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HomeMy WebLinkAbout2011-05-18 PACKET 04.O.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/18/11 PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1. Consider approving the final plat for Everwood 3rd Addition. 2. Consider approving the development agreement with MJR Developers, LLC for the development of the 9 residential lots and 1 outlot within the Everwood 3rd Addition. STAFF RECOMMENDATION 1. Adopt the resolution approving the final plat for Everwood 3rd Addition. 2. Approve the development agreement with MJR Developers, LLC. ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 5/13/11 ® RESOLUTION: Draft — Final Plat Resolution No. 06 -196 — approving preliminary plat ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: 1) Development Agreement 2) Final Plat 3) Preliminary Plat ADMINISTRATORS COMMENTS Citv Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER FROM: John M. Burbank, Senior Planner DATE: May 13, 2011 RE: Everwood 3rd Addition — Final Plat and Development Agreement Approvals Introduction MJR Developers, LLC has filed a final plat application to develop the third phase of the Everwood neighborhood. The plat name is Everwood 3rd Addition and consists of nine single- family lots and one outlot. This project is located on Meadowgrass Cove adjacent to the previous Everwood Addition. A copy of the proposed final plat is attached. Everwood 3rd Addition is the next phase of the 28 lot Everwood preliminary plat that was approved by the City Council in 2006. A copy of the preliminary plat and Resolution No. 06 -196, which approved the plat are attached. The street and lot layout for Everwood 3rd Addition is consistent with the pre- liminary plat. This final plat was distributed to other City departments and utility companies for review and comment. No comments were received. Discussion Based on the size and scope of the development, it is recommended that the consultants and con- tractors for the developer design and construct the public improvements within the subdivision. A Development Agreement has been prepared and is attached. The resolution and development agreement specify developer's responsibilities and financial obligations related to the completion of the subdivision. The conditions ensure the necessary security for engineering, legal, and administra- tive expenses the City might incur in relation to the development. The draft resolution is attached. The City Engineer has been coordinating with the developer's engineer in the creation of the con- struction plans for the public improvements to ensure they meet City specifications. During the construction process, the City will perform inspections of the improvements. Once all the public im- provements have been constructed, a report and recommendation from the City Engineer will be presented to the City Council to accept the public improvements. That the City Council approves: 1. The resolution authorizing the final plat for Everwood 3rd Addition, subject to conditions; and 2. The development agreement with MJR Developers, LLC for the construction of the public improvements. r s O O - #. p 9 2 D ' f 3 N 4 I I P. 11 ) vv Vtf UOa\ GRASS � I ' >� ?o \� �. \ \ —• � !f,' ,' is 4 \°m' e lsa so n\ \ ���'�''�E \ '� Drainage end Utility Easements ore .c•' ' N'IS hS �,\ shown thus: us. � 0 Being 5 feat width antl ad)ointng m \ lot lines, unless s otherwise shown, rx' and 10 feet in width and on the street plot. lines as shown the plat. ODanoten 1/2 Inch by 14 inch Iron pipe with plastic cap inscribed MN PLS 14376 has been net or will be set in accordance with MS 505.021, Subd, 1O. •Denotes 1/2 Inch by ib Inch Iron pipe monument found and mcr ed by PLS N. 14376, unless otherwise noted The odantotien of this bearing eyatem is based on the Woshinglon County Coordinate System. (NAD 83) OUTLOT A nm r/. SE 114 BnM St Vl ]and NO f. S n Mot 3, a c. 8, i. 27. R. 21 80 0 00 92D 780 119.50 S89 °49'19 "W \ 120.34120.34 569'49'19"W9.49'19'W 11 Scale in Feet PLANNING ENGINEERING SURVEYING 1 Inch = 60 Feet zmh Sn.e1 S. (cox xo. =) 5 o� j J / \ ry p 9 2 D ' f 3 N 4 I I P. 11 ) vv Vtf UOa\ GRASS � I ' >� ?o \� �. \ \ —• � !f,' ,' is 4 \°m' e lsa so n\ \ ���'�''�E \ '� Drainage end Utility Easements ore .c•' ' N'IS hS �,\ shown thus: us. � 0 Being 5 feat width antl ad)ointng m \ lot lines, unless s otherwise shown, rx' and 10 feet in width and on the street plot. lines as shown the plat. ODanoten 1/2 Inch by 14 inch Iron pipe with plastic cap inscribed MN PLS 14376 has been net or will be set in accordance with MS 505.021, Subd, 1O. •Denotes 1/2 Inch by ib Inch Iron pipe monument found and mcr ed by PLS N. 14376, unless otherwise noted The odantotien of this bearing eyatem is based on the Woshinglon County Coordinate System. (NAD 83) OUTLOT A nm r/. SE 114 BnM St Vl ]and NO f. S n Mot 3, a c. 8, i. 27. R. 21 80 0 00 92D 780 119.50 S89 °49'19 "W \ 120.34120.34 569'49'19"W9.49'19'W 11 Scale in Feet PLANNING ENGINEERING SURVEYING 1 Inch = 60 Feet zmh Sn.e1 S. (cox xo. =) £�St sn =�Sg? s kf »E� f i4w J ,. o�s�g e ap °NO�3 a 4� a 3� a N ^ O ® ® 'a V g� p � o� F O O V V R dYld .INYNIXt]3Nd /.L93NSa9A0� s A w v �Z 3 x K O F 3 µ O o £�St sn =�Sg? s kf »E� f i4w J ,. o�s�g e ap °NO�3 a 4� a 3� I / Q / U / e / g� p � o� F dYld .INYNIXt]3Nd /.L93NSa9A0� s A I / Q / U / e / g� 'sasaoTaasa eiiv` dYld .INYNIXt]3Nd /.L93NSa9A0� s A �Z x K N I a m a L� �F o ,$Z ,. H -s I / Q / U / e / IC7 *'Ti1X1k0159PIZ150<ifis�i3 RESOLUTION APPROVING THE FINAL PLAT NAMED EVERWOOD 3RD ADDITION WHEREAS, MJR Developers, LLC has applied for final plat approval of a residential subdivision named " Everwood 3rd Addition." This plat consists of nine lots for detached single - family homes and one outlot, all of which are located on property legally described as: That part of Outlot E, Everwood, according to the record plat thereof, lying northwes- terly of the following described line: Commencing at the northeast corner of said Outlot E; thence South 40 degrees 00 minutes 00 seconds East, assumed bearing, along the east line of said Outlot E 288.21 feet; thence South 16 degrees 15 minutes 00 seconds East, along said east line 234.59 feet to the point of beginning of said line to be described; thence South 65 degrees 00 minutes 00 seconds West 174.31 feet; thence South23 degrees 12 minutes 