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7.3 SR 06-01-2020Request for Action Cty Elk — River To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Tiune Prepared by Public Hearings 1, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Preliminary and Final Plat: Eagles Marsh Fourth Cal Portner, City Administrator Reviewed by Addition, Phoenix Enterprises Action Requested Approve, by motion, the Preliminary Plat for Eagles Marsh Fourth Addition, with the following conditions: 1. Pedestrian ramps must meet current ADA standards, including landings and truncated domes. 2. Access to 17760 Lincoln Street must be maintained during construction. 3. Staff approval of all site, engineering, and utility plans. 4. Sidewalks should be added to the south side of Lincoln Street and extended to the intersection with Johnson Street. 5. All homes are required to have two trees in the front yard per ordinance. 6. All mailboxes shall be clustered. Adopt, by motion, a resolution approving the final plat for Eagles Marsh Fourth Addition with the following conditions: 1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 2. Water Availability Charge shall be paid in the amount required by the city when the Final Plat is released for recording (currently $368/ plumbing unit). 3. A Letter of Credit shall be provided to the city in the u CR 33 3 S RR Hwy 10 CR 12 �a 6y amount of 100% of the costs of the public improvements. 4. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the F'ffe city engineer must be secured. 5. Development Plan shall be approved by the city engineer prior to issuance of building permits. 6. Any item or condition found that indicates the site is likely to yield information important to pre- history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Approve, by motion, the Development Agreement for Eagles March Fourth Addition. P 0 W I R I 1 6Y NaA f RE] Background/Discussion The plat of Eagles Marsh was first approved on August 20, 2001, and included 39 single-family lots and a lot for a municipal water tower. An update was approved on July 17, 2017, and to date, 29 single-family lots have been final platted along with the water tower parcel. Approval of the preliminary plat is required as a final plat has not been recorded since 2017. The only changes from the original plat are associated with standards that have changed since 2001. Planning Commission The applicant submitted an email objecting to the requirement that the sidewalk be extended along the south side of Lincoln Street. Previous approvals had not included this requirement and the current proposal includes a sidewalk along the north side of Lincoln St. Staff included the condition to add the sidewalk after completing a larger scope review of the sidewalk network, noting the current termination of the sidewalk on the south side of Lincoln and considering the grade separation between east/west bound Lincoln. The city also received an email during the public hearing asking about the potential trail. The applicant stated the current trail terminates at city property, which it does, and the 2018 Trails Master Plan includes a trail around Kliever Lake. When the trail is constructed, it will likely use the current terminus of the sidewalk. The Commission discussed the sidewalk extension and felt the additional sidewalk connection was appropriate. The Commission unanimously recommended approval of the preliminary plat. Sidewalk Extension On May 20, 2020, staff met the developer on site to review their concerns with the proposed south side sidewalk extension on Lincoln St. The utilities are installed, including gas and electric, and the extension would require extensive additional work — including relocation of a fire hydrant and electric utility boxes. After the site visit, staff supports removing the condition to extend the sidewalk along the south side of Lincoln. Development Agreement The conditions of approval include a requirement of a signed Development Agreement. The agreement outlines the costs and responsibilities to the satisfaction of city staff. Staff and the city attorney drafted a Development Agreement outlining these responsibilities and are seeking Council approval. The Development Agreement closely follows our standard agreement, and outlines required security in the form of a Letter of Credit and escrow deposits. Financial Impact None Attachments ■ Planning Commission Packet dated April 28, 2020 ■ 2018 Trail Master Plan ■ Final Plat of Eagles Marsh Fourth Addition ■ Resolution ■ Development Agreement 0 Applicant Letter dated May 13, 2020 Request for Action city+ of ElLk _ River To Item Number Planning Commission 6.3 Agenda Section Meeting Date Prepared by Public Hearings Aril 28, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Phoenix Enterprises— Outlot A Eagles Marsh Third Chris Leeseberg, Senior Planner Reviewed by Addition ■ Preliminary Plat for Eagles Marsh Fourth Addition, Case No. P 20-08 Action Requested Recommend, by motion, approval of the Preliminary Plat for Eagles Marsh Fourth Addition, with the following conditions: 1. Pedestrian ramps must meet current ADA standards, including landings and truncated domes. 2. Access to 17760 Lincoln Street must be maintained during construction. 3. Staff approval of all site, engineering, and utility plans. 4. Sidewalks should be added to the south side of Lincoln Street and extended to the intersection with Johnson Street. 5. All homes are required to have two trees in the front yard per ordinance. 6. All mailboxes shall be clustered. Background/Discussion The plat of Eagles Marsh was first approved on August 20, 2001, and included 39 single-family lots and a lot for a municipal water tower. An update was approved on July 17, 2017, and to date, 29 single-family lots have been final platted along with the water tower parcel. Approval of the preliminary plat is required as a final plat has not been recorded since 2017. The only changes from the original plat are associated with standards that have changed since 2001. Comprehensive Plan Figure I The Comprehensive Plan guides this area for urban residential uses where homes will be connected to city services. The proposal meets all requirements of the plan. Site Plan ywy �a 6y The plat includes 10 new single-family lots, which are the final 10 lots in the subdivision. All of the parcels are within the city's Shoreland Management Zone, requiring a minimum lot size of 20,000 square feet and 125 feet in width. The plat also includes the right-of-way for Lincoln Street NW, which will PV0WIAEU 6Y m/■'► RE intersect Johnson Street. The segment of Lincoln Street left to be constructed will be divided, with all homes on the street having right-in/out access only. Due to the topography of the site the split road has been proposed to minimize grading and create more useable parcels. All of the parcels meet the minimum design standards described in the city code. Sidewalks are shown on the north side of Lincoln Street, but there is an existing sidewalk on the south side of Lincoln Street. Staff has included a condition to extend both sidewalks to the intersection with Johnson Street. The applicant is also proposing to Final Plat the remaining 10 lots. Engineering and Utilities The grading and utility plans are generally consistent with the plans from the original subdivision in 2001. Much of the site has been rough graded, and minimal work will be needed to prepare the current addition for construction. Public utilities have been installed beneath Lincoln Street, and the stubs are in place. All homes will be connected to city services. Parks Park dedication was satisfied with the dedication of Outlot B, Eagles Marsh Second Addition, and additional land or cash dedications are not required. Preliminary Plat City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. 9. The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and conforms in all respects n ith all requirements of this Code, including the honing regulations and this article. The proposed subdivision is consistent with all zoning regulations, including the additional design standards required for lots within the shore land management district. 2. The proposed subdivision is consistent n ith all applicable general and speciali.Zed city, county, and regional plans, including but not limited to, the city's comprehensive development plan. The subdivision is consistent with all applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. Specific concerns related to topography and density have been addressed through the design process. Some of the changes include the larger lots due to proximity to Kliever Marsh, and the divided roadway to reduce grading needs. The site is suited for the proposed development. 4. The proposed subdivision makes adequate provision for n ater supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherm'se required in this article. The subdivision includes public utilities and stormwater infrastructure to meet city requirements. Additional permits required to comply with erosion control standards are a requirement of city ordinances and must be reviewed and approved separately. 5. The proposed subdivision will not cause substantial environmental damage. The subdivision will not cause substantial environmental damage. The increased design standards for parcels near natural environmental features ensure substantial damage will not occur. 6. The proposed subdivision will not conflict with easements of record or n.,ith easements established by judgment of a court. The subdivision does not conflict with easements of record. 