dated February 16, 2022. 5.Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. 6.Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. 7.Provision of $44,550 for landscape surety. 8.Payment of $183,600 for Fee-In-Lieu of Park Dedication. ADOPTED this 15th day of March 2022, by the City Council of the City of Rosemount. __________________________________________ William H. Droste, Mayor ATTEST: ___________________________________ Jessie Paque, Deputy City Clerk Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx SUBDIVISION AGREEMENT Emerald Isle 3rd Addition AGREEMENT dated this ________ day of ________________________, 2022 by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and CNC Development IV, LLC, a Minnesota limited liability company, (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 Emerald Isle 3rd 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. Execution of a Subdivision or Development Agreement to secure the public and private improvements. b. Adherence with conditions of the Preliminary Plat, Master Development Plan, Emerald Isle 1st Addition and Emerald Isle 2nd Addition Final Plat approvals c. Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities. d. Compliance with the conditions and standards within the Park and Recreation Director’s Memorandum dated February 16, 2022. e. Payment of all applicable fees including GIS, Park Dedication and other fees identified in the current fee schedule. f. Incorporation of any easements necessary to accommodate drainage, ponding, trails, underpasses, conservation areas, streets and utilities. g. Provision of $44,550 for landscaping surety. h. Payment of $183,600 for Fee-In-Lieu of Park Dedication 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. 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 Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx 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 Developer and must be approved by the City Engineer. The Developer will prepare plans and specifications for Public Improvements which shall be approved by the City Engineer. Such approvals shall not be unreasonably withheld and the City shall approve or provide Developer with necessary revision comments within 30 calendar days of Developer submittal of Public Improvement plans and specifications. The City will perform all construction inspection for the Public Improvements, at the Developer’s expense. Construction inspection includes but is not limited to inspection, documentation, 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 I. Landscaping J. Streetlights Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx 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, excepting the wear course of pavement, enumerated in Paragraph 6 that will serve the subject property by December 31, 2022, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other force majeure not within the Developer’s reasonable control. The pavement wear course shall be completed by December 31, 2023. 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 2022-07), 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 One Million, Seven Hundred, Ninety-Four Thousand, Two Hundred, Sixty-One Dollars ($1,794,261). The amount of the security was calculated as follows: Refer to Exhibit A and Exhibit B for an explanation of each item. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. The letter of credit shall be automatically renewable until the City releases the developer from responsibility. The letter of credit shall secure compliance with all terms of this Agreement and all obligations of the Developer under it. The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit and take such steps as it deems necessary to remedy the default. With City approval, the letter of credit may be reduced from time to time as financial obligations are paid and Developer Improvements and other Developer obligations are completed to the City’s requirements. No.Item Cost 110%Calculation 1 Grading and Erosion Control 73,161$ 80,477$ $3500/ac x 20.903 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 27,000$ 29,700$ $500/lot x 54 lots 4 Landscaping 40,500$ 44,550$ Per City Planner (135 trees x $300) 5 Street Lights 32,000$ 35,200$ $4000/light x 8 lights 6 Surface Improvements 680,837$ 851,046$ 125% 7 Water Main Improvements 220,079$ 275,099$ 125% 8 Sanitary Sewer Improvements 176,624$ 220,780$ 125% 9 Storm Sewer Improvements 183,928$ 229,909$ 125% Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx 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 certi ficate 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 up. 