23 seconds West 75.33 feet; thence South 56 degrees 15 minutes 00 seconds West 155.49 feet to the west line of said Outlot E and there terminating; and That part of Outlot E, Everwood, according to the record plat thereof, lying southeas- terly of the following described line: Commencing at the northeast corner of said Outlot E; thence South 40 degrees 00 minutes 00 seconds East, assumed bearing, along the east line of said Outlot E 288.21 feet; thence South 16 degrees 15 minutes 00 seconds East, along said east line 234.59 feet to the point of beginning of said line to be described; thence South 65 degrees 00 minutes 00 seconds West 174.31 feet; thence South 23 degrees. WHEREAS, the Planning Commission held a public hearing on August 28, 2006, to re- view the preliminary plat application filed by MJR Developers, LLC. The Planning Commission unanimously recommended approval of this application, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved the preliminary plat (Res. No. 06 -196) on September 20, 2006; and WHEREAS, City staff found the third final plat within the development substantially consis- tent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by MJR Developers, LLC for development of a residential subdivision named Everwood 3rd Addition consisting of nine lots for detached single - family homes and one outlot, subject to the following conditions: 1. The developer must abide by Conditions 1 through 9 and 11 through 27 stipulated in Resolution No. 06 -196, approving the preliminary plat. Resolution No. 2011 -XXX Page 2 of 9 2. The developer must enter into a development agreement with the City of Cottage Grove, pursuant to Title 10 -3 -3 of the City's Subdivision Ordinance. 3. All utility, drainage, and development plans with specifications must conform to the intent of the final construction plans prepared by Hedlund Engineering. These plans shall be approved by the City Engineer prior to issuance of any building permit. The Developer may start rough grading of the lots before the plat is filed if all fees have been paid, a MPCA Construction Storm Water Permit has been issued, and the City has been furnished the required securities. 4. The development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 5. All emergency overflow swales must be identified on the Grading and Erosion Con- trol Plan. 6. Erosion control must be performed in accordance with the recommended prac- tices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10 -5 -8, Erosion Control During Construction, of the City's Subdivision Ordinance. 7. Upon completing site grading, four copies and one pdf format of the "As- Built" sur- vey for the site grade elevations must be submitted to the City. 8. It is the developer's responsibility to keep active and up to date the developer's con- tract and financial surety (e.g. Letter of Credit, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the City Engineer. 9. The developer must furnish an irrevocable letter of credit in the amount of $136,072.00 (for off -site improvements) to ensure that the developer will construct or install and pay for the following: a. Pave streets b. Concrete curb and gutter c. Hard surface driveways d. Street lights e. Mailboxes f. Water system (trunk and lateral) and water house service stubs g. Sanitary sewer system (trunk and lateral) and sanitary house service stubs In. Storm sewer system i. Street and traffic control signs /signals j. Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer k. Adjust and repair new and existing utilities I. Sidewalks and trails m. Erosion control, site grading and ponding Resolution No. 2011 -XXX Page 3 of 9 n. Surveying and staking o. Park and storm water basin boundary markers These improvements are all in conformance with City approved plans and specifica- tions and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said im- provements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the City Council may reduce said Letter of Credit by the amounts provided, upon the ordering, for those public improvements so undertaken. The Letter of Credit must have the same expiration date as the Developer's contract. The bank and form of the security is subject to the reasonable approval of the City. The security shall be automatically renewing. The term of the security may be ex- tended from time to time if the extension is furnished to the City at least forty -five (45) days prior to the stated expiration date of the security. If the required public im- provements are not completed, or terms of the Development Agreement are not sa- tisfied, at least thirty (30) days prior to the expiration of a letter of credit, the city may draw down the letter of credit. The City may draw down the security without prior notice for any default of the Development Agreement. 10. A Developer's cash escrow in the amount of $7,161.69 posted with the City's Finance Director in a non - interest bearing account to cover engineering, legal and administrative costs incurred by the City. If this account becomes deficient it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 11. An engineering cash escrow in the amount of $10,026.00 posted with the City's Finance Director in a non - interest bearing account to cover costs of City services, expenses, and materials provided in reviewing and processing of the final plat, in- cluding but not limited to staff time, legal expenses, office and field inspections, general inspections, and all other city staff services performed. 12. Payment of park dedication fees in the amount of $19,800 is based on an ad- justed Park dedication fee for 9 lots at $2,200 per lot as detailed in the developers agreement for Everwood 1 st Addition. The park fee is due and payable at the time of executing this agreement. Park fees for subsequent phases shall be calculated and paid based upon requirements in effect at the time the Development Con- tracts for those phases are entered into. 13. The Homeowner's Association for this phase of development must be part of the Homeowner's Association for the entire Everwood neighborhood. 