7. The proposed subdivision mill not have an undue and adverse impact on the reasonable development of neighboring land. This will be one of the last subdivisions in the area, and will not impact reasonable development of neighboring land. 8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormn.,ater drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sen!er systems. d. Lack of adequate off -site public improvements or support systems. The subdivision is not premature as the above conditions have been provided for. In reviewing the standards for approval of a preliminary plat, the proposed project meets the standards, and is recommended for approval. Financial Impact None City Council With a recommendation from the Commission, the City Council will review this application on May 18, 2020. Attachments ■ Location Map ■ Preliminary Plat dated March 18, 2020 ■ Construction Plans dated March 18, 2020 ■ Final Plat dated March 18, 2020 w 71A =IOU °T hr pp r °i'w. d x a . J E-eacrles --Nlardy Fourth Addition 11' lAin SFinal P1hit. d4 � e - Case No- P 20-08 E1 - P20-09 RiverT Z RRLSE LEGEND RE DENOTES GATE VALVE = DENOTES FOUND IRON MONUMENT AP DENOTES HYDRANT -DENOTESDENOTES WATER LINE -sus- DENOTES SURFACE CONTOUR (E FT. INTERVAL) ® = DENOTES WATER SERVICE - DENOTES SIGN DENATES® �= DENOTES CONCRETE SURFACE OO - DENOTES SANITARY SEWER MANHOLE - = DENOTES SANITARY SEWER LINE ® - DENOTES CATCHRASIN ❑= DENOTES BITUMINOUS SURFACE DENOTES ST111 0 = DENOTES ELECTRIC ETRANS FORMER 6 = DENOTES LIGHT DOLS - - = DENOTES OVERHEADELECTRIC �o - DENOTES TELEPHONE PEDESTAL 7 r S,E AS Ha (NOT TO SCALE) ��ee o m"rm o� +n� olaLotltlne<rAre DESCRIPTON OF PROPERTY TO BE PLATTED: (PID 10, 75 817-0010) D.— A. EAGLES HARSH THIRD ADDITION, SHn—P. County, mm ...to. 1. RDo y hca tHott o. occurotc ono current Ltic aevc" moy Uvclme. OMLe °r tlerpr° tleplet tl pn per Ina I tl�u °u'9n� m LI°Mva a"miss,-D.r oozi' a/R e°eazmD.c D p a1° 9 1m�ynen° °N �m 1 21DI B.1sneP ro y °eltl c-- A. Remi y n °a p ."._ in—lapr°r.� insaDG y AEll R'EAGLES NARSHR—D 1. NmL".°., .P EAGLES N�es'H s�ea,D ADOInDN. °a°° SLreeI sy e.tN "1°"�010 L"+ s"m , D E11 , r L ., LLI 1 z3s Ew�';� i—, � � )`"1 �a0s=3�0 ol A- (acij+Ie9Aaa11171 71 (6ej azNi11 Sseeo3 VICINITY MAP SRC.I, T.W. R.ES DATE I REVISION "ere Deertily t"°t t u" , pl- ° r.p°N "°a pre �retl Ay m tl rP"'tl" °' ry" """ef'"e 1eM4 "'°'"e M RUM RIVER EAGLES MARSH FOURTH ADDITION PRELIMINARY PLAT I s;ete a �L— �ASMM MW S,PHOENIX ENTERPRISES, LLC CITY OF ELK RIVER, MINNESOTA 1v-sisisT -\C11— P11 PL Dote BP RUM RIVER (�S LAND SURVEYORS & ENGINEERS �0.(763) 3o9aa76 e' ­.x n 1511, ram (763) 631-0376 EAGLES MARSH FOURTH ADDITION SITE DEVELOPMENT PLANS FOR PHOENIX ENTERPRISES, LLC IN THE CITY OF ELK RIVER THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." DEVELOPER/OWNER PHOENIX ENTERPRISES, LLC 19230 EVANS STREET SUITE 115 ELK RIVER, MN 55330 RICK FOSTER ENGINEER/SURVEYOR RUM RIVER LAND SURVEYORS AND ENGINEERS P.O. BOX 1044 P Rit CETON, MN 55371 CRAIG J. JOCHUM, P.E. B RIAN PERSON, P.L.S. 763-42]-5860 763-427-0520 (FAX) SHERBURNE COUNTY, MINNESOTA BENCHMARKS: 1D TNH AT INTERSECTION OF LINCOLN STREET AND 178TH AVENUE. ELEV-921.59 (2 TNH AT INTERSECTION OF LINCOLN STREET AND JOHNSON STREET. ELEV-943.45 GOVERNING SPECIFICATIONS THIS PROJECT SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE ELK RIVER STANDARD SPECIFICATIONS AND THE 2018 EDITION OF THE M INNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION". IF THERE IS A DISCREPANCY BETWEEN THE TWO SPECIFICATIONS, THE ELK RIVER STANDARD SPECIFICATIONS SHALL GOVERN. ALL FEDERAL, STATE AND LOCAL LAWS, REGULATIONS, AND ORDINANCES SHALL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL CONFORM TO THE LATEST EDITION OF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. INCLUDING THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. SHEETINDEX THIS PLAN CONTAINS 13 SHEETS SHEET NO. DESCRIPTION 1 TITLE SHEET 2 CONSTRUCTION NOTES AND TABULATIONS 3 DETAILS 4 CITY STANDARD PLATES 5 GRADING. DRAINAGE AND EROSION CONTROL PLAN 6 STREET PROFILE ALIGNMENT INDEX 7-8 CONSTRUCTION PLAN—LINCOLN STREET —NORTHBOUND 9 CONSTRUCTION PLAN—LINCOLN STREET—SOUTHBOUND 10 X7—X3 CONSTRUCTION PL4N—LINCOLN STREET —MERGE CROSS SECTIONS I hereby certha lily tt this plan, specificotio n, a report report s prepared Ly m under TV direct supervision and that a a duly Licensed Pro io nal En in er untler the laws of the State of Minnesota. 23461 DATE 3/18/20 CRAIGS J. JO H J,eP.E. LIC. NO. RUM RIVER N SURVEYORS AND ENGINEERS DESIGN ENGINEER JUSTIR FEMRITE, P.E. CITY ENGINEER DATE SHEET 1 OF 10SHEET 1 OF 10 SHEETS GENERAL CONSTRUCTION AND SOILS NOTES: 1. TOP OF THE GRADING SUBGRADE IS DEFINED AS THE BOTTOM OF THE CLASS 5 AGGREGATE BASE OR PAD ELEVATION. ALL UNSTABLE MATERIAL SUCH AS TOPSOIL, SILTS, ORGANIC MATERIALS, MUCK, ETC. ENCOUNTERED DURING EXCAVATION SHALL BE REMOVED. 2. STRIP AND REUSE ALL INPLACE TOPSOIL IN PERVIOUS AREAS DISTURBED BY CONSTRUCTION. 3. STREET AND LOT FILL SHALL BE CONSTRUCTED WITH ENGINEERED FILL. ALL EXCAVATION, SOIL CORRECTIONS AND FILL SHALL BE CONSTRUCTED UNDER THE DIRECTION OF A GEOTECHNICAL ENGINEER. ENGINEERED FILL FOR THIS PROJECT SHALL CONSIST OF ALL SOILS ENCOUNTERED WITH THE EXCEPTION OF TOPSOIL, SILT, DEBRIS, ORGANIC MATERIAL AND OTHER UNSTABLE MATERIAL. THE MATERIAL SHALL HAVE A CLASSIFICATION OF SP, SM OR SP-SM (USCS CLASSIFICATIONS) AND MEET ALL CITY REQUIREMENTS. 4. SAW CUT AND MILL WHEN PLACING NEW PAVEMENT ADJACENT TO INPLACE PAVEMENT AND AT TERMINI OF CONSTRUCTION TO ENSURE A UNIFORM JOINT. 5. BITUMINOUS AND CONCRETE ITEMS DISTURBED BY CONSTRUCTION SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF IN ACCORDANCE WITH MN/DOT SPEC. 2104. 6. USE TACK COAT BETWEEN ALL BITUMINOUS MIXTURES. THE BITUMINOUS TACK COAT MATERIAL SHALL BE APPLIED AT A UNIFORM RATE OF 0.04 GAL/SY TO 0.06 GAL/SY. THE APPLICATION RATES ARE FOR UNDILUTED EMULSIONS. 7. PERFORMANCE GRADED (PG) ASPHALT BINDER PG 58H-34, SPEC. 3151, SHALL BE USED FOR ALL BITUMINOUS MIXES ON THIS PROJECT. 8. THE BITUMINOUS MIXTURES SHALL MEET THE REQUIREMENTS OF SPECIFICATIONS 2360 AND 3139. 9. IF NECESSARY, THE UTILITY COMPANIES WILL RELOCATE THEIR FACILITIES CONCURRENTLY WITH THE CONSTRUCTION OPERATIONS. CONTRACTOR SHALL SCHEDULE CONSTRUCTION IN COOPERATION WITH UTILITY RELOCATION. 10. EROSION CONTROL SHALL CONFORM TO THE MN/DOT EROSION CONTROL HANDBOOK. 11. UTILITIES, INCLUDING SANITARY SEWER, WATERMAIN AND STORM SEWER, ALONG LINCOLN STREET WERE PREVIOUSLY CONSTRUCTED PER THE STREET AND UTILITY IMPROVEMENT PLANS PREPARED BY BDM CONSULTING ENGINEERS DATED MARCH 17, 2006 AND AS -BUILT JANUARY 27, 2008. LINCOLN STREET NORTHBOUND AND SOUTHBOUND WERE CONSTRUCTED TO POINTS SHOWN ON PLANS, APPROXIMATELY 150 FEET AND 340 FEET SOUTHEAST OF 17BTH AVENUE. CONTINUATION OF LINCOLN STREET IS SHOWN IN CONFORMANCE WITH SAID STREET AND UTILITY IMPROVEMENT PLANS AND NO REVISION TO SAID IS PLANS IS INTENDED. GENERAL CONTROL NOTES: 1. THE SITE IS COVERED UNDER AN ACTIVE MPCA CONSTRUCTION STORMWATER GENERAL PERMIT (PERMIT ID NUMBER: C00047806). A CSW TRANSFER FORM SHALL BE COMPLETED AND EMAILED TO THE MPCA PRIOR TO COMPLETING ANY WORK ON SITE. 2. THE CONTRACTOR SHALL INSTALL EROSION AND SEDIMENT CONTROL FACILITIES (BMP'S) PRIOR TO GRADING AND REMOVAL ACTIVITIES. BMP'S SHALL BE MAINTAINED FOR THE DURATION OF CONSTRUCTION ACTIVITIES AND POTENTIAL FOR EROSION HAS PASSED. 3. THE CONTRACTOR SHALL SCHEDULE HIS OPERATION TO MINIMIZE THE AMOUNT OF DISTURBED AREA AT ANY GIVEN TIME. 4. BMP'S SHALL BE INSPECTED DAILY BY THE CONTRACTOR AND DOCUMENTED IN THE SWEEP INSPECTION LOG. SWEEP SHALL BE PROVIDED TO THE CITY. 5. ALL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE PROPERLY DISPOSED OF WITHIN THIRTY (30) DAYS AFTER FINAL SITE STABILIZATION IS APPROVED BY THE ENGINEER. 6. THE CONTRACTOR SHALL FILE NOTICE OF TERMINATION (NOT) WITH THE MPCA WHEN FINAL STABILIZATION IS APPROVED BY THE ENGINEER. DATE REVISION yrL e^CSe mo .E, ^Pe VS a'„o' m¢r, TAE CONSTRUCTION NOTES SHEET omP,d„ s ,. "" 1„„aw= RUM RIVER EAGLES MARSH AND TABULATIONS Mss cnvnsoxvaYoxseeres FOURTH ADDITION Y CITY OF ELK RIVER, MINNESOTA Da}e 3/18 /20 RA J HUM. 23461 CJJ P-913s 19 MATCH GRADE R.O.W. 8'1 10' 10' S OUTHBOU ND 8618 PROFILE CONCRETE GRADE CURB AND GUTTER N4 Px SURMOUNTABLE - CONCRETE CURB AND GUTTER 1� R.O.W. 10' 10' 6' 8618 NORTHBOUND CONCRETE PROFILE �2 CURB AND GRADE 2.00% GUTTER MAX J PR\F5 6" 6.. 6" CONCRETE WALK 4" CLASS 5 AGGREGATE BASE 9.5 WEARING COURSE MIXTURE (S PWEA240C) 6" BITUMINOUS MATERIAL FOR TACK COAT SURMOUNTABLE CONCRETE CURB 2.5" SP 12.5 NON WEARING COURSE AND GUTTER 1� 1.5" SP 9.5 WEARING COURSE MIXTURE (SPNW8230C) MIXTURE (SPWEA240C) 8" CLASS 5 AGGREGATE BASE BITUMINOUS MATERIAL FOR TACK COAT APPROVED SO BE BADE 2.5" SP 12.5 NON WEARING COURSE MIXTURE (SPNWB230C) 8" CLASS 5 AGGREGATE BASE APPROVED SUBGRADE ' 1 TYPICAL STREET SECTION 3 CENTERLINE STATIONS 4+15 TO 8+25 R.O.W. 10' 10' 8' CON NTHBOUND CONCRETE PROORFILE CURB AND GRADE 2.00% GUTTER 02 I 2.00% 1 I I i 1 IL6" CONCRETE WALK 4" CLASS 5 AGGREGATE BASE 1.5" SP 9.5 WEARING COURSE MIXTURE (SPWEA240C) BITUMINOUS MATERIAL FOR TACK COAT SURMOUNTABLE CONCRETE CURB 2.5" SP 12.5 NON WEARING COURSE AND GUTTER 1� MIXTURE (SPNWB230C) 8" CLASS 5 AGGREGATE BASE APPROVED SUBGRADE z TYPICAL STREET SECTION 3 CENTERLINE STATIONS 8+25 TO 10+44 2' ISAWC II BITUMINOUS PAVEMENT MILL BITUMINOUS EXISTING PAVEMENT (1 .5") pROPOSEO STREET STREET SECTION PER SECTION BITUMINOUS WEAR COURSE 3 PAVEMENT BITUMINOUS MILLING DETAIL 3 SLEEVE N%NHOLE COVER - ASSEMBLY MANHOLE R.O.W. VARIES CL VARIES VARIES VARIES 6' R.O.W. 2' MERGE PROFILE 2.00% GRADE MPx Y 4.00S, VARIES VARIES A:1 a, M 4k —I I— —I I— 6 SURMOUNTABLE CONCRETE CURB & 6" CONCRETE WALK GUTTER (TYP.)(1 4" CLASS 5 AGGREGATE BASE 1.5" SP 9.5 WEARING COURSE MIXTURE (SPWEA240C) BITUMINOUS MATERIAL FOR TACK COAT 2.5" SP 12.5 NON WEARING COURSE MIXTURE (SPNWB230C) 8" CLASS 5 AGGREGATE BASE APPROVED SUBGRADE 3 TYPICAL STREET SECTION 0 3 CENTERLINE STATIONS 2+98 TO 4+15 FILTER ASSEMBLY ISOMETRIC VIEW IN -PLACE ELEVATION VIEW REFERENCE NOTES: STORM DRAIN INLET PROTECTION O CONSTRUCT CURB PER CITY STANDARD PLATE No. 2000. CONSTRUCT B618 CONCRETE CURB AND GUTTER AT CATCH BASINS PER CITY 3 STANDARD PLATE NO. 2005. 02 TIP OUT GUTTER AT 2.00%. DATE REVISION m¢ s °'" °"" °"° SAE RUM RIVER EAGLES MARSH DETAILS SHEET I.N;C cnNnsTx C`xseercummes FOURTH ADDITION Date 3/18/20RA J HUM. uo.NP.E. ro : F �O o. 23461 ��a�ocii CITY OF ELK RIVER, MINNESOTA � \\ �E AHP LDGA„DN 11 01/2'• \ 28' SURMOUNTABLE CONCRETE CURB AND GUTTER 3" RADIO,1/2' RIO ADS SERVICE STAMP LOCATION I/2' RAD us a RADus� 31 - 1 s oPE 3, 1 PER FTC A. a E618 CONCRETE CURB AND GUTTER REI I DO. 1 SURMOUNTABLE AND 13618 NO. ../. CONCRETE CURB AND GUTTER 2000 DEFLECTOR PLATE OVERFLOW 1 - CENTER OF OLDER ASSEMBLY OVERFLOW 2 - TOP OF CURB BOX 10' RUDER ABSMDBLT 111 0 MODEL{{ CO W67 HIGH ROW FABRIC OR EQUAL /2006 CATCH BASIN urz°'LET �� PROTECTION .ver11 T25 AlSURIMOUIDTABLE 3_- . a BA s A L _ c c —DIC BEGIN TRANS. ED ' BJ J RB B618 CURB AND GUTIEER ESS SOJ30AHCROR EWBE EETO T PR DE PROFI£ G 36 1 2" 10-0' -NO. A ONES ILEE GRACE II 1UTTER tt�j NT ° [n2ry ' Ex1..IIINT ` lJ� ©= GUTTER FLOW LINE *i B FROM FRAME NE RESULTS IS UE­ s4ERSELY. AU.SECTION A -A wu 2 - a 1 11' FRONT TOP EDGE OF FRAME No FRONT OP EDGE OF c.. . 