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Home My WebLink About2013-03-06 PACKET 04.M.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 3/6/13 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # � • Jennifer Levitt STAFF AUTHOR *************************************,�********** COUNCIL ACTION REQUEST Consider approving the final plat for Mississippi Dunes Estates Fourth Addition and authorizing the preparation of a development agreement. STAFF RECOMMENDATION Adopt the resolution approving the final plat for Mississippi Dunes Estates Fourth Addition and authorize the preparation of a development agreement. BUDGET IMPLICATION: $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLANNING PUBLIC SAFETY PUBLIC WORKS PARKS AND RECREATION HUMAN SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY UPPORTING DOCUMENTS: DATE APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 2/22/13 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Final Plat; Declaration of Covenants ADMINISTRATOR'S COMMENTS , - I 1 City Administrator Date *****�***********************�*************�**** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE � MINNESOTA TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: February 22, 2013 RE: Mississippi Dunes Estates Fourth Addition — Final Plat Application Introduction Meridian Land Company, LLC has filed a final plat application to develop phase four of the Mississippi Dunes Estates neighborhood. This project consists of 29 lots for detached single- family homes. The subdivision name for this project is Mississippi Dunes Estates Fourth Addi- tion. This project is located west of Dunes Avenue and north of 98th Street. A location map is shown below and a copy of the Mississippi Dunes Estates Fourth Addition plat is attached. Discussion The Mississippi Dunes Estates Fourth Addition is consistent with the preliminary plat and site plan the City Council approved in March 2003. The plat was distributed to other City depart- ments and utility companies for review and comment. The only change recommended is the street name from Dunes Way South to Dunes Lane South. The recommended street name is consistent with the City Council approval that named the northern segment of this street as Honorable Mayor, City Council, and Ryan Schroeder Mississippi Dunes Estates Fourth Addition — Final Plat Approval February 22, 2013 Page 2 of 2 Dunes Lane South. This action by the City Council was completed on January 20, 2010. No other changes to the plat were recommended. City utilities and streets exist at the north and south ends of this plat. This proposed project will require the construction of utilities and street between those two points. The developer pro- poses to construct all the public improvements and the City will prepare the construction plans and specifications. The draft resolution approving the final plat also authorizes City staff to prepare a development agreement. The resolution includes conditions that require the homeowners association's declaration of covenants to be the same provisions as provided in the Mississippi Dunes Estates Addition, Mississippi Dunes Estates Second Addition, and Mississippi Dunes Estates Third Addition. The purpose of this is to ensure the development standards and private cove- nants imposed on the preceding phase of this same neighborhood are also applied to this phase. City Council approval of the development agreement is tentatively scheduled for March 20, 2013. Recommendation Adopt the resolution approving the final plat of Mississippi Dunes Estates Fourth Addition, and authorize the preparation of a development agreement. MISSISSIPPI DUNES ESTATES FOURTH ADDITION KNOW ALL BY THESE PRESENTS: Ilia[ Jovap� J. 2ywlec ontl OeCO�ah A Zyxiec. �u�CanC anC wlfc, ownc�v o( !no following tloscrlbaE pro0er[y slWa[aG In tnn Counfy of wavhinqmn, Stata af Minnavoto to wlt Outbt A, MISSISSPPI pUNES ESTAiES AOOIPON, occording ta [�e rerortletl plvt Nereo�. Washington Caunty. Minneaota. ToBathar wi[M1: OuUOt 0, MISSISSIPPI �UNES ESTAIES, ocro�Cing to No recor0e0 plat [hereol, Wov�inB�on County. Minnnvoto. Excaph lhot port t� raat INng wlt�in LoM 1. 2, 3, 4, 5, 6, ] ontl 9, Block 2 MISSISSPPI DIINES ESTAIES 1HIR0 AOOIiION, acrorEing to tho rocorEotl plat tnareof.�saiC Washinqton CountY. Antl elae v capt: iM1at port tharuo/ lying within Mivaivoiopi eo�iaw�e oo aornooioe ane eac;catod on vaitl MISSiSSPPI OUNES ESTAtES THIRO AO�ITION. no�o <o�oad �no �omo co ea o�.