14. The Developer shall pay a storm water area charge of $80,949. This fee is due and payable at the time of executing this Development Agreement. Storm water area charge for subsequent phases shall be calculated and paid based upon require- Resolution No. 2011 -XXX Page 4 of 9 ments in effect at the time the development agreements for those phases are entered into. 15. The Developer shall pay a waterworks area charge of $27,142.36. This fee is due and payable at the time of executing this Development Agreement. Waterworks area charge for subsequent phases shall be calculated and paid based upon re- quirements in effect at the time the development agreements for those phases are entered into. 16. The Developer shall pay a sanitary sewer area charge of $23,687.72. This fee is due and payable at the time of executing this Development Agreement. Sanitary sewer area charge for subsequent phases shall be calculated and paid based upon requirements in effect at the time the development agreements for those phases are entered into. 17. The City will supply the street light poles and luminaries. The Developer will pay the City $6,150.00 for street light poles and luminaries. This fee is due and pay- able at the time of executing this Development Agreement. 18. The Developer shall pay the City $1,058.80 for street light utility charge and $367.20 for street light operation and maintenance surcharge fee. This fee is due and pay- able at the time of executing this Development Agreement. 19. The Developer agrees to pay a fee of $2,160.00 for initial sealcoating of streets in the subdivision. This fee shall be deposited in the City's street sealcoating fund upon execution of the Development Agreement. The City agrees to sealcoat the streets in the subdivision no later than two years after the majority of the houses within the subdivision have been constructed. 20. The Developer is responsible for establishing the final grades, topsoil, and seed- ing of all the residential lots within the subdivision. The Developer is responsible for planting nine deciduous trees within the subdivision. 21. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 22. All areas disturbed by the excavation and back - filling operations shall be fertilized, mulched and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emer- gency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately. The City will notify the Devel- oper in advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or obligations. If the Developer does not reim- Resolution No. 2011 -XXX Page 5 of 9 burse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 23. The Developer is responsible for Erosion Control inspection fees at the current rates. If the Developer does not reimburse the City for the costs the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 24. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 25. Dust control measures must be in place to prevent dust and erosion, including, but not limited to daily watering, silt fences, and seeding. The City Engineer may impose reasonable measures to reduce dust at the site. 26. During construction, streets must be passable at all times, free of debris, materials, soils, snow, and other obstructions. 27. The Developer shall comply with the 1991 Wetlands Conservation Act, as amended. 28. Approval of Title by the City Attorney. 29. No building permit will be issued until such time as adequate public utilities, includ- ing street lights, and streets have been installed and determined to be available to use. The City will require that the utilities, lighting, and street system have been constructed and considered operational prior to issuance of any building permits in the development. Also, the City must have all the necessary right -of -way and /or easements needed for the property to be serviced. 30. The applicant shall agree to perform a comprehensive search to locate any existing wells on the property. All located and unused wells are to be properly abandoned and sealed, in accordance with applicable County and State law. 31. A final plat showing the correct square footage for each lot area must be submitted prior to recording the final plat with the Washington County Recorder's office. 32. All drainage and utility easements as recommended by the City Engineer must be shown on the final plat and dedicated to the City for public purposes. 33. The final plat and declaration of private covenants must be recorded with the Wash- ington County Recorder's Office before any building permit can be issued. 34. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. Resolution No. 2011 -XXX Page 6 of 9 35. Adequate dumpsters must be on site during construction of streets, utilities, and houses. When the dumpsters are full, they must be emptied immediately or re- placed with an empty dumpster. The developer is responsible to require each builder to provide an on -site dumpster to contain all construction debris, thereby preventing it from being blown off -site. 36. Adequate portable toilets must be on -site at all times during construction of utilities, roadways, and houses. At no time shall any house under construction be more than 250 feet away from any portable toilet. Toilets must be regularly emptied. 37. The Developer is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. 38. Irrigation systems installed within City right of way are solely the developers, home- owners association or individual homeowner's responsibility and risk. The City is not responsible or liable for any damage or relocation as a result of City use of or future changes in the right of way. 39. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three -foot wall with a back slope greater than four -to- one shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer as evidence that the retaining wall was constructed in accordance with the approved plans and specifications. 40. Upon completion of the work, the Developer shall provide the City with a full set of as -built plans for City records and transmitted to the City in a DWG Autocad format and pdf format. Developer must also furnish the City with a pdf format of the final plat and four prints of the recorded plat. If the Developer does not provide as- builts, the City will produce them at the Developer's expense. 