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EXECUTIVE SUMMARY
City Council Regular Meeting: August 1, 2022
AGENDA ITEM: Approve a Subdivision Agreement for
Amber Fields 4th Development
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, PE – City Engineer AGENDA NO. 6.l.
ATTACHMENTS: Subdivision Agreement – Amber Fields
4th Addition APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve a Subdivision Agreement for Amber Fields
4th Development
BACKGROUND
On July 19, 2022, City Council approved the Final Plat for Amber Fields 4th Addition. Normally the
Subdivision Agreement is included as part of the final plat approvals. However, staff was waiting on
additional information which has now been received.
The approval of this Subdivision Agreement will be the final step in allowing Maplewood Development to
begin the planned improvements. This agreement follows the standard format and includes all the
required conditions from prior the Council approval.
RECOMMENDATION
Staff recommends City Council approve the attached Subdivision Agreement and authorize the Mayor and
City Clerk to enter into this agreement.
1 Amber Fields 4th Subdivision Agreement
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SUBDIVISION AGREEMENT
Amber Fields 4th Addition
AGREEMENT dated this day of , 2022, by and between
the CITY OF ROSEMOUNT, a Minnesota municipal corporation (the “City”), and Maplewood
Development and Construction, Inc., a Minnesota 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 Amber Fields 4th 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 Agreement.
b. Adherence with the conditions of the Preliminary and Final Plats for Amber Fields 4th Addition
and Amber Fields Planned Unit Development Master Development Plan as amended.
c. Incorporation of recommendations of the City Engineer concerning design and installation of
public infrastructure and including grading, erosion control, streets and utilities.
d. Payment of all applicable fees including GIS, Park Dedication and other fees identified in
the current fee schedule.
e. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
underpasses, conservation areas, streets and utilities.
f. Drainage and utility easements shall be dedicated over all outlots.
g. Provision of $38,940 for landscaping surety.
h. Park Dedication requirements were fulfilled as part of the Amber Fields Subdivision Agreement
and Outlot plat through dedication of land and associated amenities.
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 each subsequent phase may not proceed until a subdivision agreement for such
phase is approved by the City.
4. Effect of Subdivision Approval. For seven (7) 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
2 Amber Fields 4th Subdivision Agreement
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3731736.v3
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 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 and revised, 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
“Development Plans” are:
Plan A – Preliminary plat: Amber Fields 4th Addition, Preliminary Plat Submittal pages 5 – 7
dated 5/24/2022, revised 7/8/2022
Plan B – Soil Erosion Control Plan and Schedule: Amber Fields 4th Addition, Preliminary Plat
Submittal pages 17 – 20 dated 5/24/2022, revised 7/8/2022
Plan C – Drainage and Storm Water Runoff Plan: Amber Fields 4th Addition, Preliminary Plat
Submittal pages 24 – 26 dated 5/24/2022, revised 7/8/2022
Plan D – Plans & Specifications for Public Improvements: Amber Fields 4th Addition, Preliminary
Plat Submittal dated 5/24/2022, revised 7/8/2022
Plan E – Grading Plan: Amber Fields 4th Addition, Preliminary Plat Submittal pages 12 – 16 dated
5/24/2022, revised 7/8/2022
Plan F – Street Lights: Amber Fields 4th Addition, Phase 1, pages 19 – 23 dated 5/27/2022
Plan G – Landscape Improvements: Amber Fields 4th Addition, Preliminary Plat Submittal
pages 27 – 29 dated 5/24/2022, revised 7/8/2022
All improvements, including Developer Improvements (as noted in Section 6) 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 within this phase of the project as reflected herein unless expressly noted otherwise.
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
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g. Gas, electric, telecommunications, and cable lines
h. Site grading
i. Landscaping
j. Streetlights
k. Other items as necessary to complete the development as stipulated herein or in other
agreements signed by Developer.
Developer is required to obtain all necessary permits as required by regulatory agencies and
other levels of government beyond the City of Rosemount.
7. Time of Performance. The pavement wear course shall be completed within one year of the first
lift installation for all public roads within the Subject Property. 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, if any.
8. [This Section Intentionally Left Blank]
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 Section 5), the Developer shall furnish the City with a cash
deposit or irrevocable letter of credit from a local bank (“security”) in the amount of Seven Hundred
Ninety-Five Thousand Four Hundred Sixty-Two Dollars ($795,462). The amount of the security was
calculated as follows:
Letter of Credit for Developer Improvements (due with signed agreement)
Refer to Exhibits A, B, C and D for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the
City Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility under this Agreement with respect to the items in the chart above.
The letter of credit shall secure compliance with all terms of this Agreement and all obligations of
the Developer under it. The City may draw down on the letter of credit without notice if the
obligations of the Developer have not been completed, as required by this Agreement. In the event
of a default under this Agreement by the Developer, the City shall furnish the Developer with
written notice by certified mail of Developer’s default(s) under the terms of this Agreement. If the
Developer does not remove said default(s) within thirty (30) days of receiving the notice, the City
No.Item Cost 110%Calculation
1 Grading and Erosion Control 66,309$ 72,940$ $3,000/ac x 22.103 acres. Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 11,500$ 12,650$ $500/lot x 23 lots
4 Landscaping 35,400$ 38,940$ Per City Planner (118 trees x $300)
5 Street Lights 22,500$ 24,750$ $7,500/light x 3 lights
6 Surface Improvements 187,463$ 234,328$ 125%
7 Water Main Improvements 106,217$ 132,771$ 125%
8 Sanitary Sewer Improvements 102,843$ 128,553$ 125%
9 Storm Sewer Improvements 98,423$ 123,029$ 125%
Total 655,655$ 795,462$
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may draw on the letter of credit and take such steps as it deems necessary to remedy the default.
