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CAS-14_THE PRESERVE AT BLUFF CREEK 2ND ADDITIONItem Descrlpdon Non -Scannable Item C -Folder Number ` 1" Folder Name Job Number Box Number ©© �..i®The Preserve sBluff Creek 2nd Add'N'on � _— Date: \`. YYestwooda�SNrnce s. TWIN CITISS IT II.IJ.� CITY OF CHANAAS3EN 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone 952 2271120 C tc - 4 2nd Acldn September 12, 2011 Gayle and Lois Degler 541 Pineview Court Chanhassen, MN 55317 Re: Outlets A & H, The Preserve at Bluff Creek 2"d Addition Dear Gayle & Lois: Attached please find the documents you requested regarding the transfer of the above - referenced property to the City: • Recorded copy of Trustee's Deed • Recorded copy of Quit Claim Deed • The Preserve at Bluff Creek 2"d Addition Final Plat Signature Page • The Preserve at Bluff Creek 2"d Addition Final Plat • Development Contract The Preserve At Bluff Creek 2"d Addition If you have any questions, please feel free to contact me. Fax: 952.227.1110 Sincerely, ,,{{ !t�x Recreation Center � Lk 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.140,t._ 52.227.140 odd Gerhardt Planning & City Manager Natural Resources Phone: 952.227.1130 TG:ktm Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us Enclosures g:\plan\2006 planning cases\06-14 the preserve\final plat documents -2nd addition\degler property donation letter.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow {CANNED 43/131►► Leo Ge rc, Id PA." Document PID. OFFICE OF THE A 470932 COUNTY RECORDER CARVER COUNTY. MINNESOTA Fee: $ 46.00 ChecW: 17679 CedtTled Re x ch d on og p4-2007 at 01:30 0 AMf✓J PM qq TRUSTECarPLkp 410932 W 1 Ave. ; PIkA- Tneeto Cote' II'I��IIIIII��II III County Recaderr No delinquent taxes and career entered; Certificate of Real F,slatc Value El died aotrequirod Certificate of Real reale Vain No. __j - y _ 200_ County Auditor A By Deputy SPATE DEED TAX DUE HEREON: Date: July 3 2007 FOR VALUABLE CONSIDERATION, Gayle O. Degler and Lois J. Degler, as Trustees of the Coyle O. Degler Trust, and Lois J. Degler and Gayle O. Degler, as Trustees of the Loa J. Degler Trust, Gnomes, hereby canny and quitclaim to The C=ity of Chanhassen, a Minnesota municipal corporation, Grantee, met property in Carver County, Minnesota, described as follows: Culture A and H, The Preserve at Bluff Creek 2"a Addition, Carver County, Minnesota, together with all hereditanards and appunenances belonging thereto. Nsdla`ots—/. UJ pay on fi-Y--02moal Consideration for this conveyance is less than $500.00. 0onanadon Fee Paid LOIS J. DEGLER TRUST GAYLE O. DEGLER TRUST Carver CauveryA r / , / Lois f. Degler, (YDegler, By -j" s Gayle 4Y. DcglwTrus*e I STATE OF MINNESOTA ) )as COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 3 day of July, 2007, by Gayle O. Degler and Lois J. Degler, as Touters of both the Gayle O. Deglcr Trust and the Loa J. Deglor Trust, on behalrofbotha c" st JOANN K. BERG NotaryPUE6c II// pp,� MlarcaW AlAiIM— J"l. 4.W p N casm�mme .�a.aDn Nkry Public THIS INSrRUMErr WAB DRAFfCD BY: Tax Suvemwrs for the real property described in wINTHROP A WEINSTINE, P.A. (ELM) this instrument should be sent to: 725 South Sixth Stmt, Suitc 3500 Mirmsepulis, MN 55402 (6121 604-6400 9aLal.r RQtU rn }D'. fR'TCO Thi City of Chanhassen 770D Mortal Blvd. P.O. Box 147 Chanhmct4 MN 55317 Document No. OFFICE OF THE Pio# A 470935 CCKJNTY RECORDER CARVER COUNTY, MINNESOTA No dei quent Luxes and transfer entered: Certificate of Real Estate Value( ) riled (y1 Not Required Fee: S 46.00 ChedCi: CRV # G-1/ 20 Czttifed Recorded on 09-04-2007 at 01:30 AM PM 00935 �c+rn�a Carver County Auditor ansn,Jr. SY ' —Deputy I I Carl Coun R rder {� fR.Above¢ResevedCarRcwAvgDzal QUIT CLAIM DEED iS(.(oS Date: t '30M2007 FOR VALUABLE CONSIDERATION, the The Ryland Group, Inc., a Maryland corporation, Grantor, hereby conveys and quitclaims unto The City of Chanhassen, a Minnesota mtmicipat corporation, Cu"aaM real property in Carver County, Minnesota, desraibed as follows: Outlots A and K The Preserve at Bluff Creek 2nd Addition, together with all hereditaments and appurtenances belonging thereto. Consideration paid for this conveyance was $500 or less. The Rylartop, Inc. /J Orad 7axot$� v) paid orn -- J'7 (Data) BY: . Dw�vorvatlor Fee Paid its • 1 l � p wa I� Carver County mor V STATE OF MINNESOTA ) )S5. COUNTY OF HENNEPIN ) The fore oing ins umeat was acknowledged before me this QTMday of 2007, by hvuP �xb IikM the VM4- of The Ryland Group, Inc., a Maryland corporation, on behalf 000f the retio r �- JOHN BERNARD CAROON, In No lic i Plotary Public Minnesota :FWT'CQ aY Cammswn EgdesJauay31, 2D11. �fl)j-(1 WINTHROP & WEINSTINE, P.A. instrument to be sent to: Suite 3500 The City of Chanhassen 225 South Sixth Street 7700 Market Blvd. Minneaoolis. MN 55402 P.O. Box 147 COPY THE PRESERVE AT BLUFF CREEK 2ND ADDITION �. � _ _.� -......._.,....,.,.. �._ e✓ .siva ",....p.rILk YAM WESTWOOD ------� -- ,Y-•------------------------------- - -- i .. ------------- aa� •ii -f1 / r lei t 1-6 h 7• / E '- $p 9 Sl g Fgy / � i � �a} " �r(� SIN • r �q)3 ( �' Y •, t( 1 ii � i yfyl"-;.b '?� � Y p a -g �, ��' • yN �? � / .a�b, % i!ME°Lbnf 'u \4\ `�YT4S•1 �, b' :. � C' /II =9'g (•k pp / Ii1 i ' /; do � •�� _ `' WIt � i z 1 f r Y�t� '�' � Y+; =x'93 • ° � 8 _ Y O Document No. OFFICE OF THE A470931 COUNTYRECORDER CARVER COUNTY, MINNESOTA Fee: $ 46.00 ChecI*: 17679 Certified Recorded on 09-04-2007 at 01:30 E] AM PM tllllllll�lA Cadnson, Jr. Cou ty Recorder CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE PRESERVE AT BLUFF CREEK 2'D ADDITION DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 2. 1. REQUEST FOR PLAT APPROVAL ......... _................... _... _........ .................... _........ SP -1 2. CONDITIONS OF PLAT APPROVAL ......................................... _ .......................... _SP -1 3. DEVELOPMENT PLANS ........ ........................................... _....................................... SP -1 4. IMPROVEMENTS .................................. ................................ ............... ................... SP -2 5. TIME OF PERFORMANCE ................... _................................... »................ _............. SP -2 6. SECURITY ................................................... ... ................ _.... ....................... ............... SP -2 7. NOTICE .................................... ....................................... _... _...................................... SP -3 8. OTHER SPECIAL CONDITIONS ___._ . ...................... _.............. ... ............... _............ SP -3 9. GENERAL CONDITIONS............................................................................................SP-5 9. ,ems' �hl14 6 i 8 IIG 1. RIGiTT TO PROCEED ........ ........... _... _................ ........... ................... .................. _..GC -1 2. PHASED DEVELOPMENT .................. _............... ................. _................ _......... ...... GC- 1 3. PRELIMINARY PLAT STATUS ................................... ....................... ...................... GC -1 4. CHANGES IN OFFICIAL CONTROLS ................................... _........... ...... ................ GC -1 5. IMPROVEMENTS .......................... _.... ....... ............................................................. OC -1 6. IRON MONUMENTS ........... ................. _... ............................ _................. .................. GC -2 7. LICENSE................................................................................._._................_..............GC-2 8. SITE EROSION AND SED24EE N'T CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OROTHER BUILDING...................................................................................GC-2 9. CLEANUP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS...._..............................GC-3 11. CLAIMS ..... ..................................... _..._.................._........................_.........................GC-3 12. PARK DEDICATION............................................................ _..................... ............... GC -3 13. LANDSCAPING . . .......................................... .................... .... _............... _................ GC -3 14. WARRANTY ................................................... ............. :.......... _........ ...... _................ GG4 15. LOT PLANS .................................................... ......................... _................................. GC -4 16. EXISTING ASSESSMENTS ........... ................ _.......... ....................... _..................... GC -4 17. HOOK-UP CHARGES............................................................ ................ _................... GC -4 18. PUBLIC STREET LIGHTING .............................................. _..................................... GC -4 19. SIGNAGE .................. _..................................... ............ ,.............................................. GC -5 20. HOUSE PADS .................................. _._......................................... _... _............... _._.GC -5 21. RESPONSIBILITY FOR COSTS _.... _..... _......... .............................. ..................._.....GC -5 22. DEVELOPER'S DEFAULT .......................... _.... ..................................... _................. OC -6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service ........................................ ...... .............................. _.................... GC -7 C. Third Parties ...................... __.............. ......_...._........._....... ............... ......... ..GG7 D. Breach of Contract ...... _.......... _.......... _..................................................... GC -7 E. Severability ........ _... _..........................................................................._.._.......GC-7 F. Building Permits ............................... ............................................................ ...GC -7 G. Waivers/Amendments................. ..................................................................... GG7 H. Release ...................................... .......... _.................. _.......... ......... _.... ............ GC -7 1. Insurance ...... .................... ............ .... ................................. _............ _........ ....... GC -7 J. Remedies ...... ......................... _........... ............................................ .......... :...... GC -8 IGAssignability ..................................................................................._................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification .............. .................... ........................................................ OC -8 N. Access .................................... ......................................................... _............... GC -8 O. Street Maintenance............................................................. __.......... ............... G48 P. Storm Sewer Maintenance ............. .................................................................. GC -9 Q. Soil Treatment Systems......................................................................_............GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations ................ ..................... GC -9 T. Proof of Title .................................. _............................. _.... _............................ GC -9 U. Soil Conditions ........................... ................................................. _... ............. GG10 V. Soil Correction.................................................... .............................. ............. OC -10 W. Paul Routes ................................... ....... ............................................................... GC -10 X. Development Signs ............ _............................................................................... OC -10 Y. Construction Plans ........................... _................................................................. GC -10 Z. As -Built Lot Surveys._._ ..... ........... ..... .................... ..... _....._.... ......... OC -11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) THE PRESERVE AT BLUFF CREEK 2t'7D ADDITION SPECIAL PROVISIONS AGREEMENT dated May 14, 2007 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, The Ryland Group, Inc., a Maryland corWration (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for The Preserve at Bluff Creek 2"" Addition (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shat l control. The plans are: Plan A: Final plat approved May 14, 2007, prepared by Westwood Professional Services, lnc. Plan B: Grading, Drainage and Erosion Control Plan dated May 14, 2007, prepared by Westwood Professional Services, Inc. Plan C: Plans and Specifications for Improvements dated May 14, 2007, prepared by Westwood Professional Services, Inc. Plan D- Landscape Plan dated May 14, 2007, prepared by Westwood Professional Services, Inc. SP -1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Club and Gutter F. Street Lights G. Site Grading(Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) J. Setting of Lot and Block Monuments 1. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2007. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall famish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City,, or cash escrow ("security") for $899,954.00. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration $ 495,000.00 Sanitary Sewer $ 41,500.00 Watetmain $ 41,500.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 28,000.00 Streets $140,000.00 Sub -total, Construction Costs $ 746,000.00 Engineering, surveying, and inspection (7% of construction costs) $ 52,220.00 Landscaping (2% of construction costs) $ 14,920.00 Street lights and signs $ 5,000.00 Sub -total, Other Costs $ 72,140.00 TOTAL COST Or, PUBLIC IMPROVEMENTS $ 818,140.00 SECURITY AMOUNT (110% of $ 818,140.00) $ 899,954.00 SP -2 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4) the required "record' plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mark Sonstegard The Ryland Group 7599 Anagram Drive Eden Prairie MN 55344 Phone: 952-229-6000 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota .55317, Telephone (952)227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES An .$899,954.00 letter of credit or escrow for the developer -installed improvements, the $127,067.80 cash fee and the fully -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. The cash fee was calculated as follows: Administration fee: 3% of $500,000.00 + 2% of $318,140.00 Street light fee (for electricity): 1 light x $300.00/light Attorney fees: GIS fee: $25.00 (plat) + 20 parcels @ $10.00/parcel Surface Water Management Fee Park Dedication Fee: 12 single family units x $5,800.00/unit Arterial Collector Fee: 2.29 acres x $2,400.00/acre TOTAL, CASH FEES: SP -3 $21,362.80 $300.00 $450.00 $225.00 $29,634.00 $69,600.00 $5,496.00 $127,067.80 B. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL: 1. The lift station and lift station access must be shown on the plans. 2. The right-of-way for the future public street on the south side of Lyman Boulevard at Audubon Road shall be 60 feet. 3. The plans must show the existing intersection of Audubon Road and Lyman Boulevard. 4_ The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek Zed Addition to the cul-de-sac must be revised so that the minimum finished grade is no less than 2%. 5. Homes with a low floor elevation of 935' or lower will require a pressure reducing valve within the house. 6. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. I The $5,496.00 arterial collector fee for this phase must be paid in cash with the final plat. 8. The construction plans must be revised to reflect that private streets will He within outlots, not public right of way. 9. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable. 10. There is a storage building on the property just behind the city's lift station that need to be removed. 11. Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota. 12. To the maximum extent practicable, the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer. 13. Sidewalks to public -streets and within privately owned outlots shall be owned and maintained by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be used by the public. SP -4 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 15. Outlets containing public utilities-watermain, sanitary sewer and storm sewer that . conveys runoff from a public street -must have blanket drainage and utility easements over the outlot. Private utilities (e.g. storm sewer that only conveys runoff from a private street) within outlets shall be owned and maintained by the association. C. PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1. Park and Trail fees for the 2nd Addition are $69,600. 2. The City shall reimburse the developer $216,709.00 for the elimination of five lots in the northwest comer of the site. 3. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall be redesigned to avoid impact to the trees. 4. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: a. Tyne of Slone Time (Maximum time an area can b. Steeper than 3:1 7 days remain open when the area c. 10:1 to 3:1 14 days is not actively being worked.) d. Flatter than 10:1 21 days 5. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. 6. A turf plan shall be submitted to the City indicating the location of sod and seeding areas. 7. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The applicant shall substitute another species with approval from the City. g. The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone. SP -5 9. The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody. 10. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 11. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat recording, is $29,634.00. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase 11 Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -6 CITY7OF CHAN14AS`S`EENN BY: 1 u -t--- �- �r (SEAL) AND: odd Gerhardt, City Manager THE RYLAND GROUP, INC. - -t BY: Wayne Soojian, Vice President STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2007, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. j STATE OF MINNESOTA ) (ss. COUNTY OF jA9W:P9A ) PUBLIC KAREN J.ENGELHARI)T Notary Public -Minnesota The foregoing instrument was acknowledged bcfore me this4:- day of 3ur112� 2007, by Wayne Soojian, Vice President of The Ryland Group, Inc., a NXKKM9= Maryland corporation, on behalf of oo ration• DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, NIN 55317 (952) 227-1100 g2{urA -`o: PftTCO SP -7 ✓lti--- �tiLG��`-- NOTARY PUBLIC JOHN BERNARD CAR DON, III ai Notary e MinnescAa My Conriaion L]ytres Jaa+aY 31, Art EXY-iIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot A and Outlot G, THE PRESERVE AT BLUFF CREEK IST ADDITION, according to the recorded plat thereof, Carver County, Minnesota. CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" �;_1 1. _1 1. Right to Proceed_ Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees; construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional GC -1 engineer furnished to the City and approJcd by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction The City will, at the Developers expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstmction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Staff_ § 505.02, Subd. 1. The Developers surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License, The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible_ All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. GC -2 Ila. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developers engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers. materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with .the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125%u of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attomeys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fes shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, ttees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (2'h) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in' the boulevard (area between curb and property line). In addition to any sod required m a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as abase. Seed or sod shall also be placed on all disturbed areas of the lot. if these improvements are not in place at the time a certificate of GC -3 occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. if the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship_ The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess GC -4 the costs over a four year term at the rates in effect at time of application. If paid with the building permit, the party applying for the building permit is responsible for payment of these fees. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public stmt light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative Fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2Ya%) of construction costs for the first $1,000,000 and one and one-half percent (lrfa%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. GC -5 B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. hi addition to the charges and special assessments referred to herein, Other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These set -vices shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developers Default. In the event of default by the Developer as to any of the work to be performed by it heretmder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City docs any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. GC -6 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. C. Third Parties. Third parties shall have no recourse against the City under this Contract The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The Citys failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering GC -7 personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 1. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K Assignability. bility. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L Construction Hours. Construction hours for required improvements under this contract shall be from 7:00 am. to 6:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. if construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws Ordinances and Regulations. In the development or the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract GC -9 U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill maLerial a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Sians. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x17" reduced construction plan sets and three sets of specifications, Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue line/paper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility lie sheets in either Acc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. GC -10 Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. if the weather conditions at the time of the as -built are not conducive to paving the driveway andlor installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. Rev. 3AIM6 GC -11 no -14 City Council Meeting - May 14, 2007 h. Approval of Three Month Extension to Variance #05-10 for 9015 Lake Riley Boulevard, Laura Cooper. Approval of Temporary On -Sale Liquor License, Chanhassen Rotary Club, Fourth of July Celebration, July 3 & 4. Approve Release from Contract for Private Redevelopment Between the City of Chanhassen and Coeur Terra, LIP. k. Approve Professional Services Agreement with WSB & Associates, Inc., PW009Z. 1. Approval of Agreement with PCI for Temporary Concrete Batch Plant for TH 212 Project. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Debbie Lloyd: Good evening. Debbie Lloyd, 7302 Laredo Drive. I'm going to keep this short but I need to say this now to make it a matter of public record. As you are aware for over 6 years I've watched what's happening with developments within Chanhassen. After shoreland code wasn't properly applied in a subdivision within my neighborhood. It's sad to say that despite bringing information to the attention of the city staff and council that their application of city ordinance to all residents and developers doesn't exist within our borders. It does appear that certain developers are set to higher standards than others. It is the ordinance, it is the city code which puts each one of us on a level playing ground, and I didn't plan that. Thank you. Tonight you have before you the final plat for 2nd phase of the Preserve for approval. As you are aware I did raise questions about this development in an email correspondence. Mayor Furlong: Excuse me Ms. Lloyd. Is this the reason why you pulled that item from the consent agenda? Debbie Lloyd: No. Not in and of itself solely. This relates to something else as well. Mayor Furlong: Alright. Debbie Lloyd: Condition 13 for Addition 1 of the Preserve specifically mentions the construction of Bluff Creek Boulevard improvements to serve the development, and that the development is assessed for this project, but there's no mention of setback. The ordinance requires 50 feet. The setback of 3 homes from Bluff Creek Boulevard is less than what ordinance requires along a collector street and less than what was required of Town & Country, also a PUD established along the very same collector street. When the Preserve was approved the developer claimed no variances were required. The only mention of any setback condition in the report was a 40 foot setback for the primary corridor. That is the Bluff Creek corridor. The exception for the street setback was not stated again. Therefore implied that they were meeting all city standards. The Preserve is a multi -phased development and as such may have violated 3 City Council Meeting - May 14, 2007 other terms of their development contract. Specifically the cutting of mature oaks within the secondary zone of Bluff Creek in Phase II before it was approved. That's on the agenda tonight. The purpose of the PUD was to be sensitive to this surrounding area. Is this sensitive? The clear cutting of mature oaks prior to the approval of the final plat for the phase? What corrective actions will you take regarding the cutting of the trees? I suggest you postpone approval of the final plat for the Preserve tonight. I have pictures of the destruction in case no one has seen what went on there. In another development, Abra. Anyone drives down Highway 5 you can see that Abra is not set back as much as other locations. Again, in the staff report not one mention of the setback required from the right-of-way. I've checked with the State of Minnesota. I have the right-of-way here. There's a 200 foot right-of-way for that highway in that portion of the city. They're set back 50 feet from the pavement. MnDot says that the right-of-way extends beyond the pavement. Those are issues I brought in email. I wish I would have time to, had time to send formal letters so it would have been in your packet. This is not something I enjoy doing, but something that needs to be addressed. I'm sure there's other situations out there. If council or staff can't give honest answers to this, maybe we need citizens who are going to look at this stuff and get a consensus as to what is important and needs to be remedied. Thank you for your time. Mayor Furlong: Anybody else who would like to address the council during visitor presentations. Again, if it's a matter relating to a public hearing later, this would not be the time to come up. Boyd Peterson: Good evening. Yeah, Boyd Peterson. 9860 Pioneer Circle. I'm here for some other issues but the one this gal's talking about is pretty much right on the nose. It's appalling what this city is going to let them people do in cutting them mature oak trees. Now we're supposed to be a city of trees and we all know what drives development and it's money. And I just hope to hell that they weren't supposed to do this and the city does something about it. Whether fine them or put a big delay on them because money's driving this deal and they're just driving this whole situation and they do what they want. There's no such thing as the easements or setback. But the tree issue, that's ridiculous. It's the first I've ever heard of it but I was appalled when I seen it. Mayor Furlong: And we will be addressing that issue when we pick up item 1(e) apparently. Later on this evening. Anyone else for visitor presentations this evening. Alright, thank you. PUBLIC HEARING: 2007 STREET REHABILITATION PROJECT 07-02: ASSESSMENT HEARING AND AWARD CONTRACT. (Councilman Litsey stepped down for this item and recused himself from the discussion and vote.) Mayor Furlong: We'll move now to our first public hearing for the evening. This is relating to item number 2 on our agenda relating to the 2007 Street Rehabilitation Project 07-02. Well start with a report from staff and open up a public hearing as well and then consider other items. Councilman Litsey? 4 scv)wra City Council Meeting - May 14, 2007 Mayor Furlong: Thank you. At this point well open up the public hearing and invite any interested parties to come forward and address the council on this matter. Okay. Anyone? Seeing nobody then without objection we'll close the public hearing and bring it back to council for discussion. Any discussion on this item? Councilman Litsey: Pretty straight forward. Mayor Furlong: Seeing none, is there a motion to approve? Councilman Litsey: So moved. Councilwoman Ernst: Second. Mayor Furlong: Second Councilwoman Ernst? Thank you. Any discussion on the motion? Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve the request for an on -sale intoxicating liquor license from High Timber Lounge, LLC contingent upon receipt of the license fee and liquor liability insurance that meets minimum state requirements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(e). THE PRESERVE AT BLUFF CREEK 2ND ADDITION: 1) FINAL PLAT APPROVAL. 2) APPROVAL OF PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT. Mayor Furlong: Is Ms. Lloyd still here? Oh, there you are. You wanted to discuss this. This would be the time for you to come forward. Debbie Lloyd: As I said, first of all you received my entails regarding the setback along the boulevard. I guess the question I have, were not state funds sought for that boulevard? MSA funds? Mayor Furlong: Was it Bluff Creek Boulevard? Debbie Lloyd: (Yes). Mayor Furlong: Any questions? I think the answer is yes. Yeah. Debbie Lloyd: So it is a collector and you only got, the state defined as a collector. Code clearly states 50 foot setback. I mean that wasn't in the staff report. That's a shortcoming of the staff report. Clearly the 40 foot was relative to the buffer for the wetland. For the protected zone. The other issue is, and there is, there's one built home. There's a foundation going in. There's another lot that doesn't look like it's going to have adequate space next to the model. I mean there's another lot that's questionable. The one with the foundation going in, I asked about how 20 Omm"Voe City Council Meeting - May 14, 2007 that was going to be configured because it looks like it's going to have a huge wall and a driveway to back up into this garage and it doesn't look like there's even adequate space for that. Let me grab something. The development contract. The opening. Right to proceed. Within the plat or land to be platted the developer may not grade or otherwise disturb the earth, remove trees, etc.. I was appalled. I drove by and saw all these mature oaks. I don't know if you drove by. They're just cut. They're not in Phase I. They're in the secondary bluff protected zone. I mean I was just like appalled. So is this what happens? So you send out a message saying they're not doing things right and they go and take care of and get rid of everything so that they can proceed? And I didn't have time to really study what's before you tonight but it looks to me like there were like 13 lots that they want approval for, but they want to grade everything. Everything. What if more lots don't come in for a long time? We've disturbed all that earth for something that may not take place. And the two, replacing these mature trees. Think about it. 2 to 1. What kind of penalty is that? If that's the kind of penalty that's leveled. Why wouldn't anyone go in and clear their land? I mean I just, these are not the kind of you know standards I think our city should live up to. And the responses to my emails were nothing but to me a deterrent, a smoke like dig a little more. Dig a little more til we have time to get this through. That's how I felt about it. Mayor Furlong: Okay. Ms. Aanenson, I guess with regard to items raised by Ms. Lloyd. Debbie Lloyd: And I'd like you to point out where the corridor is. Kate Aanenson: Sure. As far as the other issues raised, I've responded to those twice and I don't have all the information in front to respond to those. I'll just talk about the trees. I'll step back and look at the whole AUAR area. So this is the 600 acres that we studied. So this is the site that the Rottlund Homes, the Preserve. This is where the road stops approximately right here. If you look at where the trees are on, can you zoom in on that just a pinch more? Just a little tighter. That's good. Thank you. If you look at what we did on the project for this, this was buildable. We saved all those trees. We saved this is the lot line here is not all of this. We saved all these trees and well be saving those. If you look at what's on here, on a bigger scale, what we showed to be graded, this was an original preliminary plat. I've got this, this is Lyman Boulevard. Maybe you can now back out a little bit. This is the area of grading. Those trees were to go out. The trees that were saved are over here. Down in here and then in the primary. There's 20 acres of the primary zone. The sewer line did go a portion of the primary zone. They were required, I don't have the preliminary plat in front of me. I didn't know how much detail you were going to get into tonight. But I brought this down in case there was a question regarding the plat itself. There is a tree replacement plan for the project. Again the way our ordinance works is based on a canopy coverage, there is canopy there and they are required to... replace trees in that area. Yes there were trees to come down there but if you look at the acreage of trees we've preserved overall, it's significant and we've taken the Planning Commission down there to show them what we've done. We've crossed the creek once and I think we've done a very good job of trying to preserve trees. On every project there's going to be trees going down. Now is this part of Phase I? They worked with engineering to, they have a grading plan for the entire site to work that to mobilize, to get that, and I dont know if Paul wants to comment on that at all but to do the grading of the entire site because they will be building this trail with this plat. The trail that crosses the creek. 