41. The City will not have any responsibility with respect to any street or other public im- provement unless the street or other public improvement has been formally ac- cepted by the City. Upon completion of the improvements, the developer may re- quest, in writing, their acceptance by the City. This request must be accompanied by proof that there are no outstanding judgments or liens against the land upon which the public improvements are located. Upon the City's receipt of a written request for acceptance from the developer, the City Engineer will conduct a final inspection of the public improvements and will furnish a written list of any deficiencies noted. The City Engineer will base the inspection on compliance with the approved construction plans, profiles and specifications, as required by the city ordinance. Upon satisfac- tory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, Resolution No. 2011 -XXX Page 7 of 9 and receipt of reproducible record drawings and satisfactory test results, the City Engineer will notify the developer in writing of the City's approval of the public im- provements and schedule the request for acceptance for review by the City Council. 42. Upon acceptance by the City Council, all responsibility for the improvements must be assumed by the City, except that the developer is subject to a one year warranty on the construction of the improvements from the time of acceptance by the City of all public improvements. 43. The plat shall be developed in one phase. No earth moving shall be done in any subsequent phase until the necessary security has been furnished to the City. No construction of public improvements or other development shall be done in any subsequent phase until a final plat for the phase has been filed in the County Re- corder's office and the necessary security has been furnished to the City. The City may refuse to approve final plats of subsequent phases until public improvements for all prior phases have been satisfactorily completed. 44. All trails and sidewalks required as a part of the preliminary plat shall be com- pleted in conjunction with or before the completion of the final phase of the entire Everwood subdivision. 45. The Developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perform all necessary work and /or inspections dur- ing the installation of public improvements by the City. 46. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and property any soil, earth or debris resulting from con- struction work by the Developer or its agents or assigns. All debris, including brush, vegetation, trees and demolition materials shall be properly disposed of off - site. Burning of trees and structures is prohibited, except for fire training only. 47. The Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday Saturday Sunday 7:00 A. M. to 7:00 P.M. 8:00 A.M. to 5:00 P.M. Not Allowed This does not apply to activities that are required on a 24 -hour basis such as de- watering, etc. Any deviations from the above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per occurrence. 48. The Developer is responsible to require each builder within the development to provide a Class 5 aggregate entrance for every house that is to be constructed in the development. This entrance is required to be installed upon initial construction of the home, but a paved driveway must be completed before the City will issue a Resolution No. 2011 -XXX Page 8 of 9 certificate of occupancy for that property. See City Standard Plate ERO -7 for con- struction requirements. The water service line and shut -off valve shall not be located in the driveway. 49. The Developer is responsible for the control of grass and weeds in excess of eight inches on vacant lots or boulevards within their development. Failure to control grass and weeds will be considered a Developer's default and the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. 50. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work by this Develop- ment Agreement. 51. Developer will provide to the City copies of bids, change orders, suppliers, subcontractors, etc., relating to the work to be performed by the Developer. 52. Developer is responsible for all street maintenance, upkeep and repair of curbs, boulevards, sod, and street sweeping until the project is complete. All streets must be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer must maintain a smooth driving surface and adequate drainage on all streets until they are completed and accepted by the City. Developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Developer's acts or omissions in performing the obliga- tions imposed upon Developer by this paragraph. 53. The Developer shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Developer agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the city administrator. 54. The Developer must place iron monuments at all lot and block corners and at all other angle points on property lines. Iron monuments must be placed after all site and right -of -way grading has been completed in order to preserve the lot markers for future property owners. 55. The Developer must make all necessary adjustments to the curb stops, gate valves, and metal castings to bring them flush with the topsoil (after grading). 56. The Homeowner's Association(s) or the homeowner that has a sidewalk on their property is responsible for maintaining the sidewalks. Such maintenance includes, Resolution No. 2011 -XXX Page 9 of 9 but is not limited to, sweeping and promptly removing ice and snow or other obstruction to ensure the safe passage of pedestrians. 57. The Developer must remove all dead and diseased trees, all other debris, and fencing materials that serve no practical use. This work must be completed prior to the issuance of a building permit. 58. The City will provide to the Developer the street name plates and poles. The De- veloper must pay the City for the costs of labor and materials for these street name signs before any building permit is issued. 