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Home My WebLink About2013-11-20 PACKET 04.M.REQUEST OF CITY COUNCI� ACTION COUNCIL AGENDA MEETING ITEM # DATE 11 /20/13 ' . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR **********************************�*****�******* COUNCIL ACTION REQUEST: Consider adopting a resolution approving the final plat to be known as Everwood 4 Addition. 2. Consider adopting a resolution approving the final feasibility report dated 10/09/2013, and the plans and specifications for Everwood 4 Addition as completed by Stantec. 3. Consider adopting a resolution approving the Development Agreement with MJR Developers, LLC and Aspen Grove, LLC, for the development of the Everwood fourth Addition. STAFF RECOMMENDATION 1. Adopt a resolution approving the final plat to be known as Everwood 4 Addition. 2. Adopt a resolution approving the final feasibility report dated 10/09/2013, and the plans and specifications 2013 for Everwood 4 Addition as completed by Stantec. 3. Adopt the resolution approving the Development Agreement with MJR Developers, LLC and Aspen Grove, LLC, for the development of the Everwood fourth Addition. ADVISORY COMMISSION ACTION ❑ PLANNING SUPPORTING DOCUMENTS: DATE REVIEWED APPROVED DENIED N/A ❑ ❑ � � MEMO/LETTER: Memo from John M. Burbank dated 11/15/13 � RESOLUTION: Draft — Final Plat approval Draft — Development agreement ❑ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: �OTHER: Feasibility Report Final Plat Development Agreement Resolution 06-196 Approving Preliminary Plat ADMINISTRATOR'S COMMENTS 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 M. Burbank, Senior Planner DATE: November 15, 2013 RE: MJR Develo�ers, LLC — Final Plat and Development Agreement Approval for Everwood 4 Addition Subdivision Introduction MJR Developers, LLC has filed a final plat application to develop a detached single-family residential subdivision named Everwood 4 Addition. This is the last addition for this subdivision and consists of 10 lots for detached single-family homes on Aspen Cove which is west of Hardwood Avenue and south of Everwood 3� Addition. A location map is shown below and a copy of the Everwood 4th final plat is attached. Project Location Map Honorable Mayor, City Council, and Ryan Schroeder Everwood 4th — Final Plat and Development Agreement Approval November 15, 2013 Page 2 of 7 ''' # � i_ � rr�,�� ; � .i; i,tr*f;;��;i: 1� � N l � � 1 � �` \ ! 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L/ClQll Honorable Mayor, City Council, and Ryan Schroeder Everwood 4th — Final Plat and Development Agreement Approval November 15, 2013 Page 3 of 7 Discussion The City Council approved the comprehensive plan, rezoning, and preliminary plat applications for this project on September 20, 2006. The conditions approving the preliminary plat have been incorporated into the final plat. The final plat is consistent with the approved preliminary plat. The developer has previously graded the site with the initial development, and some additional grading will be required for this project. The project is properly guided and zoned for residential land use. The commercial lot included in the preliminary plat is guided commercial and zoned residential. The commercial rezoning of the commercial parcel will be project specific and appropriate at the time of that development. rreuminary riat The grading of the site is tentatively scheduled for fall of 2013. The construction of public improvements is tentatively scheduled for spring 2014. The developer will be installing the public utilities in accordance with City policies, ordinance criteria and supervision. In addition to approving the final plat and the feasibility report, Council is requested to adopt a resolution approve the Development Agreement, and approving the plans and specifications. The draft Final Plat, Grading Plan and Feasibility Report are attached. Honorable Mayor, City Council, and Ryan Schroeder Everwood 4th — Final Plat and Development Agreement Approval November 15, 2013 Page 4 of 7 The final plat was distributed to other City departments and utility companies for review and comment. Minor changes related to easement dimensions were made to the final plat based on the review comments. The final plat will be required to be modified to create an Outlot over the landscaped center cul-de-sac island. The homeowners will be required to own and maintain this outlot. The City has prepared the construction plans and specifications and the developer will construct all the public improvements. Based on the lapse in time from the initial plat to this project, the feasibility study was updated to reflect current construction costs. Preparation of the Feasibility Report dated October 9, 2013 was based on the assumption that the sanitary sewer and stormwater would be constructed to the east. This routing option was identified in the report as being the most cost effective and feasible routing for those utilities. The final plans for this route is being coordinated with the Minnesota Land Trust who hold a conservation easement over the City property surrounding the plat. This route was reviewed with the Trust and approved in preliminary concept for during the initial development of the plat in 2006. � �- _ � �Sx��,-�-°'��u ' t 'k :�.;�: ' ��.; ■ _ �� , t - ., 1'•�J� y - =i - - - v ,r .�t � `?' . �i#.. �t �''� � . , _ t. . 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J / `. � . � � . � � . j " . v wux q� � / ' #� , � Y :. � � s- t r. ,c,c �' � r �I'y j. 7 'z:�i �a '� '? : . ' . r � i' � � � t ' .rS � 4 � �_ '� r- �� 4 � �� ' � - - � - � -. t � �.Y' 4 Ic'e � � 1 � . ` ��, � �� , � y _ �� r � - � � . _ � - 1 '�• , '�`� � � �i i �� t . �/ .. � ` � �_Z .` � � � 4 �� }_ -� � 1_ _1.�. 1 - � �s ' '� .� {� t �." � �` �i , �.. l � ,:. �, , re FFCiPti=�.FDUTILITYIi9PRU'dt:'�I�ffT6 - -� 'J — ��(�� ...«�o.�.�.�....��. � � CITY OF COTTa r u:01'E F[� �P.E: 3 � EI�ERV:CX�D 4TH ADDITIOV i.,-� Ae. a.: � �� Utility map Honorable Mayor, City Council, and Ryan Schroeder Everwood 4th — Final Plat and Development Agreement Approval November 15, 2013 Page 5 of 7 Offsite Ponding The surFace water management ponding for the Everwood subdivision has been temporarily held on the location of this final plat. The permanent ponding that is designed for the entire subdivision will be constructed along the west side of Harwood Avenue. The developer will be constructing the two cell stormwater basin. No easement will be required, as the pond will be located within public right-of-way. Trails The preliminary plat approval included the requirement for recreational and transportation trails. The Transportation trail is along the west side of Hardwood Avenue from East Point Douglas Road to 73� Street. The City will be cost sharing on a portion of this trail, and the commercial lot associated with the subdivision will carry some of the costs for the portion of the trail that is adjacent to it. The recreation trails are located along Harwood Avenue and on the "Old Farm Road" on the commercial lot. The farm road trail will be developed in the future by the developer of that lot. These recreation trails will be constructed with wood chips. In the detail below, the recreation trails are identified in purple and the transportation trails in orange. The City will also be financing the construction of a missing sidewalk link in blue along the west side of Harwood Avenue between East Point Douglas Road and Harkness Avenue. This walk is required to serve the White Pines Senior Housing and the balance of the Southpoint Ridge commercial development. -�, �,�,�� , .� ¢ �,, � ,, � : , -� � �� ,� , _ � � ,a,�, : �, _ + - .. 'h.' _ I "'' £ _ - t . st`��. � 1 �, f +i ��y .,. Y r �'.. : � �. ,t ,�• .�' - ' l�1 , .� f�.= s. � � A yi .� t K�` pyS � `�t � �-�� . �� 1j : - r , ' ,��' R ' ; �`�+r '� --�` . � , } ,� .�+�`: �, }Y , ? ,: �''"� '' t`�yi.. � :. t� � ' r � �'��,tF.: i j ' r _ �y _�rf �x tt�'��FC't '_t'° .':"�'` tr:� "f�. . rL y }`t �.- 6 �;.�-� ..7iw�wawr+m I��cd�<•�•yt � -- . � �`.a.,�' ,-!'�£-: sat .i.:s ` yt �.- e:, �F �n'- �c•�aw. _.--, , • � ./ si :c� { r -,. ai!' �` �T� ?3� . t �ifTFi!±M �� _ _ . - '. � '{ � �' _ y �� -' ` � . r � � � . p � . . 1 . / ` .1 � A a , �♦�` - �� r�1 1 � S _t "a'� � '�t� . 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" � ,! � � Z..��I �- � � �'A.. aT � ��L t��'�`�� f" j .T; d `~' � ��t /,i 1 r � ° �,9�� r' � ( ,.� �� ;= ` , - I � �.� h - �,�� r - ;l ,� �,- _ , ! - = r � ,�s��: � '�� . .� !� q �!l t - r S�i'. ��y�� ■' I rs r �� t a � r ` 3' l 6 - �#.� E �� S �.� _+�,• .�' ' __� '� � � s � �_�f �t . ✓� '��Y�� r �`' � ,; r�' � ,� s " k � � J ,� �� - �, � - � _�� '�s � .�� ,. ;�� ,._'� '�' PkpFO`EC? �ID�F1�FlLk, Tf�4IL'; S STF EET ]� 1FRCNEtd�tITS ��/'� - .�,,,.�...,�.�..�.,.�,.....,,...,,..,� r :' .1 LI71' pF CUTi A:�E I.RU`:E RGIIFE: 2 1 EL'ERVd:70D4TFIADDITION :��E� ��x:: �� Trailway Route Detail Honorable Mayor, City Council, and Ryan Schroeder Everwood 4th — Final Plat and Development Agreement Approval November 15, 2013 Page 6 of 7 Park and Open Space The park dedication for this subdivision was a combination of land dedication and cash. The cash dedication fee for the 10 lots is $2,200 dollars per lot. This fee is required to be paid at the time of the recording of the plat. The area of land that was dedicated in lieu of cash is highlighted in the hatched area below. Due to the conservation easement encumbering the property, full credit was not given on the dedication. The negotiated amount was the reference $2,200 per lot fee. Area Charges The area charges required for the proj�ct total $67,919 and are detailed in the attached feasibility report. These fees are required to be paid at the time of the recording of the plat. Summary The project is properly guided and zoned for residential land use. The final plat is consistent with the preliminary plat for the site. The project is found to be feasible. The City prepared the construction drawings for the project. The developer will be installing the public improvements in 2014. Financial sureties will be held by the City during the development of the subdivision. The developer shall be responsible for on site improvements including yard sod, boulevard trees, and driveway aprons. Park Land dedication detail Honorable Mayor, City Council, and Ryan Schroeder Everwood 4th — Final Plat and Development Agreement Approval November 15, 2013 Page 7 of 7 Recommendation The City Council is requested to take the following actions: 1) Accept the feasibility report and approve the final construction drawings for Everwood 4th Addition. 