Developer may request an extension of the 30-day cure period, which the City has the discretion to
approve or deny in its reasonable judgment. With City approval, the letter of credit shall 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. Within ten (10) business days of
the date of the reduction request, the City shall begin a review of the request. Processing of an
approval of said requests will be dependent on the level of detailed information submitted to the
City by the Developer, and from time to time the Developer may be required to provide
supplemental information to substantiate a request. The City will act in good faith to process and
approve reduction requests in a reasonable and timely fashion.
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
any installation of utilities 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 final grading of lots shall comply with the City-
approved final grading plans.
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 each lot 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, an approved erosion control plan, to be submitted with the final grading plan
for grading permit shall be implemented, inspected and approved by the City. All areas disturbed
by the excavation and backfilling operations shall be reseeded within seventy-two (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.
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 right or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty (30) business days after
receipt of an invoice for the work, the City may draw down the letter of credit to pay such 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.
Costs for City inspection of onsite erosion shall be at the Developer’s expense.
Notwithstanding the foregoing, the City agrees that the Developer shall have no continuing liability
with respect to lots or any other portion of the Property as of the date that the Developer transfers
each such portion of the Property to a builder. Developer shall follow MPCA required protocol for
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transfer of Stormwater Construction Permit responsibility to the new owner of each lot. The
Developer is required to show proof of this assignment to the City. Until such time that the transfer
of permit responsibility is presented to the City, the City will consider the Developer to remain
responsible for required erosion and sediment control.
14. Clean up. The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer or its agents. 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 twenty-four (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. If the Developer does not reimburse the City
for any cost the City incurred for such work within thirty (30) business days after receipt of an invoice
for the work, the City may draw down the letter of credit to pay such costs. 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 the home construction or completion of Developer’s
Improvements within each phase of 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.
15. 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.
16. 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 that 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.
Any required wetland reporting must comply with State WCA and the City’s CWMP
reporting rules.
17. 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 inspection expenses
incurred in connection with approval and acceptance of the subdivision and the plat, the
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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 Eighty Six
Thousand One Hundred Seventy-Four Dollars ($86,174) shall be deposited with the City at the
time this Agreement is signed, and represent the following amounts:
City Fees (due with signed agreement)
If the actual City fees exceed this estimate, the Developer shall pay the additional costs to the City
within thirty (30) business days after receipt of a written request from the City, which shall include
an invoice, including itemized costs. 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 invoices submitted to it by the City for obligations incurred
under this Agreement within thirty (30) business days after receipt. If the invoices are not paid
on time, the City may halt development work and construction including, but not limited to,
the issuance of building permits, assess costs, or pursue other appropriate and lawful remedies,
until the past-due invoices are paid in full. Bills not paid within thirty (30) business 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 shall pay and be responsible
for 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 $0.35/SF. The fog sealing will be completed within three (3) years following trail installation.
18. Indemnification. The Developer shall hold the City and its officers, agents and employees
harmless from claims made by third parties for damages sustained or costs incurred resulting from
plat or subdivision approval and development of the Subject Property, except for any costs or
expenses arising from intentional acts or gross negligence of the City, or its agents, employees or
contractors. The Developer shall indemnify the City and its officers, agents and employees for all
costs, damages or expenses that the City may pay or incur in consequence of such claims, including
attorney’s fees.
No.Item Cost
Estimated Construction Cost 494,946$
1 Engineering Fees 49,495$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 24,747$
4 Street Light Energy Cost 2,160$
5 GIS Fees 1,380$
6 Trail Fog Seal -$
7 Seal Coating 5,392$
Total 86,174$
Calculation
Developer's Estimate (Lines 6 - 9 above)
10% of Estimated Construction Cost
Estimate
5% of Estimated Construction Cost
3 lights x 24 months x $30/month
$60/unit X 23 units
$0.35/SF x 0 SF
$1.70/SY x 3,172 SY
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19. Insurance. The Developer agrees to take out and maintain until six (6) months after the City has
accepted the Developer Improvements, commercial general liability 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 be not less than $2,000,000 per
occurrence and $3,000,000 annual aggregate and twice said limits when the claim arises out of the
release or threatened release of a hazardous substance. To accomplish the above limits, an umbrella
excess liability policy may be used. Developer must also maintain worker’s compensation insurance
with coverage amounts required by statute. The City shall be named as an additional insured on
the commercial general liability policy or umbrella/excess insurance policy, if applicable. The
Developer must provide a certificate of insurance to the City demonstrating compliance with the
above. 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.