21 City Council Meeting - May 14, 2007 Mayor Furlong: I'm sorry which? Could you show me that? Kate Aanenson: I'm sorry. The trail, I'm sorry. Mayor Furlong: Hit the table please, thank you. Kate Aanenson: Okay. So this trail will be built this year. They're building that right now. They've sent in the pictures for the crossing of the creek, so there's a bridge structure here that will cross the creek. They're building that this year. That's why they wanted to grade the entire site. Get in there and they worked that out with engineering. There's security in place. Again following the grading plan that was approved for the entire site. So nothing has been changed on that. They're following the plan so. Mayor Furlong: I guess one of the questions I heard was they're grading within the area that, they're grading, taking out trees prior to getting the second addition approved. Are you saying that the grading plan was approved at the beginning for the entire site irrespective of when they proceeded with the plans and specs. Kate Aanenson: I'll let Paul answer that question. Paul Oehme: Well yeah. In the preliminary plat phase we didn't put that, the grading plan for the whole development all 2-3 phases of it and that was reviewed and we did approve of that on that design. The developer has requested that mass grading be taken place. It is more beneficial we feel for the entire site to be graded at one time instead of piecemealing it together because of the ... erosion control issues that happen with... there's less intrusive to the existing properties so you get most of the grading done and then come back... so there is a lot of benefit in doing mass grading project up front versus doing it separately down the road. Mayor Furlong: Is this the first time we've done that or have we done that historically? Paul Oehme: No, we've done it before too. Mayor Furlong: Whole Town & Country. Kate Aanenson: Lake Harrison, yeah. Again they are grading down in the secondary zone because that's where the trail is going, on top of the sewer pipe. Again consistent with what we've already approved so. So we're monitoring that, and. Councilman Litsey: Wouldn't there be more erosion concerns though if the site's completely graded than if? Kate Aanenson: They have to establish seed and the like to the whole area so. Councilman Litsey: Do they do that? 22 City Council Meeting - May 14, 2007 Kate Aanenson: Yeah. Todd Gerhardt: You want to grade the site completely so you have natural drainage that would go with the new development you know. When you stop you start getting erosion of your road beds and gullies in areas that shouldn't be there and your water's going to be re -directed out with the grading plan. That's why we get a grading plan so we can direct the water ultimately where it's supposed to go at the end of the development. Now in this case they had two phases. Graded the first phase. That kind of comes to a hill and it stopped there. Then as you go down towards Lyman, it makes sense that you want to grade the rest of that all the way down to Lyman so you don't have it all going to the ditch. So you can redirect it to the ponds and get it pre-treated before it goes into Bluff Creek. Paul Oehme: The next phase of this project too, we're trying to balance this site out with material right now, is the cut phase of the development. The next phase of the development so they would eventually have to stockpile material someplace until they use it for the next additional phases. It doesn't make sense to stockpile like that in piles... because you will have erosion control problems... Todd Gerhardt: Kate, could you talk a little bit about the setback from Bluff Creek Boulevard? Kate Aanenson: Sure. I mean I've addressed that. There's a difference of opinion on the, where we look for the 50 foot and I've addressed and I don't have all that in front of me to go through that in detail and the specific lots. I did look at that but I'd have to go back and look at my notes on that so. Mayor Furlong: Have they done anything at this point that's inconsistent with... Kate Aanenson: With what they've done, no. Mayor Furlong: What was approved. Kate Aanenson: No. No. There's a difference of opinion on that and I don't want to get into a, I've been doing this for a long time. 7 years going back and forth on this. Getting a legal opinion on when I say something so I'd just as soon have everything in writing. Mayor Furlong: Okay. Kate Aanenson: In my own protection. So back to this grading, I just want a further clarification. I did pass out for the developer, I did mention in my staff report that we did ask for a trail head here. The bridge will be crossing. This road here will actually be a public street as it goes across to the industrial park on the other Degler parcel. So in looking at that we felt that probably wouldn't be the best place for homes to be placed so they actually dedicated, we compensated them for not building but with this plat they will be dedicating the right-of-way and again to get the bridge to go across, so that is where, in my staff report I put in a dollar amount. The applicant did request that we put in the development contract which makes sense, so I did 23 City Council Meeting - May 14, 2007 make that amendment and Ill give that to the developer and Mrs. Lloyd too, but that's the compensation that we owe them in the amount of $216,709. to make sure that's clear so. Mayor Furlong: Okay. Alright, thank you. Debbie Lloyd: I do want to make one thing clear. Those trees you know, grading I'm not expect in that but I can tell you those trees were not scheduled to go down in Phase I for anything I've read. Yeah, tree preservation or whatever. Those trees should have gone down after approval of Phase H. If you approve their removal. Mayor Furlong: And I think what we just heard this evening, and Mr. Oehme if I heard something wrong tell me, that there's a, the sequencing of the plats is independent of the grading plan. And that the grading plan was approved for the entire area, or in this case it sounds like there were two phases but the grading plan had been priorly approved in its entirety, is that correct? Paul Oehme: Yeah, I mean there's a, staff has looked at the grading plan when it came at preliminary plat time and I know council had reviewed that grading plan and that's the plan that... Councilman Litsey: And that's the portion of the project that the cutting of the trees would be covered under? Paul Oehme: Yeah, absolutely. I mean... Councilman Litsey: Obviously you can't grade if you don't have the trees down. Paul Oehme: Exactly. With the grading plan that was approved, that's the only way... Councilman Litsey: And those trees ultimately would have come down at some point in time for the project. Okay, thanks. Mary Born: I'm Mary Born, 7199 Frontier Trail but my question is don't they need the contractor must have a permit to do the work, correct? Kate Aanenson: Yes. He has to have a letter of credit, which he does. Mary Born: Is the contractor holding a permit that's been approved by the City? Paul Oehme: For what portion? Mary Born: The portion that's been done so far. Kate Aanenson: Yes. Flu City Council Meeting - May 14, 2007 Paul Oehme: Yeah. I mean he has acquired the MPS permits. Erosion control to look at all the issues associated with the grading. Mary Born: So he had signed and returned permits from the City? Todd Gerhardt: That's correct. Mary Born: And is it normal to do that before we're at the next phase? The Phase 11. Mayor Furlong: Again what I'm hearing tonight is that the aspects of the whole project are somewhat independent in terms of timing. If there's a different way of saying that. Kate Aanenson: We have projects where they grade the entire site and we did that actually K. Hovnanian graded beyond their site limits for Phase I, just because they wanted to balance it so the goal is to have security in place and approved for the grading. That doesn't mean you're going to final plat that. Final plat is different legal applications as far as showing lots of record and those sort of things and that, there's typically an assessment running with the county. The grading sometimes is just the prep part of the site to get it ready so there's no utilities in or anything because once you do that part of it, that's a different assessment part so. Mayor Furlong: Have they started doing anything that they weren't allowed to do based upon their approvals received at the time? Paul Oehme: Not that... Mayor Furlong: Okay. Rick Dorsey: Rick Dorsey, 1551 Lyman Boulevard and I have a different issue. It's dealing with the grading but I appreciate the staff having in there that there's some talk of a retaining wall and it's kind of the first I've heard of it. It's not going to be approved or whatever at this time but my question or concern is, if they do the grading right now for Phase III, which the wall isn't approved for, a 12 foot wall in two stages, it kind of makes it mandatory that that wall will go in and staff hasn't approved, or you know isn't recommending it I believe for. Okay, go ahead. Kate Aanenson: Sure. This is the end of the 12 lots are in this area here. The applicant would like to put a retaining wall. It's approximately 12 feet. They're adjoining Mr. Dorsey's property here. If you look at the change in grade. If you look at the change in grade, you're at 931 so you're at the top of the wall. So what it is, is for these homes are looking into the wall so you won't have a wall on your side because you're pretty much at grade on your side. So these people have protection from whatever happens on your side. Rick Dorsey: But I guess my question is, if they start grading now and you haven't approved that wall, can they do that? I mean it's forcing that there will be a wall there without an approval. Kate Aanenson: It's my understanding engineering did give approval for that wall. 25 City Council Meeting - May 14, 2007 Rick Dorsey: When? I guess that was my question. This is the first I've heard of it. Kate Aanenson: As part of the grading. It's on the preliminary plans too so. Rick Dorsey: There was no wall because I got a copy of the grading plan and there was no wall. There's a Swale. I mean I'm just asking a question because that means there's a fence that I'd have to put up if you have a 12 foot wall, on my property, and it drops 12 feet to the other side, you're certainly going to have to have a fence going up and I'm unaware of it. Kate Aanenson: Well they would have to put the fence on their side. Rick Dorsey: Well still, I mean I'm just unaware of it. It was never even brought up so I just wanted to ask the question. Is that part of Phase III and they haven't got you know approval for Phase III and you're not recommending it at this point, it's just a timing issue is what I'm asking. Kate Aanenson: This is an engineering report that got put in. What it says is, if we knew it was to happen on this site, this is part of engineering so this isn't my comments. This is a retaining wall. There may be an opportunity to reduce the height of the wall or eliminate the property to the east. We're asking that it be, staff is recommending that the wall be deleted from Phase II improvements and if necessary constructed in future phases. We don't know, they're trying to protect their buffer from whatever happens on your side so. Rick Dorsey: Well I'm thinking too that if they grade it now and they make it, so there's a 12 foot drop and I have farm equipment running along the edge of it, at this point in time you know how is their safety protected? Kate Aanenson: They'd have to put a fence up on it. Rick Dorsey: Well to me, could I ask that we just come back to this, just so we have a chance to look at the plan because we really have not seen this plan with the wall in it. This is the first I've seen of it. So that's what I would ask tonight, thank you. Mayor Furlong: Alright. How is the wall fitting into the second addition? Final plat that's being requested and the development contract. Kate Aanenson: It's really engineering's issue so I'll let Paul answer that. Mayor Furlong: I'll rephrase the question. I pose the previous question. Paul Oehme: There's 15 lots ... would be just to get the wall built at this time because of the grading that's going on on the site. It's better to do the wall construction and to construct some of this infrastructure at this time just so we don't have to go back in and do that. Just rough in ... so you know the developer is requesting that that portion of the infrastructure be built at this time. We reviewed that portion and did not feel that it's, would negatively impact the surrounding property owners. We've done walls on other developments within the city as well so staff wasn't... 26 City Council Meeting - May 14, 2007 Todd Gerhardt: Mayor and council, if I could just add onto what Paul is saying. They're mass grading the rest of the second part of the site, all the way down to Lyman and they're coming in and making a 12 foot cut through that hill. You can't leave the 12 foot cut exposed. You have to put in a retaining wall to hold that back. Rick Dorsey: What I'm saying is if they're going to do that though, that was my question... Kate Aanenson: Yeah, I just asked the applicant. They would like to put the wall in now because just for what the city manager just said. They've got a 12 foot cut. And that's, they're trying to protect their property for their residents, similar if you come in with your project and you're going to want to do the same thing to maximize or to work out through your development so, they'll have to put a fence on the top, I'm assuming for security. For protection. Todd Gerhardt: Our ordinance allows that you have to put up fence on anything that's over 4 feet in height. You have to put the retaining wall in as you're cutting the property. You can't leave a 12 foot cut exposed without fence and you're going to see erosion. That wall's going to come tumbling down, or the 12 foot earth berm that's left that's on Mr. Dorsey's property is going to erode into the Ryland property. They have to put the wall