2) Adopt the attached resolution approving the final plat named Everwood 4th Addition. 3) Approve the Development Agreement with MJR Developers, LLC and Aspen Grove, LLC, for the development of the Everwood 4th Addition. RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE FINAL PLAT NAMED EVERWOOD 4 ADDITION WNEREAS, MJR Developers, LLC has applied for a final plat to develop a single-family residential subdivision named Everwood 4 Addition. The final addition in the Everwood Subdivision located within the West Draw planning and development of the community. The development phase is comprised of 10 lots for single-family homes and one outlot. The subdivi- sion would be located on property legally described as: Outlot A, Everwood 3rd Addition, City of Cottage Grove, County of Washington, State of Minnesota. WHEREAS, the property is properly guided and zoned for the single family residential subdivision; WHEREAS, the City Council approved the preliminary plat for Everwood Addition on September 20th, 2006 (Res. No. 2006-196); and WHEREAS, City staff found the final plat substantially consistent with the approved prelimi- nary 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 a residential subdivision plat named Everwood 4 Addition. This final plat consists of 10 lots for single-family homes located on the property legally described above. The approval of this final plat is subject to the following conditions: The developer and builders must comply with all city ordinances and policies. 2. The developer must abide by the conditions stipulated in Resolution No. 2006-196, which approved the preliminary plat, except as hereafter modified. 3. All utility, drainage, and development plans must conform to the plans approved by the City Engineer. The developer may start rough grading of the lots before the plat is filed, if a MPCA Construction Storm Water Permit has been issued and the City has been furnished with a cash escrow or letter of credit in the minimum amount specified in the approved development agreement. 4. Development of this project must comply with the grading and erosion control plans as approved by the City Engineer. 5. The developer must construct or install and pay for the following: a) Pave streets b) Concrete curb and gutter c) Street lights Resolution No. 2013-XXX Page 2 of 4 d) e) fl g) h) i) 1) k) Water system (trunk and lateral) and water house service stubs 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 Sidewalks and trails Erosion control, site grading and ponding These Improvements must be in conformance with City approved plans and specifications and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code. The form of the financial security is subject to the reasonable approval of the City. 6. The developer shall be responsible for on site improvements including yard sod, boulevard trees, and driveway aprons. 7. An Outlot (Outlot A) shall be created over the landscaped Cul-de-sac Island. 8. The Homeowner's Association for this development is responsible for the mainten- ance of all vegetation and landscaping lying within the landscaped cul-de-sac islands (Outlot A) 9. The City will supply the street light poles and luminaries. The Developer will pay the City for street light poles and street light luminaries. This fee is due and payable at the time of executing the development agreement. 10. The final wear course shall be completed when at least 90 percent of the houses on that street segment have been constructed. 11. After the site is rough graded, but before any utility construction commences or build- ing permits are issued, the erosion control plan shall be implemented by the Devel- oper 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. 12. 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. 13. 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. 14. The developer must comply with all the recommendations of the City Engineer including: Resolution No. 2013-XXX Page 3 of 4 • A minimum of a 30' easement is required for the storm sewer that is proposed to be routed east and between lots 1 and 2 of block 2. • A minimum of a 30' easement is required for the sanitary sewer that is proposed to be routed east and between lots 2 and 3 of block 2. • EOF's require a 20' drainage and utility easement. It is recommended to place the proposed EOF (currently between lot 4 and 5 block 1) between lot 5 block 1 and lot 1 block 2(a 30' outlot currently exists). • Modify the proposed rear lot grading on lot 3 block 1 to avoid routing drainage across lot 4 block 1. If this cannot be accomplished then a drainage and utility easement will be required across the rear of lot 4 block 1 to contain drainage routed off of lot 3 block 1. 15. The park boundary marker(s) must be installed at the corners of private properties abutting public property as designated by the city's Parks director. Residential lots designated to have a boundary marker(s) must have the marker(s) before a Cer- tificate of Occupancy can be issued for the house on that particular residential lot. 16. The developer shall pay $2,200 per lot for park dedication requirement prior to the release of the plat for recording with Washington County. 17. The Developer shall post a letter of credit or escrow to the City for the estimated cost of the boulevard trees, four yard trees, and ten shrubs on each lot. 18. All mailboxes and location of mailboxes must comply with the U.S. Postal Office guidelines and regulations. Mailboxes placed at the curb shall all be the same design and color. 19. Once a homeowner occupies a house, the homeowner is responsible for the maintenance and upkeep of the boulevard area that abuts their property. The Developer must ensure that all builders keep all streets 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. 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. 20. The Developer shall be responsible for installing trails and sidewalks as deigned in the approved feasibility study and plans and construction drawings for the subdivision. Passed this 20th day of November, 2013. Myron Bailey, Mayor Attest: Resolution No. 2013-XXX Page 4 of 4 Caron M. Stransky, City Clerk RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE FEASIBILITY REPORT AND CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE FINAL PLAT NAMED EVERWOOD 4 t " ADDITION WHEREAS, MJR Developers, LLC has applied for a final plat to develop a single-family residential subdivision named Everwood 4 th Addition. The final addition in the Everwood Subdivision located within the West Draw planning and development of the community. The development phase is comprised of 10 lots for single-family homes and one outlot. The subdivi- sion would be located on property legally described as: Outlot A, Everwood 3rd Addition, City of Cottage Grove, County of Washington, State of Minnesota. WHEREAS, the City prepared a feasibility study for the subdivision dated October 9, 2013 and the project was found to be feasible; and WHEREAS, the Developer will be utilizing plans and specifications designed and approved by the City in the installation of the the public improvements within the subdivision; and WHEREAS, the approved plans and specifications are in conformance with the information included within the feasibility report. WHEREAS, the Developer will be installing the public improvements within the subdivision in accordance with current City ordinances and policies; and WHEREAS, a development agreement and financial sureties will be required as a component of the subdivision development. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the Everwood 4th Addition feasibility report dated October 9, 2013, and the related construction plans and specifications prepared by Stantec in conformance with the utility and road improvements information detailed in the approved feasibility report. 1. The developer and builders must comply with all city ordinances and policies. 2. Modifications to final construction plans and specifications shall be permitted in writing by the city Engineer. Passed this 20th day of November, 2013. Attest: Myron Bailey, Mayor Caron M. Stransky, City Clerk RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR THE FINAL PLAT NAMED EVERWOOD 4 ADDITION WHEREAS, MJR Developers, LLC has applied for a final plat to develop a single-family residential subdivision named Everwood 4 Addition. The final addition in the Everwood Subdivision located within the West Draw planning and development of the community. The development phase is comprised of 10 lots for single-family homes and one outlot. The subdivi- sion would be located on property legally described as: Outlot A, Everwood 3rd Addition, City of Cottage Grove, County of Washington, State of Minnesota. WHEREAS, The City requires development agreements for residential, commercial and industrial development within the community; and WHEREAS, Everwood 4 Addition is a residential subdivision; and WHEREAS, MJR Developers, LLC is the developer of the plat to be known as Everwood 4tn Addition; and WHEREAS, Aspen Grove, LLC is a property owner of the plat to be known as Everwood 4tn addition. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby adopts a resolution approving the Development Agreement with MJR Developers, LLC and Aspen Grove, LLC, for the development of the Everwood 4th Addition. Passed this 20th day of November, 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk DEVELOPMENT AGREEMENT EVERWOOD 4TH THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the 20�' day of November, 2013 by and between MJR Developers, LLC, a Minnesota Limited Liability corporation, and Aspen Grove LLC, a Minnesota limited liability coiporation, jointly referred to as the "Developer", and the City of Cottage Grove, a municipal corporation, situated in the County of Washington, State of Minnesota, hereinafter refened to as the "City." RECITALS A. At the time this Agreement is recorded, the Developer is the fee owner of the parcels of land described in E�ibit "A", which is to be developed as a subdivision in the City bearing the name `Bverwood 4th" and may sometimes hereinafter be referred to as the "Subject Property" or the "Subdivision". B. The Developer proposes to develop the final phase of the Subject Property, which is being platted into ten (10) lots for the construction of detached single-family homes situated in the City of Cottage Grove, County of Washington, State of Minnesota. C. The City approved the Everwood preliminary plat (Resolution No. 2006-196) on September 20, 2006 and the Everwood 4th final plat on August 14, 2013, a single-family development on 5.31. The Everwood preliminary plat consists of twenty eight (28) single family lots. The Everwood 4th fmal plat consists of ten (10) single-family lots and one (1) outlot. D. The City requires that certain public improvements, which are herein referred to as the "Public Improvements" and include, but are not limited to storm drainage systems, sanitary sewer, water, grading, street lighting, trails, sidewalk, 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, all as set forth herein and in the Plans Approved November 20, 2013. E. The Developer will perform other work and install cei improvements within the Subject Property, which work and improvements typically consist of drainage swales, erosion control, street cleaning and the lilces thereof and which improvements to the Subject s� Properly shall be refei�red to herein as "On-Site Improvements". Public Improvements and On-Site Improvements are collectively referred to as the "Improvements." F. The Developer shall develop the Subject Property and install the Public Improvements in confot�mance with the plans and specifications prepared by the City and approved on November 20, 2013 and referred to as the "Approved Plans". The Approved Plans shall not be amended without the prior vv�itten approval of the Developer and the City. NOW, THEREFORE, 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 City approved the final plat for Everwood 4th on November 20, 2013. This residential subdivision is located in the City of Cottage, Grove, County of Washington, State of Minnesota, and is legally described in E�ibit A. 2. Conditions of Approval. The City hereby approves the final plat and this Agreement on the conditions that: a. The Developer enters into this Agreement and abides by the conditions stipulated in the resolution approving the final plat and the terms of this Agreement. b. All the lots within Everwood 4th are required to be part of a homeowners association. c. The Developer provides to the City upon execution of this Agreement: i. An irrevocable letter of credit or cash in the amount of $547,365.80 as detailed in the table below: (See next Page) -2- Street paving Sanitary sewer system Water system Water & Sanitary house services Storm sewer St, lighting (base, conduit, wiring, etc.) Bituminous Trail Mulch Trail Concrete Sitlewalks General Sub-total Park Improvements Final Street 1, 2&3 Sub•total Ponding Credit Bituminous Trail Credit Concrete sidewalk credit Grading Escrow Deposit Sub-total Total ' ACTUAL COSTS WILL BE DEDUCTEDICREDITED Est. Costs (not including 30% Eng.) y80,415.00 $67,085.00 �2,600.00 $14,910.00 $167,014.00 �12,745.00 �142,688.00 $45,825.00 $29,249.00 a� 16,175.00 �578,706.00 $0.00 $33,492.00 $33,492.00 DEDUCTIONS EST. COSTS -$24,571.36 -$120,485.00 -$29,249.00 •3174,305.36 $404,400.64 125% 125% 125% 125% 125% 125% 125% 125% 125% 125% LOC �100,518.75 �83,856.25 $3,250.00 $18,637.50 �208,767.50 ^� 15,931.25 �178,360.00 $57,281.25 $36,561.25 $20,218.75 �723,382.50 �0.00 $41,865.00 $41,865.00 Cash Payment 12% of Est. $12,062.25 a�8,050.20 $312.00 $1,789.20 �20,041.68 $1,529.40 $17,122.56 $5,499.00 $3,509.88 $1,941.00 $71,857.17 $0.00 �5,023.80 $5,023.80 - -$150,606.25 -$36,561.25 -$217,881.70 $547,365.80 -$5,000.00 $65,683.90 DEVELOPMENT FEES AND CHARGES EST. CO5TS EST. COSTS Misc $0.00 100% �0.00 Sanitary SewerArea Charge 2013 Rate 514,860.00 100% �14,860.00 WaterArea Charge 2013 Rate �17,025.00 100% $17,025.00 Stormwater Area Charge 2013 Rate �36,035.00 100% $36,035.00 AUAR Fee 2013 Rate �0.00 100% $0.00 Major Road Fee 2012 Rate $0.00 100% �0.00 Street Light Poles $2,250.00 100% $2,250.00 Street Light Luminaires $2,250.00 100% $2,250.00 Street Sealcoating $1,535.00 100% $1,535.00 Trail Sealcoating �1,953.00 100°/o $1,953.00 Boundary Markers $1,035.00 100°/a $1,035.00 Grading escrow $22,346.00 100% �22,346.00 Sireet Light Utility Charge $588.00 100% $588.00 SUB-TOTAL $99,877.00 $0 $99,877.00 TOTALS $504,277.64 �547,365.80 $242,441.87 -3- The letter of credit must be issued by a bank that is detei7nined by the City to be solvent and creditworthy and in a form acceptable to the City. If the City determines at any point that the bank no longer satisfies its requirements, it can require the Developer to get a new letter of credit fiom a different bank. ii. Proof of public liability and proper�ty damage insurance covering personal injury, including death and claims for property damage which may be caused by reason of the of the Developer's work or the work of its contractors or subcontractors is required. Limits for bodily injuty or death shall not be less than $1,000,000 when the claim is one for death by wrongful act or omission or for any other claim and $2,000,000 for any number of claims arising out of a single occurrence. Limits for propei damage shall not be less than $500,000 for each occui�rence. The Developer must keep the insurance in force at all times that construction for the development is in progress. The City must be named as an additional insured on the policy and the policy or an endorsement to the policy must provide that the insurer must give the City at least ten (10) days' advance written notice prior to cancellation or termination of the insurance policy; and iii. A cash payment for required development in the amount of $242,441.87 as shown in the table above. If any funds held under this agreement exceed the amount necessary to reimburse the City for its costs under this paragraph, such funds shall be returned to the Developer without interest. If it appears that the actual costs incurred will exceed the estimate, the Developer and the City shall review the costs required to complete the project and the Developer shall deposit additional sums with the City. d. The Developer records the final plat with the County Recorder within six (6) months after City Council approval of the final plat. e. The Developer agrees to furnish all labor, materials and equipment per the resolution approving the final plat for Everwood 4th and perform the Public Improvements and utility repair and adjustment in conformance with the approved plans. 3. Develonment Plans and Ri�ht to Proceed. The Developer may not consnuct any Improvements until all the following conditions have been satisfied: a. This Agreement has been fully executed by both parties and filed with the City Clerlc. b. The necessary securities, wananties, and escrows as required by this Agreement have been received by the City. c. The City has issued a letter stating that all conditions of this paragraph have been satisfied and that the Developer may proceed. -4- The Developer agrees that the Improvement worlc shall be done and performed in a wor•lcmanlike manner and all materials and labor shall be in shict conformity with the Approved Plans and City ordinances. Any material or labor supplied rejected by the City as defective or unsuitable per the Approved Plans shall be removed and replaced with approved material to the reasonable satisfaction or approval of the City at the cost and expense of the Developer. The Developer sha11 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 security required shall be continued to cover the Improvement work dui7ng this extension of time. It is distinctly understood and agreed that all Improvement wor•k covered by this Agreement shall be done at no expense to the City unless otherwise agreed to by the City and the Developer. The City agrees to sealcoat the st�eets in the subdivision, at the City's expense, within two (2) years following the installation of the wear course paving in the Subdivision. The Developer agrees to have all Improvements substantially done, including the bituminous wedge on the street and fully completed to the reasonable satisfaction and approval of the City Engineer on or before November 15, 2014, except all concrete work must be completed by October 15, 2014 and the wear course/final lift of all sneets in the subdivision must be completed within three (3) years from the date all other Public Improvements are accepted by the City or when ninety percent (90 %) of the houses have been constiucted, whichever is sooner. The Developer is responsible for the future expenditures to remove the temporary wedge, pave the wear course, repair curb and gutters, and restore impacted areas and any other Improvement that must be completed. 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 or•dered 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 conhary 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 perfoimance 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. Stakin�, Surveyin� and Inspections. Developer must provide all staking and surveying for the Improvements in order to ensure that the completed Improvements confoi�rn to the Approved Plans. The City will provide for constiuction inspections, witness testing, review testing reports, conduct erosion conhol inspections and attend project meetings at the Developer's expense but in no case shall such expense exceed the cash payment for twelve percent (12%) of Improvement costs identified above and paid by the Developer as part of this Agreement. Developer must notify the City Engineer at least forty eight (48) houz•s in advance, not including weekend days or holidays, for inspection seivice or scheduling of tests to be performed. 