20. Park, Utility Fees and Service Charges. The Developer agrees to pay sanitary sewer trunk, water
trunk, and stormwater area charges set forth in this Section prior to release of the final plat of each
plat within the project phase for the lots created by each plat. The sanitary sewer, water, and
stormwater connection charges set forth in this Section shall be paid prior to building permit
issuance on a per unit basis. The party requesting a building permit, not the Developer, shall be
responsible for these connection charges. The rates for each of these items will be set according to
the current rate structure for connection charges and trunk area charges at the time of final plat
approval or receipt of a building permit and the fees will be adjusted based upon actual bid costs
for road assessments. Park dedication fees or property in lieu of, will be addressed in each final plat
of project phases as part of the subdivision agreement with the City, which shall be consistent with
this Agreement.
a. The fees, charges, and assessments in effect as of the date of this Agreement and estimated based
upon the Developer-submitted plan dated 4/18/2022 for Amber Fields 2nd (as revised) are stated
in Exhibit B. The Developer shall receive a dollar-for-dollar credit for the cost of any oversizing
to address regional stormwater facilities and infrastructure that the Developer constructs which
provides regional service functionality for stormwater sources above and beyond those which
originate within Amber Fields. Credits amounts to the Developer will be locked in at the dollar
value for the year in which the corresponding infrastructure was installed.
b. Park Dedication Fees: Satisfied via Amber Fields Subdivision Agreement dated March 1, 2022.
c. Storm Sewer Trunk Area Charges in the amount of $43,701.
d. Sanitary Sewer Trunk Charges in the amount of $7,640.
e. Water Trunk Charges in the amount of $46,193.
f. 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
stated below. The City agrees that it shall collect such amounts with building permits and that
the party requesting a building permit, not the Developer, shall be responsible for these charges.
i. Metropolitan Council Environmental Services Availability Charges per SAC unit (current
rate is $2,485 per single-family home).
ii. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit).
iii. Water Availability Charges per WAC unit (currently at $2,475/WAC unit for single-family
residential and multi-family residential).
iv. Storm Sewer Connection Charges per unit.
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21. Certificates of Occupancy. Unless otherwise authorized in writing by the City Chief Building
Official, no certificates of occupancy 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 for the lot requesting the occupancy permit 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 construction of Public Improvements caused by the Developer, its
employees, contractors, subcontractors, material men or agents.
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 will furnish the Developer with written notice of such default by certified
mail. If the Developer does not remove said default(s) within thirty (30) days of receiving the notice,
the City may, at its option, perform the work and the Developer shall reimburse the City for any
expense incurred by the City, provided the Developer is first given notice of the work in default,
no less than 48 hours in advance. Developer may request an extension of the 30-day cure period,
which the City has the discretion to approve or deny in its reasonable judgment. 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 to cure a default, 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 portions of the Subject Property
owned or managed by Developer. 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 written 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.
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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. The action or inaction of a party 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. A party’s failure to promptly
take legal action to enforce this Agreement shall not be a waiver or release.
f. This Agreement shall run with the land and shall be recorded against the title to the Subject
Property. All terms and provisions of this Agreement shall be binding upon and inure to the
benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be
binding upon all future owners of all or any part of the Subject Property and shall be deemed
covenants running with the land. The terms and provisions of this Agreement shall not be
binding upon the owners of individual units or residences built upon lots within the development
and shall not be deemed to run with the title of the individual units or residences within the
development. This provision does not release any future developer or the Developer’s
successors or assigns from the terms and provisions of this Agreement. The Developer shall
take such steps, including execution of amendments to this Agreement, as are necessary to affect
the recording hereof. After the Developer has completed the work required of it under this
Agreement, at the Developer’s request as to all or a portion of the Subject Property, the City
will execute and deliver to the Developer the requested release(s).
g. Each right, power or remedy herein conferred upon a party herein is cumulative and in addition
to every other right, power or remedy, express or implied, now or hereafter arising, available to
such party, 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 such party and shall not be a waiver of
the right to exercise at any time thereafter any other right, power or remedy.
h. The Developer may not assign this Agreement without the written permission of the City
Council, except the Developer may assign this Agreement to Earl Street Partners II, LLC, a
Minnesota limited liability company, without written permission from the City Council.
i. 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 Detail
Plates for Street and Utility Construction or the 2008 Engineering Guidelines.
j. This Agreement includes all attachments, exhibits, and schedules, if any, attached to it, all of
which are hereby made a part of this Agreement.
25. Disclaimer of Relationship. Nothing in this Agreement nor any act by the City or the Developer
shall be deemed or construed by the City, the Developer, or any third party as creating any relationship
of principal/agent, limited or general partner or joint venture between such parties.
26. Landscaping and Irrigation of Common Areas and Rights-of-Way. Installing finished sod
within the common areas (“Common Area”) of Outlots in the Subject Property shall be completed
by the Developer; except, however, the Developer’s responsibility shall cease with respect to a lot
and the adjacent Common Area upon the Developer transferring title to the lot to a builder. Such
builder shall thereafter be responsible for installing finished sod in the Common Area adjacent to
the lot through any right-of-way area to the curb line or trail, as applicable. Irrigation, lawn
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maintenance, and landscaping within any Common Area and/or right-of-way thereafter shall be by
the owner of the lot to be expressed in a recorded instrument, unless responsibility is assumed by
a homeowners’ association (“HOA”) or a collective arrangement or agreement. Such maintenance
includes, without limitation, cutting and irrigating lawns and vegetation, weed control, and tree
trimming. No permanent irrigation system may be installed within any City right-of-way unless the
City provides its prior written approval.
A visual representation of the parties responsible for the irrigation, lawn maintenance and
landscaping described in this Section 27 is attached to this Agreement as Exhibit E: Maintenance
Responsibility. Shaded areas identified as either an Outlot or an Addition are the areas where
private parties are responsible.