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. Costs for City inspection of onsite erosion and sediment control shall be at the Developer’s expense. After a 24-hour verbal or written 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 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 Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx 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 for 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. For each pond/wetland in the development, the developer shall provide to the City Engineer an inspection report by July 31 each year which includes the following: A. Date of inspection B. Name of person responsible for inspection C. Photos of the pond/wetland area confirming the vegetation is established as intended D. Maintenance plan describing the required maintenance activities and tentative schedule. 18. 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 Subject Property including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspecti on 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 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 estimated City fees of $225,721 shall be deposited with the City at the time this Agreement is signed, and represent the following amounts: No.Item Cost Estimated Construction Cost 1,261,468$ 1 Engineering Fees 126,147$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 63,073$ 4 Street Light Energy Cost 5,760$ 5 GIS Fees 3,240$ 6 Trail Fog Seal 3,276$ 7 Seal Coating 21,225$ Total 225,721$ $60/unit X 54 units $0.35/SF x 9,360 SF $1.70/SY x 12,485 SY Calculation Developer's Estimate (Lines 6 - 9 above) 10% of Estimated Construction Cost Estimate 5% of Estimated Construction Cost 8 lights x 24 months x $30/month Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City within thirty (30) business 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. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) business 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 six percent (6%) per year. D. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24-months at a cost of $30/month/light. After that, the City will assume the energy costs. E. The Developer will pay the cost of sealcoating the public streets within the development at a cost of $1.70/SY. The sealcoating will be completed within three (3) years following wear course placement. F. The Developer will pay the cost of fog sealing the public trails within the development at a cost of $0.35/SF. The fog sealing will be completed within three (3) years following trail installation. 19. Indemnification. The Developer shall hold the City and its officers, agents 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 intentional acts or gross negligence of the City, it’s agents, employees or contractors. The Developer shall indemnify the City and its officers, agents and employees for all costs, damages or expenses that the City may pay or incur in consequence of such claims, including attorney’s fees. Notwithstanding any other provision in this Agreement to the contrary, Developer agrees that it will not be able to submit a claim for extra work or for monetary damages (for delay or otherwise), or request an extension of time to complete the work, for any reason arising out of or relating to: (1) the COVID-19 pandemic; or (2) any national, state, or local declaration, resolution, or order relating to the COVID-19 pandemic, unless such declaration, resolution or order prohibits work on the project. The contract completion date shall be extended for the period of the required stoppage in work but without any claim for delay damages. 20. Insurance. The Developer agrees to take out and maintain or cause to be taken out and maintained until six months after the City has accepted the Subdivision 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 contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one for death by wrongful act or omission or for any other claim and $2,000,000 for any number of claims arising out of a single occurrence, and twice said limits when the claim arises out of the release or threatened release of a hazardous substance. The City shall be named as an additional insured on the policy. The certificate of insurance shall provide that the City must be given the same advance written notice of the cancellation of the insurance as is afforded to the Developer. 21. Park and Utility Fees. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx time of execution of this agreement by the City: A. Park dedication fees in the amount of $183,600 B. Storm Sewer Trunk Area Charges in the amount of $134,863 C. Sanitary Sewer Trunk Area Charges in the amount of $22,471 D. Watermain Trunk Area Charges in the amount of $108,082 Or other amounts for such fees as in effect at the time of plat approval. 22. Service Charges. 