59. The City's curb replacement policy must be complied with. Passed this 18th day of May, 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EVERWOOD ADDITION WHEREAS, MJR Developers has applied for a preliminary plat for subdivision to be known as Everwood Addition. The development, which will consist of 28 single family lots and 4 outlots, would be located on property legally described as: Parcel 1: That part of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, described as commencing at a point on the west line of said Southwest Quarter of the Southwest Quarter of Section 8 distant 33.00 feet South of the northwest corner of said Southwest Quarter of the Southwest Quarter, thence North 89 degrees 00 minutes 10 second East, assumed bearing, along a line parallel with the north line of said Southwest Quarter of the Southwest Quarter of Section 8, a distance of 561.00 feet to the point of beginning of the land to be described; thence South 7 degrees 59 minutes 50 seconds East, a distance of 786.72 feet; thence South 66 degrees 00 minutes 10 seconds West, a distance of 193.99 feet to the most northerly line of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82 -20; thence North 73 degrees 11 minutes 53 seconds West, along said most northerly line of Parcel 43C, a distance of 507.10 feet to said west line of the Southwest Quarter of the Southwest Quarter; thence North 0 degrees 37 minutes 41 seconds West, along said west line of the Southwest Quarter of the Southwest Quarter, a distance of 734.66 feet to said northwest corner of said Southwest Quarter of the Southwest Quarter of Section 8; thence North 89 degrees 00 minutes 10 seconds East, along said north line of the Southwest Quarter of the Southwest Quarter of Section 8 a distance of 556.74 feet to the intersection with a line which bears North 7 degrees 59 minutes 50 seconds West from the point of beginning; thence South 7 degrees 59 minutes 50 seconds East a distance of 33.25 feet to the point of beginning. Parcel 2: All that part of the Southeast Quarter of the Southeast Quarter of Section 7, Township 27, Range 21, Washington County, Minnesota which lies northeasterly Page.2.of 5 of the following described line: Beginning at a point on the north line of said Southeast Quarter of the Southeast Quarter which is 92.85 feet west from the northeast corner of said Southeast Quarter of the Southeast Quarter; thence southeasterly to a point on the east line of said Southeast Quarter of the Southeast Quarter, thence southeasterly to a point on the east line of said Southeast Quarter of the Southeast Quarter which is 92.85 feet south of said northeast corner and there terminating. Parcel 3: The East Half of the Northeast Quarter of the Southeast Quarter of Section 7, Township 27, Range 21, Washington County, Minnesota. Parcel 4: The Northwest Quarter of the Southwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, Except the East 726.01 feet. WHEREAS, MJR Developers also applied for a comprehensive plan amendment to expand the Metropolitan Urban Services Area (MUSA) boundary and to change the land use from Rural Residential to Mixed Use for low density residential and commercial development, and a zoning amendment to change the zoning from R -2, Residential Estate, to R -2.5, Residential: and WHEREAS, public hearing notices were mailed to surrounding property owners within 500 feet of the proposed development site and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on these applications on August 28, 200&; and WHEREAS, the public hearing was open for public testimony and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission, on a 6 -to -2 vote, recommended approval of the preliminary plat for Everwood Addition, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the preliminary plat application filed by MJR Developers for Everwood Addition, which would consist of 28 single family lots and 4 outlots to be located on the property legally described above. The approval is subject to the following conditions: 1. The final plat must conform to the preliminary plat dated September 14, 2006, except for additional required easements. Page 3 of 5 2, The developer must petition the City for public improvements and enter into a subdivision agreement with the City for the installation of and payment for all public improvements in the subdivision and adjacent public roadways, pursuant to Title 10 of the City Code. 3. The approvals are subject to applicant receiving appropriate written approvals from the Minnesota Land Trust and any required judiciary approval. 4. The applicant receive appropriate building permits from the City, and permits or approvals from other regulatory agencies including, but not limited to, the South Washington Watershed District, DNR, and the Minnesota Pollution Control Agency. 5. The revised grading and utility plan must be submitted to City staff for review and approval prior to the submission of the final plat plan applications to the City. All emergency overflow swales must be identified on the grading and erosion control plan. Drainage calculations must be submitted prior to City Council review of the preliminary plat. 6. The applicant must submit a final construction management plan that includes erosion control measures, project phasing for grading work, areas designated for preservation, a crushed -rock construction entrance, and construction- related vehicle parking for staff review and approval prior to issuance of a grading permit. T A pre - construction meeting with City staff and the contractor must be held before site work begins. The contractor will provide the City with a project schedule for the various phases of construction. 8. Erosion control devices must be installed prior to commencement of any grading activity. Erosion control shall be performed in accordance with the recommended practices of the "Minnesota Construction Site Erosion and Sediment Control Planning Handbook" and the conditions stipulated in Title 10 -5 -8, Erosion Control During Construction, of the City's Subdivision Ordinance. 9. The developer must pay for required public improvements, all trailway improvement costs, stop signs, area charges, park dedication fees, and the required off site ponding costs. 10. Outlots A, B, and C must be conveyed to the City of Cottage Grove at the time of recording of the final plat. 11. The boundaries of Outlots A, B, and C will be identified in accordance with required public property monument policies. Page 4 of 5 12. A temporary public trailway easement document for the recreational trail located on Outlet D be created by the applicant and recorded with Washington County at the time of the recording of the final plat. 13. A permanent public trailway easement document for the final recreational trail location on Outlet D must be created by the applicant and recorded with Washington County at the time of the development of Outlet D. 14. Park dedication requirements will be met through a cash payment for the 29 lots, with the total amount based on fees in effect at the time the final plat is approved. The commercial park dedication is required at the time of approval and development. 