1 ExP .IO NT SECTION C-C CXP. UOINi 1ATCNREOGEE111 r� 1 MEETNG CO PSOOFAR 11" END -C-621SREWIRE 6 2'-0" SEE SPECIFICATIONS. SOUND RINAL GS 3'3ENDS 6 %9C MORTAR BETWEEN SECTION B-BCULI TxICK copT REv: 2/2017 TAIIARI CATCH BASIN FRAME PLACEMENT 1 .� SURMOUNTABLE CURB AND GUTTER NO' R1VeI 2005 RE MESH REINFORCEMENT (oe atle0) GEOTE%'RLE FABRIC POST SPACING -SEE NOTE FAABRIG LLN THORTAM TRENCH. NANRAL SpL PER RUN ROW MNm^"� A. MIN. NOTE: SLT FENCE DETAIL I SPAGEDNCT 10' ON LESS ANDTORS11 AT LEAST 2 I.P.THE D 'PATOUND 2. SILT UCD W OUT SUPPORT FENCES POST SHALL SPAGEO AT 4 OR LESS,D DRIVEN AT LEAST 3' INTO THE GROUND BE V ] 2007 TANDAID STANDARD SILT FENCE EAD 2009 NGPO Gaa^Gc QJOJ pg S R oc 10 MN, ^' N r"C MpkJ 6 MIN. :a 1 1/2 U 2 WASIILU BEEN NOTE. R111 FITRANCE DO BE CE (MINI IN LENGTH) WANN AT DUE T, COSS INITIAL TO INGPECTIONGAIAIE AFTER BACKFILL IN ORDER TO 7/2007 ROCK CONSTRUCTION ENTRANCE sry qNu BUILDING PERMIT Riv r 2015 0 1N, s;a„Lm E'. m° v`°1N""- U.- 11. 11.1 AE RUM RIVER EAGLES MARSH CITY STANDARD PLATES ........ o QET C - MMss cnNnsvxvBxoxseeNcuNemes FOURTH ADDITION Lic. No. 23461 �IDIocLa CITY OF ELK RIVER, MNNESOTA GENERAL NOTES: 1. HOUSE TYPES AND ELEVATIONS SHOWN ARE BASED ON THE APPROVED GRADING PLAN FOR EAGLES MARSH END ADDITION. 2. ALL DISTURBED PERVIOUS AREAS SHALL BE RESTORED WITH 4" OF TOPSOIL, TYPE 1 FERTILIZER (300 LBS/ACRE), SEED MIX 25-131 (220 LBS/ACRE) AND CATEGORY 3 EROSION I — — — — — — j CONTROL BLANKET. \ \ I REFERENCE NOTES: 1 1� ELEVATIONS BASED ON DROPPING THE GARAGE THREE COURSES. --f-- (2 GARAGE FLOOR ELEVATION WILL BE LOWER THAN THE CURB ELEVATION. ELEVATIONS BASED ON A 14 COURSE BASEMENT. LEGEND ---- --- EXISTING CONTOUR xaa— PROPOSED CONTOUR EXISTING STORM SEWER DRAINAGE AND UTILITY EASEMENT SETBACK LINE PROPERTY LINE OUTSIDE DEVELOPMENT PROPERTY LINE WITHIN DEVELOPMENT EXISTING CONCRETE CURB AND GUTTER PROPOSED CONCRETE CURB AND GUTTER PROPOSED CONCRETE CURB AND GUTTER STORM DRAIN INLET PROTECTION PER CITY STANDARD PLATE NO. 2511 ANDS 3 0 © UTILITY PEDESTALS ® EXISTING CATCH BASIN ROCK CONSTRUCTION ENTRANCE PER CITY STANDARD PLATE NO. 2015 LOWEST OPENING OR GRADE AT REAR OF HOUSE HOUSE TYPE E FB FULL BASEMENT WOFULL BASEMENT WALKOUT SE/SIDE SPLIT ENTRY SIDE WALKOUT GARAGE FLOOR ELEVATION IlliIj �IIIP �— 92 \�`/ ��_� � � Y� \\\N\\ v II 11I � �`�` 1 v�y� _�=- III ✓I _ �C >'1 e� A 1 I I ax ems,/_ ,-<��. x �� 1/ / n I: x`.� Lc�_�' — ---------------- ---- Djr L _ �/Jy�� f AD DATE REVISION ED �nE RUM RIVER EAGLES MARSH GRADING, DRAINAGE AND SET enSe° m° .E°, P°V mF. eu�nsvxvaxoxseerrER' EROSION CONTROL PLAN OF FOURTH ADDITION Hp lTta T9�RA HUM•, P.E. �3ae1 p1�m�jj ," CITY OF ELK RIVER, MINNESOTA s e s -, II I I I II II I I 1 I I I I _ II --- II r- I I I 1 I 1 I I I I I I I r I i I I I I I 1 I I I I I I I 1 I I I I I I I I I I I I I I I I I i 1 I I I I I I I I I 1 I 9+00 8+0 o iD+00 � — — i / ; i i I Ii 1 v y II \ \ II \ \ I \ \ I \ \ I 1 i II \ \ II \ \ 1 1 II \ \ 1 \ I \ \ I \ \ I \ I 1 I \ LINCOLN STREET —NORTHBOUND \\ SEE SHEETS 7-8 II \ JOHNS°N srREer i I LINCOLN STREET —MERGE v SEE SHEET 10 o I IJ l l ip 1 /OX h 7+00 XSapp // 6+00 8+00 7+00 / __'�:ALINCOLN STREET—CENTERLINE(l) / 0 p0 8 00 7+00 LINCOLN STREET—SOUTHBOUND SEE SHEET 9 I r--—— — — — — —— 1 I 1 1 1 I 1 1 I 1 \ \ 1\\ \ REFERENCE NOTES: 1) CROSS SECTION STATIONING IS BASED ON THE LINCOLN STREET —CENTERLINE ALIGNMENT. omn,S;m°"` """""''°_ AE UVEAGLES MARSH STREET PROFILE RUM RIER ° ALIGNMENT INDEX 5 C cnNnsvxvaxoxseerrcummes FOURTH ADDITION Da}e 3/18/20 RA J CHUM. P.E. ro_,w'd : SOTA F �� L;o. No. 23461 ��a�oc�� CITY OF ELK RIVER, MINNIE I I II \ \ I I \ \ X LOT 7 LOT 2 LOT 3 INV=917.25 CS=927.25 INV=918.88 CS=929.35 1 INV=920.95 \ \ CS=930.30 \ \ \ \ LOT 4 INV=931.24 TT 1 \ \ CV=920.57 X I I I ADJUST CASTING \ \ I/\ 2 EXISTING FL-928.E0 \ \ I 3 I I PROPOSED FL=929.49 \ \ 1 X SA CUT AND J �_------- --- ------- ---J-----------FT --T L--___ 3 2a REMOVE ELF _----- --- —__ __ CONCRETE CURB � ----- scan IN rT. 9+00 8+00 7+00 LINCOLN STREET —NORTHBOUND SAWCUT 1ELF, REMOVE pp SITU M INDUS DPAVEMENTS(ii I REMOVE SIGN _ SA CUT AND ' REMOVE 3LF CONCRETE CURB LINCOLN STREET—SOUTHBOUNO (SEE SHEET 9) - o � • o LEGEND EXISTING WATERMAIN/WATER SERVICE 945 945 ' EXISTING SANITARY SEWER/SEWER SERVICE > EXISTING STORM SEWER ® EXISTING CATCH BASIN Os EXISTING SANITARY SEWER MANHOLE 940 94o M EXISTING WATERMAIN VALVE 120' VC � EXISTING HYDRANT K - 29.49 CS=XXX.X TOP OF CURB STOP ELEVATION A.D. _ —4.07% PVI ELEV = 928, 16 INV=XXX.X INVERT ELEVATION OF SEWER SERVICE 935 PVI STA = 9+90 + 935 HIGH POINT STA - 9+30 HIGH POINT ELEV = 928.64 GENERAL NOTES: 0l —080% 1. SEWER AND WATER SERVICE ELEVATIONS —93D 930 II SHOWN ARE BASED ON THE RECORD PLANS FOR EAGLES MARSH 2ND ADDITION. REFERENCE NOTES: > _ 1) SAWCUTTING AND MILLING BITUMINOUS 925 925 PAVEMENT SHALL DE PER . E 920 920 915 915 910 - 910 V m a m w 905 w w 905 11 10 9 8 7 6 DATE REVISION "�AE m¢r, RUM RIVER LAND SURVEYORS &. ENGIIJCffi15 .ro : EAGLES MARSH FOURTH ADDITION CONSTRUCTION PLAN LINCOLN STREET -NORTHBOUND CITY OF ELK RIVER, MINNESOTA SHEET MSS C Da}e ELF 18 /20 RA J HUM. P.E. L;o. NO. 23as1 �� C`o � a' SEE SHEET 7 \ 1 1 v LOT 4 1 11 LOT 5 INV-920.57 1 1 INV-931.58 CS=931.24 �I CS=935.88 , p\ 1 1 3 \ / 3 , C So 1 1 I1 SCALE IN `� � LINCOL STREET-NORTN80 �TREET-5 UINBOUND (SEET B) NCOLN 1 < 1 90' VC LEGEND K - 29.61 EXISTING WATERMAIN/WATER SERVICE A.D. — —3'04/ E%I STI NG SANITARY SEWER/SEWER SERVICE 950 PVI ELEV - 939.16 950 PVI STA = 3+50 > EXISTING STORM SEWER 90' VC HIGH POINT STA - 3+05 ® EXISTING CATCH BASIN HIGH POINT ELEV = 940.80 m K = 15.37 Os EXISTING SANITARY SEWER MANHOLE 94$ A.D. - 5.88% II �$ II 945 DD EXISTING WATERMAIN VALVE PVI ELEV = 932.48 EXISTING HYDRANT PVI STA - 4+50 LOW POINT STA = 4+9.5 v� IFn w CS=XXX.X TOP OF CURB STOP ELEVATION LOW POINT ELEV - 932.12 °i 940 II m 940 INV-XXX.X INVERT ELEVATION OF SEWER SERVICE + n � GENERAL NOTES: 1. SEWER AND WATER SERVICE ELEVATIONS 935 m-6 68% / 935 SHOWN ARE BASED ON THE RECORD PLANS FOR EAGLES MARSH SLID ADDITION. 930 930 925 925 SEE SHEET 10 FOR LINCOLN 920 STREET —MERGE ALIGNMENT 920 915 915 _ n 910w m m m m m 910 6 5 4 3 2 DATE REVISION m¢r, _ s °'" °""° °"° MAE RUM RIVER EAGLES MARSH CONSTRUCTION PLAN x mG °f or ��°s°r ���MSS C OF c,,u�n svxvaxoxseerrcummes FOURTH ADDITION LINCOLN STREET —NORTHBOUND Y Da}e 3/18/20 RA J HUM. P.E. .. ro_�w.> m�: L;o, No. 23as1 c�� CITY OF ELK RIVER, MINNESOTASFllTl P-�13s 10 SEE SHEET 10 IF �v 1 �\ \ / LOT 5 / INV=926.00 v CS=939.37 1c 1 IN IT MILL 4 SY L/NCO( N STREET, �� 1 ADJUST CASTING E ISTIN F 93 z2.9.1 BITUMINOUS PAVEMENT 10 /\NORTNBD 3 ADJUST CASTING / PROPOSED SA CUT AND OND EXISTING RIM=927.54 REMOVE 3LFSl{f PROPOSED RIM=927.63 / < CONCRETE CURB fT �� ��, _,� LEGEND 0\ j\ EXISTING WATERMAIN/WATER SERVICE /L EXISTING SANITARY SEWER/SEWER SERVICE EXISTING STORM SEWER ® EXISTING CATCH BASIN ADJUST CASTING �� Os EXISTING SANITARY SEWER MANHOLE E*0\ EXISTING RIM=933.48 EXISTING WATERMAIN VALVE SEE L/NCO(N PROPOSED RIM933.480 I' EXISTING HYDRANT NOTE \\SOUTHBOUNp _ 1. / , IT CURB VATION r LOT 4 / \ STING EXISTING RIMM-923. INV=920.58 CS=929.90 INV-XXX.X INVERTELEVATIONELEVATONO OF SEWER SERVICE / SAWCUT AND ���, / ��� PROPOSED RIM=923.34 GENERAL NOTES: REMOVE 3LF / CONCRETE CURB ���, �, - �� 1. SEWER AND WATER SERVICE ELEVATIONS SHOWN / \ y ADJUST CASTING ARE BASED ON THE RECORD PLANS FOR EAGLES MARSH 2ND ADDITION. / / SAWCUT 76LF AND E /'� EXISTING FL=926.79 REFERENCE NOTES: / / / / / / REMOVE 15 SY BITUMINOUS PAVEMENT LOT 1 INV=913.65 CS=921.10 / �� / l �� / / / / LOT 2 ��� INV=909.50 ��� _ -�� CS=921.90 ---- _---� PROPOSED FL=927.67 L L LOT 3 INV=916.39 CS=929.60 , 10 MILLING BITUMINOUS PAVEMENT SHALL BE PER(j. 3 �2 PAVE WEAR COURSE OVER EXISTING NO WEAR COURSE FROM STA 8+50 TO STA 8+73. ADJUST CASTING EXISTING FL=922.43 PROPOSED FL=923.27 90' VC 945 9o' VC u n K = 23.44 945 _ K = 48.48 A.D. - 1.86% A.D. _ -%84% PVI ELEV = 939.16 PVI ELEV = 931.68 N M M m PVI STA - 3+50 - 940 _ 200' VC PVI STA = 4+50 LOW POINT STA - 4+95 LOW POINT ELEV = 929.15 HIGH POINT STA = 3+05 II m HIGH POINT ELEV - 940.8 _364% II 940 = 39.2% 05 �m A.D. - 5.1 ✓� m w w / 935 PVI ELEV = 922.12 PVI STA = 6+20 + m m > 935 LOW POINT STA - 7+20 + N , 48% p1 LOW POINT ELEV = 921.62 � II II II 930 930 Q II o m 925 _ n 925 920 -9sa 920 SEE SHEET 10 FOR LINCOLN 915 Q IF STREET -MERGE ALIGNMENT 915 910 m 910 NN N In m m 905 905 8 8 7 6 5 4 SAUS 2 DATE REVISION m¢n CONSTRUCTION PLAN `T gOF s °' ""'°""°°"°TAE RUM RIVER EAGLES MARSH c,,u�n svavaxoxseerrcummes FOURTH ADDITION LINCOLN STREET-SOUTHBOUND y C Da}s3/18/2CRA J HUM. P.E. L;o. No. 23as1 ��IX��cJJ ..,...� ......., o.. CITY OF ELK RIVER, MINNESOTA iD SAWCUT 31LF, REMOVE I I I I I I I 17 SY AND MILL 7 SY 1 BITUMINOUS PAVEMENT Cl) 1 SAWCUT AND 1 REMOVE 3LF 1 CONCRETE CURB 1 1 I I CONSTRUCT CONCRETE APPROACH APRON PER I I s_ 1 T Is GE.'ST NG) - = x MN/DOT STANDARD 1 PLATE 7113 3 3 9 935.54 938.57 ; 2+62 GL= 934.04 REMOVE SCALE IN R � (2) SIGNS 1I EL 935.20\ GL=934S9 GL= 1 938.69 1 s _ - SAWCUT AND f = z GL= 934.2G 1 EL= 937'2B 935.55 LOT 5 INV=926.00 1 CS=939.37 �� REMOVE 3LF I �'GL=939.29 CONCRETE CURBI (MATCH EXISTING) I p I Z J' � 955 955 90' VC K = 15.31 A.D. = 5.88Y 90' VC 95D PVI ELEV = 932.67 16 N 950 PVI STA = 4+52.49 K = 26.96 LOW POINT STA = 4+97 49 A.D. _ -3.34% LOW POINT ELEV = 932.31 PVI ELEV = 939.60 + $ m PVI STA = 3+48.75 945 HIGH POINT STA = 3+03.75 II ¢ II 945 n HIGH POINT ELEV = 941.10 > + m w v J 940 II m /-3.34% 940 935 -6.6" O 935 930IN930 925 J i 925 920 w - 920 915 m m m m 915 4 4 3 2 LEGEND — EXISTING WATERMAIN/WATER SERVICE > EXSTING SANITARY SEWER/SEWER SERVICE > EXISTING STORM SEWER ® EXISTING CATCH BASIN OS EXISTING SANITARY SEWER MANHOLE CDEXISTING WATERMAIN VALVE EXISTING HYDRANT CS-XXX.X TOP OF CURB STOP ELEVATION INV=XXX.X INVERT ELEVATION OF SEWER SERVICE GENERAL NOTES: 1. SEWER AND WATER SERVICE ELEVATIONS SHOWN ON ARE BASED ON THE RECORD PLANS FOR EAGLES MARSH 2ND ADDITION. REFERENCE NOTES: 10 SAWCUTTING AND MILLING BITUMINOUS PAVEMENT SHALL BE PER 4 ) 3 (2 PAVE WEAR COURSE OVER EXISTING NO WEAR COURSE FROM STA 8+50 TO STA 8+73. om n, S;m° """""''° _ AE RUM RIVER EAGLES MARSH CONSTRUCTION PLAN f a i oT C MSS I,APID SDR CIM&ENGIIJ S FOURTH ADDITION LNCOLN STREET —MERGE Da}e 3/18/20 RA J HUM. P.E. .., ro_�w.d uo. No. 23461 ��a�oc�� CITY OF ELK RIVER, MINNESOTA 4+00 940 940 936 936 932 932 m0� 928 928 —40 —20 20 40 3+50 3+00 94b 944 940 ---- -----/ 940 936 936 m0� 932 932 —40 —20 20 40 5+50 5+00 936 936 932 -- — — 932 928 928 924 924 922 922 —40 —20 mom 20 40 4+50 936 936 932-- — 932 928 928 924 —40 —20 mom 20 40 924 nE CROSS SECTIONS �xl RUM RIVER EAGLES MARSHcnNnsvxvaxoxseerrcummes FOURTH ADDITION LINCOLN STREET""''"'"'`°"`CITY OF ELK RIVER, MINNESOTA 7+00 932 _ 932 928 2 ,1 928 92A 924 --- - - 121 918 920 918 6+50 932 _ 932 _ 928 928 924 924 9207 918 920 918 6+00 i 932 __- 932 928 �5. 