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 $2,425/SAC unit for single family residential and multi-family residential). 23. 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. 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 without prior authorization from the City Building Official. 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. 24. 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. 25. 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 Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx 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. 26. 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. 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. Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx J. The Developer acknowledges that the City may issue additional requirements outside of the 2015 General Specifications and Standard Detail Plates for Street and Utility Construction or the 2008 Engineering Guidelines as the City is in the process of updating these documents. The review process may require additional time and expense due to this process, which shall be the Developer’s responsibility. The Developer shall not be billed for the time required for the City to update and approve their revisions to the 2015 General Specifications and Standard Details Plates for Street and Utility Construction or the 2008 Engineering Guidelines. 27. 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: CNC Development IV, LLC 3000 County Road 42 W Suite 202 Burnsville, MN 55337 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 145th Street West Rosemount, Minnesota 55068 [Remainder of page intentionally left blank.] Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: Jessie Paque, Deputy City Clerk STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________________, 2022, by William H. Droste, Mayor, and Jessie Paque, Deputy 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 CNC DEVELOPMENT IV, LLC BY: William E. Ryan, its Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ______________________, 2022 by William E. Ryan, its Chief Manager, of CNC Development IV LLC, a Minnesota limited liability company, on behalf of said corporation. Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx 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. Landscaping – 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. 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). Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx ATTACHMENT ONE Emerald Isle 3rd Final Plat BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, owner of the following describedproperty:Outlot A, EMERALD ISLE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 3RD ADDITION and does hereby dedicate to the public for public use the public ways andthe drainage and utility easements as created on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20, by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in theState of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on thisplat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined inMinnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeledon this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. County, MinnesotaPrinted NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of , 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 3RD ADDITION was approved and accepted by the City Council of the City of Rosemount, Minnesota at a regular meeting thereofheld this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of, 20 .By: Todd B. Tollefson, Dakota County SurveyorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Alsopursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the County Recorder for public record on this dayof , 20 , at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderVICINITY MAP BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481 BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTED Emerald Isle 3rd EXHIBIT B (Page 1 of 2) No. Item Cost 110% Calculation 1 Grading and Erosion Control 73,161$ 80,477$ $3500/ac x 20.903 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 27,000$ 29,700$ $500/lot x 54 lots 4 Landscaping 40,500$ 44,550$ Per City Planner (135 trees x $300) 5 Street Lights 32,000$ 35,200$ $4000/light x 8 lights 6 Surface Improvements 680,837$ 851,046$ 125% 7 Water Main Improvements 220,079$ 275,099$ 125% 8 Sanitary Sewer Improvements 176,624$ 220,780$ 125% 9 Storm Sewer Improvements 183,928$ 229,909$ 125% Total 1,459,128$ 1,794,261$ No. Item Cost Estimated Construction Cost 1,261,468$ 1 Engineering Fees 126,147$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 63,073$ 4 Street Light Energy Cost 5,760$ 5 GIS Fees 3,240$ 6 Trail Fog Seal 3,276$ 7 Seal Coating 21,225$ Total 225,721$ No. Item Cost 1 Storm Sewer Trunk Charge 134,863$ 2 Sanitary Sewer Trunk Charge 22,471$ 3 Water Trunk Charge 108,082$ 5 Park Dedication 183,600$ Total 449,015$ Estimate 5% of Estimated Construction Cost 8 lights x 24 months x $30/month $60/unit X 54 units $0.35/SF x 9,360 SF 10% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Developer's Estimate (Lines 6 - 9 above) $6500/acre x 20.903 acres = $135,870 minus $27,788 oversizing credit. See Exhibit C for oversizing calculations. $1.70/SY x 12,485 SY Development Fees (due before signed plat is released) Calculation $6865/net developable acre x 19.645 acres $1075/acre x 20.903 acres Block Lots Units Block Lot Units SQ FT Acres 1 9 9 1 1 1 12,896 0.296 2 32 32 1 2 1 8,775 0.201 3 13 13 1 3 1 8,775 0.201 1 4 1 8,775 0.201 1 5 1 8,775 0.201 1 6 1 8,775 0.201 Total 54 54 1 7 1 8,775 0.201 1 8 1 11,369 0.261 Total Plat Area = 20.903 acres 1 9 1 12,202 0.280 Total Park Area = 0.000 acres 2 1 1 14,529 0.334 Future Plat Area = 0.000 acres 2 2 1 9,435 0.217 Developable Area * = 20.903 acres 2 3 1 13,003 0.299 Ponding to HWL = 1.258 acres 2 4 1 21,978 0.505 Net Developable Area =19.645 acres 2 5 1 10,694 0.246 2 6 1 9,636 0.221 * Excludes future plat and park areas (all outlots) 2 7 1 9,618 0.221 2 8 1 10,180 0.234 2 9 1 11,525 0.265 2 10 1 11,051 0.254 2 11 1 11,888 0.273 2 12 1 9,180 0.211 2 13 1 9,180 0.211 2 14 1 9,180 0.211 2 15 1 9,180 0.211 2 16 1 9,180 0.211 2 17 1 9,180 0.211 2 18 1 9,180 0.211 2 19 1 13,090 0.301 2 20 1 12,244 0.281 2 21 1 9,180 0.211 2 22 1 9,180 0.211 2 23 1 9,180 0.211 2 24 1 9,180 0.211 2 25 1 9,180 0.211 2 26 1 9,180 0.211 2 27 1 9,180 0.211 2 28 1 9,180 0.211 2 29 1 9,180 0.211 2 30 1 9,180 0.211 2 31 1 9,180 0.211 2 32 1 12,158 0.279 3 1 1 11,461 0.263 3 2 1 9,432 0.217 3 3 1 9,301 0.214 3 4 1 9,441 0.217 3 5 1 9,310 0.214 3 6 1 9,449 0.217 3 7 1 9,319 0.214 3 8 1 9,458 0.217 3 9 1 9,327 0.214 3 10 1 9,467 0.217 3 11 1 9,336 0.214 3 12 1 9,475 0.218 3 13 1 12,192 0.280 Outlot A 57,742 1.326 Outlot B 67,563 1.551 ROW 232,888 5.346 Total Boundary 910,547 20.903 Emerald Isle 3rd EXHIBIT B (Page 2 of 2) Totals Description Unit Price Description Unit Price Unit Oversizing Cost Units Quantity Total Oversizing Cost 12" DIP CL 52 67.00$ 8" DIP CL 52 38.00$ 29.00$ LF 872 25,288.00$ 12" Gate Valve/Box 3,500.00$ 8" Gate Valve/Box 2,000.00$ 1,500.00$ EA 1 1,500.00$ Remove 12" Plug & Connect 2,500.00$ Remove 8" Plug & Connect 1,500.00$ 1,000.00$ EA 1 1,000.00$ Total Oversizing Cost 27,788.00$ Emerald Isle 3rd EXHIBIT C (Page 1 of 1) City Required Sizing Minimum Sizing Watermain Oversizing Oversizing Calculation Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx 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. Landscaping – 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. 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). Emerald Isle 3rd Addition March / 2022 G:\ENGPROJ\2022-07 Emerald Isle 3\Subdivision Agreement\Subdivision Agreement 2022-07.docx ATTACHMENT ONE Emerald Isle 3rd Final Plat BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, owner of the following describedproperty:Outlot A, EMERALD ISLE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 3RD ADDITION and does hereby dedicate to the public for public use the public ways andthe drainage and utility easements as created on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20, by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in theState of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on thisplat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined inMinnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeledon this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. County, MinnesotaPrinted NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of , 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 3RD ADDITION was approved and accepted by the City Council of the City of Rosemount, Minnesota at a regular meeting thereofheld this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of, 20 .By: Todd B. Tollefson, Dakota County SurveyorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Alsopursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the County Recorder for public record on this dayof , 20 , at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderVICINITY MAP BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481 BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTED Emerald Isle 3rd EXHIBIT B (Page 1 of 2) No. Item Cost 110% Calculation 1 Grading and Erosion Control 73,161$ 80,477$ $3500/ac x 20.903 acres. Minimum $25,000 2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000 3 Survey Monumentation 27,000$ 29,700$ $500/lot x 54 lots 4 Landscaping 40,500$ 44,550$ Per City Planner (135 trees