15. The developer must install an six -foot concrete sidewalk conforming to City standards along Hardwood Avenue and East Point Douglas Road. 16. The developer must install a wood chip recreational trail and eight -foot wide bituminous pathways as determined on the final grading plan in Outlets A, B, and C. The applicant will pay 100 percent of the cost for development of recreation trails on all publicly dedicated land. 17. Tree mitigation is required in accordance with ordinance criteria. 18. There must be a total of four yard trees and ten shrubs on each residential lot. 19. The applicant must hire a city - approved arborist to assist with all facets of tree preservation on the site. The arborist will supervise installation and maintenance of tree preservation fencing and the tree and brush removal process. Mitigative measures to aid in preservation of trees slated to remain will occur based upon the recommendations of the arborist, Should trees designated for preservation be removed, the applicant will replace the trees in accordance with the ordinance criteria. Trees designated for preservation which are found to be harmed, dis- eased, or dying, or are not suited for location into the project may be removed based upon the recommendation of the arborist in agreement with the City and the applicant. Trees removed will be replaced as required by ordinance. The developer must install snow fencing or similar fencing material around all trees or groups of trees that are to be preserved prior to any grading activity on the site. 20. The applicant must submit appropriate engineering information for retaining walls. Any fencing on retaining walls must be decorative and subject to staff review and approval. 21. A stop sign must be installed at any locations deemed appropriate by the city engineer based on the sign installation requirements adopted by the city. 22. The street names identified on the final plat must be consistent with the street names in the existing residential development. Page 5 of 5 v V v vv 23. All monument signs must comply with the City's Sign Ordinance and only be placed on private property. The Homeowners Association is responsible for the maintenance of all signs. 24. The applicant must submit private covenants which details the following: • The homeowners association is responsible for all ownership and maintenance of landscaping improvements, fencing, and outlots as depicted on the final plat. • Monument signs will be maintained by the homeowners association. • Any fencing provided on the site will be constructed of materials that are uniform in design and color. • All signs, mailboxes, and accessory lighting will be uniform in materials and design and be approved as part of the landscape plan. • Protection and infringement management of all publicly owned open space and areas located in the private conservation easement. 25. The developer must advise homebuyers that they are responsible to maintain the boulevard area that abuts their property all the way to the curb of the street. 26. The developer is responsible for street sweeping responsibilities or the costs for the entire designated construction haul route to 70th Street during the development of the subdivision. 27. The final plat will incorporate all comments received from the City's consulting engineer as identified in the final City Council agenda packet. Passed this 20th day of September 2006. G✓atG�`%�� C��zc - cs�✓ �S ndra Shiely, Mayo�� Attest: Caron M. Stransky, City Clerk DEVELOPMENT AGREEMENT EVERWOOD 3 RD ADDITION THIS DEVELOPMENT AGREEMENT ( "Agreement ") is entered into on the 13th day of May, 2011 by and between MIR Developers, LLC, a Minnesota Limited Liability corporation, referred to as 'Developer ", and Aspen Grove LLC, a Minnesota limited liability corporation, and the City of Cottage Grove, a municipal corporation, situated in the County of Washington, State of Minnesota, hereinafter referred to as the "City." RECITALS A. Developer is the fee owner of land described in Exhibit "A" which is to be platted and developed as lots 1 -9 block 1 within a single family residential subdivision in the City bearing the name " Everwood 3` Addition" and may sometimes hereinafter be referred to as the "Subject Property." B. Outlot A which is being created by the final plat is not owned or in control of the Developer and will contain no Public Improvements other than the temporary Right -of -way and Drainage and utility easements that are currently recorded and in existence. C. City has approved the preliminary plat (Resolution No.06 -196) for a 28 lot single - family subdivision with 4 outlots and a final plat named Everwood P Addition, a single - family development on 8.68 acres that is subdivided into 9 single - family lots on 4.07 acres and I outlot sized at 4.61 acres; contingent upon compliance with certain City requirements including, but not Limited to, matters set forth herein. D. City requires that certain public improvements, which are herein referred to as the "Public Improvements" including, but not limited to storm drainage systems, sanitary sewer, water, grading, driveway aprons, street lighting, trails, sidewalks, curb and gutters, and streets, be installed to serve the Subject Property and other properties affected by the development of the Subject Property, all at the expense of the Developer. E. Developer will perform other work and install certain improvements within the Subject Property, which work and improvements typically consist of boulevard sod, drainage swales, erosion control, street cleaning, and trees and the likes thereof and which improvements to the Subject Property shall be -t - referred to herein as "On -Site Improvements ". Public Improvements and On -Site Improvements are collectively referred to as the "Improvements." F. Developer shall develop the Subject Property and install the Improvements in conformance with the plans and specifications once they have been approved by the City. NOW, TFIEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Request for Plat Approval. The Developer has asked the City to approve the final