The areas identified as City of Rosemount are the City’s responsibility and include (a) East of Akron
Avenue/North of Outlots T and S1, (b) right-of-way on both sides of Akron Avenue between
145th Street and 155th Street, a portion of which is shown in Inset F, and (c) the area at the center
of Amber Fields, which is North of Outlots N, O and P and the 2nd Addition and South of the
2nd, 4th, 5th and 3rd Additions, portions of this are shown at the bottom of Insets B and C and at
the top of Insets D and E. The City acknowledges its maintenance area (see (c) in previous
sentence) includes the area around the large pond to be installed by Developer. In addition to what
is depicted on Exhibit E, the City acknowledges it is responsible for initial construction and
continued irrigation, lawn maintenance and landscaping West of the City’s Auburn Avenue project
that will be constructed South of 148th Street.
The Maintenance Responsibility exhibit does not address who is responsible for tree removal and
replacement within rights-of-way. The City is responsible for tree removal and replacement only in
the rights-of-way of 148th Street, Akron Avenue, and Auburn Avenue.
The Maintenance Responsibility exhibit does not address who is responsible for snow removal.
The City is responsible for snow removal from all trails. The City is also responsible for snow
removal from all sidewalks within rights-of-way for Akron Avenue, Auburn Avenue, and 148th
Street which run parallel to the street along which they are built. Snow on all other segments of
sidewalks within the neighborhoods will be cleared by private property owners, HOAs, or similar
collective maintenance arrangements or agreements.
This Section 26 does not alter responsibilities of (i) the Developer or a builder as to initial
construction of sidewalks, trails, or landscaping, including irrigation, or (ii) the City as to its Akron
Avenue and Auburn Avenue construction projects South of 148th Street, except for the shaded area
designated as 2nd Addition that is East of such future Auburn Avenue.
27. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered
to Mr. Mario J. Cocchiarella on behalf of the Developer, or mailed to the Developer by registered
mail at the following address:
Maplewood Development and Construction, Inc
1128 Harmon Place
Suite 320
Minneapolis, MN 55403
A copy of each notice, whether hand delivered or mailed, to Developer shall be simultaneously
delivered to Developer’s legal counsel at both the physical address below and electronically to
mgherty@felhaber.com.
11 Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
Felhaber Larson
Attn: Molly Gherty
220 South Sixth Street, Suite 2200
Minneapolis, MN 55402
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.]
Signature Page
Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
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:
Erin Fasbender, 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 Erin Fasbender, 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
MAPLEWOOD DEVELOPMENT AND
CONSTRUCTION, INC.
BY:
Mario J. Cocchiarella, its President
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ___ day of __________, 2022 by Mario J.
Cocchiarella, President of Maplewood Development and Construction, Inc., a Minnesota corporation, on
behalf of said corporation.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Exhibit A
Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement; except, however, the City will accept the amounts attributed to
grading and erosion control and pond restoration/erosion control removal from a contractor instead of
the Developer.
Grading & Erosion Control – A restoration and erosion control bond to ensure re-vegetation and erosion
control ($3,000/acre). Note: The minimum surety amount is set at $25,000.
Pond Restoration/Erosion Control Removal – A security to allow for cleaning of sedimentation ponds
prior to City acceptance, and removal of any installed erosion control measures such as silt fence and wood
fiber blanket following development of 75% of adjoining lots (estimated lump sum).
Survey Monumentation – An amount equal to 110% of the cost to monument all lots within the development.
Landscaping – An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a surety for that cost is not required.
Street Lights – An amount equal to 110% of the cost to complete the required street light installation on
public roadways.