928 924 924 120 mOm 920 918 _40 -20 20 49 918 93 92 92 92 91 91 8+50 d13. 92E 8+00 4 9 8 9 � 9,1 9 6 9 4 9 32 28 24 20 16 -40 -20 0 20 40 14 7+50 DATE REVISION m¢r, SAE RUM RIVER EAGLES MARSH CROSS SECTIONS X2 Mss cnNnsvxvaxoxseerrcummes FOURTH ADDITION LINCOLN STREET X3 CITY OF ELK RIVER, MINNESOTA 32 28 24 20 16 -40 -20 0 20 40 14 7+50 DATE REVISION m¢r, SAE RUM RIVER EAGLES MARSH CROSS SECTIONS X2 Mss cnNnsvxvaxoxseerrcummes FOURTH ADDITION LINCOLN STREET X3 CITY OF ELK RIVER, MINNESOTA 10+00 932 932 928 928 924 924 920 91$ 920 918 9+50 932 932 928 924 924 920 918 920 918 9+00 i 932 932 924 924 --- ---- 920 m0 920 918 -40 -20 20 40 918 1 0+43.52 928 928 924 924 920 920 918 -40 -20 m0 20 40 918 nE x3 RUM RIVER EAGLES MARSH CROSS SECTIONS °�Mss cnNnsvxvaxoxseerrcummes FOURTH ADDITION LINCOLN STREET X3 CITY OF ELK RIVER, MINNESOTA EAGLES MARSH FOURTH ADDITION KNOW ALL PERSONS BY THEY PRESENTS: Ttiot Ph NAic Enterprise.. LLC. Minnemto Limited Li -lily C.,p oener of the fdloning de —d property Cmhty of Shemume. Store of Minnemto, I. eM. shunted in the � ' � ` �- r v v 1 r Outldt A. EAGLES MARSH THIRD ADDITION, GNwb—I, County, Minnemttl. m htm torvtrym aplottm o. EAGLES MARSH FOURTH ADDITION om O to he Public for Public ue fowth. H. he public for public foemoa plot W minoge ontl u dy purpoatt mly. ste \ In edits. —,thd mid Phomie Enterprises LLC h.. coux0 then present. to be signed by it. proper offcer thi. d.y of \ Ea s \ PHOENIX ENTERPRISES LLC / d AIIAO ° / \ MA S_t Rid- C. F..- Chief Mono9w \ / j V /1 STATE OF Mluu25oTA COUNTYOF \ ��`V. L,L.Vyv liv`� •• e.4ert'e'___ The for9oing T oa ocknwledged before m this _ y of 2D2_ by Filth- C. Foner, Chief Mmoger of N.Aic Ent.,iu.. LLC, MnneaoI. Wh,d Liobility Company on b—If of the Campony. = i \ O b57C00'[`� �� i DR5b Sorlso5•W 141.31 / Gv L__ N Yru-E r PuMi.. M oto Y in _ m n/ � I � n L � n 1 y mission ezP✓no door n - - �\ \ - - L_v fvv_L_J � V v 3 � rveyetl entl plottM m a,De th. m Xng ontl Plotting is plot a \ ortif t di the Iontl tlmcribetl m ea EAGLES MARSH FOURTH / ADDITION�th �.tplM 3 1 rroreamtotim of th rwX th eaignotm on is Plat; th (� J\\ 9 9 \ 'o. 4 -0 yi' \ 9 0� \ \ A JfJtti\ CiLSL b,22.4R•54" SO1'45'13-W - \' - > �bD R,2D.0 139.66 g v 7 j s.� M I_ a z � s �earontm m is paint how be cwrec set a min 1 yeor: os of the Cote of this certilicotim, oil set Ionda ono enter bountlnnt. entl oil pubin �. \ �' \ 3 \ \\ ♦ , % i 1 eoH owntah ontl Inhaled delinm In Nnneaoto StMutn.115tttion SDS.D1. Subd. 1. / Li C, r> Brien Permit Li nd Survrybr Mnnodtd L—.. N. .9t3d A�,.Me o,eap� pp� ,. A STY C T —> r� ;.5 n r. r. T n N I FIIIAD �vv I�/Iv STATE OF MINNESOTA \ \ �NFSYDC COUNTY OF ANDKA 1 vvvv.moo-' Thi. in nwlm before me this soy of . 2D2_ by M'ion Poram, o L¢enam Lond Surveyor. / �� ' , _ b• A \ ti Nnneaoto Lena. Nor c.9138. 'oJA e ON. P �W any \ �� \o�••'• oryN V \ e Mayor CIerY y Dmpw et evi — W title Im been Dreamtk. 1. entl eztlmin y e, entl I he rtive y tlppIN. plat oe m lean end eamutibn tor. oy Of . 2D2_ Elk River City Attorney Purmmt to Sh.mume County ommbe inmd. Nur ON. I r cert ify tify thot this plot tins been d.—d and ro —d m to cwnpfnnd. n05 nth Chdpt.r 5, Mmnemtd Stotuttt this kly of ^2D2_ Sherburne County Survryor y ertify loxes Po bk, in the year _ m Imds Mrnn d—i— we poid in lull, dnd mere we nd delinquent roses dnd thPt tronsier ens entere0 this _ y bl , 202_ . Sh.mume CM,nty euddw/--k, ertify met thi u not filetl in l, Olfit. dl the County Rmorder for recortl m this y of 202_ , of _ ,6— _.M. ontl etla y ordetl a Document Number N RRLSE GD 120 SCALE IN FEET D �\ r^ \S-L UL/IVV FZ ° nnnmeln'APn CPed"s��T t LSxnes9t19 AVV I I\/I V VICINITY MAP sec.L, xaz. RZW f,� ITE SW�Ia RUM RIVER LAND SURVEYORS & SNaN]EERS RUM RIVER (:44, LAND SURVEYORS & ENGINEERS P.O. Box 1044, Princeton„ MN 5537 i / Phone: 763/389-4476 / Fax: 763/427-0520 MEMORANDUM TO: Zack Carlton, Planning Manager CC: Rick Foster, Developer - Delivered under separate cover FROM: Seth Monroe, Project Manager DATE: April 28, 2020 RE: Preliminary Plat Review of EAGLES MARSH FOURTH ADDITION The following are our responses to the staff conditions of approval for the April 28, 2020 Planning Commission Meeting: 1. COMMENT: Pedestrian ramps must meet current ADA standards, including landings and truncated domes. RRLSE Response (4/28/2020): Noted. The proposed project contains no new pedestrian ramps. 2. COMMENT: Access to 17760 Lincoln Street must be maintained during construction. RRLSE Response (4/28/2020): Access will be maintained at all times during construction. 3. COMMENT: Staff approval of all site, engineering, and utility plans. RRLSE Response (4/28/2020): Noted. No additional comments have been provided by staff. 4. COMMENT: Sidewalks should be added to the south side of Lincoln Street and extended to the intersection with Johnson Street. RRLSE Response (4/28/2020): The original design, subsequent utility installation, and mass grading of Lincoln Street was completed during the EAGLES MARSH SECOND ADDITION project in 2005/2006. At that time, sidewalk was designed along the North side of Lincoln Street from 178' Avenue to Johnson Street. Also at that time, sidewalk was only installed on the South side of Lincoln Street east of 178' Avenue to connect with the City owned outlot adjacent to 17760 Lincoln Street. It was not intended to be extended on the South side of Lincoln Street to the intersection with Johnson Street. Mr. Zack Carlton Page 2 April 28, 2020 5. COMMENT: All homes are required to have two trees in the front yard per ordinance. RRLSE Response (4/28/2020): Noted. 6. COMMENT: All mailboxes shall be clustered. RRLSE Response (4/28/2020): The owner met with the Elk River Postmaster. A 10-unit clustered mailbox will be installed per the postmaster's recommendation. RUM RIVERce LAND SIMVEYOR5 & BNGrNFfMS 6.3. Comment received during public hearing From: Linda Campbell <lindac911@email.com> Date: April 28, 2020 at 7:34:16 PM CDT To: "Carlton, Zachary" <zcarlton@elkrivermn.gov> Subject: Re: [EXTERNAL] 4/28/2020 meeting Can you say more regarding the sidewalk to give access to the undeveloped park land near the marsh. My lot adjoins the access. Will it be a trail? Is there a trail proposed around the marsh? Linda Campbell It ap Ell N_ Uff � w I•I� ON rim .� = �:. $q�� 1� $. ` `��_ rl ■ on � ■ 1. •■ ' ''�1�1�� l � � � Imo■ II �: _� y� °E ®�� awl � 19iISO - ®� ��� teA! " 11 as ■ EAGLES `C' MARSH FOURTH ADDITION C. MiLimited L,p .ener i-lily C.of the fbil.eing d. —d property KNOW ALL PERSONS BY THEY Ttiot PRESENTS: Ph NAic Enterprise.. -I-C. empty Of shem.me. store Of M,nn.mto, I. it: sNuot.d in the ` 1 Outlot A. EAGLES MARSH THIRD ADDITION, SNwb—I, County, Minnemto. \ rvrym and plottm o. EAGLES MARSH FOURTH ADDITION on wM O to h. D.blic 1b, D.blic use for.wr th. m t- H. .tAlm dedic.t'ng to the public for public use forever the eoaements oa spoon on 1 ehplot W-inog. ontl . dy porp.att only, os street os Moen o y \ \ v In e!-. —,thd mid Ph .me Enterprises LLC h.. coux0 then present. to b signed by proper offcer thi. d.y of \ PHGENIK ENTCRPRISE% LLC Nn oxU- T \ etiCin /. / Rid- C. F..- Chief Mono9w _ \ / ' 1^V^I rt \ o C.SRD=53-29 STATE OF Mluu25oTA COUNTY of \ \ G'35'S5'23• (Yio- \ L,E.vyali�`� •• L T'-e:aefie-L__ \ The fo1o9oing T .a ocknwl.dged before m this _J.y of 2D2_ by Rich- C. Foner, Chief Mw.ger of N.Aic Ent.,im.. LLC, Mnnea . ,mMeO L,.b,l,ty G.mp.ny .n b—If Of the Cwnpony. _ V / O M157Cd e i RR5C SDrfsos•W 141.31 y Mbb.ry �.bi.. M n.mt com y IIe V.� / - \ - n i, �-� N e A -i -- ^� -- \\\Ivi FI / V L_� JL_L_ \ \\ �h,i rve. ontl pl,ttM m I a,Pe the m Xnn ontl el,ttin^ this plot i ortif t ,1 the Intl tleacribetl on ea EAGLES MARSH FOURTH e pIM 3 rpresmtoti rv.X th esignotm on is Plat; th r J"� ADDm of th � J 3 \ \ 9 \ O Z� 9 \ ` JfJtti\ ci F l '.22.0'54• z2D.0 SO1'45'13-W 2 " 't ' 139.66 R. g \ '_ 22.2ith s.� M 7 z °h C 8 r1T tl+ - oya ore snWen�•tm Eel.e mbot how Mnnea. b1 cwrec set a thin 1 :.. Of the Cote Of this certilic.tim, .II set lends ono sorer bountlpnt. pntl .ii pubic \ end efit. ,n to StMuttt.tl5ttti.n yewSDS.D1. Subd. Nri,n Per d S.rvry,r \ g9vk ,1. 913 N. .6 : °yCP pp -> 5' n r. F-, I T I n �.y t' 6,rHyC ^` Fll PD STATE OF MINNESOTA \ \ \ ��NFS�oN O� / COUNTY of ANDKA vvv boo-'�gLAl`��' 3 ' E Thi. in nwlm before me this day Of . 2Dz_ by M'i.. P—.. Leensm Lond S.1w1. nnI¢.ns. / �✓ 0 ' s'1A $ N ° �� '6';.�' M.... LNor c49136. &� M..r Cl- y Pm ,t ev, — W title Im been Presmtk. 1. ontl eztlm,n y e, ,ntl I he rtive y tlppIN. Pl.t o. m lean end eem.ti,n tN. .y Of . 2D2_ Elk River City Attorney c Purmom t. Sh.murne C..nty Dor.mbe i.. Nur ON. I r cer by certify mot ck. ot this plot hos been M.d and op —d m t. cwnpfnn.. n05 nth Chopt.r 5, Mnnemto St.tuttt this kly of ^2D2_ Sherburne County S.rvry,r y .rtify loxes Pry bk, in the yeor _ m Iwds Mrnn d—i— w. poid in lull, ono mere we no delinquent toes and thPt 0.nsier eos entere0 tMa _ , ,1 , 202_ . Sn.m.me C—ty A.dab,/— rer ortify met th, u n,s filetl in l, Olfit. of the C,.nty Rmorder fir recortl ,n this y ,f 202_ , ,t _ ,.lock _ .M. ontl e.. y ,rdetl a D,cument Number N RRLSE sD 12D SCALE IN FEET FZ ° A nnNmeln'Pn c,."s6 ��T LStxn�s9t19 n �vvl I I�iv VICINITY MAP sec.L, xaz. RZW f,� ITE SW�Ia RUM RIVER LAND SURVEYORS & SNaP]EERS City of Elk River Resolution 20- A Resolution of the City of Elk River Granting Final Plat Approval for Eagles Marsh Fourth Addition Case No. P 20-08 WHEREAS, application has been made for final plat approval, pursuant to Section 30-374 of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, a preliminary plat of the Property was approved by the City Council on May 18, 2020; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Chapter of 30 of the City Code of Ordinances and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 181h day of May 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i EXHIBIT A LEGAL DESCRIPTION Outlot A, EAGLES MARSH THIRD ADDITION, according to the recorded thereof, Sherburne County, Minnesota i EXHIBIT B CONDITIONS OF APPROVAL 1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 2. Water Availability Charge shall be paid in the amount required by the city when the Final Plat is released for recording (currently $368/ plumbing unit). 