6. Street Li�hts. The City will furnish the street light poles and luminaries. The Developer is responsible for installing the street lights and providing all other street light improvements as shown on the Approved Plans. 7. 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 inspection of the Improvements. Before final acceptance and release of the securities by the City is made the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans and all City inspections for the work were performed, and the Developer's engineer shall submit a written statement attesting to the same. The Developer's contractor performing the Public Improvements for the Developer must submit to the City a one hundred percent (100%) warranty maintenance bond that shall run for a minimum of one (1) year. Said bond shall run from the date of acceptance by the City of all Public Improvements. At the time of final acceptance of the Public Improvements, if it is detel�nined 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 one hundred percent (100%) war�anty maintenance bond up to a maximum of five (5) years as reasonably determined by the City Engineer. The wat7anty period for streets commences after the final placement of the wear course. The City Engineer will notify the Developer in writing of the City's approval of the Improvements and schedule the request for acceptance by the City Council. The final approval and acceptance of the Improvements by the City Council shall constitute final approval and acceptance by the City without further action on the part of any party hereto. 8. 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, and the continuance of such default after written notice fiom the City and the expiration of the Cure Period (as defined below), the City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may draw upon any financial guaranty(ies) posted in conformance with this Agreement, provided, however, the Developer shall first be given an opportunity to cure the default for a period of at least thirty (30) days (except in emergency situations) thereafter as provided below. Said notice will be addressed to the Developer at the address shown below in Section 18. 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 amounts to the Developer. Notwithstanding anything to the contrat•y contained in this Agreement, if the City detei7nines that the Developer is in default of any of the terms of this Agreement, the City shall promptly notify the Developer of the default and/or non-compliance. The City agrees to provide the Developer a reasonable and appropriate amount of time, which shall not be less than thii (30) days, 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 ("Cure Period"). In the event Developer fails to correct said non-compliance within the designated Cure Period, the City may talce any other remedy or action available to the City under the terms of this Agreement. 9. 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 pei�nits for buildings within the Subdivision until such breach is con•ected by the Developer. 10. Attorneys' Fees. The Developer will pay the City's reasonable attoiney's fees to be fixed by the Court in the event a suit or action is brought to enforce the teims of this Agreement, or in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 11. Assi�nment. The Developer may not hansfer or assign any of its obligations under this Agreement without the pi7or written consent of the City, which shail not be unreasonably withheld, conditioned or delayed. 12. A�reement to Run with Land. The City agrees to record this Agreement among the land records of Washington County, Minnesota and the Developer agrees to record the `Bverwood 4th" fmal plat at Washington County, Minnesota. The provisions of this Agreement shall lun with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Subject Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 13. 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 instiument (in form sufficient to remove this Agreement as a further encumbrance against the Subject Property) releasing all of the Subject Property from the terms of this Agreement. 14. 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. 15. Consent. The Owner represents and wai7ants that the Developer is the only person or entity interested in the Subject Property. �r� 16. Anplicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 17. Chan�es in Official Controls. For two (2) years fiom the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved preliminary plat and final plat unless required by state or federal law or agreed to in writing by the City and the Developer. 18. Notices. Required notices to the Developer shall be in writing, and sha11 be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: MJR ,LLC. - Minnesota Attn.: Mike Rygh Suite 101 6939 Pine Arbor Drive, Cottage Grove, MN 55016 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Cottage Grove Attn.: City Administrator 12800 Ravine Parkway South Cottage Grove, MN 55016 19. Prior A�reements. This Agreement supersedes and replaces any prior development agreements affecting the Subject Property. 20. Mail Boxes. The Developer is responsible for the placement of a mailbox for all the lots within the Subdivision and must comply with the United States Postal Service's mailbox design and placement guidelines. The mailboxes must be of similar design and color within the Subject Property. 21. Sidewalk and Trail Maintenance. The City will be responsible for snow removal or maintenance on any hails or sidewallcs created as a result of this project. 22. Park Dedication and Park Improvements. During the earlier platting phases of the property it was deteimined that the cash parlc dedication per lot for the entire subdivision would be reduced to $2,200 per unit based on the lands that were dedicated being encumbered by a restrictive conservation easement. The Park dedication fees shall be submitted to the City by the Developer prior to the plat being released with Washington County for recording. 23. Off-site Trail Improvements. The Developer will finance and construct all the trail segments and sidewalks identified in the feasibility report for the project. The City will credit the -s- Developer for the Hardwood concrete sidewallc and the bituminous trailway segment installed along Hardwood Avenue north of the mulch natural trail. 24. Credits The cost and surety table in this agreement reflects credits for costs already incui7ed by the developer and for cost participation by the City. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. SIGNATURES APPEAR ON NEXT PAGE -9- MJR DEVELOPERS, LLC B Mike J. Rygh Its : Chief Manager CITY OF COTTAGE GROVE: e : Myron Bailey, Mayor 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 , 2013, 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) Notaiy Public ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA COUNTY OF ) )ss. ) On this day of , 2013, 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 coiporation on behalf of said coiporation. (Notary Seal) THIS DOCUMENT DRAFTED BY: Community Development Department City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 Notary Public -lo- ASPEN GROVE, LLC, a Minnesota limited liability Corparation. By: Matthew Francis ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF ) On this day of , 2007, before me, a notary public within and for said County, personally appeared Matthew Francis, Governor of ASPEN GROVE,LLC, a Minnesota Corparation, on behalf of said corporation, to me personally known, each by me duly sworn, did say that he is respectively the Govemor ofASPEN GROVE,LLC, named herein and he did acknowledge and execute said instrument to be his free act and deed on behalf of said Corparation. Notary Public Notary Seal) THIS DOCUNIENT DRAFTED BY: Community Development Department City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 11- EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY Lot A Subdivision Cd 2656 EVERWOOD 3RD ADDITION on file and of record in the office of the Registrar of titles, Washington County, Minnesota (containing 5.31 acres, mor•e or less) s�� Cottage � / Grov� �'�'� �'h P Meet � e • � re ana � Pride � Feasibility Report Everwood 4 Addition Street and Utility Improvements Cottage Grove, Minnesota October 9, 2013 Project No. 193802369 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. ��+✓� . ..��l�.r.....� ' David R. Sanocki, P.E. Reg. No. 40973 October 9, 2013 CITY OF COTTAGE GROVE PROJECT SUMMARY INTRODUCTION This report addresses the proposed utility and street improvements for the Everwood 4 Addition located at the west end of Aspen Cove South and south of the Timber Ridge 5 Addition development. The Everwood 4 Addition, which will consist of 10 single-family lots, is the last phase of the Everwood Addition. The preliminary plat for the Everwood Addition was approved on September 20, 2006. All of the lots will receive City sanitary sewer, storm sewer, water, and street improvements. PROJECT SCOPE This project consists of utility, street and trail improvements in the general location shown in Figure 1 below. �� - � �" �4m s�r sotm► ". T1MBBi piOGE TRAQ. SQUTH �./ ! \ I �� : ` � � ♦ �� ►♦♦ � \� G�, � , � � � � � n � � �� Evenvood 4" Addition - Street and Utility Improvements Z ' PROPOSEA TRAIL, STREE� & UIILTfY IMPROVEM9�II'S REQUIRED IMPROVEMENTS This project includes the construction of public sanitary sewer, water main, storm sewer, public trails, sidewalk and street to service the proposed development. The proposed street, trails, sidewalk and utility layouts are shown on Figure 2 and 3 in the appendix of this report. Sanitary sewer, water main, storm sewer, and street improvements are proposed for all lots in the Everwood 4 Addition Development. SANITARY SEWER Two sanitary sewer options were reviewed for providing service to the proposed Everwood 4 Addition development. The first option reviewed would involve directional drilling sanitary sewer south through the White Pines Senior Living property in the Southpointe Ridge development. This route would run parallel to the existing water main and would include up to 400 feet of directional drilled sewer. It would be