�oy�a a�a oiaecoa ao Mississwai ouHes esrn�s Fouani nooinorv o�a ao no�ony donom a�a aam�am m ma P��ro ro� public uae forever IFe public woy, oa ahown on t�ia plat, anC alao detlicatva tM1e eoaamanta craotaE by Miv plot /ar drainoqv and ulil�ty purpoaaa anly. In witnovv wha�nof ooi0 Jo3apM1 J. Zywlac onE Ovbo�oh A. Zy�viac, �uabonE onC wlfo, �ow Fmuunto vv[ [�oir honEV t�io _ Ooy o( 20� Joseph J. Zywivc Oebwah A. Zywiec StAIE OF MINNESOTA COUNtt OF Thie InvVUmant was ecknowlaagaE �oforu me lM1le _ Eay of 20� �y Jopop� J. 2y.vivc anE �obora� A Zyxlac. Notory Publie, County, Minneeotc My Commioaion EwOirav SURVEYOR�S CERTFlCAIE i no.aey �o.niy �na� i na�a s�rvoyoa ana pianm mo proporti eannieee an t�iv plat ae MISSISSIPPI OUNES EStAlES FOVRiH ADOiTON: tM1at tM1lv plot iv ni Ra e.aaro=aneauon or tn, eo��ae�y ��wy mae aii mo n�matl�ai aaca ond iaeai� a «uy ee��e�a�ea o� cne pmr, cnac au m anta tlapic[vE o na oia� na�o coo� o wni oo c ocuy ooc a �ne��acoa an eno piar, maa an waror oo�naar�oo c�a w o ionm a� aornm ;n MS SOS.O1� J, xmunq e. or tno acio or mm cernrca�mn ara unown ane iaemae o� ma piap ana cnac mi p�en� woy5 ara :nawn ma ionoioa on ma piae. Petar J. Nawkinaon, Lantl Survapr Minnovoto Llconea Numba� 422H9 STAIE OF MINNESOTA COVNT! OF Tha foragoing Survnyo�n Cnrliflcoto woo atknowbEgaE bofo�a ma [hiv _ Eoy o( 20� �y Fotar J. Hcwkinvon, LonE Survap�. Notary Puelic. CaunfY. Minnunofa My Commiavion Evpirae COTTACE dtOVE, MINNESOTA AppravaE by t�a Planning Commia�lon ol Ihv City of Coctage Crovu, Minnavo[q [hiv _ tloy o! 20� Si9naE: Si9nnE: Chair Sncratary ihia plot wos vppravvtl Ey lhe City Council af Me City o( Cattagv Craw, M�nnevota. t�io _ tley ot 20� onE M1araby cmtiliaa comD�iance with oll rvqulrcmentv os aot fort� In Minnvaota 5[oWte�. 505.03, Subtl. 2. Slgnoa: Signve: Maynr Clark couNn suavavoa Pursuanf to Minne�oto C�aptar 820, Law� of Minnevoto. 1971, this pla[ M1a� Eeen approvetl thi� _ Coy of 2�� By. By. Washington County Surveyor pssistant Caunty Surveyor COUNTI' AVOITOR/iREASURER Thare are no tlelinQUent toxas. t�a currvn[ taxea Euc are payoble for thv �ear 200_ hava bavn paitl vntl Ironsfer hm bvan enteratl t�is _ doy ol 20� By. By Wavhington County auEitor/iroas�rer poputy COUNiY RECOR�ER Documont Numear I �oroby tv�tify Iho[ t�ie Invtrumant w caraoa i� [ho affca ot thv County Roro�tlor for roro�tl on [M1io _ Eoy o1 20� at o'clock _.M., ontl wav Euly racortlad in Wav�inqton County rocarEa. By. By. _ Washington Caunty Reeortler Oaputy PI�NEER�,�;�� SHEET 1 OF 3 SHEEi MISSISSIPPI DUNES ESTATES FOURTH ADDITION , �-=`-:-o_ .. _��-------�!� .o �� , � o, �� no � ,a..a � m � PS,.a �� ,,. �-=x-------- o .—=� �-----�----- ro�M�P �,. wµ�� z,. = � �� s � N00°38'45"W 876.52 L~ � r '%��` � � , i a�aa ioi.n as.00 e;.00 on.00 o..00 as.00 os.00 iu.o. 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ANO L__— __� — __ — __ � 10 FEET IN WIDTI AND ADJOININC RICHT OF WAY ORIENTA110N OF MIS BEARINC SYSiEM IS 9ASE0 AN� IiEAR LOT L1NE5 IINLE55 01HERWISE ON iHE WEST LINE OF OUiLOi D, MISSISSIPPI SCACE M PEET SHOWN ON ThIIS PIAT. DUNES ESip1E5. WHICH IS ASSUMEO TO HAVE A BEAPINC OF 518']Y59'E SEC770N 19, TWP. 27, RCE 21 LOCATION MAP PI'�.NEEReregznee,z,�g SHEET 2 OF ,] SHEETS MISSISSIPPI DUNES ESTATES FOURTH ADDITION yk�� S> 6 � 64q+ - ! O h- O C] <� C] F- �viiSJi �:iP= Lvvi.��v � � 15 ,4, L 555 � -..�t�� 79.73 S O OENOTES 1/2 INqI BV 14 INCH IRON P�PE MONtIMENi SET ANp MARNE� BY LICENSE N0, 4T299 WHiCH HAS BEEN SET OR WILL BE SET IN ACCOR�ANCE WIThI MS 503.021, SUB�. 10 • pENOiES t/2 INCH BY 14 INCH IRON PIPE MONUMENT FOtIND AND MARKE� N1M LICENSE N0. 2299 ORIENiAlION OF THIS BEARINC SYSiEM IS BASEO ON iHE WE51 4NE OF OU1LOi D, MISSISSIPPI DUNES E51A1E5, WHICH IS ASSUMEO TO HAVE A BEARING OF 518'3]'S9"E r------i � I I ✓, I I � I� i-----I ��+.�. w r fsiT ° l M1 r� � � I'��.� ".Y,� �� -(---J-M °w'?'__ � SECTION 19, TWP. 27, RCE. 21 LOCATION MAP PI�NEER�� I � MISSISSIPPI DUNES ESTATES FOURTH ADDITION JTLOT A AREA SUMMARY BLOCK 1 = 1.0959 ACRES B�OCK 2 = 3.4000 ACRES BLOCK 3 = 1.1065 ACRES BLOCK 4 = 2.4526 ACRES TOTAL LOT AREA = 8.0550 ACRES TOTAL OUTLOT AREA = 28.2682 ACRES TOTAL RIGHT—OF—WAY AREA = 2,1570 ACRES TOTAL AREA = 38.4802 ACRES o� SCALE iN FEEf PI�NEER�;��,-�� RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE FINAL PLAT NAMED MISSISSIPPI DUNES ESTATES FOURTH ADDITION WHEREAS, Meridian Land Company, LLC has applied for final plat approval of a resi- dential subdivision named "Mississippi Dunes Estates Fourth Addition." This plat consists of 29 lots for single-family homes and two outlots, all of which are located on property legally described as: Outlot A, MISSISSIPPI DUNES ESTATES ADDITION, according to the recorded plat thereof, Washington County, Minnesota. Together with: Outlot D, MISSISSIPPI DUNES ESTATES, according to the recorded plat thereof, Washington County, Minnesota. Except: That part thereof lying within Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 2 MISSISSIPPI DUNES ESTATES THIRD ADDITION, according to the recorded plat thereof, said Washington County. And also except: That part there of lying within Mississippi Boulevard as delineated and dedicated on said MISSISSIPPI DUNES ESTATES THIRD ADDITION. WHEREAS, the Planning Commission held public hearings on September 23, 2002, December 23, 2002, and February 24, 2003, to review the comprehensive plan amendment, rezoning, and preliminary plat applications filed by Cheetah Properties, LLC. The Planning Commission unanimously recommended approval of these applications, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendation and approved Cheetah Properties, LLC's comprehensive plan amendment (Res. No. 03-045), rezoning (Ord. No. 728), and the Mississippi Dunes Estates preliminary plat (Res. No. 03-046) on March 5, 2003; and WHEREAS, the City Council approved the final plat for Mississippi Dunes Estates on April 16, 2003 (Res. No. 03-092); and WHEREAS, the City Council approved the final plat for Mississippi Dunes Estates Second Addition on April 6, 2005 (Res. No. 05-043). Resolution No. 2013-XXX Page 2 of 11 WHEREAS, the City Council approved the final plat for Mississippi Dunes Estates Third Addition on June 3, 2009 (Res. No. 09-087). WHEREAS, the proposed final plat for Mississippi Dunes Estates Fourth Addition is consistent with the preliminary plat layout as approved by the Cottage Grove City Council on March 5, 2003. 