x $300) 5 Street Lights 32,000$ 35,200$ $4000/light x 8 lights 6 Surface Improvements 680,837$ 851,046$ 125% 7 Water Main Improvements 220,079$ 275,099$ 125% 8 Sanitary Sewer Improvements 176,624$ 220,780$ 125% 9 Storm Sewer Improvements 183,928$ 229,909$ 125% Total 1,459,128$ 1,794,261$ No. Item Cost Estimated Construction Cost 1,261,468$ 1 Engineering Fees 126,147$ 2 Attorney Fees 3,000$ 3 5% City Administrative Fees 63,073$ 4 Street Light Energy Cost 5,760$ 5 GIS Fees 3,240$ 6 Trail Fog Seal 3,276$ 7 Seal Coating 21,225$ Total 225,721$ No. Item Cost 1 Storm Sewer Trunk Charge 134,863$ 2 Sanitary Sewer Trunk Charge 22,471$ 3 Water Trunk Charge 108,082$ 5 Park Dedication 183,600$ Total 449,015$ Estimate 5% of Estimated Construction Cost 8 lights x 24 months x $30/month $60/unit X 54 units $0.35/SF x 9,360 SF 10% of Estimated Construction Cost Letter of Credit for Developer Improvements (due with signed agreement) City Fees (due with signed agreement) Calculation Developer's Estimate (Lines 6 - 9 above) $6500/acre x 20.903 acres = $135,870 minus $27,788 oversizing credit. See Exhibit C for oversizing calculations. $1.70/SY x 12,485 SY Development Fees (due before signed plat is released) Calculation $6865/net developable acre x 19.645 acres $1075/acre x 20.903 acres Block Lots Units Block Lot Units SQ FT Acres 1 9 9 1 1 1 12,896 0.296 2 32 32 1 2 1 8,775 0.201 3 13 13 1 3 1 8,775 0.201 1 4 1 8,775 0.201 1 5 1 8,775 0.201 1 6 1 8,775 0.201 Total 54 54 1 7 1 8,775 0.201 1 8 1 11,369 0.261 Total Plat Area = 20.903 acres 1 9 1 12,202 0.280 Total Park Area = 0.000 acres 2 1 1 14,529 0.334 Future Plat Area = 0.000 acres 2 2 1 9,435 0.217 Developable Area * = 20.903 acres 2 3 1 13,003 0.299 Ponding to HWL = 1.258 acres 2 4 1 21,978 0.505 Net Developable Area =19.645 acres 2 5 1 10,694 0.246 2 6 1 9,636 0.221 * Excludes future plat and park areas (all outlots) 2 7 1 9,618 0.221 2 8 1 10,180 0.234 2 9 1 11,525 0.265 2 10 1 11,051 0.254 2 11 1 11,888 0.273 2 12 1 9,180 0.211 2 13 1 9,180 0.211 2 14 1 9,180 0.211 2 15 1 9,180 0.211 2 16 1 9,180 0.211 2 17 1 9,180 0.211 2 18 1 9,180 0.211 2 19 1 13,090 0.301 2 20 1 12,244 0.281 2 21 1 9,180 0.211 2 22 1 9,180 0.211 2 23 1 9,180 0.211 2 24 1 9,180 0.211 2 25 1 9,180 0.211 2 26 1 9,180 0.211 2 27 1 9,180 0.211 2 28 1 9,180 0.211 2 29 1 9,180 0.211 2 30 1 9,180 0.211 2 31 1 9,180 0.211 2 32 1 12,158 0.279 3 1 1 11,461 0.263 3 2 1 9,432 0.217 3 3 1 9,301 0.214 3 4 1 9,441 0.217 3 5 1 9,310 0.214 3 6 1 9,449 0.217 3 7 1 9,319 0.214 3 8 1 9,458 0.217 3 9 1 9,327 0.214 3 10 1 9,467 0.217 3 11 1 9,336 0.214 3 12 1 9,475 0.218 3 13 1 12,192 0.280 Outlot A 57,742 1.326 Outlot B 67,563 1.551 ROW 232,888 5.346 Total Boundary 910,547 20.903 Emerald Isle 3rd EXHIBIT B (Page 2 of 2) Totals Description Unit Price Description Unit Price Unit Oversizing Cost Units Quantity Total Oversizing Cost 12" DIP CL 52 67.00$ 8" DIP CL 52 38.00$ 29.00$ LF 872 25,288.00$ 12" Gate Valve/Box 3,500.00$ 8" Gate Valve/Box 2,000.00$ 1,500.00$ EA 1 1,500.00$ Remove 12" Plug & Connect 2,500.00$ Remove 8" Plug & Connect 1,500.00$ 1,000.00$ EA 1 1,000.00$ Total Oversizing Cost 27,788.00$ Emerald Isle 3rd EXHIBIT C (Page 1 of 1) City Required Sizing Minimum Sizing Watermain Oversizing Oversizing Calculation Site BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTEDDENOTES DAKOTA COUNTY CAST IRON MONUMENTKNOW ALL PERSONS BY THESE PRESENTS: That CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, owner of the following describedproperty:Outlot A, EMERALD ISLE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as EMERALD ISLE 3RD ADDITION and does hereby dedicate to the public for public use the public ways andthe drainage and utility easements as created on this plat.In witness whereof said CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20 .CNC DEVELOPMENT IV, LLCBy: its STATE OF COUNTY OF This instrument was acknowledged before me on day of , 20, by the of CNC DEVELOPMENT IV, LLC, a Minnesota limited liability company, on behalf of the company. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in theState of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on thisplat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined inMinnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeledon this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 , by Marcus F. Hampton. County, MinnesotaPrinted NameMy commission expires January 31, 20CITY PLANNING COMMISSION, CITY OF ROSEMOUNT, MINNESOTAApproved by Planning Commission of the City of Rosemount, Minnesota this day of , 20By: ChairCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat of EMERALD ISLE 3RD ADDITION was approved and accepted by the City Council of the City of Rosemount, Minnesota at a regular meeting