up with the grading. Rick Dorsey: Again I would, I guess I'd like to have it held off until we have a chance to look at this. You know Phase II is coming to I believe just this row of houses right here. About 3 acres of land. Right across here. And the wall is beyond that into Phase III. I understand they want to do it. I understand all that. It's just the first we've seen of it. I would like at least the opportunity to look at it because it does impact our property. The original plan had swales along the edge. This isn't what that is so, it's different than what was originally approved at the preliminary plat. This isn't the final plat for Phase III at this point in time. It's for Phase II so they're doing work in Phase III that's not been approved yet. So for my perspective I just would like time to at least review it before you approve it. Mayor Furlong: Alright. Now that we're granting it, how much time would you like? Rick Dorsey: I just need to talk with somebody and you know this is the first I've seen of it so. A reasonable amount of time and just be able to address any issues. Mayor Furlong: I guess the question I have with regard to the, what was approved. I mean why the reason for the change? Todd Gerhardt: The applicant's here this evening, if he can come up and explain. Mayor Furlong: Would you like to address that? Matt Dusett: I'm Matt Dusett with Ryland Homes. Looking at it, looking back at the old plans myself but I believe this wall's been on there ever since. Like I said I'd have to look at it. It's not something we just threw in there because Alyson Fauske, the Assistant City Engineer did question me on that and this point and you know we were working on it, and I'm not opposed to 27 City Council Meeting - May 14, 2007 lessening the wall. Like I said right now I'm trying to protect my homeowners who are building back there with, we don't know what's going to go on behind here. The way I see it, it's a 12 foot buffer for the homeowners and on top of that you know where our landscape plan shows trees on top of there you know, and then obviously the fence which like you said is mandatory that you put a fence along any higher than 4 feet. So like I said, I'd have to look back in the initial plans but as far as I remember, that wall has always been there so I don't know if it got highlighted a little darker in this plan but you know like I said, it's always been there. Kate Aanenson: Matt, can we wait 2 weeks on the wall and then just approve the second phase and then come back with the wall? Matt Dusett: You bet. I mean we can, my whole goal is to not -to hold up you know, I'd like to, we can not even touch this letter right now and leave it the way it is. We can decide what we're going to do with it at that point because Alyson did come up with a site plan that we could work on possibly not putting that wall in there but like I said at this point I'd rather spend the money on protecting my homeowner's back yards for what's going to go in on the property over here so. Mayor Furlong: Okay, so with regard to what's before us this evening, there's a portion that sounds like there'd be agreement to delay for a couple weeks. Kate Aanenson: Approving a step in phase but then eliminate the, just hold off on any retaining walls until 2 more. Rick Dorsey: ...excavation? Matt Dusett: And cut. I mean we've got. Rick Dorsey: Excavation people here? Matt Dusett: We've got some 10 foot, 12 foot cuts in here to begin with grading. I have to talk but you know we've got a lot of work grading to do in here as it is so if we can get it resolved in the next couple weeks, I don't see it being a problem. We're not going to get buckets in the ground anytime real soon. We got delayed. We've done the permits for demo'ing the house so, right now we're waiting on that and I'm not in a huge rush to get going on it so if, we have plenty of work to be doing over here. If we can get going on over here whenever, then discuss it at another point. Mayor Furlong: I guess the question is, do we need to approve everything under 1(e), anything under 1(e) tonight or would 2 weeks, do you need some things approved tonight to keep going over the next 2 weeks or could this wait for 2 weeks? Kate Aanenson: Well I think it'd be nice to get the development contract put in place. Todd Gerhardt: Mayor, could I suggest that you approve the development contingent upon meeting Mr. Dorsey's satisfaction with the wall with the contractor. We don't have to bring it back then. �i City Council Meeting - May 14, 2007 Roger Knutson: We would if they don't agree. Todd Gerhardt: Yeah, if you don't agree then we'll bring it back or if there's an issue, we would bring it back and then you'd have to hold off the grading for 2 weeks if you can't come to resolution on what's going on. Rick Dorsey: So just to make it clear, my biggest concern is if you make the cut, then you make the wall necessary. And so. Mayor Furlong: Over the next 2 weeks he's going to stay out of that area. Rick Dorsey: Okay, so there's no approval being done for grading then? Is that what you're saying? Mayor Furlong: No. That's not what I'm hearing. Rick Dorsey: Okay. That's what I'm trying to understand. If you give the approval to grade, you give the approval to grade. Based on their plan. Councilman Litsey: I think they'll hold off on excavation there and the wall in that area. Mayor Furlong: In that area until they can review alternatives that have been presented by the city staff. Rick Dorsey: If it should be determined as they said it may be an option to not put a wall in there in the first place, which the city doesn't like walls anyway is my, having been to many of these meetings. We'd just as soon avoid them if we can. Councilwoman Ernst: Just from what I heard, we have to put, we have to put something there. Rick Dorsey: No, because the grading has changed. There never was a 12 foot cut there. There was a blending of the two properties together previously. Mayor Furlong: Here's what I would suggest. If there is a way that we can approve this tonight, because it sounds like the, it will be appropriate to do that, contingent upon some review of this small item, this particular item. Small's the wrong word but this particular item over the next 2 weeks. Rick Dorsey: Mayor excuse me, I'm not sure you're getting my point. If you approve, from the way I understand this, if you approve this plan and it's allowing them to go forward and do their mass grading, which I'm not saying I disapprove of but the plan they're showing here is not the plan that was originally approved by the council. The plan that was originally approved did not have a 12 foot cut along the property line. It blended together. If I had put houses in there someday, they're at the same level. Now I'm looking at them that these are going to be 12 feet higher than these and they're going to have a fence. That's something totally new to me and 29 City Council Meeting - May 14, 2007 something you didn't approve. So by approving it tonight you're saying yes you are approving it, is my interpretation of it. Mayor Furlong: I heard a recommendation that we approve it contingent upon over the next 2 weeks the property owners getting together, looking at options with city staff and coming forward if it cannot be agreed to during that time, then it would come back to us in 2 weeks. Is that? Does that address the issues? Rick Dorsey: What's the difference between that and not approving it for the 2 weeks then? I guess that's what I'm asking. If we don't come to an agreement where are we at if we approved it? Mayor Furlong: And I asked that question, if we could wait for 2 weeks and what I was told is that there's a lot to do outside of this area that can be started during that period. Rick Dorsey: Yeah, no I know I understand that and what I'm saying is the grade has to match up and they've got a plan, okay. And if you're saying go ahead with this part of the plan, they can't not do what's on this plan the way that it's currently here. No matter if I disagree or not because how are they going to change it? They can't in the middle of their property have houses at different levels. That won't happen. Roads won't match up. Mayor Furlong: Well I guess I'll ask the applicant again, if you could address the question. Rick Dorsey: Can you wait for 2 weeks until we meet? Before you get approval tonight. Matt Dusett: Like I said our biggest thing, and part of this development agreement is we want to get rolling on this trail. We want to get that in for the city before fall and part of this agreement is getting you know, rolling forward with that. Getting the bridge in. Donating your parcel of land over on the northwest comer of it and that's more or less that portion of it. I'm not concern right away, like I said for this area. I can leave this whole area along for right now. One note, if we didn't, if this wall wasn't on here, looking at these existing grades, we would have lowered these houses 11 to 13 feet, which would have completely changed every single road in here if this wasn't the plan that was approved so I'm almost 99.9 percent sure this is the exact same plan that was approved. It's just not feasible for design... Rick Dorsey: Just so you know, I picked up a plan 3 weeks ago from Alyson in the engineering department and it's not the same. So I'll bring it in tomorrow if staff would like to see what I've got. Mayor Furlong: I think what we need to do is find a way to move forward here and address your concerns and at the same time moving forward for the developer with regard to the property owner so, what I'm hearing is sir, and I'm sorry I didn't catch your name. Matt Dusett: Matt. 30 City Council Meeting -May 14, 2007 Mayor Furlong: Matt. Thank you. For that, by approving this tonight any grading would not preclude any changes in this area, if that's what is required. Matt Dusett: Yeah... Mayor Furlong: Changes on this plan. Matt Dusett: The eastern half. Mayor Furlong: Okay. So Mr. Knutson, do you want to provide us with some language on a contingency that would address what we're trying to do here. (There was a tape change at this point in the discussion.) Roger Knutson: ...grading issues and the wall issue, I'll let someone else describe it. The eastern part of the property. Eastern part? Kate Aanenson: Correct. Roger Knutson: Or Phase III, whatever it is. Phase III. Working out satisfactory to city staff and Mr. Dorsey. And if that can't be worked out, to be brought back for your ultimate resolution in 2 weeks. Councilwoman Ernst: So moved. Mayor Furlong: Ahight, thank you. So that motion is made and by doing so you're adopting the motion for 1(e) on the recommended motion for 1(e) subject to that language? Councilwoman Ernst: Yeah. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Any discussion on this motion? Given that it was pulled from the consent agenda, I think, I don't know that we need extensive discussion but I want to make sure anyone on the council has an opportunity to discuss any other issues. Councilman Litsey: I just thought this seems consistent with the way you've handled past projects and I see no reason to doubt staffs recommendations and how they want to handle it so I'm comfortable I guess. Mayor Furlong: Okay, thank you. So the motion has been made with the conditions recommended subject to the issues recommended by Mr. Knutson. 31 City Council Meeting - May 14, 2007 Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approve the final plat for The Preserve at Bluff Creek 2"d Addition, plans and specifications and the development contract subject to the applicant, city staff and Mr. Dorsey working out a satisfactory resolution to the grading and retaining wall issues in Phase III. All voted in favor and the motion carried unanimously with a vote of 4 to 0. 1(g). APPROVAL OF AMENDMENT TO CITY CODE REGARDING WETLAND BUFFERS AND SETBACKS. Councilman Litsey: Yes Mayor, I asked this to be pulled from the consent agenda. I just wanted to make a few comments prior to us acting on this amendment. And I jotted some things down because this has been an ongoing discussion and a lot of factors have come into play and coming to where we're at tonight but the past several years the City of Chanhassen has been working on updating it's 1994 Surface Water Management Plan and the purpose of this plan is to provide for the protection and management of the city's wetlands and associated natural resources. The Second Generation Surface Water Management Plan was recommended for approval by the Planning Commission on August 15'" of 2006 and it was subsequently adopted by the City Council on August 28, 2006. And for interested people the details of that plan are available on the city's web site. Revisions to the city code were needed to achieve the goals set forth in the Second Generation Surface Water Management Plan. The Planning Commission held a public hearing on December 5th of 2006 to review the suggested code revisions and receive public comments if there were any. There were no public comments at that meeting so the Planning Commission moved ahead and voted 7-0 is my understanding at that meeting recommending the proposed code revisions. These code revisions came before the City Council at it's meeting on January 8, 2007 and this actually happened to be my first meeting as a newly elected council member. By this time two significant issues, referred to I guess the sticking points, had surfaced regarding the recommended code revisions from the Planning Commission. The one issue had to deal with impervious surface definition and the other issue had to do with wetland classifications along with their corresponding buffer setback requirements. Since the first City Council meeting in January, a considerable amount of time has been spent by both staff, which I very much appreciate and members of this council trying to address these two issues and I know it's been a struggle and I appreciate everyone hanging in there on this. The matter before the City Council this evening has to do with revisions to the city code regarding wetland regulations. Included in this are wetland classifications and their corresponding buffer setback requirements. Prior to City Council work session held on April 23`d I was receptive to several proposed modifications supported by staff regarding wetland classifications and their corresponding buffer setback requirements. These modifications include creating an additional wetland classification called outstanding for the more vulnerable wetlands. Reducing the buffer and setback requirements for the preserve wetland classification. This was in consideration of the additional protections being provided under the newly created outstanding classification. And then reducing the setback requirements for accessory structures in all wetland classifications other than outstanding, therefore affording homeowners more use of their property. What I'm not prepared to support this evening however the additional changes recommended by Councilmember Peterson and received favorable by the remainder of the City Council at the work session held on April 2P. These changes reduced both the buffer and setback requirements for Manage 1, 2 and 3 wetlands which made up the bulk of the wetlands in the city. I did not feel there was ample justification 32 CITY OF CIIA MSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax. 952.227.1110 Building Inspections Phone. 952.227.1180 Fax: 952.227 1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park 8 Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public World 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.achanhassennn.us 610 - MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson, Community Development Director DATE: May 14, 2007 SUBJ: Final Plat Approval The Preserve at Bluff Creek 2nd Addition Planning Case No. 06-14 PROPOSAL SUMMARY Final plat approval for The Preserve at Bluff Creek tad Addition. 