Improvements – An amount equal to 125% of the cost to complete those public improvements provided
as part of the final plat and final construction documents. Private improvements may also be included
when necessary to complete access to and utility supply for platted lots.
Exhibit B
Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
EXHIBIT B
(SUMMARY OF DEVELOPMENT FEES AND LOT AREAS)
Amber Fields 4th Addition
EXHIBIT B (Page 1 of 2)
No. Item Cost 110% Calculation
1 Grading and Erosion Control 66,309$ 72,940$ $3,000/ac x 22.103 acres. Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 11,500$ 12,650$ $500/lot x 23 lots
4 Landscaping 35,400$ 38,940$ Per City Planner (118 trees x $300)
5 Street Lights 22,500$ 24,750$ $7,500/light x 3 lights
6 Surface Improvements 187,463$ 234,328$ 125%
7 Water Main Improvements 106,217$ 132,771$ 125%
8 Sanitary Sewer Improvements 102,843$ 128,553$ 125%
9 Storm Sewer Improvements 98,423$ 123,029$ 125%
Total 655,655$ 795,462$
No. Item Cost
Estimated Construction Cost 494,946$
1 Engineering Fees 49,495$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 24,747$
4 Street Light Energy Cost 2,160$
5 GIS Fees 1,380$
6 Trail Fog Seal -$
7 Seal Coating 5,392$
Total 86,174$
No. Item Cost
1 Storm Sewer Trunk Charge 43,701$
2 Sanitary Sewer Trunk Charge 7,640$
3 Water Trunk Charge 46,193$
5 Park Dedication -$
Total 97,534$
Estimate
5% of Estimated Construction Cost
3 lights x 24 months x $30/month
$60/unit X 23 units
$0.35/SF x 0 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)
See Exhibit C & D for details
$1.70/SY x 3,172 SY
Development Fees (due before signed plat is released)
Satisified via land dedication
Calculation
See Exhibit C & D for details
See Exhibit C & D for details
Block Lots Units Block Lot Units SQ FT Acres
1 8 8 1 1 1 7,338 0.17
2 8 8 1 2 1 6,000 0.14
3 7 7 1 3 1 6,000 0.14
1 4 1 6,000 0.14
1 5 1 6,000 0.14
1 6 1 6,000 0.14
1 7 1 6,000 0.14
1 8 1 6,000 0.14
2 1 1 8,248 0.19
2 2 1 6,533 0.15
2 3 1 6,799 0.16
Total 23 23 2 4 1 6,799 0.16
2 5 1 6,799 0.16
Total Plat Area = 22.103 acres 2 6 1 6,799 0.16
Total Park Area = 0.000 acres 2 7 1 6,799 0.16
Future Plat Area = 16.741 acres 2 8 1 6,799 0.16
Developable Area * = 5.362 acres 3 1 1 7,433 0.17
Ponding to HWL = 0.000 acres 3 2 1 6,056 0.14
Net Developable Area =5.362 acres 3 3 1 6,372 0.15
3 4 1 6,371 0.15
* Excludes future plat and park areas (all outlots) 3 5 1 6,372 0.15
3 6 1 6,376 0.15
3 7 1 6,376 0.15
ROW 49,331 1.13
Outlot A 11,706 0.27
Outlot B 17,953 0.41
Outlot C 4,313 0.10
Outlot D 729,221 16.74
Total Boundary 962,790.49 22.103
Amber Fields 4th Addition
EXHIBIT B (Page 2 of 2)
Totals
Exhibit C
Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
EXHIBIT C
(DETAIL CALCULATION OF TRUNK AREA CHARGES)
Amber Fields 4th Addition
EXHIBIT C
Detail provided in Exhibit D
Amount
Outlot J
Sanitary Sewer 31,491.16$
Water Area 190,411.68$
Stormwater Area 180,136.93$
Total Plat Area 22.10
Developing Area 5.36 24.26%
Future Development 16.74 75.74%
Trunk Area Charges to be collected with this plat
Sanitary Area 7,640.00$
Water Area 46,193.00$
Stormwater Area 43,701.00$
Remaining Trunk Area Charges to be collected via future plat
Sanitary Area 23,852.00$
Water Area 144,218.00$
Stormwater Area 136,436.00$
Trunk Charge Apportionments
Trunk Charge
Exhibit D
Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
EXHIBIT D
(OVERALL TRUNK AREA CHARGE CALCULATIONS FOR AMBER FIELDS DEVELOPMENT)
Amber Fields 4th AdditionEXHIBIT DSubtotalGRAND TOTAL Outlot Trunk Fee(Estimated based on 2022 Rates)ParcelSAC ($1,075/Acre)WAC($6,500/Acre)STAC($6,865/Acre)SAC WAC STACOutlot A 1 546,505 12.546 2.88% 0.00%13,486.98$ 81,549.19$ 22,146.69$ 117,182.85$ Storm HWL = 9.32 ac (includes 2.73 ac wetland)Outlot AOutlot B 1 524,625 12.044 2.77% 3.65%12,947.01$ 78,284.26$ 82,680.23$ 173,911.50$ 4,132.50$ 24,987.23$ 15,018.67$ 44,138.41$ 218,049.91$ Outlot BOutlot C 1 402,659 9.244 2.12% 2.80%9,937.06$ 60,084.56$ 63,458.54$ 133,480.16$ 3,171.77$ 19,178.15$ 11,527.10$ 33,877.01$ 167,357.18$ Outlot COutlot D 1 195,662 4.492 1.03% 1.36%4,828.67$ 29,196.58$ 30,836.08$ 64,861.32$ 1,541.24$ 9,319.14$ 5,601.30$ 16,461.68$ 81,323.00$ Outlot DOutlot E 1 499,401 11.465 2.63% 3.47%12,324.52$ 74,520.35$ 78,704.96$ 165,549.83$ 3,933.81$ 23,785.85$ 14,296.57$ 42,016.23$ 207,566.06$ Outlot E Outlot F 1 675,481 15.507 3.56% 4.70%16,669.93$ 100,794.92$ 106,454.94$ 223,919.78$ 5,320.81$ 32,172.32$ 19,337.29$ 56,830.41$ 