HomeMy WebLinkAbout12.A. Preliminary and Final Plat for Kennsington Estates-Res. No. 6393
J;A. A.
CITY OF SHAKOPEE
Memorandum
CASE NO.: 06-028
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark Noble, Planner II
SUBJECT: Preliminary and Final Plat of Kensington Estates
MEETING DATE: April 4, 2006
REVIEW PERIOD: February 10, 2006 - June 9, 2006
DISCUSSION
Ken & Sonya Kraft have submitted an application for preliminary and final plat approval of
property located north of County Road 16, east of Hilldale Drive, and west of Glacier Estates
(Exhibit A). The plat, as currently proposed, contemplates the creation of 8 single-family lots on
approximately 3.32 acres of land (density of 2.4 units per acre). The proposed project is an
extension of Moraine Circle from the West plat boundary of Glacier Estates. The overall cul-de-
sac length is approximately 500 feet.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the preliminary plat at its March 23, 2006 meeting, and by a
7-0 vote, they recommended approval ofthe preliminary plat application, with revisions. The
Planning Commission report is attached to this report. One item of considerable discussion
pertained to the condition regarding construction of a bituminous trail along County Road 16; i.e.
whether that trail should be constructed concurrent with the development ofthis site, or whether
cash in lieu of construction shall be provided to the City which would then be applied to the
construction of the trail at a later date. The attached resolution notes these options. However,
the Council may wish to choose one option over the other and modify the condition of resolution
to be consistent with their wishes. The city has estimated the cost of this trail segment at $8,640
($25 - $27/lineal foot, at 320 feet). The Subdivision Ordinance (Section 12.32) states that
sidewalks and trails shall be provided where specified in the City's sidewalk and trail plans. The
Comprehensive plan for this area does identify a transportation trail along County Road 16. The
City's Design Criteria (page 20) state that the subdivider shall install sidewalks on both sides of
an officially designated arterial street, and ifthe street is along a designated trail route, a
bituminous trail maybe required in place of the sidewalk, as determined by the Planning
Commission and approved by the Council.
VISIONING RELATIONSHIP
This action supports:
Goal D: "Vibrant, resilient and stable"
ALTERNATIVES
1. Approve Resolution No. 6393, approving the Preliminary and Final Plat for
Kensington Estates, subject to the conditions presented.
2. Approve Resolution No. 6393, approving the Preliminary and Final Plat for
Kensington Estates, subject to revised conditions.
3. Do not approve the preliminary and final plat and direct staff to prepare a resolution
consistent with the direction of the Council.
4. Table the matter and request additional information from staff and/or the applicant.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6393, a resolution approving the Preliminary and Final
Plat of Kensington Estates, subject to the conditions as presented by staff, and move its adoption.
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M~Nobl. ....n
Planner II
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RESOLUTION NO. 6393
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
PRELIMINARY AND FINAL PLAT OF KENSINGTON ESTATES
WHEREAS, Ken & Sonya Kraft, applicant and property owner, has made application for
preliminary and final plat approval of Kensington Estates; and
WHEREAS, the subject property is legally described as:
Exhibit I; and
WHEREAS, the Planning Commission reviewed the preliminary plat on March 23,2006,
and recommended approval of the plat with conditions; and
WHEREAS, the City Council reviewed the proposed preliminary and final plat on April 4,
2006.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota that the preliminary and final plat of Kensington Estates is hereby approved subject to the
following conditions:
I. The following procedural actions must be completed prior to the recording of the Final
Plat:
A. Approval oftitle by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions for security
for public improvements within the plat and the engineering review fees, and any
other fees as required by the City's adopted fee schedule.
1. Street lighting to be installed in accordance with the requirements. of the
Shakopee Public Utilities Commission.
2. Electrical system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the requirements of the
Shakopee Public Utilities Commission.
4. The developer shall be responsible for payment of Trunk Storm Water
Charges, Trunk Sanitary Sewer Charges, Trunk Storm Water Storage and
Treatment Charges, security for the public improvements, engineering
review fees, and other feesas required by the City's most recent adopted Fee
Schedule.
