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EXECUTIVE SUMMARY
City Council Regular Meeting: September 20, 2022
AGENDA ITEM: Approve Subdivision Agreement for BMR
(Frana Manufacturing Facility)
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, PE – Public Works
Director AGENDA NO. 6.bb.
ATTACHMENTS: Subdivision Agreement – BMR APPROVED BY: EF
RECOMMENDED ACTION: Motion to approve a Subdivision Agreement for BMR (Frana
Manufacturing Facility)
SUMMARY
City Council approved the final plat for the Frana Manufacturing Facility at the September 6, 2022
meeting. However, there were several conditions within the Subdivision Agreement that staff and the
developer were coordinating. The review and coordination of those items have been completed and the
agreement is now ready for approval.
The approval of this Subdivision Agreement will be the final step in allowing Frana Companies to begin
their planned improvements.
RECOMMENDATION
Staff recommends City Council approve the attached Subdivision Agreement and authorize the Mayor and
City Clerk to enter into this agreement.
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August 2022
SUBDIVISION AGREEMENT
BMR
AGREEMENT dated this ______ day of ________________________ 2022, by and between the CITY
OF ROSEMOUNT, a Minnesota municipal corporation, (the "City"), and BMR ROSEMOUNT PROPERTIES, 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 BMR, which land is legally described on ATTACHMENT ONE,
attached hereto and hereby made a part hereof (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 Plat, Final Plat, Declaration of Covenants,
Conditions and Restrictions BMR Planned Unit Development and Master Development Plan
approvals for BMR.
c. Conformance with all requirements of the City Engineer’s memorandum dated June 14, 2022.
d. Drainage and utility easement with storm sewer infrastructure, except ponding or infiltration
areas, may contain fences, but shall be required to include gates to provide truck access; shall
prohibit sheds or other accessory structures; and shall prohibit landscaping that would impede
drainage.
e. Compliance with the conditions and standards within the Park and Recreation Director’s
memorandum dated July 20, 2022.
f. Payment of all applicable fees including GIS, Cash-In-Lieu of Park Dedication and other fees
identified in the current fee schedule.
g. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
underpasses, conservation areas, streets and utilities.
h. Provision of $148,830 for landscaping surety.
i. Provision of $68,250 for Cash-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.
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Development of subsequent phases may not proceed until Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no amendments
to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service
area, or official controls shall apply to or affect the use, development density, lot size, lot layout or
dedications of the approved plat unless required by state or federal law or agreed to in writing by the
City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to
the full extent permitted by state law, the City may require compliance with any amendments to the
City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after
the date of this Agreement.
5. Development Plans. The subject property shall be developed in accordance with the following plans,
specifications and contract documents, original copies of which are on file with the City Engineer.
The plans and contract documents may be prepared, subject to City approval, after entering this
Agreement, but before commencement of any work on the Subject Property. If the plans vary from
the written terms of this Agreement, the written terms shall control. The plans are:
Plan A – Plat
Plan B – Soil Erosion Control Plan and Schedule
Plan C – Drainage and Storm Water Runoff Plan
Plan D – Plans and Specifications for Public Improvements
Plan E – Grading Plan
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 (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
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f. Setting of lot and block monuments
g. Gas, electric, telephone, 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
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,
2023, subject to delays due to inclement weather, casualty, labor strikes, material shortages, or other
force majeure not within the Developer’s reasonable control. The Developer may, however, request
an extension of time from the City. If an extension is granted, it shall be conditioned upon updating
the security posted by the Developer to reflect cost increases and the extended completion date.
8. City-Installed Public Infrastructure. The following improvements (the “City-Installed Public
Infrastructure Improvements”) (also referred to as City Project 2022-24), 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 Two Hundred Twenty-
Nine Thousand Four Hundred Sixty-Three Dollars ($229,463). The amount of the security was
calculated as follows:
Refer to Exhibit A and Exhibit B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with all terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit after 15-days after receipt of written notice by certified mail if the obligations of the Developer
have not been completed as required by this Agreement. In the event of a default under this
Subdivision Agreement by the Developer, the City shall furnish the Developer with 15-days written
No.Item Co st 110%Calculation
1 Grading and Erosion Control 47,803$ 52,583$ $3500/ac x 13.658 acres. Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 500$ 550$ $500/lot x 1 lots
4 Landscaping 135,300$ 148,830$ Per City Planner (451 trees x $300)
5 Street Lights -$ -$ $4000/light x 0 lights
6 Surface Improvements -$ -$ 125%
7 Water Main Improvements -$ -$ 125%
8 Sanitary Sewer Improvements -$ -$ 125%
9 Storm Sewer Improvements -$ -$ 125%
Total 208,603$ 229,463$
Letter of Credit for Developer Improvements (due with signed agreement)
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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 15-days of receiving notice, the City may draw
on the letter of credit and take such steps as it deems necessary to remedy the default. With City
approval, the letter of credit may be reduced from time to time as financial obligations are paid and
Developer Improvements and other Developer obligations are completed to the City’s requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by
the City in conjunction with the installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the
development to the City as the site grading is completed by phase, with street and lot grades. If the
installation of utilities by the City is occurring simultaneously with the grading, the utility contractor
shall have preference over the grading activities. No substantial grading activities can be completed
over installed utilities unless otherwise protected. All improvements to the lots and the final grading
shall comply with the grading plan as submitted and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City. Such license shall terminate as to all single-family residential lots within the subject property
upon acceptance by the City of the public infrastructure improvements.