plat for Everwood 3` Addition which includes 9 single- family lots and 1 outlot. The land comprising the developed portion of Everwood 3 rd Addition and that is covered by this document is legally described in Exhibit A. 2. Conditions of Approval. The City hereby approves the Plat on the conditions that: a. The Developer enter into this Agreement; and b. The Developer provide to the City upon execution of this Agreement: An irrevocable letter of credit in the amount of $227,621 for all Public Improvements; and ii. A Developer's cash escrow deposit in the amount of $146,209.60 for required On -Site Improvements and City fees as detailed below and for the necessary security in accordance with the terms of this Agreement; and Gash Payrnents Rates, ` `oI Untts , Street Light Poles & Lumfnaire (City Supple $3,075,00; 2 $6,150.00 Seal- coating Streets $1.00rsq, yard 2400 $2,160.00 Park and Open Space Markers $115.00 8 $920.00 Street Light Utility Charge $58.80 11ot x 2 (years) 9 $1,058.40 Street Light Operation and Maintenance Surcharge $20.A0/lot x 2 (years) 9 $367.20 SantarySewerAreaCharge/Acre $2,729.00 4.07 $11,107.03 Water Area Charge /Acre $3,127 ,00 4,07 $12,726.89 Stormwater Area iCharge (West Draw) /Acre $6,618.00 4,07 $26,935.26 Pond Dedicaflon lot $1,535.71 9 $13,82139 Trails $1,691.47 9 $15,223.23 Park Fees (minus Land Credits) $2,200.00 9 $19,800.00 Ins' etions & testing (City) 10% of est. costs $23,960' 100% $23,96013 .5 Percent cash surety $11,980 100% $11,980.07 Total $146,209:60 2- iii. A minimum one (1) year 100% Warranty Maintenance Bond. Said bond shall run from date of the City Council's final acceptance of all Public Improvements and shall be provided by the contractor performing the Public Improvement work for Developer. At the time of final acceptance of the Public Improvements, if it is determined by the City that the Approved Plans were not adhered to, or that the Public Improvement work was done without City inspections, the Developer agrees to increase the length of the 100% Warranty Maintenance Bond up to a maximum of five (5) years as reasonably determined by the City Engineer. The Warranty period for streets commences after the final placement of the wear course and final acceptance by the City Council; and iv. Proof of public liability and insurance covering personal injury, including death and claims for property damage which may be caused by reason of the operation of the Developer's equipment and laborers, or caused by Developer's completion of the Public Improvements. Limits for bodily injury or death shall not be less than $500,000 for one person and a $1,000,000 for each occurrence; limits for property damage shall not be less than $200,000 for each occurrence. The Developer must keep the insurance in force at all times that construction at the Everwood 3rd Addition development is in progress. The City must be named as an additional insured on the policy and must provide that the insurer must give the City 10 days' written notice prior to cancellation or termination of the insurance policy; and c. The Developer guarantees the recording of the Plat with the County Recorder within six months after City Council approval of the final plat ; and d. The Developer agrees to furnish all labor, materials and equipment per Resolutions No. 06 -196 (Preliminary Plat) and the city resolution approving the final plat for Everwood 3` Addition and perform street and utility repair and adjustment in conformance with the drainage /development plans. A copy of the Approved Plans must be filed with the City engineer prior to commencement of construction of the Improvements. 3. Development Plans and Right to Proceed. The Developer may not construct any Improvements until all the following conditions have been satisfied: a. This Agreement has been filly executed by named parties and filed with the City Clerk. b. The necessary securities, warranties, and escrows as required by this Agreement have been received by the City. c. The Plat has been submitted for recording with the Washington County Recorder's Office, and d. The City Clerk has issued a letter stating that all conditions of this Agreement have been satisfied and that the Developer may proceed. The Developer agrees that the Improvement work shall be done and performed in a workmanlike manner and all materials and labor shall be in strict conformity with the Approved Plans and City ordinances. Any material or labor supplied rejected by the City or City engineer as defective or -3 unsuitable per the Approved Plans shall be removed and replaced with approved material to the reasonable satisfaction or approval of the City or the City engineer at the cost and expense of Developer. The Developer shall submit a written schedule indicating the progress schedule and order of completion of the Improvements. It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the Improvements, the City Council, in its discretion, may extend the date herein for completion and that any bond required shall be continued to cover the Improvement work during this extension of time. It is distinctly understood and agreed that all Improvement work covered by this Agreement shall be done at no expense to the City. The Developer agrees to have all Public Improvements done and filly completed to the reasonable satisfaction and approval of the City Engineer on or before September 1, 2011, except the wear course/final lift of all streets in the subdivision, which must be completed with the public improvements installed with the final phase of the subdivision. 4. The Developer shall not do any work or furnish any materials not covered by the Approved Plans or this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City as provided in the Approved Plans. Any such work or materials which may be done or furnished by the Developer's contractor without such written order first being given shall be at the Developer's own risk, cost and expense and the Developer hereby agrees that without such written order the Developer will make no claim for compensation for work or materials so done or furnished. It is further agreed, anything to the contrary herein notwithstanding, that the City, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractors, material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or cause of any action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvement work and the Improvements and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of action or the costs, disbursements and expenses of defending the same, except for any such claims, demands, damages, actions or causes of action caused by the misconduct or negligence of the City or someone acting on its behalf. 