5. No public improvements shall be constructed until the City Engineer and the
Shakopee Public Utility Commission (SPUC) approve the Final Construction
Plans and Specifications..
6. The applicant shall obtain an NPDES permit prior to any land disturbing
activity. A copy of this permit shall be provided to the City. The applicant
shall adhere to all MPCA NPDES requirements.
C. An 18" trunk watermain shall be installed through this plat, with Shakopee Public
Utilities Commission paying oversizing per their policy.
D. Easements shall be shown on the Final Plat as approved by the City Engineer.
They shall include, but not be limited to, the following:
. Provide additional drainage and utility easement to encompass drainage in
the rear of Lots 3, 4, 5 and 6 of Block 1.
E. The storm water management plan shall be approved by City Engineering (see
the attached memo from John Wingard ofWSB & Associates, Inc. dated
March 8, 2006).
F. Simultaneous to the recording of the plat, a deed restriction shall be recorded
on all drainage and utility easements as designated by the City of Shakopee.
They shall include, but not be limited to, the following:
. The drainage and utility easements adjacent to the western most property
line and the northwestern most property line of Lot 3 of Block 1.
. The drainage and utility easement adjacent to the southeastern most
property line of Lot 4 of Block 1.
G. Park dedication requirements shall be met through a cash contribution in an
amount in accordance with the adopted fee schedule in place at the time of
final plat approval. The required park dedication fees shall be paid at the time
ofthe recording ofthe final plat. If any portion of the property is being
platted as outlots to accommodate a phased development, the park dedication
fees for each future phase shall be based on the fees in effect at the time of
final plat approval for those outlots and shall be paid before the final plat for
those outlots is recorded.
H. The applicant shall provide cash up front for a proposed eight (8) foot
bituminous trail along County Road 16, or they shall install an eight (8) foot
bituminous trail along County Road 16 within the County right-of-way,
designed to be consistent with the ADA requirements and consistent with the
City of Shako pee's design standards.
1. The applicant shall provide cash up front for trail signage, or provide and
install trail boundary signage as determined to be needed by the city along the
trail to be located in the County Road 16 Right-of-way.
J. The applicant shall obtain the necessary permission, right-of-way and/or
easements to perform all proposed work offsite or within existing easements.
K. The applicant shall obtain both a right-of-way permit prior to work within the
City of Shako pee's right-of-way and a grading permit prior to any land
disturbing activity.
L. The applicant shall obtain the necessary Scott County permits/ approvals
(access, right-of-way, drainage, etc.).
M. The applicant shall modify proposed property lines and/or driveways to
comply with all applicable setback requirements.
N. The applicant shall work with the Glacier Estates developer to deepen the
proposed sanitary sewer serving this site.
O. The minimum right-of-way dedication for CSAH 16 shall be 75 feet from
centerline.
II. Following approval and recording of the final plat, the following conditions
shall apply:
A. Building construction, sewer, water service, fire protection and access will be
reviewed for code compliance at the time of building permit application(s).
B. The developer and/or their assigns shall be responsible for any required or
desired noise or dust mitigation measures.
C. The applicant shall provide electronic (Auto CAD) files ofthe Final Plat and
all record drawings to the Engineering Department.
D. The applicant shall meet the City's Woodland and Tree Management
Ordinance requirements.
E. The applicant shall provide six (6) inches of topsoil. The soil composition
should be similar to the MnDOT topsoil borrow requirements.
F. The applicant shall provide rain sensors for any irrigation system.
G. The applicant shall implement the use of BestManagement Practices for
erosion control and stormwater management during construction.
H. The applicant shall utilize the MPCA Protecting Water Quality in Urban
Areas as a technical reference for erosion control.
1. Silt fence and/or tree protection fence is to be removed following
establishment of vegetation as determined by an inspection by City staff.
J. Placement of at least one overstory shade deciduous tree in the front yard (the
Woodland and Tree Management Plan does not include a tree in the front yard
oflot 4).