121 On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of the land within the plat for "The Preserve" from Agricultural Estate District, A2, to Planned Unit Development -Residential, PUD -R; approved a conditional use permit to permit development within the Bluff Creek Overlay District and alterations within the flood plain; and approved the preliminary plat for "The Preserve" creating 155 lots, 15 outiots and right-of-way for public streets. The 0 Addition was platted in June of 2006 and included 53 lots. FINAL PLAT REVIEW Ryland Homes is platting the 2nd Addition of The Preserve at Bluff Creek. This phase includes the dedication of the right-of-way for River Rock Road North and right-of-way for the extension of Audubon Road. The plat includes 4 blocks, 12 lots and 8 outlots. Outlot A (28 acres), which includes the Bluff Creek Overlay district, will be dedicated to the City. Compensation for the elimination of five lots in the northwest comer will be in the amount of $216, 709 which will be executed with this addition. Outlot B (19 acres) will be platted in the future. Outlot C (0.14 acre) and Outlot D (0.10 acres) are drainage and utility easements. Outlot E (0.34 acres) is private street right-of-way. Outlot F (0.20 acres) is a private park. Outlot G (1.17 acres) is a drainage easement over a wetland. Outlot H is the location of the City's lift station. One of the issues at the time of preliminary plat was the amount of additional impervious available per lot. The applicant has prepared a Lot Impervious Coverage Analysis. Using an average lot and the largest home, there is an The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A Beat place to live, work, and play. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 2 of 15 additional 570 square feet of hard cover per lot. Ryland Homes has included an architectural detail book that describes the color choices and location of the site and street orientation. The site contains a small wetland on the east side and several along Bluff Creek on the west side. The central portion of the site is generally the highest and the slopes along the north and east side of the property are moderate; slopes along the west and south sides of the property are steeper. Lift Station #24 is in the northwest corner of the property and partially lies within a drainage and utility easement. The lift station and lift station access must be shown on the plans. The temporary sales trailer south of the lift station will remain until August 1, 2008 per the agreement between the City and Ryland, unless the property to the west develops prior to August 1. The overhead power lines along the south side of Lyman Boulevard will remain. EASEMENTS AND RIGHT-OF-WAY The existing 100 -foot wide (measured from the centerline of Lyman Boulevard) drainage and utility easement along the eastern 650 feet of the property will remain. This easement was granted to the Freeburgs and Dorseys in 1979 for underground drainage tile. Blanket drainage and utility easements will be platted over the outlots. Private utilities (e.g. storm sewer that only conveys runoff from a private street) within outlots shall be owned and maintained by the association. The plat includes an 80 -foot wide right-of-way for the future construction of a public street extending from the Lyman Boulevard/Audubon Boulevard intersection. A 60 -foot wide right-of- way is sufficient; therefore, the final plat must be revised. The plans must show the existing Audubon intersection. This street will not be constructed with any future phase of this development. This street will provide access to the future development to the west and will be constructed by the developer of the property to the west. The public street will be within a 60 -foot wide right-of-way. GRADING AND DRAINAGE The developer proposes to mass grade the proposed second addition as well as the future development area in order to balance the earthwork. The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek 21d Addition to the cul-de-sac must be revised so that the minimum finished grade is no less than 2%. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 3 of 15 The developer has submitted hydrologic and hydraulic calculations for the proposed development for the proposed site for staff review. The ponding design meets minimum requirements. The storm sewer sizing calculations will be reviewed during construction plan review. RETAINING WALLS A 60 -foot long retaining wall is proposed east of Wetland 4. The maximum height of this retaining wall is eight feet. A 280 -foot long, two-tiered retaining wall is proposed on the east property line, north of future Mills Drive. The maximum combined height of this retaining wall is 12 feet. There may be an opportunity to reduce the height of this wall or eliminate this wall when the property to the east develops. Staff recommends that this retaining wall be deleted from Phase 2 improvements and, if necessary, constructed when the area is platted into lots and blocks. Lateral sanitary sewer and watermain will be installed within Phase 2 of the final plat. Lateral utilities to serve the future lots will be installed when the area is final platted. When the area south of Lyman Boulevard is final platted, an 18 -inch diameter watermain must be installed on the south side of Lyman Boulevard to the east property line. The developer will be reimbursed the cost difference between an 8 -inch lateral and the 18 -inch trunk watermain with final plat approval of that area of the development. Homes with a low floor elevation of 935' or lower will require a pressure -reducing valve within the house. The developer will be responsible for extending lateral sewer and water service to the lots; therefore, the sanitary sewer and water connection charges will be waived. The assessments for the 2005 MUSA improvements were paid in full with the first phase. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. STREETS The development is subject to the arterial collector fee, which must be paid in cash with the final plat and is calculated as follows: Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 4 of 15 Total area of final plat Outlot A, City outlot Outlot B, future phase Oudot C, open space Outlot D, trail Outlot E, private road Outlot F, open space Outlot G, wetland Outlot H, City outlot River Rock Drive ROW Audubon Road ROW 52.43 acres (27.83 acres) (18.64 acres) (0.14 acres) (0.10 acres) (0.34 acres) (0.20 acres) (1.47 acres) (0.35 acres) (0.47 acres) (0.60 acres) 2.29 acres x $2,400/acre = $5,496.00 Future phases of the development will be subject to this fee at the rate in effect at the time of final plat. The developer will extend River Rock Drive, a 31 -foot wide public street, to the northern boundary of Lot 1, Block 3. A temporary turnaround is not required at the northern temporary terminus since only two lots will access this temporary stub. Jersey Way, a 28 -foot wide private street, will also be constructed with this phase. The construction plans must be revised to reflect that private streets will lie within outlots, not public right-of-way. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable. The developer will construct five-foot wide concrete sidewalks on both sides of River Rock Drive. PARKS AND RECREATION The Park and Recreation Commission recommended at the time of preliminary plat that the City Council require the following conditions of approval concerning parks and trails for The Preserve PUD: 1. The payment of full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication. Note: A percentage of park fees may be credited as a portion of any future compensation for the acquisition of developable lands in the area currently depicted as Lot 1. 2. The applicant shall provide all design, engineering, construction and testing services required of the "Bluff Creek Trail." All construction documents shall be delivered to the Park and Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 5 of 15 Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with bituminous material and constructed to meet all City specifications. The applicant shall be reimbursed for the actual cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials utilized in its construction. 3. Outlot H be enlarged through the addition of the land area currently depicted as Lots 1 and 2, Block 11. The resulting property is to be utilized as a private association -operated recreational and open space site. 4. Outlots A, B, L and H are conveyed to the City as public property by warranty deed. Compensation for the elimination of five lots at the northwest comer of the plat will occur with this plat. The developer will be dedicating all of Outlot A which is included this area. The amount of compensation is $216,709. LANDSCAPING The developer has provided a landscape plan that exceeds the minimum standards of the City. WETLANDS A wetland buffer with a minimum width of 16.5 feet must be maintained around all wetlands and wetland mitigation areas. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures must maintain a setback of at least 40 feet from the wetland buffer edge. Wetland Replacement Because no wetland impacts are proposed in conjunction with this project, no wetland mitigation is required. However, the applicant has shown two proposed wetland mitigation areas within the project area. These mitigation areas will be designed and constructed by the City in conjunction with the East-West Collector project. REVIEW CONDITIONS OF APROVAL On June 26, 2006 the City Council approved the Vt Addition of the plat subject to the following conditions: The "Existing Conditions" plan must be revised to show the drainage and utility easement that was granted to the City and contain trunk sanitary sewer and watermain. This condition has been met. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 6 of 15 2. The applicant must provide documentation indicating that the proposed right-of-way for Lyman Boulevard meets Carver County's requirement. This condition has been met. 3. A portion of some lots lie within the floodplain. Until a letter of approval from FEMA has been received, homeowners may be required to obtain additional flood insurance. This condition has been met. 4. Any grading within the floodplain will require a Conditional Use Permit. Not applicable with this phase. 5. Catch basins on each side of all public streets must be no more than 300 feet apart. Not applicable with this phase. 6. The outlet for Wetland A will be constructed when the property to the east develops. Not applicable with this phase. 7. All buildings must be demolished before the second phase. This condition still applies. There is a storage building on the property just behind the City's lift station that needs to be removed. 8. Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota. This condition still applies. 9. To the maximum extent practicable, the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer. This condition still applies. 10. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the preparation of the 2005 MUSA AUAR. This condition has been met. 11. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and $162,976.08 for Highway 101/Lyman Boulevard/Highway 312/Highway 212 must be paid with the final plat or reassessed to the lots and outlots for future development. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 7 of 15 Not applicable with this phase. 12. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. This condition still applies. 13. The City will construct Bluff Creek Boulevard Improvements to serve the development in conjunction with public improvement project No. 06-05. The property within the plat will be specially assessed for this project. Not applicable with this phase. 14. The development is subject to the arterial collector fee of $38,400 which must be paid in cash with the final plat. Not applicable with this phase. 15. Curbs on public streets will be high -back; curbs on private streets will be surmountable. This condition still applies. 16. Sidewalks to public -streets and within privately owned outlots shall be owned and maintained by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be used by the public. This condition still applies. 17. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor. No alterations shall occur within the primary corridor or within the first 20 feet of the setback from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure setback and 20 -foot grading setback shall be shown on the plans. Not applicable with this phase. 18. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall be redesigned to avoid impact to the trees. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 8 of 15 This condition still applies. 19. The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody. This condition still applies. 20. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary sewer; and 2. The sanitary sewer is not located below the normal water level (NWQ of Pond 1. Not applicable with this phase. 21. The applicant shall clarify the avoidance of the drainage way to be preserved during the construction of Pond 2 and, if possible, redesign the pond to provide additional storage and treatment in lieu of avoiding the drainage way. Not applicable with this phase. 22. Pond 3 shall be constructed prior to the construction of all the areas that drain to it. Not applicable with this phase. 23. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. This condition still applies. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TyW of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. This condition still applies. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 9 of 15 25. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. This condition still applies. 26. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the extreme southeast corner of the property. This would potentially involve vertically tracking equipment up and down the graded faces of the slope to increase roughness and prevent rilling. Similar practices shall be used behind the homes along the central part of Outlot A. Not applicable with this phase. 27. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat recording, is $89,960.$29,634.00 This condition shall be modified as noted 28. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. This condition still applies. 29. Phase I Park and Trail fees are $307,400. This condition shall be modified as follows: Park and Trail fees for the 2°d Addition are $69,600. 30. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. This condition still applies. 31. A turf plan shall be submitted to the City indicating the location of sod and seeding areas. This condition still applies. 32. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The applicant shall substitute another species with approval from the City. This condition still applies. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 10 of 15 33. The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone. This condition still applies. 34. It is the intent of the City to draft the terms and conditions for the trailer at the City's lift station location. This condition has been met. 35. The existing drainage and utility easement that Lift Station #24 partially lies within shall be vacated once The Preserve plat is filed. Not applicable with this phase. 36. A 50 -foot wide drainage and utility easement centered over the existing trunk sanitary sewer must be platted and shown on the plans. Not applicable with this phase. 37.Outlots containing public utilities-watermain, sanitary sewer and storm sewer that conveys runoff from a public street -must have blanket drainage and utility easements over the outlot. Private utilities (e.g. storm sewer that only conveys runoff from a private street) within outlots shall be owned and maintained by the association. This condition still applies. 38. The developer shall plat additional right-of-way for Lyman Boulevard/CSAH 18 if required by Carver County. Not applicable with this phase. 39. The "40' ROW'note note shown on the grading plan for River Rock Circle and Deere Circle must be deleted since these will be private streets within an outlot. Not applicable with this phase. 40. The right-of-way for Degler Drive South must be platted to provide access to Town and Country's proposed Liberty at Creekside development to the south. This condition has been met. 41. Fences, extensive landscaping and retaining walls cannot be installed within the drainage and utility easement over the trunk sanitary sewer and watermain. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 11 of 15 This condition has been met. 42. Staff recommends that the developer build side lookout units on Lots 3, 9 and 10, Block 5 since this housing style is better suited for the proposed grading. Not applicable with this phase. 