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 Meridian Land Company, LLC for development of a residential subdivision named "Mississippi Dunes Estates Fourth Addition," subject to the following conditions: 1. The developer must abide by the 28 conditions stipulated in Resolution No. 03-046 approving the preliminary plat for Mississippi Dunes Estates. 2. The developer must enter into an agreement with the City of Cottage Grove for the completion of the public improvements required by city ordinances. Once the development agreement is completely executed and all cash deposits and pay- ments are paid to the City, the City will release the final plat to the developer for recording at the Washington County Recorder's Office. 3. The City Engineer is authorized to prepare a feasibility report for the construction of all public improvements within Mississippi Dunes Estates Fourth Addition. 4. All emergency overflow swales must be identified on the grading and erosion control plan. 5. All public right-of-ways and easements must be dedicated to the City for public purposes. 6. The developer must disclose to homebuyers the land uses of the surrounding vacant property. 7. The final plat must be recorded with the Washington County Recorder's Office prior to the City issuing any building permits within the Mississippi Dunes Fourth Addition. 8. The subdivider must furnish the City with a reproducible copy and four (4) prints of the recorded plat. 9. Upon completing site grading, four copies of an "As-Built" survey for the site grade elevations must be submitted to the City. 10. The subdivider must provide appropriate trail easements to the City after the City and the developer agree on specific locations. Resolution No. 2013-XXX Page 3 of 11 11. The street name "Dunes Way South" must be changed to "Dunes Lane South" on the final plat. 12. Any recommendations made by City Departments, Independent School District 833, Washington County, or private utility companies must be approved by the City Engineer and shown on the final plat. 13. The homeowners association's declaration of covenants must provide the following: a. The homeowners association is responsible for all ownership and mainten- ance of landscaping improvements, fencing, and outlots. b. Monument signs must be maintained by the homeowners association. c. No barrier or planting should encroach upon or over any public walkway. d. The developer must advise homebuyers that they are responsible to maintain the street boulevard that abuts their property all the way to the street curb. e. The homeowners association or the landowners of Lot 4, Block 1 and Lot 1, Block 2 must maintain the turF grass on that portion of Outlot A in Mississippi Dunes Estate Fourth Addition from the curb of Dunes Lane South to the easterly end of Outlot A. Maintenance of this area on Outlot A is primarily the mowing of the turf that is generally the same turF inaintenance schedule that occurs on each lot abutting Outlot A. Each abutting landowner is responsible for placing sod between the asphalt trail and their respective side property line that abuts Outlot A. f. The homeowners association or the landowners of Lot 4, Block 3 and Lot 1, Block 4 must maintain the turf grass on that portion of Outlot B in Mississippi Dunes Estate Fourth Addition from the curb of Dunes Lane South to the westerly end of Outlot B. Maintenance of this area on Outlot B is primarily the mowing of the turf that is generally the same turF inaintenance schedule that occurs on each lot abutting Outlot B. Each abutting landowner is responsible in placing sod between the asphalt trail and their respective side property line that abuts Outlot B. g. If fencing is installed along any lot, it must be constructed of the same design, materials, and color as required in the Homeowners Association's Declaration of Covenants for the Mississippi Dunes Estates, Mississippi Dunes Estates Second, and Mississippi Dunes Estates Third Additions. h. Turf management in and around the stormwater basin west of Blocks 3 and 4 of Mississippi Dunes Estates Fourth Addition will be performed by the City about twice per year. Weed control might be once per year and will not be fertilized. Debris will generally be removed. Trees will be regularly trimmed Resolution No. 2013-XXX Page 4 of 11 and monitored. Tree saplings will be removed by Public Works. The City will periodically inspect the basin to assure proper flow of the stormwater system. Inspections may result in structure maintenance/reconstruction (inlets, out- lets, skimmers, etc.), sediment removal, basin shaping, and storm pipe cleaning. All disturbed areas will be restored with similar materials. A natural buffer within 15 feet of a normal water level will be preserved. If the home- owners association desires a more regular maintenance of the ground cover or that it be irrigated, the homeowners association shall prepare a mainten- ance plan and submit it to Cottage Grove Public Works for review and approval. 