thereofheld this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of, 20 .By: Todd B. Tollefson, Dakota County SurveyorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDS,COUNTY OF DAKOTA, STATE OF MINNESOTAPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land hereinbefore described have been paid. Alsopursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20 .By: Amy A. Koethe, Director, Department Of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of EMERALD ISLE 2ND ADDITION was filed in the office of the County Recorder for public record on this dayof , 20 , at o'clock . M. and was duly filed in Book of Plats,Page , as Document Number .By: Amy A. Koethe, County RecorderVICINITY MAP BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRONMONUMENT MARKED BY R.L.S. NO. 47481 BEARINGS ARE BASED ON THE EAST LINE OFOUTLOT A, EMERALD ISLE 2ND ADDITION WHICH ISASSUMED TO HAVE A BEARING OF S 00°21'37" WNOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILLBE SET WITHIN ONE YEAR FROM THE RECORDING DATE OF THISPLAT. SAID MONUMENTS SHALL BE 1/2 INCH x 14 INCH IRON PIPES MARKED BY R.L.S. NO. 47481.DRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THE PLAT.DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:DENOTES FOUND 1/2 INCH IRON MONUMENT MARKEDBY R.L.S. NO. 47481 UNLESS OTHERWISE NOTED K:\019708-000\Admin\Docs\2022.02.03 - 3rd Addition - Final Plat Review.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Julia Hogan, Planner CC: Adam Kienberger, Community Development Director Anthony Nemcek, Senior Planner Stacy Bodsberg, Planning & Personnel Secretary Brian Erickson PE, Director of Public Works/City Engineer From: Tim Hanson PE, WSB Engineering Consultant Date: February 2, 2022 Re: Emerald Isle 3rd Addition - Final Plat Review WSB Project No. 016789-000 SUBMITTAL: The final plat application for Emerald Isle 2nd Addition has been submitted by James R. Hill, Inc. of Burnsville for CNC Development IV, LLC. Engineering review comments were generated from the plat documents and construction plans consisting of: • Emerald Isle 3rd Addition Final Plat, not signed or dated • Emerald Isle 3rd Addition Final Grading, Drainage, Erosion & Sediment Control, Sanitary Sewer, Watermain, Storm Sewer & Street plans for CNC Development IV, LLC. Signed by a Professional Engineer and dated 01-07-2022. • Preliminary Landscape Plan signed by a Landscape Architect and dated 01-07-2022. General Comments – Final Plat • Outlot A has a drainage and utility easement placed over the outlot. • Outlot B has a drainage and utility easement placed over the outlot. Erosion and Sediment Control Plan • No comments Grading and Drainage Plan • The lowest floor elevation of lot 32 Block needs to be reviewed against the pro posed sanitary sewer service invert. • The grading plan for the 3rd Addition is consistent with the preliminary plat and previous additions. Sanitary Sewer and Watermain • The proposed sanitary sewer and water systems are consistent with the preliminary plat. Storm Sewer Construction • Proposed storm sewer systems are consistent with the preliminary plat. This is further reviewed with storm water management review. Street Construction • Provide a pedestrian access ramp on the south side of Connemara Trail at Acer Avenue. Emerald Isle 3rd Addition February 2, 2022 Page 2 K:\019708-000\Admin\Docs\2022.02.03 - 3rd Addition - Final Plat Review.docx Storm Water Management The storm water management review has been completed and forwarded to the developers engineer for revisions and incorporation in the final construction plan. GENERAL Infrastructure design shall be completed in accordance with the City of Rosemount’s Engineering Guidelines and Standards. Infrastructure construction shall be completed in accordance with the latest edition of the City’s General Specifications and Standard Detail Plates for Street and Utility Construction. M E M O R A N D U M To: Adam Kienberger, Community Development Director Anthony Nemcek, Senior Planner Julia Hogan, Planner From: Dan Schultz, Parks and Recreation Director Date: February 16, 2022 Subject: Emerald Isle 3rd Addition Memo The Parks and Recreation Department recently reviewed the plans for the Emerald Isle 3rd Addition and has the following comments: Parks Dedication Because the City is not looking to acquire park land in this development, the parks dedication for this 3rd phase of development would be cash in-lieu of land. The cash dedication for 54 low density units @ $3,400 per unit would be $183,600. Please let me know if you have any questions about this memo. The Emerald Isle Subdivision had a total of 151 single family lots approved with 54 single family homes being platted for the 3rd Addition that is on for February’s meeting