K. Sod placement in front yards and seed or sod placed in side and rear yards.
L. The applicant shall adhere to the NPDES Phase II permit requirements for
erosion control before, during, and after earth moving activities.
M. Temporary street signs required prior to issuance of any building. permits.
N, The existing driveway to this property shall be completely removed from the
County right-of-way and graded to match the existing ditch.
O. The existing trees in the right-of-way will likely be removed when CSAH 16
is upgraded to a four lane divided roadway in the future. We strongly
recommend that property owners. are notified of this when they purchase the
lots and new owners are notified with any resale.
P. Noise issues along the County roadways may arise as traffic levels increase in
the area. Noise attenuation is the responsibility of the developer.
Q. No landscaping, ponding, benning, or signage shall be permitted within the
County right-of-way.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the ____ day of , 2006.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
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That part of the East one-half of the Southwest Quarter of Section 13, Township 115, Range 22,
Scott County, Minnesota, described as follows: Commencing atthe intersection of the East line
of said East one-half of the Southwest Quarter and the center line of Co. Road No. 16, said point
being 1486.36 feet South of the Northeast comer thereof; thence North along said East line a
distance of 427.49 feet; thence West at right angles a distance of 300.0 feet to the point of
beginning of the tract ofland to be described; thence continuing West along the hist described
line a distance of315.98 feet to its intersection with the east line of the plat of ZOSCHKE'S
ADDITION TO SHAKOPEE Scott County, Minnesota; thence South along said East line to the
center line of County Road No. 16; thence Easterly along said center line to its intersection with a
line drawn South from the point of beginning and parallel with said East line of the East one-half
of the Southwest Quarter; thence North along said parallel line a distance of 466.93 feet to the
point of beginning.
.
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:itS
CITY OF SHAKO PEE
Memorandum
CASE NO.: 06-028
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner II
SUBJECT: Preliminary Plat of Kensington Estates
MEETING DATE: March 23, 2006
REVIEW PERIOD: February 10, 2006 - June 9,2006
SITE INFORMATION
Applicant: Ken & Sonya Kraft
Location: North of County Road 16, East of Hilldale Ddve, West of Glacier
Estates
Current Zoning: Urban Residential (R-1B) Zone
Adjacent Zoning: North: Urban Residential (R-1B) Zone
South: Rural Residential (RR) Zone
East: Urban Residential (R~lB) Zone
West: Rural Residential (RR) Zone
Compo Plan: Low Density Residential
MUSA: This site is within the MUSA boundary
Area: 3.32 Acres
Attachments: Exhibit A: Zoning/Location Map
Exhibit B: Plat Plans
Exhibit C: City Engineering Memorandum
Exhibit D: SPUC Memorandum
Exhibit E: Natural Resource Specialist Memorandum
Exhibit F: Applicant's Covenants/Pattem Book
DISCUSSION
Ken & Sonya Kraft have submitted an application for preliminary plat approval of
property located north of County Road 16, east of Hilldale Drive, and west of Glacier
Estates (Exhibit A). The plat, as currently proposed, contemplates the creation of 8
single-family lots on approximately 3.32 acres ofland (density of2.4 units per acre). The
proposed project is an extension of Moraine Circle from the West plat boundary of
Glacier Estates. The overall cul-de-sac length is approximately 500 feet.
,
The Engineering Department has reviewed the application and provided comments
(Exhibit C). Engineering staff recommends approval ofthe Preliminary Plat subject to
the conditions noted in their memorandum being addressed by the applicant prior to
recording ofthe Final Plat. The conditions have been included in the list of
recommended conditions of approval.
Shakopee Public Utilities Commission (SPUC) has provided a memorandum that
addresses several issues (Exhibit D), specifically concerning the watermain design,
requirements and alignment.
Ryan Hughes, Natural Resource Specialist, has provided a memorandum (Exhibit E) that
references the discussion and recommendation of the Enviro:runental Advisory
Committee (EAC). The conditions recommended by the EAC have been incorporated
into the draft language.