14. The developer and builders must comply with all city ordinances and policies. 15. The Developer shall be financially responsible for 100 percent of all public im- provements. The City Engineer will prepare the construction plans and release the plans to the developer after the development agreement is fully executed and the City has received all the escrows and payments. 16. 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. 17. 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. 18. The developer is responsible for the cost and installation of seven public land boundary markers at the corners of private properties abutting the future storm- water basin located west of Blocks 3 and 4. The boundary markers are $115 per marker (totaling $805.00) and are to be picked up at the Cottage Grove Public Works facility. The boundary markers must be installed before a building permit is issued for the lot that abuts the recommended marker location. 19. The developer shall prepare a warranty deed to convey fee ownership of Outlots A and B to the City of Cottage Grove and record the deed once the City has in- spected the improvements proposed on each Outlot. Once the City has accepted the improvements and the developer has removed all the silt fence and erosion control devices, and ground vegetation has matured within these Outlots and is accepted by the City, the developer shall prepare a record plan for each Outlot. A copy of the recorded plan must be submitted to the City. The warranty deed for both Outlots shall be recorded at Washington County Recorder's office once the Outlots are accepted by the City. 20. The final plat and declaration of private covenants must be recorded with the Washington County Recorder's Office before any building permit can be issued. Resolution No. 2013-XXX Page 5 of 11 21. Payment of park dedication fees in the amount of $92,800.00 is due and payable at the time the development agreement is executed. 22. Irrigation systems installed within City right-of-way are solely the developers, homeowners association or individual homeowner's responsibility and risk. The City is not responsible or liable for any damage or costs related to installation, damage, or replacement of lawn irrigation systems placed in the boulevard as a result of City use of or future changes in the right of way. 23. �z! No private driveway should have a slope greater than 10 percent. Fences, play equipment, swing sets, sand boxes, firewood, kennels, and/or any other materials or obstacles are prohibited from being placed in Outlots A or B. 25. Ground elevations at the foundation of all structures shall be a minimum of two feet above the emergency overflow elevation and/or high water elevation of any stormwater basin. 26 27 All emergency overflow swales must be identified on control plan. Each fall while home building is occurring, vations shall be surveyed to ensure the emergency graded and maintained. the grading and erosion emergency overFlow ele- overflows are properly A street lighting plan must be submitted by the developer and approved by the City Engineer prior to approval of a final plat. 28. A letter of credit amounting to 150 percent of the landscaping estimate, street sweeping, paving and curbing, and irrigation systems should be submitted to and approved by the City. Upon completion of the landscaping improvements, the owner shall, in writing, inform the City that said improvements have been com- pleted. The City shall retain the financial guarantee covering the landscape improvements for a period of one year from the date of notice, to ensure survival of the plants. No building permit shall be issued until the required financial guar- antee has been received and accepted by the City. 29. The dimensions of each lot must be verified on the final plat and a list containing the square footage for each lot must be provided to the City. 30. Upon completing site grading, four copies of an "As-Built" survey for the site grade elevations must be submitted to the City. An electronic file of the "As-built" survey must be submitted to the City Engineer. 31. The City's curb and sidewalk replacement policy must be complied with during home building. A bituminous wedge shall be maintained on the street until 90 percent of the homes are constructed. Resolution No. 2013-XXX Page 6 of 11 32. 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. 33. 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. 34. 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). 35. 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. 36. The developer shall contact the electric, telephone, gas, and cable companies that are authorized to provide service to the property for the purpose of ascer- taining 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. 37. The 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 com- pleted. Warning signs shall be placed when hazards develop in streets to pre- vent 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 barri- caded 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. The 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 obligations imposed upon developer by this paragraph. 