43. Additional catch basins are required at the following locations: a) The comer of Lots 11 and 16, Block 1 b) Stations 6+50 and 2+25 on Degler Drive North, and c) Station 2+50 on River Rock Circle Not applicable with this phase. 44. A building permit is required for the proposed retaining wall. The wall must be designed by an Engineer registered in the State of Minnesota. Duplicate condition. 45. Lift Station #24 must be placed within an outlot that will be deeded to the City. The fully executed Quit Claim Deed for this outlot must be submitted with the final plat mylars. This condition has been met. 46. Homes with a low floor elevation of 935' or lower will require a pressure reducing valve within the house. This condition still applies. 47. To the maximum extent practicable, the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer. Duplicate condition. 48. The developer's share of the cost to prepare the 2005 MUSA AUAR is $14,365.00, which must be paid in cash with the final plat. This condition has been met. 49. The developer shall pay $165,267.78 in cash with the final plat to pay the 2005 MUSA (City project 04-05) and Highway 101/212/312 and Lyman Boulevard (03-09) assessments for the lots within the final plat. This condition has been met. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 12 of 15 50. The developer must post a $308,707.74 security for the assessment amount that will be reapportioned to Outlots A and B. This condition has been met. 51. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. Duplicate condition. 52. The developer must work with staff to ensure that the construction plans comply with the City's standard specifications and that all appropriate detail plates are included in the plan set. This condition has been met. 53. The developer shall pay the $38,400.00 Arterial Collector Fee with the final plat. This condition has been modified as follows: The $5,496.00 arterial collector fee for this phase must be paid in cash with the final plat. 54. The development plans must be changed to reflect the street names approved by the Fire Marshal. This condition has been met. 55. The street grades at Station 4+50, Deere Circle and Station 2+00, River Rock Circle must be adjusted to meet the 7% maximum allowable slope. This condition has been met. 56. Sidewalks adjacent to private streets and within privately owned outlots shall be owned and maintained by the homeowners association and can be used by the public." Duplicate condition. RECOMMENDATION Staff recommends that the City Council adopt the following motion: The Chanhassen City Council approves the Final Plat for The Preserve at Bluff Creek 2nd Addition subject to the following conditions: Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 13 of 15 1. The lift station and lift station access must be shown on the plans. 2. The right-of-way for the future public street on the south side of Lyman Boulevard at Audubon Road shall be 60 feet. 3. The plans must show the existing intersection of Audubon Road and Lyman Boulevard. 4. The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek 2nd Addition to the cul-de-sac must be revised so that the minimum finished grade is no less than 2%. 5. Homes with a low floor elevation of 935' or lower will require a pressure reducing valve within the house. 6. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. 7. The $5,496.00 arterial collector fee for this phase must be paid in cash with the final plat. 8. The construction plans must be revised to reflect that private streets will lie within outlots, not public right-of-way. 9. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable. 10. There is a storage building on the property just behind the City's lift station that needs to be removed. 11. Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota. 12. To the maximum extent practicable, the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer. 13. Park and Trail fees for the 2°d Addition are $69,600. 14. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall be redesigned to avoid impact to the trees. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 14 of 15 15. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slone Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 16. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. 17. A turf plan shall be submitted to the City indicating the location of sod and seeding areas. 18. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The applicant shall substitute another species with approval from the City. 19. The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone. 20. Sidewalks to public -streets and within privately owned outlots shall be owned and maintained by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be used by the public. 21. The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody. 22. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 23. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 24. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat recording, is $29,634.00. 25. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase U Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. Todd Gerhardt The Preserve at Bluff Creek 2nd Addition May 14, 2007 Page 15 of 15 26.Outlots containing public utilities-watermain, sanitary sewer and storm sewer that conveys runoff from a public street -must have blanket drainage and utility easements over the outlot. Private utilities (e.g. storm sewer that only conveys runoff from a private street) within outlots shall be owned and maintained by the association. ATTACHMENTS 1. Location Map. 2. The Preserve at Bluff Creek 2°d Addition Final Plat. 3. Lot Area Tabulation. 4. SWMP Fee Worksheet dated May 2, 2007. gAplan\2006 planning ca \06-14 the presme\final plat documents -2nd addition\preserve 2nd addition tp.doc Location Map The Preserve 1630 Lyman Boulevard Planning Case No. 06-14 City of Chanhassen THE PRESERVE A T BLUFF CREEK 2ND ADDITION pI ALL . SO ulut MISMO. Aal A. R,Ime pre. ,n Nwywe cwPwe,iw. N. ,.nn e, fn. ,mk.ne ..efa ppe'ly vlwlq M1 Inr cwnly of Cam-. Slala el Ymmnola fe of ....IIA -1 .11 1 L. 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CwnlF Yarmnb YY Cwmii•eiar CyY•a OuNIMa /nk pNl Of HIS /RYLI!( Ar aw ,mw m momw m wWvxe we —V tOd Dy Me Oly Cew[i Of Cnwnaxen. e 1— nnlnv M I. In,v _ eo 1 we prvMNwv al YMvxla $MNlva Sv[Ilm LO$OA SUDM'Nwl /} np —Iffl •Y b nl m yv . DY If. Glyn Cron[/ me vv Nalp w M4 pbf, o[[wMp IO YMnafa SleWbn 5 . 1.01 SUDNWiw I. sy dam SMINCOMR. $ YYmmFtP twpvl INI. Inn qel nw eaan gbrowl Mlv WY e/ C(p� Ry Jn f. Crxm]w, Lwow Cem(y SnwF u%uIO ONSM L— c—( YM1nwre 111 mvl gpNa ii _ we yb Y•�+ nam vn qb br IM bvaw-0M w M4 P41. 0.1q ln.� Nl vl Xp Ry YaM1 4nabrn, CaM CwmlY RW.b �w.. aF"aR1~Illly If, mlmfe1wNr Rr uoea XQ Rwmrro4_aal . lm— _ e[4e _Of n oe[w^nl Na R` CW M MwM 3.. Len: Lamb RwwM CITY OF CHANHASSEN RECEIVED APR 1 1 2007 CHANHASSEN PL4NNING DEPT WESTWOOD L V7d 7VNId j0 AdOO AUVNIN173Hd a 0 z z p J % f a s2^6 .+�$�• p•!d ) \ (� �F �� ka �: J i N 4 Y �•, �: 1 N R8 ;; E4(IN, 'ti.ir4r[wj;J � Rg S.f[sif�.fwl 5Y4:2�f1 1 j 2 '� 1 =. O i— i t ��,��,: � N � •� I•� � a:.� `A bE a'' Kui 1, s°•= $. I L fnl / O r ttj - •..,;.r � tom... aM1 Y tom` N �p� a tY a� i • o-r++�a�m. s a — 4 .,,._...a..,._ ......: i a.mrsirwsr =w f:.W .... .r...+ •,.,...... £ L V7d 7VNId j0 AdOO AUVNIN173Hd a 0 z z p J .L V7d 7VN/.4d0 Ad00 AHVNIN173ifd J ).ticANalt+, M a I 1 I 1 `tel' 1 1 I O 2f I 11 1 1 W J p i• i R yyy I I I 1 l Yq�•> _ l_` 1 1 1 pa I Ay — 4 . I , O+ -ate- Q O , U4, i J 4�0 ; y 4 --------- r_______tzal_______� WQ S 1 31 �10 OI 1. Ipi g 1 — "Qi W2 L______a..m e. _____ W l- .uaa • g y s . E SaiE `Sq$y 1' n r 4s • I � I 4YY� • I ppi •8 ��ii 6 of —'i ��_ I € .�• i 8 8 f' ,•o .L V7d 7VN/.4d0 Ad00 AHVNIN173ifd J CITY OF CHANHASSEN RECEIVED Preserve at Bluff Creek 2nd Addition APR 11 2007 Project: 20031110.02 Tue April 10 10:57:05 2000tANttAM PLANNING DEPT Parcel Area Listing Parcel name: Blk. 1, Lot 1 Perimeter: 349.6083 Area: 6,987.4 sf 0.16 ac Parcel name: Blk. 1, Lot 2 Perimeter: 360.2027 Area: 7,200.6 sf 0.17 ac Parcel name: Blk. 1, Lot 3 Perimeter: 363.4054 Area: 7,221.1 sf 0.17 ac Parcel name: Blk. 1, Lot Perimeter: 382.1202 Area: 7,972.9 sf 0.18 ac Parcel name: Blk. 2, Lot 1 Perimeter: 405.8504 Area: 10,003.5 sf 0.23 ac Parcel name: Blk. 2, Lot 2 Perimeter: 350.0000 Area: 6,600.0 sf 0.15 ac Parcel name: Blk. 2, Lot 3 Perimeter: 366.5863 Area: 7,298.7 sf 0.17 ac Parcel name: Blk. 3, Lot 1 Perimeter: 424.8605 Area: 9,096.1 sf 0.21 ac Parcel name: Blk. 3, Lot 2 Perimeter: 428.2252 Area: 8,963.7 sf 0.21 ac 6CANNED Parcel name: Blk. 3, Lot 3 Perimeter: 407.2300 Area: 8,283.9 sf 0.19 ac Parcel name: Blk. 4, Lot 1 Perimeter: 438.8288 Area: 10,815.0 sf 0.25 ac Parcel name: Blk. 4, Lot 2 Perimeter: 405.3779 Area: 9,335.2 sf 0.21 ac Parcel name: Boundary Perimeter: 8816.0999 Area: 2,284,042.9 sf 52.43 ac Parcel name: Outlot A Perimeter: 9159.3269 Area: 1,212,250.8 sf 27.83 ac Parcel name: Outlot B Perimeter: 4416.8258 Area: 812,088.8 sf 18.64 ac Parcel name: Outlot C Perimeter: 346.1523 Area: 5,890.5 sf 0.14 ac Parcel name: Outlot D Perimeter: 345.5451 Area: 4,526.4 sf 0.10 ac Parcel name: Outlot E Perimeter: 819.8997 Area: 14,759.5 sf 0.34 ac Parcel name: Outlot F Perimeter: 405.1174 Area: 8,913.3 sf 0.20 ac Parcel name: Outlot G Perimeter: 1230.4877 Area: 64,068.5 sf 1.47 ac Parcel name: Outlot H Perimeter: 568.3304 Area: 15,291.8 sf 0.35 ac Parcel name: River Rock Dr. No. Perimeter: 795.8334 Area: 20,273.8 sf 0.47 ac Parcel name: Audubon Road Perimeter: 855.1357 Area: 26,201.6 sf 0.60 ac SWMP FEE WORKSHEET DATE May 2, 2007 PLANNING CASE 06-14 PROJECT The Preserve - Phase II Site Area in Acres 52.43 Outlot A - Creek/Wetland (27.83) Outlot B - Future Development (18.64) Outlot G - Wetland (1.47) area 4.49 ZONING CLASSIFICATION MediurnDensity WATER QUALITY WATER QUANTITY FEES Rate per Acre Acres Total $ 1,900.00 4.49 $ 8,531.00 Rate per Acre Acres Total $ 4,700.00 4.49 S 21,103.00 10J.'73113VK7 ITEM UNIT QUANTITY UNIT 50% TOTAL PRICE Storm water pond acre 0 $ 11600.00 0.5 $ Outlet structure each 0 $ 2,500.00 $ SWMP FEE $ 29,634.00 SWMP CREDITS $ - TOTAL SWMP FEE $ 29,634.00 The Preserve Land Cost Calculations Gross Acres Net Residential Area Total Number Dwelling Units— Purchase Price Degler Closing Costs (Title) = $1.5/k Broker Fee Engineering Fees (Estimate) Assessments SWMP Fees Total Costs Cost per Net Acre Area Calculations of City Desired Land Block 1 lots 1 to 5 Area ROW Outlot B (exclude esm't) Total Area of Land for City Purchase Price of Property c;(,�-l4 YLAND The Ryland Group, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 Contractor's Lic # 20035443 s .rylond.com 5!3!1006 79.86 Ac. 31.33 Ac. 155 $13,210,986 $19,816 / $700,000 $50,000 $1,782,054 $242,760 $16,005,616 $510,872 1.310 Ac. 0.190 Ac. 0.750 Ac. 2.250 Ac. $1,149,462 SZ 2t&J-2oct III $CANNED �Glatus Report 12/1/07 FF!plan.OR2 Q01, . 2 —s e T W T F' M T W T F m 4 T f -5,V-r .y....8...8161 4 18 21 51 n .................... 1718 14�29�2i Qf Securities 12/1/07 1/18108 F LC #1506 Expires 1/19/08 Preserve at Bluff Creek 1st Addition Planning Case 2006-14 $122,601 (landscaping) Letter of Credit automatically renews for successive one-year terms Notify Jill Sinclair SCAMUM P4+ Guaranty BANK i Tanplai,MiMcampeiy Date: January 18, 2007 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 1506 Beneficiary/Seller: City of Chanhassen 7700 Market Blvd. Chanhassen, MN 55317 Applicant/Buyer: The Ryland Group, Inc. 24025 Park Sorrento, Suite 400 Calabasas, CA 91302 Amount: Not Exceeding U.S. Dollars $122,601.00 One Hundred Twenty Two Thousand Six Hundred One and No/100 U.S. Dollars Expiry Date: January 18, 2008 At Our Counters We hereby issue in your favor this Irrevocable Standby Letter of Credit, in the aggregate amount of One Hundred Twenty Two Thousand Six Hundred One and No/100 U.S. Dollars ($122,601.00), which is available by presentation of your draft at sight drawn on Guaranty Bank, having an address at 8333 Douglas Avenue, Dallas, Texas 75225, attention: Home Builder Finance Loan Support, 2°d Floor, bearing the clause: "Drawn under Letter of Credit No. 1506 of Guaranty Bank" accompanied by the original of this Letter of Credit and the signed statement addressed to us in the form attached hereto as Attachment A and incorporated herein by this reference. Notwithstanding anything set forth therein to the contrary, this Letter of Credit shall remain in force until the "Expiry Date" specified above. This Lettei of Credit sets forth in full the terms of our undertaking to you. Such understanding shall not in any way be modified, amended or amplified by reference to any document or instrument referred or related to herein and any such reference shall not be deemed to incorporate herein by reference any such document or instrument. The original of this Letter of Credit must be presented to us with any drawings hereunder for our endorsement of any payments effected by us. Partial Drawings are permitted. This Letter of Credit shall automatically renew, without amendment, for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be January 18 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by overnight courier, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. 8333 Douglas AVE. MEMBER Dallas, TX 75225 FDIC ,ate. SCANNED This Letter of Credit is irrevocable and is not transferable nor assignable If cancellation of this Letter of Credit is required before the expiry date stated herein as extended from time to time, the original of this Letter of Credit must be returned to us accompanied by the Beneficiary's Letter requesting cancellation in the form attached hereto as Attachment B. This Letter of Credit shall also be automatically reduced upon receipt by us of Attachment B. An amendment to this Letter of Credit will be issued to confirm this action. Except as expressly provided herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (current revision), International Chamber of Commerce Publication No. 500. If you require any assistance or have any questions regarding this transaction, please call Linda Bryant at 214-360- 4874. Guaranty Bank By: Name: Linda Bryant Title: Senior Vice President Director, Home Builder Finance Loan Support �N lncvocable Letter of Credit No. 1506 Attachment A Attached to and made a part of Irrevocable Standby Letter of Credit No. 1506, dated January 18, 2007 issued by Guaranty Bank to City of Chanhassen (`Beneficiary") for The Ryland Group ("Applicant'). Statement The undersigned, being a Beneficiary under Irrevocable Standby Letter of Credit No. 1506 (the "Letter of Credit") hereby certifies and represents that Buyer is in default of its obligation under that certain Agreement between Buyer and Seller, dated , 200 . Seller has given Buyer the attached written thirty (30) days notice to cure such default and Buyer has failed to cure such default within the aforesaid thirty (30) days cure period. Beneficiary By: _ Name: SCANNED Irrevocable Letter of Credit No. 1506 Attachment `B" (On Beneficiary's Letter head) Date: January 18, 2007 The Ryland Group, Inc. AND Guaranty Bank 24025 Park Sorrento, Suite 400 8333 Douglas Avenue Calabasas, CA 91302 Dallas, TX 75225 Atm: Home Builder Finance Loan Support, 2nd Floor Ref: Letter of Credit No. 1506 As Beneficiary of the above referenced Letter of Credit, we request that the following actions(s) be taken as evidenced by our initials and signature below: Please initial: Authorization: City of Chanhassen REDUCE the amount from EXTEND the expiry date from to S to CANCEL this Letter of Credit effective immediately. Enclosed herewith are the original Letter of Credit documents, including the amendments thereto. (Note: If any of these documents are not included with this letter, you must specify each missing document and explain the reason why they are not being returned.) The Ryland Group, Inc. By: By: _ Name: Name: Title: Title: SCANNED RYLMD IiECEI E HOMES' JAN 2 3 201'7 TWIN CRIES DIVISION 7599 Anagram Drive CITY OF CHAN Eden Prairie, MN 55344 HASSEI'e 952-229-6000 Office 952-229-6024 Fax w .ryland.com January 19, 2007 Builder's License #20035443 City of Chanhassen Jill Sinclair Environmental Resource Specialist 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Re: The Preserve - Landscape Bond Jill, Enclosed is Letter of Credit #1506 for landscaping at The Preserve at Bluff Creek Is` Addition. Please retain this letter of credit until the work is complete. Please contact me with any questions or concerns. Sincerely, Matt DuCette Ryland Homes Land Development Coordinator 612.366.0735 mobile 952.229.6059 office 952.229.6024 fax Enclosure (1) SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 04/12/2007 11:49 AM Receipt No. 0039721 CLERK: katie PAYEE: THE RYLAND GROUP 06-14 The Preserve at Bluff Creek 2nd Addition ------------------------------------------------------- Use ---- ---- ------------- Use & Variance 250.00 Total Cash Check 3288 Change 250.00 0.00 250.00 0.00 o�0- Iq SCANNED Administration May 16, 2007 Phone: 952.227.1100 Mr. Mark Sonstegard C OF The Ryland Group Phone: 952227.1130 7599 Anagram Drive CUMNSEN Eden Prairie MN 55344 7700 Market Boulevard Re: The Preserve at Bluff Creek tad Addition Final Plat PO Bo Chan assen%MN75217 Planning Case #06-14 Administration Dear Mr. Sonstegard: Phone: 952.227.1100 Planning b Natural Resources Fax: 952.221.1110 ducin valve within the house. reg Phone: 952227.1130 This letter is to confirm that on May 14, 2007, the Chanhassen City Council Building Inspections approved the Final Plat for The Preserve at Bluff Creek 2nd Addition subject to the Phone: 952.227.1180 following conditions: Fax: 952.227.1190 Engineering 1. The lift station and lift station access must be shown on the plans. Phone: 952.227.1100 effect at the time of building permit application. The party applying for the Fax: 952.227.1170 2 The right-of-way for the future public street on the south side of Lyman Finance Boulevard at Audubon Road shall be 60 feet. Phone: 952.227.1140 Fax: 952.227.1110 3. The plans must show the existing intersection of Audubon Road and Lyman Park ARecreation Boulevard_ Phone: 952.227.1120 the final plat. Fax:952.227.1110 4. The grading for the future lots east of future River Rock Drive from The C nter Preserve at Bluff Creek 2 a Addition to the cul-de-sac must be revised so that 2310Recreation Coulter Phone: 952.227.1400 the minimum finished grade is no less than 2%. Fax: 952.227.1404 9. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable. 10. There is a storage building on the property just behind the City's lift station that needs to be removed. oc- - 4 SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play 5. Homes with a low floor elevation of 935' or lower will require a pressure Planning b Natural Resources ducin valve within the house. reg Phone: 952227.1130 Fax: 952.227.1110 6. Each new lot is subject to the sanitary sewer and water hookup charges. Publicworb These fees are collected with the building permit and are based on the rates in 1591 Park Road effect at the time of building permit application. The party applying for the Phone: 9522271300 building permit is responsible for payment of these fees. Fax: 952.227.1310 Senior Center 7. The $5,496.00 arterial collector fee for this phase must be paid in cash with Phone: 952227.1125 the final plat. Fax: 952.227.1110 Web She 8. The construction plans must be revised to reflect that private streets will lie www.d.chanhassen.mn.us within outlots, not public right-of-way. 9. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable. 10. There is a storage building on the property just behind the City's lift station that needs to be removed. oc- - 4 SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play Mr. Mark Sonstegard The Preserve at Bluff Creek 2°d Addition Final Plat May 16, 2007 Page 2 of 3 11. Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota. 12. To the maximum extent practicable, the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer. 13. Park and Trail fees for the 2°d Addition are $69,600. 14. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall be redesigned to avoid impact to the trees. 15. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Tvoe of'S12M Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 16. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. 17. A turf plan shall be submitted to the City indicating the location of sod and seeding areas. 18. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The applicant shall substitute another species with approval from the City. 19. The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone. 20. Sidewalks to public -streets and within privately owned outlots shall be owned and maintained by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be used by the public. 21. The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody. 22. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 03"KA30 Mr. Mark Sonstegard The Preserve at Bluff Creek 2°d Addition Final Plat May 16, 2007 Page 3 of 3 23. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 24. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat recording, is $29,634.00. 25. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 26.Outlots containing public utilities-watermain, sanitary sewer and storm sewer that conveys runoff from a public street -must have blanket drainage and utility easements over the outlot. Private utilities (e.g. storm sewer that only conveys runoff from a private street) within outlots shall be owned and maintained by the association. 27. The City shall reimburse the developer $216,709.00 for the elimination of five lots in the northwest comer of the site. Two signed mylar copies of the final plat shall be submitted to our office for signatures along with the signed development contract, an executed copy of the conservation easement and all required financial securities and fees. Two 1 "=200' scale mylar reductions of the final plat and one 1"=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. The City will submit all the necessary documents to Carver County for recording of the subdivision. If you have any questions or need additional information, please contact me at (952) 227-1139. Sincerely, KA 4IM041 Kate Aanenson, AICP Community Development Director Enclosure ec: Todd Gerhardt, City Manager Paul Oehme, City Engineer/Public Works Director Alyson Fauske, Assistant City Engineer Jerry Mohn, Building Official gAplan\2006 planning cas \06-14 the pv s ev;nal plat documents -2nd additio°\appmval letter.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA THE PRESERVE AT BLUFF CREEK 2NDADDITION DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE Off' CONTENTS SPECIAL PROVISIONS 1. REQUEST FOR PLAT APPROVAL......... 2. CONDITIONS OF PLAT APPROVAL..... 3. DEVELOPMENT PLANS ......................... 4. IMPROVEMENTS ..................................... 5. TIME OF PERFORMANCE ...................... 6. SECURITY ................................................. 7. NOTICE ...................................................... 8. OTHER SPECIAL CONDITIONS ............. 9. GFNFRALCONDITIONS ......................... GENERAL CONDITIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 22. PAGE ..SP -1 ......................................................... SP -1 ......................................................... SP-1 .........................................................SP-2 ......................................................... SP -2 ......................................................... SP -2 ......................................................... SP -3 ......................................................... SP-3 .........................................................SP-5 RIGHT TO PROCEED.................................................................................................GC-1 PHASEDDEVELOPMENT.........................................................................................GC-1 PRELIMINARY PLAT STATUS................................................................................GC-1 CHANGES IN OFFICIAL CONTROLS......................................................................GC-1 IMPROVEMENTS.......................................................................................................GC-1 IRONMONUMENTS..................................................................................................GC-2 LICENSE......................................................................................................................GC-2 SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING ...................................................................................GC-2 CLEANUP...................................................................................................................GC-3 ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 CLAIMS........................................................................................................................GC-3 PARKDEDICATION..................................................................................................GC-3 LANDSCAPING..........................................................................................................GC-3 WARRANTY...............................................................................................................GC-4 LOTPLANS.................................................................................................................GC-4 EXISTINGASSESSMENTS.......................................................................................GC-4 HOOK-UP CHARGES.................................................................................................GC-4 PUBLIC STREET LIGHTING.....................................................................................GC-4 SIGNAGE..................................................................................................................... GC -5 HOUSEPADS..............................................................................................................GC-5 RESPONSIBILITY FOR COSTS.................................................................................GC-5 DEVELOPER'S DEFAULT.........................................................................................GC-6 MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service ....................................................................................................GC-7 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 i E. Severability ..................... ....................:.....:....................................................... GC -7 F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release..............................................................................................................GC-7 I. Insurance........................................................................................................... GC -7 J. Remedies...........................................................................................................GC-8 K. Assignability.....................................................................................................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance............................................................................................GC-8 P. Storm Sewer Maintenance................................................................................GC-9 Q. Soil Treatment Systems....................................................................................GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations......................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions...............................................................................................GC-10 V. Soil Correction................................................................................................GC-10 W. Haul Routes.........................................................................................................GC-10 X. Development Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys...........................................................................................GC-11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) THE PRESERVE AT BLUFF CREEK 2ND ADDITION AGREEMENT dated May 14, 2007 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, The Ryland Group, Inc., a Corporation (the "Developer'). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for The Preserve at Bluff Creek 2°d Addition (referred to in this Contract as the "plat'). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved May 14, 2007, prepared by Westwood Professional Services, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated May 14, 2007, prepared by Westwood Professional Services, Inc. Plan C: Plans and Specifications for Improvements dated May 14, 2007, prepared by Westwood Professional Services, Inc. Plan D: Landscape Plan dated May 14, 2007, prepared by Westwood Professional Services, Inc. SP -1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements except for the wear course on public streets by November 15, 2007. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $899,954.00. The amount of the security was calculated as 110% of the following: Site Grading/Erosion Control/Restoration $ 495,000.00 Sanitary Sewer $ 41,500.00 Watermain $ 41,500.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 28,000.00 Streets $140,000.00 Sub -total, Construction Costs $ 746,000.00 Engineering, surveying, and inspection (7% of construction costs) $ 52,220.00 Landscaping (2% of construction costs) $ 14,920.00 Street lights and signs $ 5,000.00 Sub -total, Other Costs $ 72,140.00 TOTAL COST OF PUBLIC IMPROVEMENTS $ 818,140.00 SECURITY AMOUNT (110% of $ 818,140.00) $ 899754.00 SP -2 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mark Sonstegard The Ryland Group 7599 Anagram Drive Eden Prairie MN 55344 Phone: 952-229-6000 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. An $899,954.00 letter of credit or escrow for the developer -installed improvements, the $127,067.80 cash fee and the fully -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. The cash fee was calculated as follows: Administration fee: 3% of $500,000.00 + 2% of $318,140.00 $21,362.80 Street light fee (for electricity): 1 light x $300.00/light $300.00 Attorney fees: $450.00 GIS fee: $25.00 (plat) + 20 parcels @ $10.00/parcel $225.00 Surface Water Management Fee $29,634.00 Park Dedication Fee: 12 single family units x $5,800.00/unit $69,600.00 Arterial Collector Fee: 2.29 acres x $2,400.00/acre $5,496.00 TOTAL, CASH FEES: $127,067.80 SP -3 B. ENGINEERING DEPARTMENT CONDMONS OF APPROVAL: 1. The lift station and lift station access must be shown on the plans. 2. The right-of-way for the future public street on the south side of Lyman Boulevard at Audubon Road shall be 60 feet. 3. The plans must show the existing intersection of Audubon Road and Lyman Boulevard. 4. The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek 2°d Addition to the cul-de-sac must be revised so that the minimum finished grade is no less than 2%. 5. Homes with a low floor elevation of 935' or lower will require a pressure reducing valve within the house. 6. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. 7. The $5,496.00 arterial collector fee for this phase must be paid in cash with the final plat. 8. The construction plans must be revised to reflect that private streets will lie within outlots, not public right of way. 9. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable. 10. There is a storage building on the property just behind the city's lift station that need to be removed. 11. Any retaining wall four feet high or taller requires a building permit and must be designed by an Engineer registered in the State of Minnesota. 12. To the maximum extent practicable, the trail along the east side of Bluff Creek must be within close proximity of the manholes for the existing trunk sanitary sewer. 13. Sidewalks to public -streets and within privately owned outlots shall be owned and maintained by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be used by the public. SP -4 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 15.Outlots containing public utilities-watermain, sanitary sewer and storm sewer that conveys runoff from a public street -must have blanket drainage and utility easements over the outlot. Private utilities (e.g. storm sewer that only conveys runoff from a private street) within outlots shall be owned and maintained by the association. C. PLANNING DEPARTMENT CONDITIONS OF APPROVAL 1. Park and Trail fees for the 2°d Addition are $69,600. 2. The City shall reimburse the developer $216,709.00 for the elimination of five lots in the northwest corner of the site. 3. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall be redesigned to avoid impact to the trees. 4. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: a. Type of Slope Time (Maximum time an area can b. Steeper than 3:1 7 days remain open when the area c. 10:1 to 3:1 14 days is not actively being worked.) d. Flatter than 10:1 21 days 5. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. 6. A turf plan shall be submitted to the City indicating the location of sod and seeding areas. 7. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The applicant shall substitute another species with approval from the City. 8. The developer shall work with staff to develop and install appropriate markers at lot lines to demarcate the primary zone. SP -5 9. The applicant shall provide information to show the outlet for Wetland 7 and the routing of water to a public waterbody. 10. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 11. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat recording, is $29,634.00. 12. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase U Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -6 CITY OF CHANHASSEN Thomas A. Furlong, Mayor (SEAL) Todd Gerhardt, City Manager THE RYLAND GROUP, INC. FAA STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) Wayne Soojian, Vice President The foregoing instrument was acknowledged before me this day of 2007, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by Wayne Soojian, Vice President of The Ryland Group, Inc., a Corporation, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 SP -7 NOTARY PUBLIC EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Outlot A and Outlot G, THE PRESERVE AT BLUFF CREEK IST ADDITION, according to the recorded plat thereof, Carver County, Minnesota. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _ day of 20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 2 , of (Name of Bank) 11, b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. In Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) 1DI44411130 "t% 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorders Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional GC -1 engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer s expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineers design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as.otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developers expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. GC -2 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materiahnen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (21/2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot If these improvements are not in place at the time a certificate of GC -3 occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. if the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Eidsting Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess MGM the costs over a four year term at the rates in effect at time of application. If paid with the building permit, the party applying for the building permit is responsible for payment of these fees. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for fumishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (21fi%) of construction costs for the fust $1,000,000 and one and one-half percent (11h%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. GC -5 B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. GC -6 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall tun with the land and may be recorded against the title to the property. After the Developer has completed the work requited of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering GC -7 personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. I Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours for required improvements under this contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated. If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: Fast violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhoms, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by RM the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%a) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws, Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. WatershedDistrict(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. GC -9 U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold hamiless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size constriction plans and four sets of ll"x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size seta of blue linelpaper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both Axf & .tif format (the Axf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either Aoc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. GC -10 Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. Rev. 3/31/06 GC -11 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION ARRplicant Name and Address: KYI.A.f'jn 6()MaS 79-99 Alj,4ni_ AM be�vE `n6ry P2A1RIE Mnl S5"3L4Ly Contact: Mkal Sows TE4A!LD Phone: 9sz-2Z9-Coo-/Fax: 4SL zL9-6o2H Email: Planning Case No. V�-14 CITY OF CHANHASSEN RECEIVED APR 112007 CHANHASSEN PLANNING DEPT Owner Name and Address: SAME /r5 AePLiGAtiT Phone: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)' Subdivision' Fi"A�1- P��T Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attorney Cost*' - $50 CUP/SPRNAC/VAR/WAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. "Sixteen (16) full-size folded copies of the plans must be submitted, including an 81/:" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (".tif) format. *'Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: l HE P2E5E2VF �Li B L u FF 62EE K 2'• t A AD iTian� LOCATION: CH-4"HA-SS6rf 4v6o Sam (1D BI -VD LEGAL DESCRIPTION: o � Tt,o T A —% c� 0 vT l.o t j!� TrIG P2 E S E2 V E 4-r II Lu F= 1i GQEEfc /51- ,46D/TION TOTAL ACREAGE: 3.S'`'/ D6VELfgP6b 4c, WETLANDS PRESENT: YES \ NO PRESENT ZONING: P L/ (MD i2E5 R— Ff REQUESTED ZONING: N/A PRESENT LAND USE DESIGNATION: IZ ES /,LIEN T/ P - L REQUESTED LAND USE DESIGNATION: N�A REASON FOR REQUEST: F/N RL PLAT Go n S I DE2 aTror�l This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. q-11.07 Date 4--n.al Date SCANNED G:1pLAWf sOevelopment Review Application.DOC Rev. 12105 Haak, Lori From: Fauske, Alyson Sent: Thursday, April 26, 2007 8:38 AM To: Haak, Lori Subject: The Preserve 2nd fees Hi Lori, Do you have the SWMP fees for this one? Thanks, Alyson To7az- 4eg-A = 52-y3 a.e eS pt— P< �W�/�zel� — No — 2-7, 91 Ot- OL p —T✓� l - o.�o 6L E—S4y-ze$ — 0.3N 6Llir — To{ La+- p.2a OL- 14 94" Q-ocl Or /Q — D• y � A„A-lvn A2d - o. o 4/30/2007 2.Z Page I of I 6i 6d' / Co4-�' I r '� ell a�� 2 rS r, 3 � 3 2 _ It. y I ac"NEo 2.291 3288 City Of Chanhassen 4/11/2007 Miscellaneous 35002600000.14018.17010 250.00 Ryland Homes 2nd Addition Final Plat Application Fee - The Presery 250.00 left a 4 4 O V THE PRESERVE A T BLUFF CREEK 2ND ADDITION KNOW ALL MEN BY THESE PRESENTS That The Ryland Group, Inc., a Maryland corporation, fee owner of the following described property situated in the County of Carver, State of Minnesota, to wit: Outlot A and Outlot G, THE PRESERVE AT BLUFF CREEK 1ST ADDITION, according to the recorded plat thereof, Carver County, Minnesota. Has caused the same to be surveyed and platted as THE PRESERVE AT BLUFF CREEK 2ND ADD177ON and does hereby donate and dedicate to the public for public use forever the drives, and also dedicates the easements as shown on this plot for drainage and utility purposes only. In witness whereof said The Ryland Group, Inc., a Maryland corporation, has caused these presents to be signed by its proper officer this day of , 200 . THE RYLAND GROUP, INC. m Wayne Soojian, Vice President STA 7E OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 200 , by Wayne Soojian, Vice President of The Ryland Group, Inc., a Maryland corporation, on behalf of the corporation. By Notary Public, My Commission Expires County, Minnesota I hereby certify that l have surveyed and platted the property described on this plat as 7HE PRESERVE AT BLUFF CREEK 2ND ADDI710N, that this plat is a correct representation of the survey, that all distances are correctly shown on the plat in feet and hundredths of a foot; that a// monuments will be correctly placed in the ground as shown, in accordance to Minnesota Statutes, Section 505.02, Subd. 1; that the outside boundary lines are correctly designated on the plat; and that there are no wetlands as defined in Minnesota Statutes, Section 505.02, Subd. 1 or public highways to be designated other than as shown. 71 Robert L. Houle, Land Surveyor Minnesota License No. 43999 STATE OF MINNESOTA COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of Robert L. Houle, Land Surveyor, Minnesota License No. 43999. By Notary Public, My Commission Expires 200 , by County, Minnesota CHANHASSEN, MINNESOTA This plat of THE PRESERVE AT BLUFF CREEK 2ND ADDITION was approved and accepted by the City Council of Chanhassen, Minnesota, at a regular meeting thereof held this day of . 200_, and is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statutes, Section 505.02, Subdivision 1. M Mayor CITY COUNCIL OF CHANHASSEN, MINNESOTA M Clerk COUNTY SURVEYOR, Carver County, Minnesota Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this 200 M day of .onn E. Freemyer, Carver County Surveyor COUNTY AUDITOR, Carver County, Minnesota I hereby certify that taxes payable in and prior years have been paid for land described on this plat. Dated this day of , 200 . DI Mark Lundgren, Carver County Auditor COUNTY RECORDER, Carver County, Minnesota I hereby certify that this plat of THE PRESERVE AT BLUFF CREEK 2ND ADD17101V was filed this 200 , at _ o'clock _.M. as Document No. M day of Carl W. Hanson Jr., Carver County Recorder CITY OF RECEIVED SSEN APR 11 2007 CNpI'kMEN PLANNING DEPT WEST WOOD Professional Services, Inc. Sheet 1 of 3 sheets 100 I I , 174.04 3 `o tai J OUTLOT A \ Edge of� 0 / W o Drainage & Utility .} Wet land \ \ (Easement over all 0 0 of Outlot A LAND L Q 130.00 2 i A- N 01005'17" E I I I / C� All TIL �/0 rEdge of 00 J � WET LAND \ x :C r <J \ Y m h� / N88008'10"W1 o N << awl, IL WET LAND . 2211.57 ' U 2556.27 �� - Q. south line of Outlot A,� \-west line of the E 1/2 of the THE PRESERVE AT BLUFF CREEK 1ST ADDITION U, SE 1/4, Sec. 22, Twp. 116, Rge. 23 h o,� < o a 0 0 000 i o`er J i I, I °o�,00 I P,/,T °`)R 00 I I ii/ ; N01005'17"E W I ' 1-41.00 I tom) R O I 3 INC -,c w I C a .� 2 I ° N O) 05'17" E 287.43 <I`J I-7 ., l/ U / L. l/ I (� ti �0 �•y0 $1 71.96 4 a =41 —�, �,. � � � vo• R,7 3 8 %'4j 7, 0 71.65 L _y / "i =4)F 0 3' � n l ITI nT /, S°r T2s\2 224.60 �\ �� 50. THE PRESERVE A T BLUFF CREEK 2ND A DDI TION yeast line of the E 1/2 of the yeast line of Outlot A, THE PRESERVE 100 0 100 200 300 SE 1/4, Sec. 22, Twp. 116, Rge. 23 i AT BLUFF CREEK 1ST ADDITION Scale In feet N 01005'17" E 1492.54 - _ Scale: 1 inch= 100 feet 800.00 60.00 N ,33 Edge of, 458.50 ��(�188°54'43"W 3 ?60 3S Wet land �` �, ITr �T n `---2.54 s AL JK 3 OUTLOT G 'S o 1 3 Drainage & Utility 9• cc 2 Easement over all 5 o Denotes set 1/2 inch x 14 inch capped iron 3 M v I of Outlot G ,.0 rebar marked by License No. 43,999 3 h WET LAND • Denotes found 1/2 inch x 14 inch capped w o ARS 2 iron rebar marked by License No. 23021 0o IC OUTLOT B soo ire <; The orientation of this bearing system is based `. \SSS! J on the west line of the E 1/2 of the SE 1/4, 3 of 3 sheets) \ p� A� v Sec. 22, Twp. 116, Rge. 23, which is assumed to a 2 N5�l bear N 010 3°39' 4" 06'07" E 2 1 30. 2-�-- •, LO a°po 2 Z 3 4 60 — co j, OU7LOT D \�S \ 60 r�� C8=N01 °19.43"W 4=4°50'00" L=15.18,, - R= 180, 00 =15.18-,-R=180.00 . i 3 ' 9 <,ytia Edge of `j Wet land 5MV/AR3AW.11 k� Drainage & Utility Easement over all ICS of Outlot A li �'• /vim — \�OUTLOT H Drainage & Utility Easement over oil of Outlot H w ti d ate! j �X J \ N01005'17"E o OUTLOT F8°O �O ( 19.83 1 Cot.,/��?6'6+?,s6 80 \ _N8 .00 � O Z \ \ O -48.13 2 3 �� ' 00 , ��° / ) c� 090 Nrn. <; ! -- ° / 7�<�i °�cQ; 0j9 p " N22 qA 52 �� 6p `� `` Z N05°08'38"E N08°3526 W ��o \ ,6=43°42'09" - ' "000/ r3 144.52 _ 144.52 - \ O , R=150.00 ��h �ryN� CB=N31 °05'59 "E ;� co °2°fin.<=--- D�.i\'�� ,----,6=7020'28" 6 1 L=25.63 ►\ " -,� R=200.00 2 NO302653"E �J c Nom. 026 0 o N69015'44"W ,' .,---31.73 n T/ T o � $ 00 �-56/� �0 "� ' NO3°26'53"E V vV. L- k-/ I 5 6 W) 42.48--- 5k6, N86033'07"W,/ ---,--2J-00 m N66OI ?�l . 26.00--`- (V86°33'07"W o O) \ NO302653"E, ---'-40.00 �- v+ `mss03336"N ?l0 10.00--' N76o3j3jE N 03001'21 W \ OU MOT A 1 Drainage &Utility 956T 308.53 \ ` \ I zAL / Edge of Wet land N 01006'07" E `west line of Outlot A, THE PRESERVE AT BLUFF CREEK 1ST ADDITION �kP Easement over all / of Outlot A �` \ `o tai J \ Edge of� 0 / W Wet land \ \ WET LAND L Q , i A- • Wet land /<i ' WET LAND 00 \ All TIL �/0 rEdge of 00 J � WET LAND \ Wet land r <J \ C) / N88008'10"W1 \ AL,� << awl, IL WET LAND '1L 2211.57 ' <I`J I-7 ., l/ U / L. l/ I (� ti �0 �•y0 $1 71.96 4 a =41 —�, �,. � � � vo• R,7 3 8 %'4j 7, 0 71.65 L _y / "i =4)F 0 3' � n l ITI nT /, S°r T2s\2 224.60 �\ �� 50. THE PRESERVE A T BLUFF CREEK 2ND A DDI TION yeast line of the E 1/2 of the yeast line of Outlot A, THE PRESERVE 100 0 100 200 300 SE 1/4, Sec. 22, Twp. 116, Rge. 23 i AT BLUFF CREEK 1ST ADDITION Scale In feet N 01005'17" E 1492.54 - _ Scale: 1 inch= 100 feet 800.00 60.00 N ,33 Edge of, 458.50 ��(�188°54'43"W 3 ?60 3S Wet land �` �, ITr �T n `---2.54 s AL JK 3 OUTLOT G 'S o 1 3 Drainage & Utility 9• cc 2 Easement over all 5 o Denotes set 1/2 inch x 14 inch capped iron 3 M v I of Outlot G ,.0 rebar marked by License No. 43,999 3 h WET LAND • Denotes found 1/2 inch x 14 inch capped w o ARS 2 iron rebar marked by License No. 23021 0o IC OUTLOT B soo ire <; The orientation of this bearing system is based `. \SSS! J on the west line of the E 1/2 of the SE 1/4, 3 of 3 sheets) \ p� A� v Sec. 22, Twp. 116, Rge. 23, which is assumed to a 2 N5�l bear N 010 3°39' 4" 06'07" E 2 1 30. 2-�-- •, LO a°po 2 Z 3 4 60 — co j, OU7LOT D \�S \ 60 r�� C8=N01 °19.43"W 4=4°50'00" L=15.18,, - R= 180, 00 =15.18-,-R=180.00 . i 3 ' 9 <,ytia Edge of `j Wet land 5MV/AR3AW.11 k� Drainage & Utility Easement over all ICS of Outlot A li �'• /vim — \�OUTLOT H Drainage & Utility Easement over oil of Outlot H w ti d ate! j �X J \ N01005'17"E o OUTLOT F8°O �O ( 19.83 1 Cot.,/��?6'6+?,s6 80 \ _N8 .00 � O Z \ \ O -48.13 2 3 �� ' 00 , ��° / ) c� 090 Nrn. <; ! -- ° / 7�<�i °�cQ; 0j9 p " N22 qA 52 �� 6p `� `` Z N05°08'38"E N08°3526 W ��o \ ,6=43°42'09" - ' "000/ r3 144.52 _ 144.52 - \ O , R=150.00 ��h �ryN� CB=N31 °05'59 "E ;� co °2°fin.<=--- D�.i\'�� ,----,6=7020'28" 6 1 L=25.63 ►\ " -,� R=200.00 2 NO302653"E �J c Nom. 026 0 o N69015'44"W ,' .,---31.73 n T/ T o � $ 00 �-56/� �0 "� ' NO3°26'53"E V vV. L- k-/ I 5 6 W) 42.48--- 5k6, N86033'07"W,/ ---,--2J-00 m N66OI ?�l . 26.00--`- (V86°33'07"W o O) \ NO302653"E, ---'-40.00 �- v+ `mss03336"N ?l0 10.00--' N76o3j3jE N 03001'21 W \ OU MOT A 1 Drainage &Utility 956T 308.53 \ ` \ I zAL / Edge of Wet land N 01006'07" E `west line of Outlot A, THE PRESERVE AT BLUFF CREEK 1ST ADDITION WES T WOOD Professional Services, Inc. Sheet 2 of 3 sheets �kP Easement over all / of Outlot A �` \ \ Edge of� 0 / W Wet land \ \ f Edge of /\L, \ i A- • Wet land /<i ' WET LAND 00 \ All TIL �/0 00 J � WET LAND \ r <J \ / N88008'10"W1 \ AL,� awl, 1I YML — • 2211.57 ' 2556.27 �� - south line of Outlot A,� \-west line of the E 1/2 of the THE PRESERVE AT BLUFF CREEK 1ST ADDITION SE 1/4, Sec. 22, Twp. 116, Rge. 23 WES T WOOD Professional Services, Inc. Sheet 2 of 3 sheets l�J 19 O'9 �O N 1,Sc7S45n--= w Drainage and Utility Easements are shown thus: THE PRESERVE A T BLUFF CREEK 2ND ADDITION o Denotes set 1/2 inch x 14 inch capped iron rebar marked by License No. 23021 —I 5 ~ 5 Denotes found 1/2 inch x 14 inch copped I I iron rebar marked by License No. 23021 _o ---------J L — — l ----- (No Scale) Being 5 feet in width, unless otherwise indicated, and adjoining lot lines, and 10 feet in width, unless otherwise indicated, and adjoining street right—of—way lines, outlot lines and rear lot lines as shown on the plat. The orientation of this bearing system is based on the west line of the E 1/2 of the SE 1/4, Sec. 22, Twp. 116, Rge. 23, which is assumed to bear N 01 006'07" E. INSET A (From sheet 2 of 3 sheets) 8�S90 2,7 4 N 84008'06" W 30 0 30 60 90 Scale in feet Scale: 1 inch= 30 feet wESTw000 Professional Services, Inc. Sheet 3 of 3 sheets m � W< Qy o ., W 3 W 7t ~ to �i :'0 ti ICE wESTw000 Professional Services, Inc. Sheet 3 of 3 sheets