5. Staking, Surveying and Inspections The Developer must provide all staking and surveying for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The Developer is responsible for providing as -built drawings (.dwg & .pdf). The City will provide for construction inspection and testing at the Developer's expense. In addition, the City may, at the Developers expense, have one or more City Inspector(s) and a soil engineer inspect the work on a full or part-time basis. Developer must notify the City engineer at least 48 hours in advance, not including weekend days or holidays, for inspection service or scheduling of tests to be performed. 6. Final Inspection /Acceptance Upon completion of the Improvements, the City engineer and representatives of the Developer's contractor and/or engineer will promptly make a final -4- inspection of the Improvements. Before final payment is made to the contractor by the Developer, the City engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Developer's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the Improvements by the City engineer shall constitute final approval and acceptance by the City without further action on the part of any party hereto. Default by Developer In the event of default by the Developer as to any of the Improvement work to be performed hereunder by the Developer, its successors or assigns, the City is granted the right to declare any stuns provided by this Agreement due and payable in frill, and the City may draw upon any financial guaranty(ies) posted in conformance with this Agreement. In the event the City draws from any financial guaranty(ies) sums that exceed the costs or damages to the City, the City will promptly return such excess amotmts to the Developer. Notwithstanding anything to the contrary contained in this Agreement, if the City determines that the Developer is in default of any of the terms of this Agreement, the City shall promptly notify Developer of the default and /or non- compliance ( "Cure Period "). The City agrees to provide the Developer a reasonable and appropriate amount of time for the Developer to correct any noted defaults, based on the measures that will need to be taken by the Developer to correct the default. In the event Developer fails to correct said non - compliance within the designated Cure Period, the City may take any other remedy or action available to the City under the terms of this Agreement. 8. Denial of Permits Breach of any term of this Agreement by the Developer or failure to comply with City ordinances shall be grounds for denial of building or occupancy pen for buildings within the subdivision until such breach is corrected by the Developer. 9. Attornevs' Fees The Developer will pay the City's reasonable costs and expenses, including reasonable attorneys' fees, in the event a suit or action is brought to enforce the terms of this Agreement. 10. AssiWnment The Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld, conditioned or delayed. 11. Agreement to Run with Land The Developer agrees to record this Agreement among the land records of Washington County, Minnesota simultaneously with recording of the Plat of "Everwood 3` Addition." The provisions of this Agreement shall run with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of their liability for full performance of their obligations and requirements specified in this Agreement unless the City expressly so releases the Developer in writing. 12. Release Upon completion and approval of all Improvements required herein, including completion and acceptance of the Improvements and satisfaction of all of the Developer's obligations under this Agreement, the City agrees to execute an instrument (in form sufficient to -s remove this Agreement as a further encumbrance against the Property) releasing all Property from the terms of this Agreement. 13. Severability The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 14. Consent The Developer represents and warrants that there are no other persons or entities with interests in the Property. 15. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. MJR DEVELOPERS, LLC By Mike J. Rygh Its : Chief Manager CITY OF COTTAGE GROVE: IC Myron Bailey, Mayor C Caron M. Stransky, City Clerk ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA COUNTY OF WASHINGTON )ss. The foregoing instrument was acknowledged before me this day of 2011, by Myron Bailey, Mayor and Caron M. Stransky, City Clerk of the City of Cottage Grove, a Minnesota municipal corporation, on behalf of the corporation. (Notary Seal) Notary Public ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA )ss. -6- COUNTY OF WASHINGTON On this day of , 2011, before me, a notary public within and for said County, personally appeared Mike J. Rygh, Chief Manager of MJR Developers, LLC, a Minnesota Limited Liability corporation, on behalf of said corporation, did say that he is respectively the Chief Manager of MIR Developers, LLC, and he did acknowledge and execute said instrument to be his free act and deed on behalf of said Corporation. Notary Public (Notary Seal) THIS DOCUMENT DRAFTED BY: Community Development Department 5 -12 -11 City of Cottage Grove 7516 — 80 Street South Cottage Grove, MN 55016 re EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY Parcel 1 That part of Outlot E, Everwood, according to the record plat thereof, lying northwesterly of the following described line: Commencing at the northeast corner of said Outlot E,; thence South 40 degrees 00 minutes 00 seconds East, assumed bearing, along the east line of said Outlot E 288.21 feet thence South 16 degrees 15 minutes 00 seconds East, along said east line 234.59 feet to the point of beginning of said line to be described; thence South 65 degrees 00 minutes 00 seconds West 174.31 feet; thence South23 degrees 12 minutes 23 seconds West 75.33 feet; thence South 56 degrees 15 minutes 00 seconds West 155.49 feet to the west line of said Outlot E and there terminating; and 8-