necessary to directional drill to avoid impacting the existing White Pines building, parking lot, retaining wall and trees. This route would ultimately connect to the south at an existing sewer line in East Point Douglas Road. Digging up East Point Douglas and the adjacent trail, restoring the road and trail, providing trafFic control and obtaining additional utility easements, add to the cost of this option. The total length to run sanitary sewer to the south through White Pines is approximately 1,700 feet. The second option reviewed would involve directional drilling sanitary sewer east toward the existing sanitary sewer line in Hardwood Avenue. This route would include approximately 340 feet of directional drilled sewer. An existing 8" sanitary sewer stub is located in the west right-of-way of Hardwood Avenue. Tying into this existing stub will not impact Hardwood Avenue and there is no trail along the west side of Hardwood Avenue. The total length to run sanitary sewer to the east to Hardwood Avenue is approximately 550 feet. Routing sanitary sewer through White Pines is not viable. Significantly more sanitary pipe would have to be installed with this option. In addition, this alignments close proximiry to the White Pines building creates challenges if future sanitary sewer maintenance and/or repair is required. Routing the sanitary sewer east to Hardwood Avenue is significantly more cost effective and has fewer impacts to existing facilities. Therefore, the sanitary sewer connection to Hardwood Avenue option is recommended. WATER MAIN 8" ductile iron water main was installed during phase 1 of the Everwood Addition and is readily available within the proposed Aspen Cove south right-of-way. Water main is currently looped from the Timber Ridge 5 Addition to Southpointe Ridge. A portion of the existing water main that falls within the 4th Addition of Everwood is proposed to be salvaged and reinstalled after the sanitary sewer is constructed. It would be very difficult to keep this water main in place while the sanitary sewer is installed at a greater depth without undermining the water main. Since this water main was installed in a previous phase of the development, the developer will be credited the cost to salvage and reinstall the water main as part of the Everwood 4 Addition project. Water service to the White Pines Senior Living will not be interrupted with this project. The water main servicing White Pines Senior Living is looped and water service will be maintained from East Point Douglas Road during project construction. Everwood 4" Addition - St�eet and Utility Improuements 3 STORM SEWER AND STORM WATER MANAGEMENT SYSTEM The feasibility of routing storm water south through the existing White Pines development has been reviewed. The storm sewer and ponding system for White Pines is not designed or sized to accommodate development flows from the Everwood 4 th Addition. If storm sewer is routed south it would run parallel to the existing water main and would include up to 1160 feet of directional drilled storm sewer pipe. It would be necessary to directional drill to avoid impacting the existing White Pines building, parking lot, retaining wall and trees. In addition, storm sewer pipe would have to be directional drilled south under State Highway 61 to the Gateway Storm Sewer pond constructed in 2012. The total length to run storm sewer to the south through White Pines and to the south side of State Highway 61 is approximately 2,400 feet. Routing Everwood 4 Addition storm water south through White Pines is not the most cost effective and feasible option. Routing storm sewer east to Hardwood Avenue is the most feasible and recommended option for storm water conveyance. Storm sewer would be installed throughout the Everwood 4 Addition and then routed east down the hill toward Hardwood Avenue. Approximately 550 feet of storm sewer (320 feet of it directionally drilled) would be installed. The storm sewer installed along Hardwood Avenue will be open cut in areas with minimal tree loss, thus reducing costs with no negative environmental impacts. The proposed storm sewer system would discharge into an existing swale adjacent to Hardwood Avenue. This existing swale drains south along the west side of Hardwood Avenue to a storm sewer outlet located adjacent to East Point Douglas Road. From this flared end inlet, storm water is routed through a trunk storm sewer system that crosses Trunk Highway 61 and discharges into the Hamlet Park Pond regional ponding system. In the recent past, the capacity of Hamlet Park Pond has been significantly expanded to lower the high water levels in the upper portions of the pond to alleviate flooding at the trunk highway, improve stormwater conveyance through the system, and improve the water quality treatment perFormance of the system. The stormwater discharges from Everwood 4th Addition would be controlled to at or below existing discharge rates from the site, therefore the existing storm sewer conveyance system and Hamlet Park Pond system are adequately sized to accommodate the stormwater discharges from the Everwood 4th Addition. Under this scenario, for Everwood 4 th Addition to meet the City's storm water management requirements, it will be necessary to make the following modifications to the existing swale: • Grade a berm across the southern end of the swale and provide a restricted outlet to adequately control the discharge rate from the Everwood 4 th Addition. • Construct a sediment basin at the outlet of the storm sewer system draining down the hill from Everwood 4 Addition to provide pretreatment of runoff prior to discharging to the storm water outlet. The construction of this basin would require a berm across the existing drainage swale and a skimmer structure will be provided as the outlet. • The main section of the existing drainage swale, between the sediment basin and the downstream outlet restriction, would be reconstructed as a biofiltration swale, which would include a series of rock check dams, an engineered soil ditch section, turf reinforcement mat, native seed, and draintile running the length of this section. • The sediment basin and biofiltration swale would be lined with 1 foot of clay to limit infiltration along the length of these features. Evenvood 4" Addition - Street and Utility Improvements It should be noted that since the original Everwood development review in 2006/2007, the City has started restricting the use of infiltration practices within Wellhead Protection Areas in accordance with guidance from the MN Department of Health. As the proposed storm water management area adjacent to Hardwood Avenue is located within a Wellhead Protection Area, infiltration practices are not allowed. Therefore, a biofiltration system would need to be designed to meet the City's water quality requirements. STREET� PATHWAYS AND SIDEWALKS The proposed street will be an extension of Aspen Cove South constructed as part of the Everwood 3rd Addition. The proposed street improvement includes the installation of B618 concrete curb and gutter and the first lift of bituminous. A bituminous wedge will be placed to protect the curb and gutter until the final lift of bituminous is placed. The final lift of bituminous would be installed approximately three years after the bituminous base lift has been placed or when at least 90% of the homes are constructed. It is anticipated that the final lift of bituminous for the Everwood is and 3� Additions would also be placed when the final lift of bituminous is placed for Everwood 4 Addition. Two 8-foot wide bituminous trail segments are proposed to be constructed as part of this project and are shown in Figure 2 of the appendix of this report. The first bituminous trail segment is proposed to be located between lot 5 block 1 and lot 1 block 2 of Everwood 4 Addition and will provide a connection to the future Camel's Hump Overlook Park (see Figure 4 in the appendix of this report). The second bituminous trail segment is proposed to be constructed east of Everwood 4 Addition and along Hardwood Avenue. This path is proposed to extend from East Point Douglas Road South, northerly along the west side of Hardwood Avenue to approximately 500' south of the intersection of 73r Street South and Hardwood Avenue. The developer would be credited for constructing any trail segment constructed along Hardwood Avenue located north of the proposed ravine mulch trail connection. This trail segment is approximately 2100' in (ength. A wood mulch trail is proposed to be constructed from the west side of Hardwood Avenue and be extended northwest up the existing ravine to Meadow Grass Avenue South. The trail in this area will have 4:1 slopes at times (25% grade) to reach Meadow Grass Avenue South. Given the existing terrain constraints, this trail proposed will not be ADA accessible in all locations. An 8' concrete sidewalk is proposed to be constructed on the south side of Hardwood Avenue between East Point Douglas Road and Harkness Avenue. A concrete sidewalk exists on the west side of East Point Douglas Road. Concrete sidewalk also exists along the west side of Hardwood Avenue between Harkness and 80 Street. The developer will be credited for constructing this concrete sidewalk segment. REQUIRED EASEMENTS All public utilities will be located under the public street right-of-way and/or within dedicated utility easements. Easements will be required where City utilities run along lot lines. REQUIRED PERMITS This project requires the following permits: ■ MPCA General Storm water permit (NPDES Permit) ■ MPCA Sanitary Sewer extension permit ■ MN Department of Health Water Main Extension permit Evenvood 4" Addition - Street and Utility Improvements 5 PRO]ECT COSTS ESTIMATED CONSTRUCTION COSTS A detailed cost estimate has been prepared for the construction of the utilities and streets to serve this development (See appendix). All costs are based on anticipated 2013 construction pricing. Indirect costs for administrative, legal, engineering and contingencies associated with the project have not been included in this report. No costs have been included for capitalized interest. Table 1.1— Estimated Construction