38. The developer will provide to the City copies of bids, change orders, test results, suppliers, subcontractors, etc., relating to the work to be perFormed by the developer. 39. 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 described in the development agreement. 40. 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 Resolution No. 2013-XXX Page 7 of 11 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. 41. Developer is responsible to require each builder within the development to pro- vide 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 construc- tion of the home, but a paved driveway must be completed before the City will issue a certificate of occupancy for that property. See City Standard Plate ERO-7 for construction requirements. The water service line and shut-off valve shall not be located in the driveway. 42. Developer will be required to conduct all major activities to construct the public improvements during the following hours of operation: Monday through Friday 7:00 A.M. to 7:00 P.M. Saturday 8:00 A.M. to 5:00 P.M. Sunday Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, 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. 43. 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. 44. The developer grants the City, its agents, employees, officers, and contractors permission to enter the site to perForm all necessary work and/or inspections during grading and the installation of public improvements by the developer. 45. 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. 46. The City will not have any responsibility with respect to any street or other public improvements unless the street or other public improvements have been formally accepted by the City. Upon completion of the improvements, the developer may request, in writing, their acceptance by the City. This request must be accom- panied 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 Resolution No. 2013-XXX Page 8 of 11 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 satisfactory completion of all construction in accordance with the approved plans, profiles, and specifications, as certified by a registered engineer in the State of Minnesota, 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 improvements and schedule the request for acceptance for review by the City Council. 47. 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 pro- vide as-builts, the City will produce them at the developer's expense. 48. The developer is responsible for completing the final grade on all lots and en- suring 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. 49. No building permit will be issued until such time as adequate public utilities, including 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. 50. 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. 51. Adequate portable toilets must be on-site at all times during construction of utili- ties, 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. 52. 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 addi- tional erosion control requirements if it is determined that the methods imple- mented are insufficient to properly control erosion. 53. All areas disturbed by the excavation and back-filling operations shall be ferti- lized, 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 Resolution No. 2013-XXX Page 9 of 11 control plan and schedule, or supplementary instructions received from the City, or in an emergency 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 developer 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 reimburse 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. 54. 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. 55. Burying construction debris, trees, shrubs, and other vegetation is prohibited on the site. 56. 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. 57. During construction, streets must be passable at all times, free of debris, mate- rials, soils, and other obstructions. 58. The developer shall comply with the 1991 Wetlands Conservation Act, as amended. 59. All the lots platted in Mississippi Dunes Estates Fourth Addition shall be part of the same homeowners association. 60. The City agrees to sealcoat the streets in the subdivision no later than two years after 26 houses within the subdivision have been constructed. 61. It is the developer's responsibility to keep active and up to date the developer's contract 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. 