13. Erosion Control. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by
the City. All areas disturbed by the excavation and backfilling operations shall be stabilized per the
most current Minnesota Pollution Control Agency’s construction stormwater permit. 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 surrounded completely 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.
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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
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 31st 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 inspection
expenses incurred in connection with approval and acceptance of the subdivision and the plat,
the preparation of this Agreement and any amendments hereto, and all costs and expenses
incurred by the City in monitoring and inspecting the development of the Subject Property.
b. The Developer shall 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 Twenty-
Seven Thousand One Hundred Thirty-Nine Dollars ($27,139) shall be deposited with the City
at the time this Agreement is signed, and represent the following amounts:
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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.
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.
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 time of execution of this agreement by the City:
a. Cash In Lieu of Park Dedication fees in the amount of $68,250
b. Storm Sewer Trunk Area Charges in the amount of $72,229
c. Sanitary Sewer Trunk Area Charges in the amount of $14,682
d. Watermain Trunk Area Charges in the amount of $88,777
No.Item Cost
1 Engineering Fees 15,000$
2 Attorney Fees 3,000$
3 City Administrative Fees 7,500$
4 Street Light Energy Cost -$
5 GIS Fees 1,639$
6 Trail Fog Seal -$
7 Seal Coating -$
Total 27,139$
City Fees (due with signed agreement)
Calculation
E/C Inspections and Utility Improvements
Estimate
0 lights x 24 months x $30/month
$120/acre x 13.658 acres
$0.30/SF x 0 SF
$1.70/SY x 0 SY
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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. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200/SAC unit).
c. Storm Sewer Connection Charges per commercial and industrial of $2,270/acre.
d. Water Availability Charges based on meter installation at construction.
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 shall give 15-days written notice of the default. If the Developer fails to cure
the default within the 15-day notice period or such additional cure period if Developer cannot
reasonably cure the default within that timeframe but diligently prosecutes the cure, the City may, at
its option, perform the work and the Developer shall promptly reimburse the City for any expense
incurred by the City, provided the Developer is first given notice of the work in default, not less than
48 hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for
the City to seek a court order for permission to enter the land. When the City does any such work,
the City may, in addition to its other remedies, draw on the letter of credit or other security described
in section 10, or levy the cost in whole or in part as a special assessment against the Subject Property.
Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal
such assessments pursuant to Minnesota Statutes, Section 429.081.
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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.
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
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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.
k. The City will pass a resolution accepting improvements and releasing all securities except the
landscaping which will be upon confirmation that all required landscaping has survived one
growing season.
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:
BMR Rosemount Properties, LLC
633 2nd Ave S
Hopkins, MN 55343
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.]
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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
BMR ROSEMOUNT PROPERTIES, LLC
By:
Mike Benedict, its Manager
STATE OF MINNESOTA )
) SS
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this ____ day of ______________________ 2022,
by Mike Benedict, Manager, of BMR Rosemount Properties, LLC, a Minnesota limited liability company, on
behalf of said company.
Notary Public
Drafted By:
City of Rosemount
2875 145th Street West
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Rosemount, MN 55068
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 ($4,000 per light has been used to
calculate this cost).
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EXHIBIT B (Page 1 of 2)
No. Item Cost 110% Calculation
1 Grading and Erosion Control 47,803$ 52,583$ $3500/ac x 13.658 acres. Minimum $25,000
2 Pond Restoration and Erosion Control Removal 25,000$ 27,500$ Minimum $25,000
3 Survey Monumentation 500$ 550$ $500/lot x 1 lots
4 Landscaping 135,300$ 148,830$ Per City Planner (451 trees x $300)
5 Street Lights -$ -$ $4000/light x 0 lights
6 Surface Improvements -$ -$ 125%
7 Water Main Improvements -$ -$ 125%
8 Sanitary Sewer Improvements -$ -$ 125%
9 Storm Sewer Improvements -$ -$ 125%
Total 208,603$ 229,463$
No. Item Cost
1 Engineering Fees 15,000$
2 Attorney Fees 3,000$
3 5% City Administrative Fees 7,500$
4 Street Light Energy Cost -$
5 GIS Fees 1,639$
6 Trail Fog Seal -$
7 Seal Coating -$
Total 27,139$
No. Item Cost
1 Storm Sewer Trunk Charge 72,229$
2 Sanitary Sewer Trunk Charge 14,682$
3 Water Trunk Charge 88,777$
5 Park Dedication 68,250$
Total 243,939$
0 lights x 24 months x $30/month
$120/acre x 13.658 acres
$0.30/SF x 0 SF
E/C Inspections and Utility Improvements
Letter of Credit for Developer Improvements (due with signed agreement)
City Fees (due with signed agreement)
Calculation
Estimate
$6500/acre x 13.658 acres
$1.70/SY x 0 SY
Development Fees (due before signed plat is released)
Calculation
$6865/net developable acre x 11.308 acres - $5,400.00 Storm
Water Credit for additional area required for regional ponding.