Costs for the Everwood 4" Addition Deve% ment Site Improvement Estimated Construction per Lot Cost General $16 175 $1 618 Sanita Sewer $67 085 $6 709 Water Main 2 600 260 Services 14 910 1 491 Storm Sewer 167 014 16 701 Street Im rovements $80 415 8 042 Bituminous Trail 142 688 14 269 Street Li htin $12 745 1 275 Concrete Sidewalk $29,249 $2,925 Mulch Trail $45,825 $4,583 Subtotal 578 705 57 871 Pondin Credit* $24 571.36 2 457 Bituminous Trail Credit** $120 485 ($12,049) Concrete Sidewalk Credit $2g 249 ($2,925) Subtotal 174 306 17 431 Total Est. 2013 Construction Costs 404 400 40 440 2013 Im rovement Escrow 125% 505 500 Final Streets Escrow 125% *** $41 865 Total Escrow **** $547 364 A tota) of $24,571.36 ($10,749.97 for Everwood 1 and $13,821.39 for Everwood 3r was previously paid for pond dedication. ** Northern trail credit ($91,041) and trail dedication paid as part of Everwood 3` ($15,223.23) and commercial lot deferred ($14,221). *** The final streets has been broken down in the appendix of this report. The total escrow amount for the Everwood 4 th Addition is $25,690.00. The total additional escrow amount for the Everwood 1 5Y and 3` Addition is $16,174.50. **** The Developer will be required to provide an escrow to the City for the proposed Everwood 4tn Addition improvements totaling $547,364. This amount is 125% of the total estimated construction costs for the proposed 2013 improvements ($505,500), 125% of the total estimated construction costs for the fina) street improvements ($41,865). The Developer will also have to submit a separate site grading and erosion control escrow, in the amount of $22,346 prior to commencement of site grading operations (as shown in the table below). Everwood 4" Addition - Street and Utility Improvements 6 Table 1.2 — Site Grading & Erosion Control Items for the Everwood 5� Addition Deve%pment Site Grading And Erosion Control Items: (Developer Responsibility) Unit Unit Price Tota/ Cvst Site Gradin Restoration: Re-S read To soil P CY 1425.0 $2.00 2 850 Site Gradin Restoration: MnDOT 250 Seed & Mulch AC 5.3 650.00 3 452 Misc. Site Gradin LS 1.0 3 000.00 3 000 Erosion Control - Tem . Rock construction entrance EA 2.0 1 000.00 2 000 Erosion Control - SiltFence Machine Sliced LF 1400.0 $3.00 4 200 Street Swee er With Pick U Broom HR 3.0 $125.00 $375 Pond Maintenance & Cleanin LS 1.0 2 000.00 2 000 Total $17,877 Est. Escrow (125%) $22 346 AREA CHARGES The total area of the Everwood Addition is 49.5 acres. Of that total area, 5.31 acres is proposed for the Everwood 4 Addition project. The net acreage for the Everwood 4 Addition that will be used to calculate the Sanitary, Water, and Storm area charges is 5.31 acres and will be split among the proposed 10 residential lots. Table 1.3 - Area Charges, Everwood �f Addition Deve%pment - Single Area Char es Total Per Lot Sanita Area Char e $14 860 $1486 Water Area Charge $17,025 $1,703 Storm Area Char e- Sin le Famil 36 035 3 603 Total Area Char es 67 919 6 792 CITY FEES The below referenced fees also apply to this project and are listed in the 2013 City Fee schedule: Table 1. 4— City Fees, Everwood 4 Addition Deve%pment - Single Family Fee Total PerLot Ci Su lied Pole & Luminaires 4 500 $450 Street Light Utili and Surcharge $588 $59 Park and O en S ace Identification Markers 1 035 104 Seal Coatin : Streets 1 535 $154 Seal Coatin : Bituminous Trails $1 953 $195 Total Fees $9 611 $961 Evenvood 4 Addition - Street and Uti/itylmprovements 7 DEVELOPER COST SUMMARY The following table summarizes the developer's costs for this project. These costs are the developer's costs only for the Everwood 4 Addition. Table 1.5 - Deve%pers Cost Summary, Everwood � Addition Deve%pment - Single Site Im rovement Total Per Lot General 16 175 1 618 Sanita Sewer $67 085 6 709 Water Main $2 600 2 756 Services $14 910 1 491 Storm Sewer $167 014 $16 701 Street Im rovements 80 415 $7 997 Bituminous Trail $142 688 $6 571 Street Li htin 12 745 1 275 Concrete Sidewalk $29 249 $2 925 Mulch Trai) 45 825 4 583 Pondin Credit 24 571.36 2 457 Bituminous Trail Credit $120 485 12 049 Concrete Sidewalk Credit 29 249 2 925 Total Est. 2013 Construction Costs 404 400 40 440 Area Char es Sanita Area Char e 14 860 1 486 Water Area Char e* 17 025 1 703 Storm Area Char e- Sin le Famil 36 035 $3 603 Total Area Char es 67 919 6 792 Ci Fees Ci Su lied Pole & Luminaires $4 500 $450 Street Li ht Utili and Surchar e $588 $59 Park and Open Space Identification Marker 1 035 104 Seal Coatin : Streets $1 535 $154 Seal Coatin : Bituminous Trails 1 953 $195 Total Fees $9 611 $961 Total Est. Costs 481 929 FINANCING The developer will finance the costs for all public improvements for the proposed Everwood 4 Addition Development including all applicable Area Charges and other City fees described in this report. The developer will also be responsible for costs associated with testing, surveying and inspection. Evenvood 4 Addition - Street and Uti/ity Improvements 8 RECOMMENDATIONS TO COUNCIL It is the finding of this report that the proposed improvements are necessary, feasible and cost effective. The following recommendations are made: ■ Adopt this report as the guide for development of the proposed improvements. ■ The Developer installs the public improvements with construction being substantially completed by November 15, 2014. � The Developer install the final lift of bituminous for the streets after three years or after 90% of the homes in the development have been constructed. ■ No concrete curb shall be placed after October 15, 2014. REQUEST FOR COUNCIL ACTION ■ Order the preparation of Plans and Specifications for this project. PROJECT SCHEDULE The project schedule is for the Everwood 4 Addition is as follows: Development Agreement to Counci) November 6, 2013 Site Grading Begins April 2014 Utility Construction Begins May 2014 Substantial Completion* November 2014 *Everwood Addition Final Street Construction will occur upon 90% build out of the homes in the project, or no later than the third year after construction. Evenvood 4 Addition - Street and Utility Improvements 9 �� _-,, �/ Everwood 4th Addition - Preliminary Cost Estimate Item PART 1 - GENERAL Total Est. Est. Unit Quantity Unit Cost Total Cost 1 MOBILIZATION LS 1.0 $3,000.00 $3,000.00 2 TRAFFIC CONTROL LS 1.0 $2,000.00 $2,000.00 3 STREET SWEEPER WITH PICK UP BROOM HR 5.0 $125.00 $625.00 4 TEMPORARY HYDROMULCH AC 1.6 $2,000.00 $3,200.00 5 SEED AND HYDRO MULCH AC 1.6 $2,500.00 $4,000.00 6 TOPSOIL BORROW (LV) CY 190.0 $15.00 $2,850.00 7 BIOROLL LF 250.0 $2.00 $500.00 Total Part 1- General $16,175.00 PART 2 - SANITARY SEWER 8 8" PVC SANITARY SEWER PIPE, SDR 35, 10-15' DEEP 9 8" HPDE SANifARY SEWER PIPE, DIRECTIONAL DRILL 10 4' DIA SANITARY MN, INCI. R-1642-B CSTG & HDPE ADJ. RINGS 11 4' DIA SANITARY MANHOLE OVERDEPTH 12 CONNECT EXISTING SANITARY SEWER TO MANHOLE 13 TELEVISE SANITARY SEWER 14 ADJUST FRAME & RING CASTING 15 8"X4" PVC WYE, SDR 26 16 IMPROVED PIPE FOUNDATION Total Part 2- Sanitary Sewer LF 650.0 $35.00 $22,750.00 LF 390.0 $50.00 $17,000.00 LF 6.0 $2,700.00 $16,200.00 LF 25.0 $150.00 $3,750.00 en i.o �i,000.00 gi,000.00 LF 990.0 $1.50 $1,485.00 EA 6.0 $350.00 $2,100.00 en io.o �iso.00 �i,soo.00 LF 650.0 $2.00 $1.300.00 $67,085.00 PART 3 - WATER MAIN 17 8" GATE VALVE AND BOX EA 1.0 $1,800.00 $1,800.00 18 CONCRETE HYDRANT ACCESS PAD EA 2.0 $400.00 $800.00 Total Part 3- Water Main $2,600.00 PART 4 - SERVICES 19 4" PVC, SCH. 40, SANITARY SERVICE PIPE LF 380.0 $12.00 $4,560.00 20 4" PVC, SCH. 40, SANITARY RISER PIPE LF 50.0 $15.00 $750.00 21 1" CORPORATION STOP EA 11.0 $125.00 $1,375.00 22 1" CURB STOP & BOX EA 11.0 $175.00 $1,925.00 23 1"7YPE"K" COPPER WATER SERVICE LF 350.0 $18.00 $6,300.00 Total Part 4 - Services $14,910.00 PART 5- STORM SEWER AND STORM WATER MANAGEMENT SYSTEM 24 REMOVE AND DISPOSE 12" TEMPORARY HDPE PIPE lF 175 $5.00 $875.00 25 REMOVE AND DISPOSE 48" DIA. STRUCTURE W/ORIFICE, DRAIN TILE AND 10" OUTLET LS 1.0 $2,500.00 $2,500.00 PIPE 26 SALVAGE AND REINSTALL RIP-RAP CY 8.0 $50.00 $900.00 27 12" RCP STORM SEWER, CLASS 5 LF 130.0 $30.00 $3,900.00 28 15" RCP STORM SEWER, CLASS 5 LF 850.0 $35.00 $29,750.00 29 18" HDPE STORM SEWER, DIRECTIONAL DRILL LF 320.0 $75.00 $24,000.00 30 15" RCP FLARED END SECTION, INCL. TRASH GUARD EA 2.0 $1,500.00 $3,000.00 31 18" RCP FLARED END SECiION, INCL. TRASH GUARD EA 1.0 $2,000.00 $2,000.00 32 CLASS III RANDOM RIPRAP W/FABRIC CY 60.0 $100.00 $6,000.00 33 2'x3' CB, INCL. R-3290-V CSTG. AND HDPE AD]. RINGS EA 2.0 $1,500.00 $3,000.00 34 4' DIA STORM SEWER CBMH, INCL. R-3290-V AND HDPE ADJ. RINGS EA 3.0 $2,000.00 $6,000.00 35 4' DIA STORM SEWER MH, INCI. R-1642-B AND HDPE ADJ. RINGS EA 2.0 $2,000.00 $4,000.00 36 5' DIA STORM SEWER CBMH, W/SUMP, INCL. R-1642-B AND HDPE ADJ. RINGS EA 1.0 $3,500.00 $3,500.00 37 POND O�TLET STRUCTURE EA 2.0 $3,000.00 $6,000.00 38 IMPROVED PIPE FOUNDA7ION LF 1300.0 $2.00 $2,600.00 39 PROTECTION OF CATCH BASIN IN STREET EA 5.0 $250.00 $1,250.00 40 6" PERFORATED PVC DRAIN TILE, SCHEDULE SDR 26 - HARDWOOD AVENUE LF 950.0 $20.00 $19,000.00 41 ClEANOUT - HARDWOOD AVENUE EA 6.0 $250.00 $1,500.00 42 COMMON EXCAVATION (P) - HARDWOOD AVENl1E CY 458.0 $6.00 $2,748.00 43 FINE FILTER AGGREGATE - HARDWOOD AVENUE CY 357.0 $30.00 $10,710.00 44 GRADE 2 COMPOST - HARDWOOD AVENUE CY 153.0 $35.00 $5,355.00 45 POND LINER (P) - HARDWOOD AVENUE CY 704.0 $25.00 $17,600.00 46 7URF REINFORCEMENT MAT - HARDWOOD AVENUE SY 1721.0 $6.00 $10,326.00 47 SEEDING, MNDOT 328 MIX, INCL SEED & FERTILI2ER - HARDWOOD AVENUE AC 0.5 $Z,000.00 $1,000.00 Totat Part 5- Storm Sewer and Storm Water Management System $167,014.00 Page 1 of 3 Total Est. Est. Item Unit Quantity Unit Cost Total Cost PART 6 - STREETS 48 SAWING BITUMINOUS PAVEMENT LF 25.0 $4.00 $100.00 49 REMOVE BITUMINOUS PAVEMENT SY 670.0 $3.00 $2,010.00 50 REMOVE CONCRETE CURB AND GUTTER LF 20.0 $5.00 $100.00 51 SUBGRADE EXCAVTION (EV) CY 130.0 $8.00 $1,040.00 52 SUBGRADE PREPARATION - STREET SY 13830.0 $1.00 $13,830.00 53 4" PVC, SCH. 40, 3 CONDUIT PRNATE UTILITY CROSSING LF 60.0 $9.00 $540.00 54 A6GREGATE BACKFILL CY 630.0 $8.00 $5,040.00 55 AGGREC�ATE BASE, CIASS 5, 100% CRUSHED TN 1000.0 $14.00 $14,000.00 56 2.0", 7YPE SP 12.5 NON-WEARING COURSE MIXTURE (2,8) TN 275.0 $65.00 $17,875.00 57 BITUMINOUS WEDGE LF 1070.0 $3.00 $3,210.00 58 B618 CONCRETE CURB AND GUTTER LF 1070.0 $12.00 $12,890.00 59 SIGN PANNEL, NPE C SF 10.0 $45.00 $450.00 60 CONCRETE DRIVEWAY APRONS SF 1100.0 $5.00 $5,500.00 61 CONNECT DRAIN TILE TO STRt1CTURE EA 5.0 $200.00 $1,000.00 62 9" PERFORATED PVC DRAIN TILE, SDR 26 LF 360.0 $8.00 $2,880.00 Total Part 6 - Streets $80,415.00 PART 7- BITUMINOUS TRAILS 63 SILT FENCE, TYPE MACHINE SLICED LF 3320.0 $3.00 $9,960.00 64 COMMON EXCAVATION (P) - TRAIL CY 3380.0 $14.00 $47,320.00 65 GEOTEXTILE FABRIC SY 3690.0 $1.75 $6,457.50 66 AGGREGATE BASE, CLA55 5, 100% CRUSHED TN 1400.0 $16.00 $22,400.00 67 TYPE SP 9.5 WEARING COURSE MIXTURE (2,B) TN 490.0 $75.00 $36,750.00 68 SAIVAGE & RESPREAD TOPSOIL BORROW (LV) CY 2520.0 $5.00 $12,600.00 69 TEMPORARY HYDROMULCH AC 1.6 $2,000.00 $3,200.00 70 SEED AND HYDRO MULCH AC 1.6 $2,500.00 $4,000.00 Total Part 7- Bituminous Trails $142,687.50 PART 8 - LIGHTING 71 ASSEMBLE AND INSTAIl CITY SUPPLIED LUMINAIRE AND POLE EA 3.0 $750.00 $2,250.00 72 CONCREIE POLE BASE EA 3.0 $1,200.00 $3,600.00 73 CONNECTTO FEEDPOINT EA 1.0 $1,700.00 $1,700.00 74 #6 AWG WIRE LF 1460.0 $1J5 $2,555.00 75 HANDHOLE EA 1.0 $700.00 $700.00 76 1.5" NON-METAILIC CONDUIT LF 485.0 $4.00 $1,940.00 Total Part 8 - Lighting $12,745.00 PART 9 - CONCRETE SIDEWALK 77 COMMON EXCAVATION (P) - SIDEWAIK CY 215.0 $14.00 $3,010.00 78 GEOTEXTILE FABRIC SY 645.0 $1.75 $1,128.75 79 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 145.0 $16.00 $2,320.00 80 6" CONCREfE SIDEWALK SF 4055.0 $5.00 $20,275.00 81 CONCRETE PEDESTRAIN CURB RAMP SF 160.0 $5.00 $B00.00 82 TRUNCliTED DOME SURFACE SF 20.0 $45.00 $900.00 83 TOPSOIL BORROW (LV) CY 25.0 $15.00 $375.00 88 SOD SY 110.0 $4.00 $440.00 Totai Part 8- Concrete Sidewalk $29,248.75 PART 10 - MULCH TRAIL 89 CIEARING AND GRUBBING LS 1.0 $15,000.00 $15,000.00 90 SITE GRADING LS 1.0 $10,000.00 $10,000.00 91 ENGINEERED MULCH LF 690.0 $6.00 $4,140.00 92 18" RCP STORM SEWER, CtA55 5 LF 60.0 $45.00 $2,700.00 93 18" RCP FLARED END SECTION, INCL. TRASH GUARD EA 4.0 $2,000.00 $8,000.00 94 TEMPORARY HYDROMULCH AC 0.5 $2,000.00 $1,000.00 95 SEED AND HYDRO MULCH AC 0.5 $2,500.00 $1,250.00 96 EROSION CONTROL BLANKET, CATE60RY 3 SY 2490.0 $1.50 $3,735.00 Total Part 8- Mulch Trail $45,825.00 Total Part 1 - General $16,175.00 Total Part 2- Sanitary Sewer $67,085.00 Total Part 3- Water Main $2,600.00 Total Part 4 - Services $14,910.00 Total Part 5- Storm Sewer and Storm Water Management System $167,014.00 Total Part 6 - Streets $80,415.00 Total Part 7- Bituminous Trails $142,687.50 Total Part 8 - Lighting $12,745.00 Total Part 9- Concrete Sidewaik $29,248.75 Total Part 30 - Mulch Trail $45,825.00 Est. Total Construction Costs $578,705.25 Est. Indirect Costs (30%) $0.00 Bituminous Trall Credit ($91,041.25) Concrete Sidewalk Credit ($29,248.75) Est. Total Project Costs $458,415.25 2013 Est. Escrow (125%) $573,019.06 Final Streets Escrow (125a/o) $41,864.50 Total Escrow $614,883.56 Page 2 of 3 Total Est. Est. Item Unit Quantity Unit Cost Total Cost SITE GRADING AND EROSION CONTROL ITEMS: (DEV RESPONSIBILI7'Y) 1 SITE GRADING RESTORATION: RE-SPREAD TOPSOIL (P) CY 1425.0 $2.00 $2,850.00 2 SITE GRADING RESTORATION: MnDOT 250 SEED & MULCH AC 5.3 $650.00 $3,451.50 3 MISC. SITE GRADING LS 1.0 $3,000.00 $3,000.00 4 EROSION CONTROL - TEMP. ROCK CONSTRUCTION ENTRANCE EA 2.0 $1,000.00 $2,000.00 5 EROSION CONTROL - SILTFENCE, MACHINE SLICED LF 1400.0 $3.00 $4,200.00 6 STREET SWEEPER WITH PICK UP BROOM HR 3.0 $125.00 $375.00 7 POND MAINTENANCE & CLEANING LS 1.0 $2,000.00 $2,000.00 ToWI $17,876.50 Est. Escrow (125%) $22,345.63 4TH ADDITION FINAL STREETS: (DEV RESPONSIBILITY AND COVERED IN FINAL STREET PLANS) 1 REMOVE AND MILL BITUMINOt1S WEDGE SY 950 $2.00 $1,900.00 2 REMOVE & REPLACE CONCRETE CURB & GUTTER (PRIOR TO WEAR COURSE PAVING) LF 160 $20.00 $3,200.00 3 AD)UST SANITARY FRAME & RING CASTING EA 3 $900.00 $1,200.00 4 ADJUST STORM FRAME & RING CASTING EA 1 $400.00 $400.00 5 ADJUST WATER MAIN GATE VALVE EA 2 $250.00 $500.00 6 1.5" 7YPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 160 $80.00 $12,800.00 7 BITUMINOUS MATERIAL FOR TACK COAT GAL 138 $4.00 $552.00 Total $20,552.00 Est. Escrow (125%) $25,690.00 iST & 3RD ADDITIONS FINAL STREE7S: (DEV RESPONSIBILITY AND COVERED IN PINAL STREET PLANS) 1 REMOVE AND MILL BIiUMINOUS WEDGE SY 1,195 $2.00 $2,390.00 2 REMOVE & REPLACE CONCRETE CURB & GUTTER (PRIOR TO WEAR COURSE PAVING) LF 315 $20.00 $6,300.00 3 AD7UST SANITARY FRAME & RING CASTING EA 8 $400.00 $3,200.00 q ADJUST STORM FRAME & RING CASTING EA 5 $400.00 $2,000.00 5 ADJUST WATER MAIN GATE VALVE EA 2 $250.00 $500.00 6 1.5" 7YPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 285 $80.00 $22,800.00 7 BITUMINOUS MATERIAL FOR TACK COAT GAL 350 $4.00 $1,q00.00 Total $36,590.00 Est. Escrow (125%) $48,237.50 Escrow Currently Being Retained $32,063.00 $16,174.50 NORTHERN TRAIL SEGMENT 1 SILT FENCE, TYPE MACHINE SLICED LF 2105.0 $3.00 $6,315.00 2 COMMON EXCAVATION (P) - TRAIL GY 2200.0 $14.00 $30,800.00 3 GEOTEXTILE FABRIC SY 2335.0 $1.75 $4,086.25 4 A6GREGATE BASE, CIASS 5, 100% CRUSHED TN 890.0 $16.00 $14,240.00 5 7YPE SP 9.5 WEARING COURSE MIXl11RE (2,6) TN 310.0 $75.00 $23,250.00 6 SAIVAGE & RESPREAD TOPSOIL BORROW (LV) CY 1580.0 $5.00 $7,900.00 7 TEMPORARY HYDROMULCH AC 1.0 $2,000.00 $2,000.00 8 SEED AND HYDRO MULCH AC 1.0 $2,500.00 $2 450.00 NORTHERN TRAIL SEGMENT $91,041.25 Page 3 of 3 FIGURES _ - _ � ,aTwf,! ..� � : ^3" z -: r�. 17`� .Fr �'yr � . r `� - i �K , x �p'. 'G � . .'.\ ��_�... /;;. �,' �'� i �• ' �. `� "`' ..�. � � .s �6� + .. � +f ,0. � � . _ �,� , ^` �r�c d �(.� r' �,as'Sa - �. <jit�, � ^ - �. 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'�' � Z L � �N90�OQ��W� � J � � �y ��/6��d SH6 �. �`ifL�� o�� M r — — — 130.07 — — — p1 Datail �.� �y� ai � f., �,�� '' �. �� 4 fT � � .�� rn ; � �� o ;; � �� , rn �_ m� � :� �a� � OUTLOT A , �� . , 4 �,� � ��. 2 �` Drainage and Utility Easementa are shown thus: II 5 �{ o � 0 ---�—J L—�--- Being 5 feet in width and adjoining lot Iines, unlesa otherwisa shown, and 10 feet in width and adjoining street lines as ahown on the plat. O Denotes 1/2 inch by 14 fnch iron pipe with plastic cap inscribed MN PLS 14376 has been aet or will ba set fn accordanca with MS 505.021, Subd. 10. • Denotea 1/2 inch by 14 fnch iron pipe monument found and marked by PLS No. 14376, unleas otherwiae noted. The orientation of this bearing systam is basad on tha Washington County Coordinate System. (NAD 83) � � — E cn 11= � Ng1°OS'47" c�r �' 165.8 � �� ' �� I cn — — rr � � l i � 2 �, ��e: Rs 3�•0� .35 �; ��.a' ,.�s41s � '� 1� � • � , � 0$ Zg°10 5 -;' ��29.51 � ` �— — — — — — — — — — J � � � S80�D��QD�E � � -- 14.5.63 -- � � N � � /� I �" �� L � � ��ry � �i �:. � NE 1/4 ` N � O\ � \ �� \ , s `�s O� (cs�w No. sz) �7� $It@ �° � � SE 1/4 a° y NW 1/4 � sw �/4 vTcinity Map Not fo Soale Sec. 7 ond 8, T. 27, R. 21 1 � • 9� •o, 3 0 O 0 O 0 O � 0 � � N M KNOW ALL PERSONS BY THESE PRESENTS: That MJR Developers, LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Washington, State of Minnesota, to wit: Outlot A, EVERWOOD 3RD ADDITION, according to the record plat thereof. Has caused the same to be surveyed and platted as EVERWOOD 4TH ADDITION and do hereby donate and dedicate to the public for public use forever the public way as shown on this plat, and also dedicate the easements created by this plat for drainage and utility purposes only. In witness whereof said MJR Developers, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20 MJR DEVELOPERS, LLC Mike J. Rygh, Chief Manager STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by Mike J. Rygh, Chief Manager of MJR Developers, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public, County, Minnesota My Commission Expires I hereby certify that I have surveyed and platted or directly supervised the survey and plat preparation of the property described on this plat as EVERWOOD 4TH ADDITION; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been or will be correctly set within one year as indicated on the plat; that all water boundaries and wet lands as defined in MS 505.01, Subd. 3 existing as of the date of this certification are shown and labeled on the plat; that all public ways are shown and labeled on the plat. Jeffrey D. Lindgren, Land Surveyor Minnesota License Number 14376 STATE OF MINNESOTA COUNTY OFDAKOTA The foregoing Surveyor's Certificate was acknowledged before me this Notary Public, Dakota County, Minnesota My Commission Expires day of , 20 by Jeffrey D. Lindgren, Land Surveyor. CITY OF COTTAGE GROVE, MINNESOTA This plat was approved by the City Council of Cottage Grove, Minnesota this _ requirements as set forth in Minnesota Statutes, Section 505.03, Subdivision 2. Signed: Mayor WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this e Washington County Surveyor WASHINGTON COUNTY AUDITOR/TREASURER There are no delinquent taxes, the current taxes due and payable for the year , 20 e Washington County Auditor/Treasurer day of , 20 , and hereby certifies compliance with all Signed: day of , 20 e Assistant County Surveyor WASHINGTON COUNTY RECORDER Document Number I hereby certify that this instrument was filed in the office of the County Recorder for record on this _.M., and was duly recorded in Washington County Records. e Washington County Recorder 50 0 50 100 Scale in 1 Inch = 50 iF:� Feet Feet Clerk 20 at day of o'clock /'�/EDLU/VD PLANN/NG ENG/NEER/NG SURI/£Y/NG O�/ a �� 3j 2 V � \�� ' I � . N -�� \ p ��t3� I! `� �` � i,,� �Z \\ �/� �' \ •p N �N I �, i 5 N� o� I �sn.. � o � ��, \° � �, e o\��, w \°� � ?) �� o � ° 6 '� cr� \� h p s o .. �L �---- t� O � L--------� o -- o � �p� o 0 119.50 S89°49'19"W o�, 120.34 S89°49'19"W l Z day of have been paid, and transfer has been entered this e Deputy e Deputy e STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF COTTAGE GROVE ) ) ) Receipt#: 34465 RE5 GRV Filed No Delinquent Taxes Transfer Entered Retum to: CIN OF COTfAGE GROVE 7516 80TH ST S GOTTAGE GROVE MN 55Q16 3641298 $46.aQ Certified Filed and/or recorded on: 4l3012007 9:58 AM 3641298 O�ce of the County Recorder Property Records & Taxpayer Services Washington County, MN Kei+inJCorhi�l Cnunh�Rerorder I, the