62. The developer must furnish an irrevocable letter of credit for all on-site improve- ments to ensure that the developer will construct or install and pay for the following: • Pave streets • Concrete curb and gutter • Street lights • Mailboxes • Water system (trunk and lateral) and water house service stubs Resolution No. 2013-XXX Page 10 of 11 • Sanitary sewer system (trunk and lateral) and sanitary house service stubs • Storm sewer system • Street and traffic control signs/signals • Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer • Adjust and repair new and existing utilities • Trails • Erosion control, site grading and ponding • Surveying and staking • Park and storm water basin boundary markers These improvements are all in conformance with City approved plans and speci- fications and will be installed at the sole expense of the developer in confor- mance with Title 10, Chapter 5 of the City Code; or if in lieu of the developer making said improvements the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of 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 extended 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 re- quired public improvements are not completed, or terms of the Development Agreement are not satisfied, 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. The amount of this irrevocable letter of credit will be included in the development agreement. 63. A Developer's cash escrow must be 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. The amount of this cash escrow will be included in the development agreement. 64. An engineering cash escrow must be posted with the City's Finance Director in a non-interest bearing account to cover costs of City services, expenses, and ma- terials provided in reviewing and processing of the final plat, including but not limited to staff time, legal expenses, office and field inspections, general inspec- tions, and all other city staff services perFormed. The amount of this cash escrow will be included in the development agreement. Resolution No. 2013-XXX Page 11 of 11 65. The developer is responsible for establishing the final grades, topsoil, and seed- ing of all the residential lots and boulevards within Mississippi Dunes Estates Fourth Addition. The developer and/or builder is responsible for planting the one boulevard tree per lot and a second boulevard tree on the corner side lot for corner lots. The City Forester will mark the location where the boulevard tree must be planted and approve the tree species to be planted. 66. The developer is responsible for the cost and construction of an eight-foot wide asphalt trail to be centered within Outlots A and B. Passed this 6th day of March, 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS MISSISSIPPI DUNES ESTATES FOURTH ADDITION KNOW ALL MEN BY THESE PRESENTS, that Meridian Land Holdings, a limited liability company under the laws of the State of Delaware, does hereby declare and establish and impose upon the premises situated in the City of Cottage Grove, County of Washington, State of Minnesota, and described as set forth in Exhibit A, that the following protective Covenants, Restrictions and Reservations which are for the benefit of the afore-described premises and every residential lot therein, and shall inure to and operate as equitable Covenants, Restrictions and Reservations passing with the conveyance of every lot, and are imposed upon said premises as a servitude in favor of said premises and each lot therein: WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Exhibit A of this Declaration (collectively the "Property", and each lot thereof a"LoY'); and WHEREAS, Declarant desires to provide for the preservation of the values and amenities of the community and to this end desires to subject the Property to the restrictions, covenants and conditions set forth in this Declaration, each and all of which is and are for the benefit of the Property and each owner of a Lot thereof; and WHEREAS, Declarant has deemed it desirable for the efficient preservation of the values and amenities in the community to create an architectural control committee to which should be delegated and assigned the power of administering and enforcing the covenants and restrictions contained in this Declaration; NOW, THEREFORE, Declarant declares that the real property described in Exhibit A hereof is and shall be, held, transferred, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions"), which covenants and restrictions shall run with the real property and be binding on all parties having any right, title or interest in the hereinafter- described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereo£ ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION Section 1. Propertv Subject To This Declaration. The real estate subject to this Declaration is located in the City of Cottage Grove, Washington County, Minnesota and described in Exhibit A attached hereto, all of which propei�ty shall hereinafter be referred to as the "Property". DOCS-#3841116-V2 ARTICLE II ARCHITECTURAL CONTROL PROCEDURES Section 1. Architectural Control The Architectural Control Committee hereinafter referred to as ACC, is composed of the following two persons who are hereby appointed by the Declarant: Christian Wold and Rick Murray. In the event of the death or resignation of either member of the Architectural Control Committee, the Declarant shall designate a member or members of the Architectural Control Committee. The Declarant may in future designate another entity which is involved or associated with the Property to designate future membeis of the Architectural Control Committee. At such time as the original construction is completed on all of the Lots in the subdivision and the Lots have been sold to owners other than Declarant