3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 4. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the city engineer must be secured. 5. Development Plan shall be approved by the city engineer prior to issuance of building permits. 6. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. i Development Agreement Eagles Marsh Fourth Addition Final Plat approved by the Elk River City Council May 18, 2020 Development Agreement May 18, 2020 Table of Contents 1. Warranty of Developer....................................................................................................................................... 1 2. Phased Development.......................................................................................................................................... 1 3. Right to Proceed.................................................................................................................................................. 2 4. Development Plans.............................................................................................................................................. 2 5. Improvements...................................................................................................................................................... 2 6. Additional Regulatory Approvals...................................................................................................................... 3 7. Installation of Improvements............................................................................................................................ 4 8. City Installed Improvements.............................................................................................................................. 5 9. Security for Developer's Performanc............................................................................................................... 6 10. Responsibility for Costst..................................................................................................................................... 7 11. General Provisions Binding Effect................................................................................................................... 8 12. Park Dedication.................................................................................................................................................... 9 13. Development Plan............................................................................................................................................... 9 14. Landscaping..........................................................................................................................................................9 15. Surface and Groundwater Management........................................................................................................... 9 16. Default.................................................................................................................................................................11 17. Issuance of Building and Occupance Permits............................................................................................... 11 18. Model Homes..................................................................................................................................................... 12 19. Miscellaneous......................................................................................................................................................12 20. Notices.................................................................................................................................................................13 EXHIBIT A Resolution No. 20-xx EXHIBIT B Legal Description EXHIBIT D Cost Estimate Form EXHIBIT E Development Plan Checklist EXHIBIT F Purposely Left Blank EXHIBIT G Consent of Mortgagee EXHIBIT H Summary of Payments Due DEVELOPMENT AGREEMENT FOR Eagles Marsh Fourth Addition THIS AGREEMENT (the Agreement), made and entered into this 181h day of May, 2020, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City), and Riverside Development Company of Princeton. (the Developer). WITNESSETH: WHEREAS, the Developer has made application to the City for approval of a final plat of land within the City described on Exhibit A attached hereto (the Subdivision); and WHEREAS, the City Council adopted Resolution No. 20-xx on May 18, 2020, (attached as Exhibit A hereto) granting final plat approval to the Subdivision, subject to several conditions, including a condition that Developer enter into an agreement with the City governing the provision of certain utilities, services and facilities to the Subdivision and the transfer of certain land interests and payments to the City, so as to fully comply with the Subdivision Ordinance; NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Warranty of Developer. Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer is owner of certain real property legally described in EXHIBIT B attached hereto consisting of 5.81 acres of unimproved land located in the City of Elk River, Sherburne County, Minnesota. The Developer intends to improve and develop such property for single family residential uses, to be known as Eagles Marsh Fourth Addition (the Development). A copy of the final plat is attached as EXHIBIT C. 2. Phased Development. (01) Future Phases. The Developer and the City anticipate additional phases of the Development. Future phases of the Development, including the subdivision of the outlots, shall be subject to separate Final Plat approval by the City of Elk River. This Agreement is for this phase only. The City may refuse to approve final plats of subsequent phases if the Developer is in default of this Agreement, or any prior developer agreement for prior phases of the Development, and the default has not been remedied. (02) Preliminary Plat Status. If the Development 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. This two-year period may be extended by the City. (03) Park Dedication on Outlots. Park dedication requirements referred to in this Agreement are not being imposed on outlots, if any, in the Development that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such dedication requirements will be calculated and imposed when the outlots are final platted into lots and blocks. (04) Changes in Official Controls. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Development unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 3. Right to Proceed. Within the Subdivision, 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 has been received by the City; (3) the necessary insurance for the Developer and its construction contractors has been received by the City; (4) the final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of Titles, and (5) all required permits are secured and a copy filed with the City Engineer. 4. Development Plans. The Subdivision shall be developed in accordance with the following plans (The Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E the Plans may be prepared, subject to the City Engineer's approval, after entering into this Agreement, but before commencement of any work in the Development. The City Engineer may approve minor amendments to Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written terms shall control. The Plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP Plan C - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - Landscape Plan Plan F — Storm water Management Plan detailing long term ownership, maintenance schedules and procedures for all stormwater facilities as required by the City's MS4 permit Plan G — Development and tree preservation plan required by Section 13 hereto 5. Improvements. In accordance with the application materials submitted by Developer, the preliminary and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and the applicable standards and ordinances of the City, the following described Improvements (the Improvements) shall be constructed and installed on the terms and conditions hereinafter contained: 2 (01) Site grading to elevations shown in the approved grading and drainage plan and construction of retaining walls (Site Grading); (02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and vegetating of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing traffic control street signs as required the City Engineer and installing street lights as required by the local utility (Street Improvements) ; (03) Sidewalks, as required by the City (Sidewalk Improvements); (04) Storm sewers, as required by the City, including all necessary pipes, manholes, catch basin, ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements) ; (05) Sanitary sewers and laterals, as required by the City, including all pipes, manholes, pumping stations, building services and other appurtenances (Sanitary Sewer Improvements) ; (06) Watermain and laterals, as required by the City and Elk River Municipal Utilities, including all necessary pipes, hydrants, valves, building services and other appurtenances (Watermain Improvements) ; (07) Wetland mitigation measures as required by the U.S. Army Corps of Engineers, the Department of Natural Resources and/or the Wetland Conservation Act (Wetland Mitigation); (08) Landscaping, Trees and grass as required by City Ordinance and any additional landscape Improvements required by the City (Landscape Improvements). (09) Park and trails, as required by the City, including all park grading, removal of specified vegetation, construction of trails, and installation of park and trail signs including Park boundary markers (5-foot steel posts) at all lot corners that border park property or City owned outlots (Park - and Trail Improvements). (10) Temporary and permanent erosion and sediment control measures as required by the City's MS4 permit and the MPCA National Pollutant Discharge Elimination System construction stormwater permit (Stormwater Management Improvements). (11) Survey Monuments. Durable