undersigned, being the duly qualified and acting City Clerk of the City of Cottage Grove, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copies of Resolution No. 06-196 of the City of Cottage Grove with the original on file in my office and the same is a full, true and complete transcript therefrom. WfTNESS, my hand as such City Clerk and the corporate seal of the City this 23rd day of April, 2007. �-�� - �- Caron M. Stransky U � City Clerk - � � �� ' � �-,. <�' � „� SEqt��. , a , : ., ":. � . • - G:1planning�2006\Planning Cases\043CP Evenvood-ju1241043CP Everwood Res. No. 06-196 Recording Cover.doc RESOLLITION NO. 06-196 RESOLUTl�N APPROVfNG TH� PRELtMfNARY PI..AT NAM�D EVERWOOD ADDITfON WHEREAS, MJR Qevelopers has applied for a preliminary plat for subdivision to be known as Everwood Addition. The development, which wiil 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. ofi Section 8, Township 27, Range 21, Washingfon County, Minnesofa, described as commencing at a point ori the west line of said Southwest Quarter of the Southwest Quarter of Section 8 distant 33.OQ feet South af the northwest corner of said Sauthwest Quarter of the Southwest Quarter, thence North 89 degrees OQ minutes 10 second East, assumed bearing, along a line parallel with the north line of said Southwest Quarter of fihe Soufihwest Quarter of Secfiion 8, a distance of 561.Q0 feef ta 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 northerfy line of Parcel 43C, Minnesota Department of Transportation Right of Way Plat No. 82-2�; thence North 73 degrees 11 minutes 53 seconds West, along said most northerly [ine of Parcel 43C, a distance of 507.10 feet ta sa.id west line of the Southwest Quarter of the Southwest Quarter; thence. North 0 degrees 37 minutes 41 seconds West, along said west fine of the Soufihwest Quarter af the Southwest Quarter, a distance of 734.66 feefi to said norfhwest corner of said Southwest Quarter of the Southwest Quarfer of Section 8; thence North 89 degrees 00 minutes 1 D seconds East, along said north line of the Southwest Quarter of the Southwest Quarter of Section 8 a distance of 556.74 fee# 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: Ail tha# part of the Southeast Quarter of the Southeast Quarter of Section 7, Township 27, Range 21, Washington County, �Vlinnesota which lies northeasterly Resolufion No. 06-196 Page. 2:of 5 of the following described Iine: Beginning at a point on the north line of said Southeast Quarter of the Soufheast Quarfer which is 92.85 feet west from the nortfieast corner of said Southeast Quarter of the Sflufheast Quarfer; thence south�ast�rly to a poinf on the east line of said Sou#h�ast Quarter of the Southeast Quarter, thence soutl�easteriy to a point on the east line of said Sautheast Quarter of the Southeast Quarter which is 92.85 feet south of said northeast corner and there terminating, Parcei 3: The East Half of the Norfheast Quarter of the Southeast Quarter of Section 7, Township 27, Range 21, Washingfon County, Minnesota. Parcel 4: The Norfhwesf Quarter of the Soufihwest Quarter of Section 8, Township 27, Range 21, Washington County, Minnesota, Except the East 726.01 feef. WHEREAS, MJR Deve(opers also applied for a co►nprehensive plan amendment to expand the Metropolifan Urban Services Area (MUSA) boundary and to change the land use from Rural Residential to Mixed Use for low density residential and cam►nercial development, and a zoning amendment to change the zoning from R-2, Residential Estate, to R-2.5, Residentia(; 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 Commissian held a public hearing on these applications on August 28, 2006; and WNEREAS, 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 P(anning Commission, on a f-to-2 vote, recommended approval ofithe preliminary plat for Everwood Addition, subject to certain. conditions. NOW, THEREFORE, BE IT RESOLVEq, fhat the City Council af the City of Cottage Grove, Washington County, Minnesota, hereby approves the preliminary plat applicafion filed by MJR Develapers fior Everwood Addifion, 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 p[at dated September 14, 2006, except for additiona( required easements. Resolution No. 06-196 Page 3 of 5 2. The developer must petition fhe City for public improvements and enter into a subdivision agreement with the City for the instalfation of and payment for all pubiic improvemenfs in the subdivision and adjacent public roadways, pursuant to Title 1fl of the City Code. 3. The approvals are subject fo applicant receiving appropriate written approvals from the Minnesota Land Trus# and any required judiciary approval. 4. The applicant receive appropriate building permits from the City, and permits or approvals .from other regulatory agencies inciuding, but not limited to, fhe South Washington Watershed Districf, DNR, and the Minnesota Po(lution Control Agency. 5. The revised grading and utility plan must be submifted to Cify staff for review and approval prior to the submission o# the final plat plan applications to #he City. All emergency overflow swales must be identified on the grading and erosion control plan. Drainage calculations musfi be submifted prior to City Counci) review of the preliminary plat. 6. The applicant must submit a fina! construction managemen# plan that includes erosion controi measures, project phasing for grading work, areas designated for preservatian, a crushed-rock construcfion entrance, and construction-rela#ed vehicle parking for sfaff review and approval prior to issuance of a grading permit. 7. A pre-construction meeting with City staff and the confiractor must be held before site work begins. The contractor will provide the City with a project schedule far the various phases of canstruction. 8. �rosion control devices must be installed prior to commencement of any grading acfivity. Erasion control shall be performed in accordance with the recommended pracfices of the "Minnesota Construction Site Erosion and Sediment Contral Planning Handboak" and the conditions stipcalated 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. Outlo#s A, B, and C must be conveyed to fhe City of Cottage Grove at the time of recording of the final piat. 11. The boundaries of Outlofs A, B, and C will be identified in accordance with required pubfic property monument policies. Resolution No. 06-196 Page 4 of 5 12. A temporary public trailway easement documenfi for the recreational frail located on Out[ot D be created by the applicant and recorded with Washingfon Couniy at the time of the recording of the final plat. 13. A permanent public trailway easement document for the finai recreaEional trai{ (ocation on Outlpt D must be created by the applicant and recorded with Washington County at the time of the development of Outlot D. 14. ['ark dedication requirements wiil be rriet through a cash payment for the 29 Iofs, with the total amount based on fees in effect at fhe 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-foof concrete sidewalk con#orming to City standards along Hardwood Avenue and East Aoint Douglas Raad. 16. The developer must insta(I a wood chip recreational trail and eight-foot wide bituminous pathways as determined on the final grading pian in Outlots A, B, and C. The applicant will pay 100 percent af the cost for development of recreation trails on all pub(icly dedicated land. 17. Tree mitigation is required in accordance with ordinance criteria. 18. There must be a total of four yard frees and ten shrubs an each residential lot. 19. The applicant must hire a city-approved arboris# to assist with all facets of tree preservafion on the site. The arborist will supervise installation and maintenanca of tree preservation fencing and the tree and brush removal process.. Mitigative measures to aid in preservation of tr�es siated to remain will occur based upon the recommendations of the arborist. Should frees designa#ed for preservation be removed, the applicanf will rep(ace the trees in accordance with the ordinance criteria. Trees designated for preservation which are found to be harmed, dis- eased, ar dying, or are not suited for focation into the project may be removed based upon the recommendation of the arb.orist in agreement wifh the City and the applicant. Trees removed wilf be replaced as required by ordinance. The developer must install snow fencing or similar fencing material around all trees or groups ofi trees thaf are to be preserved prior to any grading acfivify on the site. 20. The appficant must submit appropriate engineering information for retaining walls. Any fencing on retaining walls musf be decorative and subject to staff review and approval. 21. A stop sign musf be installed at any (ocations deemed appropriate by the city engineer based on the sign installation requirements adopted by the cify. 22. The street names identified on fhe fina! plat must be consistent with the street names in the existing residential development. Resolution No. 06-196 Page 5 of 5 23. All monument signs must comply with the Cify's Sign Ordinance and only be placed on private property. The Homeowners Association is responsible for the maintenance of all signs. 24. 25. The applicant must submit private covenanfs which detaifs the following: o The homeowners association is responsible for all ownership and maintenance of landscaping improvements, fencing, and outlots as depicted an the final plat. • Monument.s9gns will be maintained by the homeowners association. • Any fencing provided on the site will be canstructed af materials that are uniform in design and color. • Ail 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 canservation easement. The developer must advise horrtebuyers fihat they are responsible to maintain the boulevard area that abuts their property all the way to the curb of the street. 26. 7he devefoper is responsible for street sweeping responsibilities or the costs fbr the entire designated construction haui route to 70th Sti�ee# during the deve(opment of the subdivision. 27. The final plaf 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. '� � � -� . S ndra 5hiely, Mayor � Atfest: C'_-�'i�N� l' 1-� /�" 1 ��z-�[—GC/Y e Caron M. Stransky, �ity Clerk