or entities affiliated with Declarant, the persons appointed to the Architectural Control Committee by the Declarant shall resign, and the Lot owners shall convene a meeting for the purpose of electing three persons to serve as the Architectural Control Committee until their respective successors have been elected at a subsequent annual meeting of the Lot owners held for this purpose. Section 2. Original Construction. The plans and specifications for the construction of a single family residence on any Lot shall be submitted to the ACC for its written approval before any construction activity is begun. Section 3. Review of Modifications. After the coinpletion of an original residence on a Lot, the construction or modification of any building or structure, including all fences or retaining walls, shall require prior written approval by the ACC of the plans and specifications for such construction or modification, in accordance with the standards set forth in Section 4 hereof. Section 4. Standard of Review. The ACC may promulgate detailed standards and procedures governing its areas of responsibilities and practice. In addition, the following shall apply: design and harmony of external design with existing structures, topography, and finish grade elevation. No permission or approval shall be required to repaint a structure, providing that such repainting is in accordance with the originally approved plans and specifications for that structure. Nothing contained herein shall be construed to limit the right of an owner to remodel the interior of his or her residence or to paint the interior of his or her residence any color desired. Section 5. Procedure. If the ACC fails to approve or disapprove plans and speci�ications within thirty (30) days after the submission of a full set of such plans and specifications to it, ACC approval will be deemed to have been granted. In the event of disapproval by the ACC, the requesting owner may give written notice that the owner wishes to appeal the ACC decision and request a hearing before the ACC. Such notice must be furnished to the ACC within ten (10) days of its decision. The hearing shall be at a special meeting of the Board of Directors to be held within thirty (30) days of the receipt of the owner's notice of appeal. � DOCS-#3841116-V2 Section 6. Removal and Abatement. The ACC or the Association shall have the right to order a Lot owner to remove or alter any structure on any Lot erected in violation of the terms of this Declaration, and to employ an appropriate judicial proceedings to compel the alteration or demolition of any nonconforming construction or other violation. Section 7. Variances. Reasonable variances to the covenants and restrictions may be granted by the ACC after review, in order to overcome practical difficulties or to prevent unnecessary hardship. A variance may only be granted or it is not detrimental to Lots within the Property and shall not defeat the purpose of this Declaration. ARTICLE III Section 1. Lot Usa�e. No Lot shall be used except for family residential purposes. No building or structure shall be permitted to remain on any Lot except a family residence with an attached garage design to accommodate a minimum of two (2) cars. The exterior construction of any building must be completed within twelve (12) months of the beginning of its construction unless otherwise permitted by the ACC. Section 2. Dwellin Sg izes. No dwelling shall be permitted on any Lot with a ground floor area of the main structure, exclusive of open porches and garages, which has less than 1,400 square feet for a one-story dwelling, or which has less than 1,000 square feet for a two- story dwelling, (however, a two-story dwelling shall not be less than 2,200 finished square feet on the upper two levels), or which has less than 1,400 square feet for a modified two-story dwelling (said modified two-story must have finished area on the upper two floors of 2,200 square feet) or 1,400 square feet for a four-level split. A one-story residence having a basement that opens out on the ground level at the side or rear of the Lot shall be considered as being a one-story dwelling for purposes of this section. ARTICLE IV PROHIBITED USES Section 1. Nuisances. No noxious or offensive activities shall be carried on upon any Lot. Section 2. Pets and Livestoclt. Dog runs or similar animal cages are permitted only when adequately screened froln view. No animals, livestock or poultry shall be raised on any Lot, except household pets, so long as they are not kept or bred for commercial purposes. Section 3. Garba�e and Rubbish. No Lot may be used as a dumping ground for rubbish or trash and all trash or rubbish shall be kept in sanitary containers. Section 4. Si� s. No signs may be displayed to public view on any Lot except signs of not more than seven (7) square feet advei�tising the property for sale or rent, or any signs placed by the Declarant to advertise the property during the sale of Lots,. Entrance monuments are exempt from this section. Section 5. Storage of Vehicles and Equipment. No commercial vehicles, recreational vehicles, trucics of one (1) ton capacity or larger, campers, buses converted to campers or other 3 