280,750.19$ Outlot FOutlot G 1 804,114 18.460 4.24% 5.59%19,844.41$ 119,989.46$ 126,727.33$ 266,561.21$ 6,334.06$ 38,298.95$ 23,019.72$ 67,652.73$ 334,213.93$ Outlot GOutlot H 1 2,603,640 59.771 13.72% 0.00%64,254.20$ 388,513.77$ 162,572.47$ 615,340.44$ Storm HWL = 36.09 ac (includes 1.59 ac wetland)Outlot HOutlot I 1 519,381 11.923 2.74% 3.61%12,817.60$ 77,501.76$ 81,853.78$ 172,173.13$ 4,091.20$ 24,737.47$ 14,868.55$ 43,697.21$ 215,870.35$ Outlot IOutlot J 1 967,302 22.206 5.10% 6.73%23,871.66$ 144,340.29$ 152,445.55$ 320,657.50$ 7,619.50$ 46,071.39$ 27,691.38$ 81,382.26$ 402,039.77$ Outlot JOutlot K 1 791,652 18.174 4.17% 5.50%19,536.87$ 118,129.89$ 124,763.34$ 262,430.09$ 6,235.89$ 37,705.40$ 22,662.97$ 66,604.26$ 329,034.35$ Outlot KOutlot L 1 732,550 16.817 3.86% 5.09%18,078.31$ 109,310.72$ 115,448.94$ 242,837.97$ 5,770.34$ 34,890.44$ 20,971.03$ 61,631.81$ 304,469.79$ Outlot LOutlot M 1 1,329,375 30.518 7.01% 9.24%32,807.12$ 198,368.63$ 209,507.79$ 440,683.54$ 10,471.57$ 63,316.47$ 38,056.60$ 111,844.64$ 552,528.18$ Outlot MOutlot N 2 1,374,558 31.556 7.25% 9.56%33,922.17$ 205,110.81$ 216,628.57$ 455,661.56$ 10,827.48$ 65,468.48$ 39,350.07$ 115,646.04$ 571,307.60$ Outlot NOutlot O 2 909,535 20.880 4.79% 6.32%22,446.05$ 135,720.33$ 143,341.55$ 301,507.93$ 7,164.46$ 43,320.02$ 26,037.66$ 76,522.14$ 378,030.07$ Outlot OOutlot P 2 548,138 12.584 2.89% 3.81%13,527.28$ 81,792.86$ 86,385.84$ 181,705.99$ 4,317.72$ 26,107.13$ 15,691.79$ 46,116.63$ 227,822.62$ Outlot POutlot Q 3 881,305 20.232 4.65% 6.13%21,749.38$ 131,507.86$ 138,892.54$ 292,149.78$ 6,942.09$ 41,975.46$ 25,229.50$ 74,147.06$ 366,296.83$ Outlot QOutlot R 3 623,412 14.312 3.29% 4.33%15,384.94$ 93,025.21$ 98,248.93$ 206,659.07$ 4,910.66$ 29,692.34$ 17,846.69$ 52,449.68$ 259,108.75$ Outlot ROutlot S 3 1,846,870 42.398 9.73% 12.84%45,578.17$ 275,588.96$ 291,064.34$ 612,231.47$ 14,547.91$ 87,964.11$ 52,871.16$ 155,383.18$ 767,614.65$ Outlot SOutlot T 3 351,417 8.067 1.85% 2.44%8,672.48$ 52,438.26$ 55,382.87$ 116,493.61$ 2,768.13$ 16,737.55$ 10,060.17$ 29,565.86$ 146,059.46$ Outlot TOutlot U 3 404,451 9.285 2.13% 2.81%9,981.29$ 60,351.96$ 63,740.96$ 134,074.21$ 3,185.89$ 19,263.50$ 11,578.40$ 34,027.78$ 168,101.98$ Outlot UROW - CSAH 42 1 358,955 8.240 1.89% 0.00%8,858.51$ 53,563.07$ 56,570.85$ 118,992.43$ ROW - CSAH 42ROW - CR 73 1 525,850 12.072 2.77% 0.00%12,977.24$ 78,467.06$ 82,873.28$ 174,317.58$ ROW - CR 73ROW - FUT 1 1 819 0.019 0.00% 0.00%20.21$ 122.21$ 129.07$ 271.50$ ROW - FUT 1ROW - FUT 2 3 153,282 3.519 0.81% 0.00%3,782.79$ 22,872.66$ 24,157.05$ 50,812.49$ ROW - FUT 2ROW-INTER 1 1 401,445 9.216 2.12% 0.00%9,907.10$ 59,903.41$ 63,267.22$ 133,077.73$ ROW-INTER 1TOTAL 18,972,384 435.55 100.00% 100.00% 468,211.96$ 2,831,049.04$ 2,678,283.68$ 5,977,544.67$ $5,977,544.67Aggregate Trunk Fees - Phase 1 (Highlighted Outlots & ROWs)113,287.03$ 684,991.37$ 411,716.62$ NOTE: All calculations based on City of Rosemount Adopted 2022 Trunk Rates (Subject to change over time. Actual charges based on rate in year when final subdivision and final platting occur)SAC WAC STAC1,075.00$ 6,500.00$ 6,865.00$ Not ApplicableNot ApplicableFuture Net Developed Acres (Total area minus Outlot A, H, ROW CSAH 42, ROW CR 73, ROW FUT 1, ROW FUT 2, ROW INTER 1)330.163Apportioned Trunk Fees(Aggregate Totals for Outlot A, H, ROW CSAH 42, ROW CR 73, ROW FUT 1, ROW FUT 2, ROW INTER 1)Not ApplicableNot ApplicableNot ApplicableNot ApplicableNot ApplicableIndividual Outlot/ROW CalculationsParcel Phase Area (SF) Area (AC)Portion of Total AreaPortion of Total Future Net Developed AreaAll calculations based on City of Rosemount Adopted 2022 Trunk Rates (Subject to change over time. Actual charges based on rate in year when final subdivision and final platting occur)Subtotal Comments
Exhibit D
Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
EXHIBIT E
MAINTENANCE RESPONSIBILITY
LEGEND (also in lower right corner of Exhibit)
- COLOR INDICATES PARTY/DEVELOPMENT RESPONSIBLE FOR IRRIGATION
AND LANDSCAPE MAINTENANCE OF PUBLIC AREAS
- PROPERTY LINE
- PRIVATE PROPERTY NOTE: ALL IRRIGATION EQUIPMENT SUCH AS PIPES AND
HEADS USED BY PRIVATE ENTITIES TO IRRIGATE ADJACENT PUBLIC AREAS
SHALL REMAIN ON PRIVATE PROPERTY
- BITUMINOUS TRAIL DEMARCATES BOUNDARY OF MAINTENANCE AREAS
LOCATIONS OF AUBURN AVENUE AND AKRON AVENUE, AND 148TH STREET
- Auburn Avenue (including the future portion) is the road shown West of and adjacent to the 2nd
Addition shaded area.