Andrea Weber, Parks and Recreation Landscape Design, has commented that although
the Parks and Recreation Advisory Board (pRAB) met to discuss this project, they could
not take formal action as they did not have a quorum. The PRAB discussed with staff
and the applicant the need for a trail along County Road 16, tentatively recommending
that the applicant design and install an eight (8) foot wide trail along County Road 16.
The PRAB intends to discuss this project further at their next meeting (April 26, 2006).
Staff has provided an alternative that prior to City Council review, the applicant meet
with and receive a recommendation from the Parks and Recreation Advisory Board.
Tom Pitschneider, Fire Inspector, commented that if approved, temporary street signs
shall be required to be installed prior to issuance of any building permits.
In reviewing the residential project scoring guide, staffhas determined that this
application received 114 of the 175 applicable points (65%), where 60% is the minimum
requirement. The applicant has provided a sample covenants and several building
patterns for the Commission's information (Exhibit F).
......_.......,
STAFF RECOMMENDATION
Staffrecommends that the Planning Commission recommend to the City Council the
approval of the Preliminary Plat of Kensington Estates, subject to the following
conditions:
I. The following procedural actions must be completed prior to the
recording of the Final Plat:
A. Approval oftitle by the City Attorney.
B. Execution of a Developer's Agreement, which shall include provisions
for security for public improvements within the plat and the
engineering review fees, and any other fees as required by the City's
adopted fee schedule.
1. Shakopee Public Utilities Commission shall be contacted ifthe
applicant wishes to contract with them for security lighting.
,
2. Electrical system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
3. Water system to be installed in accordance with the
requirements of the Shakopee Public Utilities Commission.
4. The developer shall be responsible for payment of Trunk Stonn
Water Charges, Trunk Sanitary Sewer Charges, Trunk Storm
Water Storage and Treatment Charges, security for the public
improvements, engineering review fees, and other fees as
required by the City's most recent adopted Fee Schedule.
5. No public improvements shall be constructed until the City
Engineer and the Shakopee Public Utility Commission (SPDC)
approve the Final Construction Plans and Specifications.
6. The applicant shall obtain an NPDES permit prior to any land
disturbing activity. A copy ofthis permit shall be provided to
the City. The applicant shall adhere to all :MPCA NPDES
requirements.
C. An 18" trunk watermain shall be installed through this plat, with
Shakopee Public Utilities Commission paying oversizing per their
policy.
"D. Easements shall be shown on the Final Plat as approved by the City
Engineer. They shall include, but not be limited to, the following:
. Provide a minimum of thirty-two (32) feet of drainage and utility
easement, centered on the proposed storm sewer, between Lots 1
and 2 of Block 2.
. Provide additional drainage and utility easement to encompass
drainage in the rear of Lots 3, 4, 5 and 6 of Block 1.
E. The storm water management plan shall be approved by City
Engineering (see the attached memo from John Wingard ofWSB &
Associates, Inc. dated March 8, 2006).
F. Minimum drainage and utility easements for sanitary sewer and storm
sewer in non-paved areas shall be provided at a one (1) to one and a
half (1.5) ratio, depth versus width. The easements shall be centered
along the utility alignment.
G. Simultaneous to the recording of the plat, a deed restriction shan be
recorded on all drainage and utility easements as designated by the
City of Shakopee. They shall include, but not be limited to, the
following:
. The drainage and utility easements adjacent to the western most
property line and the northwestern most property line of Lot 3 of
Block 1.
. The drainage and utility easement adjacent to the southeastern
most property line of Lot 4 of Block 1.
H. Park dedication requirements shall be met through a cash contribution
in an amount in accordance with the adopted fee schedule in place at
the tim~ of final plat approval. The required park dedication fees shall
be paid at the time of the recording of the final plat. If any portion of
,
the property is being platted as outlots to accommodate a phased
development, the park dedication fees for each future phase shall be
based on the fees in effect at the time of final plat approval for those
outlots and shall be paid before the final plat for those outlots is
recorded.
1. The applicant shall install an eight (8) foot bituminous trail along the
property line adjacent to County Road 16 right-of-way, consistent with
the City of Shako pee's design standards.