DOCS-#3841116-V2 light vehicles shall be parlced, stored or left on any Lot for more than five (5) consecutive hours in one day, except within the house, garage or screened area. This prohibition shall not prohibit the parking of contractors' trucks and equipment used during the construction of improvements to any Lot or during the actual repair of the property. No motor vehicle which is not licensed and operable shall be parked or stored on any Lot for more than forty-eight (48) hours. No snowmobiles, boats, trailers, construction equipment, building materials or supplies, ice houses, pick-up campers or other extraneous and unsightly objects shall be stored on any Lot, except that construction equipment and building materials and supplies may be stored in a neat and orderly manner upon a Lot during the actual construction of improvements upon such Lot. Section 6. Television Receivin� Dishes. Private Broadcast/Reception Equipment. Except as otherwise permitted or restricted by statutes, rules, regulations and requirements of governmental authorities having jurisdiction, no television or communications satellite receiving equipment of any type may be installed on the exterior of any Lot unless any such equipment is complies with the following restrictions: (i) one antenna 24" or less in diameter may be installed to receive direct broadcast/satellite service or video programming services; or (ii) one antenna may be installed to receive television broadcast signals. An antennae shall be no more than ten (10) feet above the highest roof line in the Property, and must be installed so as to minimize its visibility from the street side(s) of the dwelling and to otherwise camouflage its appearance, unless such requirements: (a) unreasonably delay installation; (b) unreasonably increase the cost of installation, maintenance or use of the antenna; or (c) preclude reception of an acceptable quality signaL No exterior citizen band or amateur radio antennas or exterior public broadcast television antennas may be installed without prior ACC approval. No receiving equipment falling outside of the restrictions listed above shall be permitted to be installed on any Lot without prior ACC approval and without appropriate screening from view. Section 7. In-Home Business. No businesses can be established in family residences located on the Lots that cause traffic congestion, car parking congestion or similar nuisances. Section 8. Tree Removal. Live tree removal is not permitted except when done in connection with the completion of landscaping that has been approved by the ACC. Section 9. Buildin�, Fence, Structures, Additions. No building, fence or structure of any lcind shall be placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping have been approved by the ACC as to quality of workmanship, harmony of external design and proposed location. Section 10. No Temporai;v Structure. No structure of a temporary character, including but not limited to a trailer, basement, tent, shacic, garage, barn or other building shall be used on any Lot at any time as a residence, either temporarily or permanently. Section 11. Tanks. No tanlcs for the storage of fuel shall be maintained on any Lot with the exception of small propane tanlcs used in connection with outdoor gas grills. 4 DOCS-#3841116-V2 ARTICLE V GENERAL PROVISIONS Section 1. Duration of Declaration of Covenants, Restriction and Easements. The Covenants, Restrictions and Easements of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the owner of any Lot subject to this Declaration, or their respective legal representatives, heirs, successors and assigns. The Covenants and Restrictions herein set forth shall have a term of thirty (30) years fi•om the date this Declaration is recorded, after which time said Covenants and Restrictions shall be automatically renewed for successive periods of ten (10) years. The Covenants and Restrictions of this Declaration may be amended during the first thirty (30) year period by an instrument signed by not less than seventy-five percent (75%) of the owners and thereafter by an instrument signed by not less than a majority of the owneis. Any amendment must be properly recorded. Section 2. Enforcement. If there shall be a violation or an attempt to violate any of the foregoing Covenants or Restrictions, it shall be lawful for any other person or persons owning any Lot within the Property to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such Covenants or Restrictions, either to prevent him or them from so doing or to recover damages for such violations. Section 3. Severabilitv. Invalidation of any of the foregoing Covenants or Restrictions by Judgment or Court Order shall in no way affect any other provisions hereof, which shall remain in full force and effect. IN TESTIMONY WHEREOF, the said Declarant has caused these presents to be executed in its corporate name by its on this day of MERIDIAN LAND HOLDINGS, LLC STATE OF MINNESOTA ) ) ss. COUNTY OF ) IC Its The foregoing instrument was acicnowledged before me this _ day of , 2013, by the of _ � Witness my hand and seal. My commission expires: Notary Public DOCS-#3841116-V2 EXHIBIT A �insert platted legal descriptionJ DOCS-#3841116-V2