$1075/acre x 13.658 acres
Block Lots Units Block Lot Units SQ FT Acres
1 1 1 1 1 1 594927 13.658
Total 11
Total Plat Area = 13.658 acres
Total Park Area = 0.000 acres
Future Plat Area = 0.000 acres
Developable Area * = 13.658 acres
Ponding to HWL = 2.350 acres
Net Developable Area =11.308 acres
* Excludes future plat and park areas (all outlots)
ROW 0 0.000
Total Boundary 594927 13.658
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EXHIBIT B (Page 2 of 2)
Totals
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ATTACHMENT ONE
BMR
Final Plat
Legally described as:
Lot 1, Block 1, BMR, Dakota County, Minnesota and platted as follows:
Width Varies
S89°40'23"W 499.45N89°40'49"E 812.50
S2
3
°
3
8
'
3
4
"
W
68
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0
3
38
9
.
7
2
Δ=
1
6
°
2
7
'
0
1
"
R=
1
3
5
7
.
3
9
S89°40'23"W 581.57
N0
0
°
1
2
'
2
3
"
E
3
6
1
.
4
2
N89°34'04"E
129.63
65.48
Δ=13°43'45"
R=273.25
S68
°
0
2
'
0
3
"
E
109
.
3
6
Point of Beginning
S
2
4
°
5
0
'
2
1
"
E
1
8
0
.
6
0
50
8
.
4
1
N0
0
°
1
2
'
2
3
"
E
N89°40'23"E 1033.85
Intersection of the E'ly Right of Way Line
of Trunk Hwy No. 3 as Established by
MINNESOTA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY PLAT NO. 19-77 and the
S Line of the S 1/2 of the SW 1/4
of Sec. 32, Twp. 115, Rng. 19
East (DESC)_
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S Line of the S 1/2 of the SW 1/4
of Sec. 32, Twp. 115, Rng. 19
N89°40'23"E 1530.84
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N Line of the S 1/2 of the SW 1/4
of Sec. 32, Twp. 115, Rng. 19
W'ly Line of Parcel 9 per
DAKOTA COUNTY ROAD
RIGHT OF WAY MAP NO. 258
S Line of Parcel 9 per
DAKOTA COUNTY ROAD
RIGHT OF WAY MAP NO. 258
S Line of Dakota Co. Road DAKOTA COUNTY
ROAD RIGHT OF WAY MAP NO. 258 &
the N Line of DAKOTA COUNTY ROAD
RIGHT OF WAY MAP NO. 259 & 259B
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N89°40'23"E 821.50
S 1/4 Corner of
Sec. 32, Twp. 115, Rng. 19
(Aluminum Monument)SW Corner of
Sec. 32, Twp. 115, Rng. 19
(Cast Iron Cap)
N89°40'23"E 1817.70
Found 1/2 Inch
Open Iron Pipe
BLOCK 1
LOT 1
Δ=
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168.43
Drainage & Utility Easement
Width
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16
°
2
7
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4
4
"
(
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)
(MEAS)
(M
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)
129.22 (ROW)
(MEAS)
(MEAS)(MEAS)
39
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N89°41'44"E 326.22
E Line of the SW 1/4
of Sec. 32, Twp. 115, Rng. 19
BMR KNOW ALL PERSONS BY THESE PRESENTS: That BMR Rosemount Properties, LLC, a Minnesota limited liability company, fee owner of the following described property:
That part of the South Half of the Southwest Quarter of Section 32, Township 115, Range 19, Dakota County, Minnesota, described as follows: Commencing at the intersection of the south line of said
South Half of the Southwest Quarter and the easterly right of way line of State Trunk Highway No. 3 as now established by MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.