iron survey monuments shall be set, pursuant to Minnesota Statutes, Section 505.02, Subd. 1, within one (1) year after recording of the final plat of the Subdivision. Developer shall provide in writing notice to the City a Surveyor's certification that all monuments have been set. (12) Mailboxes, in a style and location approved -by the City of Elk River, shall be provided prior to occupancy of any unit. 6. Additional Regulatory Approvals. All additional regulatory approvals required for construction of the Improvements or development of the Subdivision shall be obtained before commencement of construction on the Improvements. Additional approvals may include but are not limited to the Department of Health permits for water system modifications; Minnesota Pollution Control Agency permits for the extension of sanitary sewer or cluster on -site treatment systems; National Pollutant Discharge Elimination System permits for grading; Department of Natural Resources permits for water appropriations; Army Corps of Engineers permits for construction of sedimentation ponds; and City, County and/or State permits for access and work within existing road rights of ways. 7. Installation of Improvements. The Improvements will be installed at Developer's expense by Developer as hereinafter provided. (01) Developer shall construct and install at Developers sole expense all Improvements necessary to fully complete the Development, including those Improvements identified in Exhibit D, attached hereto, except as may otherwise be set forth in this Agreement. The installation of the Improvements shall be in accordance with all applicable City ordinances, including the City subdivision ordinance, and shall be subject to review, approval, inspection and authorization by the City and/or its specialty consulting staff, as provided in this agreement. (02) Deadline for Performance by Developer. Except as otherwise provided herein, Developer agrees to complete all Improvements and perform all other acts as are required by the Subdivision Ordinance, other applicable ordinances and the terms and conditions of this agreement, and resolution No. 20-xx and to do so on or before October 31, 2021, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15 and October 15 the year following the base layer of asphalt construction. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. (03) Approval of Contractor. The City reserves the right to approve or disapprove any contractor selected by the Developer. (04) Construction Plans. The construction, installation, materials and equipment shall be in accordance with plans and specifications prepared by a licensed professional engineer and approved by the City Engineer. Such plans and specifications shall be based upon such engineering surveys, including soil borings and material tests, determined to be necessary by the City Engineer. (05) Supervision and City Services. Construction and installation plans and activity shall be reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to inform the City's representatives of the schedule to complete the Improvements as required in the approvals. City shall inspect all Improvements during and after construction for compliance with approved specifications. Developer will notify the City Engineer or his designee at such times during construction as the City Engineer requires for inspection purposes. (A) The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on -site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. (06) Easements. The Developer shall convey to the City, prior to the final approval of plans and specifications and at no cost to the City, all permanent and temporary easements for the installation and maintenance of all Improvements determined to be necessary by the City. All such easements 4 shall be in recordable form acceptable to the City and contain such terms and conditions as the City may prescribe. (07) Insurance. Developer shall cause each contractor engaged in the construction and installation of any Improvement to furnish the City with evidence acceptable to the City showing insurance coverage (including workers' compensation, liability and property damage) in such amounts as are required for City construction contracts. Developer shall also maintain adequate liability insurance for public use of Streets, Sidewalk and other Improvements until such time as those Improvements are completed and accepted by City as provided herein, and shall hold the City harmless and indemnify the City from any liability arising out of the public's use of said Improvements until such time as those Improvements are completed and accepted by the City as provided herein. (08) As Constructed Plans. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.dwg file or a .dxf file and .pdf formats, all prepared in accordance with City standards. All constructed public utilities shall be field surveyed after construction with all location, elevation, and data attributes information, deliverable to the City in an approved sub -foot accurate GIS/GPS format. (09) City Acceptance. The City shall accept, at no cost, ownership of all Improvements provided that such Improvements have been constructed in compliance with the plans and specifications therefore and City requirements with respect thereto as determined by the City. No improvements will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in accordance with the approved construction and storm water management plans. Upon acceptance, all Improvements lying within the public easements or rights of way shall become City property without further notice or action. (10) License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subdivision to perform all work and inspections deemed appropriate by the City in conjunction with the Development. (11) Faithful Performance of Construction Contracts. Developer will fully and faithfully perform the installation and construction of the Improvements in accordance with the approved plans and specifications therefore and shall comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all such Improvements at no expense to the City. (12) Warranty. Developer hereby warranties the workmanship and materials respecting such Improvements for a period of two (2) years following the City's final acceptance of the Improvements and agrees to repair or replace, as directed by the City, and at Developer's sole cost and expense, any work or materials that become defective, in the sole opinion of the City, within said two �2 year period even though notice thereof be given by the Citv after said two (2) vear period. 8. City Installed Imnrovements (01) The Subdivision will have no City installed Improvements. (02) There are no assessments levied against the subdivision. 9. Fees and Security for Developer's Performance. (01) City Administration and Construction Observation Fees. Developer shall reimburse the City for all the City's costs and expenses incurred in the processing of the Subdivision and installation of improvements, including review of plans and construction observation and in regard to any action or event of default by Developer, resulting in any suit or proceeding at law or in equity to which the City shall become a party in reference to the Developer's interest in the Development. Reimbursement shall be due and payable to the City within thirty (30) days following the receipt of a statement therefore. The Developer shall post a cash escrow in the amount of ten percent (10%) of the estimated costs of the Improvements. This escrow will be drawn from as the project progresses to cover the City's ongoing costs and expenses relating to administration and construction observation of the Improvements. City administration will include, but is not limited to, supervision of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation shall include full to part time inspection of all work associated with the Improvements. Based on past experience it is estimated that an escrow of ten percent (10%) shall be sufficient to cover the City related expenses associated with the work. Delays, change in work scope, contractor performance, etc. can all contribute to this amount not being sufficient. All City costs experienced in excess of the escrow are the responsibility of the Developer. These costs will be billed directly to the Developer and become due per the terms stated in Section 10. (02) Security for Developers Performance. (A) No work shall be commenced under this Agreement, and the Final Plat of the Subdivision will not be released for recording, until the Developer has filed with the City a cash deposit or an irrevocable and unconditional Letter of Credit acceptable to the City, in the amount of xxx, and xx/100 Dollars ($xxx,xxx.00). Said Letter of Credit shall also provide that funds shall be paid to the City upon written demand of the City to the extent of default herein by Developer in the payment of any amount due or the performance of any other duty or obligation of Developer pursuant to this Agreement, including Developer's obligations to complete Improvements, to complete on -site Landscape Improvements, and to make payment of any amounts due hereunder. (B) The security provided in accordance with the above may be released quarterly, on March 31, June 30, September 30 and December 31 of each year. The amount released each quarter will equal the amount of work completed by the Developer during the quarter, except that: (i) the security will not be released to an amount less than the amount of Developer's total indebtedness to the City pursuant to the terms of this Agreement;, and, (ii) the security will not be released below fifty thousand dollars ($50,000) until all Improvements pursuant to this Agreement have been completed in full and all other obligations of Developer under this Agreement have been fulfilled, including Developer's obligation to install required Landscaping Improvements and to fulfill the requirements of the Wetland Mitigation, if applicable. (C) The Letter of Credit shall contain a provision that states that the Letter of Credit shall be automatically renewable annually unless the issuer of the Letter of Credit first gives the City 30 days written notice by certified mail of its intent not to renew the Letter of Credit. The letter of credit shall also contain a minimum initial period of 1 year. The Letter of Credit shall be a guaranty to the City that the Improvements and all other requirements set forth in this Agreement will be timely completed to the City's satisfaction. The Letter of Credit shall be maintained continuously by the Developer, except as reductions are authorized by the City, until the Improvements are completed to the City's satisfaction, including certification by the City engineer that all items are satisfactorily completed, pursuant to this Agreement. The Letter of Credit shall have no conditions and shall be subject to being drawn upon by the City upon any default under this Agreement, including failure to pay contractors, subcontractors or costs or expenses owed to the City. If at any time the City shall draw upon the Letter of Credit, the Developer agrees that within 10 days upon being notified of such withdrawal by the City, Developer shall either pay the deficient amount in cash to the City or have the Letter of Credit restored to its full amount (03) Maintenance Bond. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranty in Section 7 (12) hereof. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work, grading, erosion control, and as built survey escrow. (04) Water Availability Charges. Developer shall pay Water Availability Charge in the amount of Three Thousand, Six Hundred Eighty and 00/100 dollars ($3,680.00), ($368 per lot). The balance of Water Availability Charges per unit shall be paid at the time of building permit. 10. Responsibility for Costs. (01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, review of construction plans and documents, the payment of fines and penalties imposed on the city as a result of non-compliance with any permit or failure to obtain necessary permits, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. (02) The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval of the Development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. (03) The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. (04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. (05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction within the Subdivision until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. (06) 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"), Municipal water connection charges, City sewer connection charges, and building permit fees. 11. General Provisions Binding Effect. The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the Developer. (01) Severable. In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (02) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (03) Construction Times. All construction activities shall be confined to the following hours of operation: Monday - Friday 6:00 AM until 9:00 PM Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the City Engineer or their representatives) Sunday Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviation from the above hours is subject to approval of the City Council. (04) Street Construction. No street construction will be allowed after October 15 or prior to May 15 unless approved by the City Engineer. (05) Snowplowing. Until the Improvements are accepted by the City or an agreement expressly reached in advance, the developer is responsible for snow removal and ensuring access by Emergency Response equipment. (06) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of Elk River. (07) History. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately, and the city reserves the right in such event, to stop work immediately until the subdivision is appropriately investigated and developer is authorized to recommence work. (08) Covenants. Developer shall prepare and file restrictive covenants in a form acceptable to the City Attorney. Restrictive covenants shall, at minimum, be recorded on the Wetland and the Wetland Mitigation areas. 12. Park Dedication. Park dedication requirements have been satisfied with the dedication of land for park purposes, identified as Outlot B, Eagles Marsh Second Addition. 13. Development Plan. A development plan "Development Plan" shall be submitted by Developer and approved by the City Engineer or his designee prior to issuance of any building permit within the Subdivision. The Development Plan will identify, for each lot in the Subdivision those items noted on the checklist attached as Exhibit E to this Agreement. Approval of the Development Plan may be contingent upon soil borings verifying elevations and compaction tests for proposed house pads. 14. Landscaping. Developer agrees to install one over story tree in the boulevard of each Lot, and require one additional over story tree in the front yard of each Lot. For Lots not sold by April 31, 2022, Developer agrees to install one tree in the front yard of all unsold lots. All required trees shall be 2 inches in caliper. (01) All residential landscaping requirements shall be completed prior to occupancy of the dwelling unit, or by June 1 following occupancy if occupancy occurs October 15 through May 31. (02) In the event the landscaping, including trees and establishment of turf, is not complete at the time of Certificate of Occupancy, the City may issue a certificate of occupancy and require the provision of a cash deposit from the builder of the lot to guarantee the successful completion of the landscaping improvement. The cash deposit shall be no less than $1,000.00. The City, its employees, agents or contractors shall have the right to go upon the property to complete the landscaping without permission of the owner of the property or lot, and shall not be liable for trespass. The City may also require a deposit as part of the building permit fee to secure compliance with the landscaping requirements. 15. Surface and Groundwater Management. (01) Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. (02) Wetlands. If the Developer proposes the filling of wetlands in connection with development of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded until, receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed by the Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan for wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation plan is subject to conditions which significantly impact the Subdivision, the final plat for the Subdivision shall be resubmitted to the City Council for consideration of changes required for the wetland approvals. The City shall receive a copy of the monitoring report annually for three years. (03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or other regulating authority. The City may impose additional erosion control requirements if they are deemed necessary to protect the downstream waters of the state. All areas disturbed by the grading operations shall be stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4 permit. Seed shall be in accordance with the City's current seeding specification which will include temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the erosion control plan and schedule, or supplementary instructions received from the City or other regulating authority, the City may take such action as it deems appropriate to control erosion. 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 Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. (04) Grading. The Subdivision shall be graded in accordance with the approved grading development and erosion control plan, Plan B. The plan shall conform to City specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except up to three model home permits on lots acceptable to the Building Official per section 18), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: (a) cross sections of storm water treatment/infiltration basins; (b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and (c) lot corner elevations and house pads, and all other items listed in the City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures, including full vegetation of entire site, are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. (05) CleanUa. The Developer shall clean dirt and debris from all streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. (06) National Pollutant Discharge Elimination System Requirements. Prior to the commencement of any work, the Developer shall provide a signed Storm Water Pollution Prevention Plan for City review and approval to control erosion from the site. Because the site is over one (1) acre, the Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution Control Agency. (07) Municipal Separate Storm Sewer System Requirements. All stormwater management activities shall comply with the City MS4 permit. 16. Default. (01) Remedies. 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, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. (02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns, violates any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the City, at its option in addition to its other rights and remedies, by written notice of default given to the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, , due and payable in full, with interest, immediately, or on such date as the City shall specify in its notice of default to Developer. If Developer fails to make payment in the amount and at the time specified in the City's 10 notice of default to Developer, City may, at its option, draw on the security provided by Developer pursuant to Section 8 of this Agreement and/or commence legal action against Developer to collect the entire amount owed by Developer, including reasonable attorneys' fees. Developer shall be personally liable for such amounts due and, if more than one, such liability shall be joint and several. 17. Issuance of Building and Occupancy Permits. (01) Building Permits. The City will not issue any building permit (a permit issued for construction of a structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision until all small and large utilities are installed, streets are paved with the first lift of pavement and vegetation is full established. City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites with model permits; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. (02) Notice to Homebuyers. If the Developer fails to comply with any of provisions of this Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this contract and the obligations and restrictions created herein prior to the completion of the sale. Further, Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. 