J. The applicant shall obtain the necessary permission, right-of-way
and/or easements to perform all proposed work off site or within
existing easements.
K. The applicant shall obtain both a right-of-way permit prior to work
within the City of Shako pee's right-of-way and a grading permit prior
to any land disturbing activity.
L. The applicant shall obtain the necessary Scott County permits/
approvals (access, right-of-way, drainage, etc.).
M. The applicant shall modify proposed property lines and/or driveways
to comply with all applicable setback requirements.
N. The applicant shall work with the Glacier Estates developer to deepen
the proposed sanitary sewer serving this site.
II. Following ~pproval and recording of the final plat, the following
conditions shall apply:
A. Building construction, sewer, water service, fire protection and access
will be reviewed for code compliance at the time of building permit.
application(s).
B. The developer and/or their assigns shall be responsible for any
required or desired noise or dust mitigation measures.
C. The applicant shall provide electronic (Auto CAD) files of the Final
Plat and all record drawings to the Engineering Department.
D. The applicant shall meet the City's Woodland and Tree Management
Ordinance requirements.
E. The applicant shall provide six (6) inches oftopsoil. The soil
composition should be similar to the MnDOT topsoil borrow
requirements.
F. The applicant shall provide rain sensors for any irrigation system.
G. The applicant shall implement the use of Best Management Practices
for erosion control and stonnwater management during construction.
H. The applicant shall utilize the MPCA Protecting Water Quality in
Urban Areas as a techpical reference for erosion control.
1. Silt fence and/or tree protection fence is to be removed following
establishment of vegetation as determined by an inspection by City
staff.
1. Placement of at least one overstory shade deciduous tree in the front
yard (the Woodland and Tree Management Plan does not include a
tree in the front yard oflot 4).
K. Sod placement in front yards and seed or sod placed in side and rear
yards.
L. The applicant shall adhere to the NPDES Phase II permit requirements
for erosion control before, during, and after earth moving activities.
M. Temporary street signs required prior to issuance of any building
permits.
VISIONING RELATIONSHIP
This action supports:
Goal D: "Vibrant, resilient and stable"
ALTERNATIVES
1. Offer a motion to recommend to the City Council the approval of the
Preliminary Plat subject to the conditions as presented by staff.
2. Offer a motion to recommend to the City Council the approval of the
Preliminary Plat subject to revised conditions.
3. Offer a motion to continue the public hearing to request additional
information from the applicant and/or staff
4. Offer a motion that prior to City Council review, the applicant meet and
receive a recommendation from the Parks and Recreation Advisory Board.
5. Offer a motion to table a decision and request additional information from the
applicant and/or staff.
6. Offer a motion to recommend denial to the City Councilofthe Preliminary
Plat.
ACTION REQUESTED
Offer a motion to recommend to the City Council the approval of the Preliminary Plat of
Kensington Estates, subj ect to the conditions as presented by staff, and move its adoption.
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Planner II
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Preliminary Plat and Final Plat of
Kensington Estates
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City of Shakopee
Memorandum
TO: Mark Noble, Planner IT
FROM: Joe Swentek, Proj ect Engineer
SUBJECT: Preliminary Plat and Final Plat - Kensington Estates Addition
PID NO.: 27-913062-0
CASE NO.: 06028
DATE: March 14,2006
The application indicates a request for Preliminary Plat and Final Plat approval of a single-family
(RI-B) residential development located Northwest of the intersection between Country Road 18
and County Road 16 (Eagle Creek Boulevard). The project is an extension of Moraine Circle
from the West plat boundary of Glacier Estates.
This review should be considered preliminary, as more comments are to follow with additional
submittals. However, I offer the following comments at this time for the applicant and for. the
planning department:
General Comments
l. Execution of a Developer's Agreement, which shall include provisions for security for
public improvements within the Final Plat and the engineering review fees.
2. Payment of Trunk Sanitary Sewer Charges shall be made, as required by the most current
City of Shakbpee Fee Schedule.