- Akron Avenue is the road at the center of Inset F.
- 148th Street is the road that extends East-West from Auburn Avenue to Akron Avenue, South of
the 6th and 7th Additions and Outlot C, and North of the 2nd, 3rd, 4th, and 5th Additions.
-
6FUTURE ELEMENTARY SCHOOLSTORMWATERMANAGEMENTAREA 1BASIN 1918PER CITYSTORMWATERMANAGEMENTAREA 2STORMWATERMANAGEMENTAREA 3STORMWATERMANAGEMENTAREA 3STORMWATERMANAGEMENTAREA 6WETLANDWE-18-00611258-000WETLANDWE-18-00611258-000WETLANDWE-18-00611258-000AUBURN AVE.ABBEYFIELD AVE.148TH ST. W.148TH ST. W.148TH ST. W.148TH ST. W.APARTMENTS27,788 SF (.63) ACAPARTMENTS28,494 SF (.65 AC)APARTMENTS28,494 SF (.65 AC)244 TOTAL PARKING STALLSPATIOPATIO9,600 S.F.RETAIL22,450 SFGROCERY45,000 SFSENIOR HOUSING47,000 SF108 UNITS 3 STORIES4,800 S.F.PATIO7,000 S.F.7,000 S.F.PERGOLARETAIL7,000 SFAUBURN AVE.AUBURN AVE.
AKRON AVE. (C.R. 73)POOLSNOWSTORAGEOUTLOTD7THADDITIONOUTLOTC6THADDITION2NDADDITION2NDADDITION2NDADDITION4THADDITION5THADDITION3RDADDITIONOUTLOTNCITY OFROSEMOUNTOUTLOTOOUTLOTPOUTLOTUOUTLOTTOUTLOTS1OUTLOTS2INSETB.INSETC.INSETD.INSETE.CITY OFROSEMOUNTCITY OFROSEMOUNTINSETF.INSETA.BASIN 1918PER CITYWETLANDWE-18-00611258-000AMBER FIELDS
MAINTENANCE RESPONSIBILITY EXHIBIT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700INSET B.INSET C.INSET D.INSET E.LEGENDINSET F.2NDADD.4THADD.4THADD.5THADD.INSET A.2NDADD.OUTLOTNOUTLOTO145TH -155THOUTLOTNAKRON AVE.CITY OF ROSEMOUNTRESPONSIBILITY INCLUDES R.O.W. ON BOTH SIDESOF AKRON AVE. BETWEEN 145TH ST. AND 155TH ST.145TH -155TH2ND ADD.148TH ST. W.148TH ST. W.AUBURN AVE.148TH ST. W.
Attachment 1
Amber Fields 4th Subdivision Agreement
Revised July 2022
3731736.v3
ATTACHMENT ONE
Amber Fields 4th Final Plat
AMBER FIELDS FOURTH ADDITIONCITY COUNCIL, CITY OF ROSEMOUNT, MINNESOTAThis plat was approved by the City Council of ROSEMOUNT, Minnesota, this _________ day of _____________________, 20 ____and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2.By:___________________________________________________________________MayorClerkCOUNTY 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 ____._________________________________Todd B. TollefsonDakota County SurveyorDEPARTMENT 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 beenpaid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this _________ day of_____________________, 20 ____._________________________________________, DirectorAmy A. Koethe, Department of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of AMBER FIELDS FOURTH ADDITION was filed in the office of the County Recorder for public record on this_________ day of _____________________, 20 ____, at ___ o'clock ___.M. and was duly filed in Book_________________ of Plats,Page______________________ , as Document Number _______________________ ._______________________________________Amy A. Koethe, County RecorderKNOW ALL PERSONS BY THESE PRESENTS: That Earl Street Partners II, LLC, a Minnesota limited liabilitycompany, owner of the following described property:Outlots H & J, AMBER FIELDS, according to the recorded plat thereof, Dakota County, Minnesota.Has caused the same to be surveyed and platted as AMBER FIELDS FOURTH ADDITION and does herebydedicate to the public for public use the public ways and the drainage and utility easements as created by thisplat.In witness whereof said Earl Street Partners II, LLC, a Minnesota limited liability company, has caused thesepresents to be signed by its proper officer this _________ day of _____________________, 20 ____.Signed: Earl Street Partners II, LLCby ___________________________________________Mario J. Cocchiarella, Chief ManagerSTATE OF MINNESOTACOUNTY OF ____________________This instrument was acknowledged before me on _________ day of _____________________, 20 ____, by MarioJ. Cocchiarella, Chief Manager of Earl Street Partners II, LLC, a Minnesota limited liability company, on behalfof the company.