18. Model Homes. (01) The City may issue building permits for the construction of up to two model homes on lots approved by the Building Official prior to completion of the public and private infrastructure, provided that access to the site for emergency vehicles is maintained at all times. City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. 19. Miscellaneous. (01) Filing of Final Plat and Developer Agreement. Before construction commences on the Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes in writing the commencement of limited construction activities. (02) Incorporation by Reference. The exhibits to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. (03) No Replacement. This Agreement is in addition to and is not in replacement of the terms and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right to Object relating to the Subdivision executed by Developer. (04) Regulatory Compliance. The Developer represents to the City that the Subdivision complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: 11 subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the Subdivision until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. (05) Third Parties. Third parties shall have no recourse against the City under this Agreement. (06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. (07) Severabilit<r. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. (08) Damage to Improvements. If building permits are issued prior to the acceptance of Improvements, the Developer assumes all liability and costs resulting in delays in completion of public Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, the utilities are completed, and the vegetation is established and accepted by the City Engineer. (09) Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. (10) Binding Contract. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. (11) Insurance. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the Improvements. 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 $200,000 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 on a primary and noncontributory basis, and the Developer and contractor 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. (12) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to 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 12 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. (13) Assignment The Developer may not assign this Agreement 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. 20. Notices. All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River Attn: City Administrator 13065 Orono Parkway Elk River, Minnesota 55330 If to the Developer at: Riverside Development Company of Princeton Attn: Richard Foster 19230 Evans Street NW, Suite 115 Elk River, MN 55330-1079 13 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on this day and year first above written. CITY OF ELK RIVER By: John J. Dietz Its: Mayor By: Tina Allard Its: Clerk DEVELOPER: By: Richard Foster Its: Chief Manager 14 STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) This instrument was acknowledged before me this day of by John J. Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Elk River, Minnesota. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) This instrument was acknowledged before me this day of This instrument was drafted by: City of Elk River 13065 Orono Parkway Elk River, MN 55330 Notary Public by 15 EXHIBIT A Resolution No. 20-xx A-1 EXHIBIT B Legal Description Lots 1-5, Block 1 and Lots 1-5, Block 2, EAGLES MARSH FOURTH ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota. B-1 EXHIBIT C Final Plat C-1 EXHIBIT D Cost Estimate Form D-1 EXHIBIT E Development Plan Checklist Development Plan Requirements 1. Lot and block numbers 2. Street Names 3. Storm sewer alignment with top and invert elevations. Also Flared ends with invert elevations 4. Centerline Street elevations at 100 foot stations with high and low points 5. Centerline street percent grades 6. Cul-de-sac percent grade along curb 7. Building setback lines 8. Final Contours 9. All proposed driveway slopes 10. House pads with house style and elevations 11. Front and rear lot corner elevations 12. Spot elevations at the rear of the house pads if the drainage is to be directed around the house pad to the front 13. Typical lot detail indicating where lot and house elevations are shown to. 14. Legend with type of house styles and grade difference for garage floor to walkouts or lookouts. 15. Lot dimensions to the nearest foot 16. Typical street section 17. Drainage arrows at high points and major grade changes 18. Existing and proposed easements 19. Emergency overflows should be labeled and shown with spot elevations and drainage arrows. Emergency overflows must be established for catch basins in the street and in rear yards. Areas along rear lot lines which are below emergency overflows elevations shall be designated as drainage easement on the final plat. 20. Wetland boundaries must be accurately shown 21. Development plan must be signed by a registered Land Surveyor or Engineer. 22. All trees within the subdivision that are to be preserved shall be fenced with a snow fence at the drip line to prevent grading, compaction, or storage of equipment, debris or materials. Staff shall inspect the fencing prior to grading. Cutting of trees between April 15 and July 15 shall not be permitted. The Operator shall take other measures deemed appropriate by the Sherburne County Forester to control oak -wilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15, not leaving roots exposed and avoiding mechanical damage on remaining trees. E-1 EXHIBIT F Purposely left blank H-1 EXHIBIT G Consent of Mortgagee I-1 EXHIBIT H Summary of Payments Due $3,680.00 Water Availabihty Charge ;Section 9 (06) -------------------------------------------------- $X,XXX.00 ilnspection Escrow iSection 9 (01) L$X,XXX_ 00------------- = Tota1----------------------------------------------------------------------------------------------------------------------------------- J-1 RUM RIVER P.O. Box 1044„ Pririceloi7„ ➢ N 55371, / Phone: 763/389-4476 / Fax: 763/427-0520 MEMORANDUM TO: Zack Carlton, Planning Manager CC: Rick Foster, Developer - Delivered under separate cover FROM: Seth Monroe, Project Manager Timothy A. Eggerichs PE, Design Engineer DATE: May 13, 2020 RE: Additional Comment Response for Preliminary Plat Review of EAGLES MARSH FOURTH ADDITION As requested by you in our phone conversation on May 12, 2020, below is our additional response to condition No. 4 of the Request for Action prepared by you for the April 28, 2020 Planning Commission Meeting: 4. CONDITION: Sidewalks should be added to the south side of Lincoln Street and extended to the intersection with Johnson Street. Previous RRLSE Response (04/28/2020): The original design, subsequent utility installation, and mass grading of Lincoln Street was completed during the EAGLES MARSH SECOND ADDITION project in 2005/2006. At that time, sidewalk was designed along the North side of Lincoln Street from 178th Avenue to Johnson Street. Also at that time, sidewalk was only installed on the South side of Lincoln Street east of 178th Avenue to connect with the City owned outlot adjacent to 17760 Lincoln Street. It was not intended to be extended on the South side of Lincoln Street to the intersection with Johnson Street. Additional RRLSE Response (05/13/2020): There are issues that will affect the construction of the sidewalk on the south side of Lincoln Street through the Eagles Marsh Fourth Addition. The first issue is that during construction of Eagles Marsh Third Addition, a 130-foot section of the sidewalk along the north side of Lincoln Street was constructed in accordance with the City approved plans. The current plans for the Eagles Marsh Fourth Addition include extending this section of sidewalk to the east along the north side of Lincoln Street consistent with previously approved plans. Mr. Zack Carlton Page 2 May 13, 2020 Another issue affecting the construction of the sidewalk on the south side of Lincoln Street is that the public utilities, including sewer and water service stubs and hydrants, have been constructed based on previously approved plans. On the north side of Lincoln Street, the sewer and water service stubs were extended 10 feet beyond the right-of-way line, which will allow for future connection to the sewer and water services without disturbing the sidewalk. On the south side of Lincoln Street, the sewer and water service stubs were only extended to the right-of-way line. The sidewalk would have to be removed and replaced when the future services are connected if the sidewalk was to be constructed on the south side of Lincoln Street. The hydrant that was constructed with a previous phase was constructed on the south side of Lincoln Street, five feet behind the curb. This hydrant would have to be relocated if a sidewalk is constructed on the south side of Lincoln Street. It is worth noting that the public utilities along Lincoln Street were only installed with Eagles Marsh Second Addition at the request of then City Engineer, Terry Maurer. The installation of the watermain along Lincoln Street was needed to improve the water system in adjacent developments to the North and Northwest of Eagles Marsh. Subsequently all of the public utilities were installed along Lincoln Street as to not create future difficulties. In addition to the public utilities, the private utilities, including the pedestals, transformers and light poles, were installed for Eagles Marsh Fourth Addition during the construction of Eagles Marsh Second Addition. These utilities may have to be relocated if a sidewalk is constructed on the south side of Lincoln Street. The sidewalk on the south side of Lincoln Street was only extended to Outlot B of Eagles Marsh Second Addition, which is approximately 170 feet west of Eagles Marsh Fourth Addition. Extension of the sidewalk on the south side of Lincoln Street would require disturbing the boulevard area and driveway of the property at 17760 Lincoln Street. Disturbing this existing property is not desirable. In our opinion, due to the issues mentioned above, constructing the sidewalk only on the north side of Lincoln Street based on previously approved plans is the most feasible and practical design. RUM RIVER %mom s-GINEMs `.