19-77, according to the recorded plat thereof, Dakota County, Minnesota; thence East (assumed bearing) along the south line thereof 1033.85 feet, thence North 0 degrees 32 minutes 00 seconds East,
508.41 feet to the point of beginning of the land to be described; thence continuing North 0 degrees 32 minutes 00 seconds East, 390.95 feet; thence on a bearing of West, 580.96 feet to the easterly
right of way line of said State Highway No. 3; thence southwesterly along said easterly highway right of way line along a nontangential curve which is concave to the southeast, central angle of 16
degrees 27 minutes 44 seconds, radius of 1357.39 feet, a distance of 390.00 feet; thence South 23 degrees 59 minutes 51 seconds West along said easterly right of way line 68.03 feet, thence on a
bearing of East, 812.26 feet to the point of beginning.
AND
That part of the South Half of the Southwest Quarter of Section 32, Township 115, Range 19, Dakota County, Minnesota, which lies easterly and northerly of the following described line: Commencing at
the intersection of the south line of said South Half of the Southwest Quarter and the easterly right of way line of State Trunk Highway No. 3 as now established by MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 19-77, according to the recorded plat thereof, Dakota County, Minnesota; thence East (assumed bearing) along the south line thereof 1530.84 feet to the
point of beginning of the line to be described; thence North 0 degrees 48 minutes 38 seconds East, 508.44 feet; thence on a bearing of West 499.45 feet; thence North 0 degrees 32 minutes 00 seconds
East, 812.42 feet to the north line of said South Half of the Southwest Quarter and said line there terminating.
EXCEPT
Parcel 9 on Dakota County Road Right-Of-Way Map No. 258 and Parcel 5A on Dakota County Road Right-Of-Way Map No. 259, including all right of access to Minnesota Trunk Highway 3 from the
adjacent parcel to the east as shown on the right of way maps.
AND EXCEPT
That part of the South Half of the Southwest Quarter of Section 32, Township 115, Range 19, Dakota County, Minnesota, lying easterly of Parcel 9 as shown on Dakota County Road Right of Way Map
No. 258 and also easterly and northerly of Parcel 5A as shown on Dakota County Road Right of Way Map No. 259B.
Has caused the same to be surveyed and platted as BMR and does hereby dedicate to the public, for public use, the drainage and utility easements as created by this plat.
In witness whereof said BMR Rosemount Properties LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer
this day of , 20 .
BMR ROSEMOUNT PROPERTIES, LLC
By: Its
STATE OF , COUNTY OF
The forgoing instrument was acknowledged before me this day of , 20 ,
By:, of BMR Rosemount Properties, LLC, a Minnesota limited liability company, on behalf of the company.
My Commission Expires:
Notary Public, Signature Notary Public, Printed Name
Notary Public County,
Denotes a Dakota County Monument.
Bearings are based on the south line of the
S 1/2 of the SW 1/4 of Sec. 32, Twp. 115, Rng. 19
having an assumed bearing of N 89°40'23" E.
Denotes a Found 1/2 Inch Iron Pipe With Cap No. 8625 (Unless Otherwise Shown)
Denotes a 1/2 inch by 14 inch Rebar Marked "RLS 44565"
Denotes Access Control per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 258
Denotes record bearings / distance per description(DESC)
N
160408004080
SCALE IN FEET
SURVEYORS CERTIFICATE
I Rory L. Synstelien, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota;
that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; 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 in Minnesota Statutes, Section 505.01, Subd. 3, as of the
date of the surveyor's certification are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this day of , 20 .
Rory L. Synstelien, Land Surveyor
Minnesota License No. 44565
STATE OF MINNESOTA, COUNTY OF
This instrument was acknowledged before me this day of , 20 , by Rory L. Synstelien, a Licensed Land Surveyor.
My Commission Expires:
Notary Public, Signature Notary Public, Printed Name
Notary Public County,
CITY COUNCIL OF ROSEMOUNT, COUNTY OF DAKOTA, STATE OF MINNESOTA
This plat was approved by the City Council of Rosemount, Minnesota at a regular meeting thereof held this day of , 20 , and hereby
certifies compliance with all the requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2.
By:, Mayor By: , City Clerk
COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I 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 Surveyor
DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subdivision 9, taxes payable in the year on real estate hereinbefore described, have been paid. Also pursuant
to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfers entered on this day of , 20 .
By
Amy A. Koethe, Director, Department of Property Taxes and Records
COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of BMR 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 .
By
Amy A. Koethe, County Recorder
Being 5 feet in width and adjoining lot lines, unless otherwise
indicated, and being 10 feet in width and adjoining right of way
lines unless otherwise indicated, as shown on this plat.
DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:
NOT TO SCALE
10
5
5
10
Denotes distance per DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO. 258 (ROW)
Denotes measured bearings / distance(MEAS)
OFFICIAL PLAT
VICINITY MAP
SEC. 32 - T115 - R19
DAKOTA COUNTY, MINNESOTAN
NOT TO SCALE