________________________________________Signature________________________________________Printed NameNotary Public, ___________County, MinnesotaMy Commission Expires _________________SURVEYORS CERTIFICATEI Peter Goers do hereby certify that this plat was prepared by me or under my direct supervision; that I am aduly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctly designated on this plat; that allmonuments depicted on this plat have been, or will be correctly set within one year; that all water boundariesand wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate areshown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this ___________ day of _____________________ , 20 ____._________________________________________Peter Goers, Licensed Land SurveyorMinnesota License No. 44110STATE OF MINNESOTACOUNTY OF _____________________This instrument was acknowledged before me on ___________ day of _____________________ , 20 ____, byPeter Goers.________________________________________Signature________________________________________Printed NameNotary Public, ___________County, MinnesotaMy Commission Expires__________________
R=260.00L=360.89Δ=79°31'40"C.Brg=N39°37'39"WC.=332.61R=460.00L=196.40Δ=24°27'48"R=230.00 L=168.31=41°55'42"C.Brg=N69°51'04"EC.=164.58R=230.00L=240.86=60°00'00"C.Brg=S0°48'55"W C.=230.00SEE SHEET 3 OF3 SHEETSN79°04'48"E 592.55S89°44'18"E 119.93S34°06'30"E 99.96S12°26'13"E 107.19S09°14'03"W 107.19S14°04'37"E142.14R=9970.00 L=107.71Δ=0°37'08"C.Brg=S14°23'11"ES75°18'15"W 130.00S15°07'31"E 64.91S84°50'55"E 61.35S78°20'09"E 61.35S71°49'22"E 61.35S65°18'36"E 61.35S45°46'17"E 61.35S52°17'04"E 61.35S58°47'50"E 61.35S39°15'31"E 61.35S01°06'00"E68.10N34°06'57"E126.00N65°40'39"E84.02134.90 INSETOUTLOT EOUTLOT DO
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0
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482.7740.00L=179.27Δ=10°35'21"L=342.42Δ=20°13'34"272.23 22.39S90°00'00"E 319.30N01°06'00"W 390.49 R=970.00L=521.69Δ=30°48'55"R=840.00L=21.40=1°27'34"C.Brg=S69°02'39"E C.=21.4011
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9
0
OUTLOT CN00°21'32"E 416.39S89°42'15"E57.40--N30°48'55"E 618.15--R=580.00L=18.68=1°50'45"C.Brg=N45°37'09"WR=345.00L=22.38=3°43'02"C.Brg=S46°33'18"ER=405.00L=37.66Δ=5°19'40"C.Brg=S47°21'37"ER=520.00L=3.25=0°21'30"C.Brg=N44°52'32"W60.91--103.90 453.34--444.06----194.26OUTLOT COUTLOT DOUTLOT B
AMBER FIELDS FOURTH ADDITION
ROAD A S01°06'00"E 409.42
N90°00'00"E 136.19R=810.00L=306.57Δ=21°41'08"C.Brg=N79°09'26"WC.=304.74160.03249.39
30.0
0
30.0
0 30.0130.0130.0030.0050.00 50.00 50.00 50.00 50.00 50.00 50.00 60.00
130.02
62.2044.5642.5263.09120.0298.79
L=8.58=0°37'49"L=57.33Δ=4°12'40"L=57.33Δ=4°12'40"L=57.33Δ=4°12'40"L=57.33Δ=4°12'40"L=57.33Δ=4°12'40"L=21.40Δ=1°27'34"L=48.54Δ=3°18'40"L=48.54Δ=3°18'40"L=48.54Δ=3°18'40"L=48.54Δ=3°18'40"L=48.54Δ=3°18'40"L=5.28=0°21'37"12345171234567876543216823OUTLOT AN88°54'00"E 180.00N88°54'00"E 120.00N88°54'00"E 120.00N88°54'00"E 120.00N88°54'00"E 120.00N88°54'00"E 120.00N88°54'00"E 120.00N88°54'00"E 120.00S00°00'00"E 130.00
S00°21'37"W 130.00
S03°40'16"W 130.00
S06°58'56"W
1
3
0
.
0
0
S10°17'3
5
"
W
1
3
0
.
0
0
S13°36
'
1
5
"
W
1
3
0
.
0
0
S16°5
4
'
5
4
"
W
1
3
0
.
0
0
S17°
2
8
'
2
8
"
W
1
2
0
.
0
0
N13°15
'
4
8
"
E
1
2
0
.
4
9
N09°03'09"
E
1
2
0
.
7
1
N04°50'29"E 120.66
N00°37'49"E 120.12
N00°00'00"E 120.00N90°00'00"E 63.74S89°48'24"E 55.25S85°57'08"E 61.84S80°34'54"E 61.84S75°12'39"E 61.84S69°50'25"E 48.48S20°
1
3
'
3
4
"
W
1
3
0
.
0
0
N21
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4
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9N88°54'00"E30.00N01°06'00"W 412.30 30.0162.3050.0050.0050.0050.0050.0050.0027.6122.39120.0060.7946.8240.0521.7926.7135.1313.3648.4844.5664.6960.02L=6.10=0°21'37"L=56.06Δ=3°18'40"L=56.06Δ=3°18'40"L=56.05Δ=3°18'40"L=56.05Δ=3°18'39"L=56.05Δ=3°18'39"L=56.05Δ=3°18'39"8.4360.002.95ROAD BN01°06'00"W 390.49 S90°00'00"E 319.30R=970.00L=342.42Δ=20°13'34"C.Brg=N79°53'13"W120.02L=48.54Δ=3°18'40"120.
4
9
60.0
0 AMBER FIELDS FOURTH ADDITIONINSETSEE SHEET 2 OF 3SHEETS