3. Payment of Trunk Storm Water Charges and Trunk Storm Water Storage and Treatment
Charges shall be made, as required by the most current City of Shakopee Fee Schedule.
4. No public improvements shall be constructed until the City Engineer and the Shakopee
Public Utilities Commission (SPUC) approves the Final Construction Plans and
Specifications.
5. Provide electronic (Auto CAD) files of the Final Plat and all record drawings to the
engineering department.
6. The applicant shall obtain the necessary right-of-way and/or easements to perform all
work offsite.
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7. The applicant shall obtain the necessary Scott County permits/approvals (access, right-of-
way, drainage, etc.).
8. The applicant shall obtain a NPDES permit prior to any land disturbing activity. A copy
of this permit shall be provided to the City.
9. The applicant shall modify proposed property lines and/or driveways to comply with all
applicable setback requirements.
10. The applicant shall work with the Glacier Estates developer to deepen the proposed
sanitary sewer serving this site.
Preliminary Plat
1. Minimum drainage and utility easements for sanitary sewer and storm sewer in non-paved
areas shall be provided at a one (1) to one and a half (1.5) ratio, depth versus width. The
easements shall be centered along the utility alignment.
2. Easements shall be shown on the Final Plat as approved by the City Engineer. They shall
include, but not be limited to, the following:
. Provide a minimum of thirty-two (32) feet of drainage and utility easement, centered
on the proposed storm sewer, between lots 1 and 2 of block 2.
. Provide additional drainage and utility easement to encompass drainage in the rear of
lots 3, 4,5 and 6 of block 1.
3. Simultaneous to the recording of the plat, a deed restriction shall be recorded on all
drainage and utility easements as designated by the City of Shakopee. They shall include,
but not be limited to, the following:
. The drainage and utility easements adjacent to the western most property line and the
northwestern most property line of Lot 3 of Block 1.
. The drainage and utility easement adjacent to the southeastern most property line of
Lot 4 of Block 1.
Storm Water Manaeement Plan Review
Please see the attached memo from John Wingard ofWSB & Associates, Inc. dated March 8,
2006.
Recommendation
Engineering staff recommends approval of the Preliminary Plat and the Final Plat subject to the
conditions above being addressed by the applicant prior to recording the plat.
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WSB
& Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South
Suite 300
Memorandum Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
To: Bruce Loney, P.E., City 0/ Shakopee
Joe Swentek} City of Sltakopee
From: John P.Wingard, P.E. -)R\rJ
Date: March 8, 2006
Re: Plan Review/or Kensington Estates
City of Shakopee} MN
WSB Project No. 1381-02
We have reviewed the submitted plans and storm water calculations for Kensington Estates;
These plans were prepared by Kallio Engineering, LLC, and dated February 6, 2006. Based on
this review, we offer the following comments:
Preliminary Plat
1. Since the plat is adjacent to County Road 16, the plans should be sent to Scott County for
their review.
2. The plat might need to be revised to show a 20-foot-wide easement over the proposed
water mains that will be provided outside of the platted right-of-way.
Storm Water Calculations
1. We have reviewed the storm water calculations and the plans are in general compliance
with the City's requirements. The Glacier Estates development plans show providing a
12.inch storm sewer stub to the Kensington Estates development. The 1.41-acre area in
the Kensington Estates development that will drain to the 12;,inch storm sewer line has
been added to the drainage calculations for the Glacier Estates development.
2. The storm water pond that is being constructed for the Glacier Estates development has
increased in size from an area at the normal water level of 0.265 acres to 0.384 acres.
I
The additional runoff draining to the pond from the Kensington Estates development is
partially responsible for the increase in the size of the pond.
3. The storm water pond and the wetland conversion pond that are being constructed with
the Glacier Estates development will reduce the outlet flow rates to the City requirement.
4. A 30-inch storm sewer line is shown to be constructed along the west property line of the
Glacier Estates development to convey water from a drainage swale to the wetland
conversion pond. The 3D-inch storm sewer line will drain the 1.17-acre backyard area of
the Kensington Estates development to the wetland conversion pond.
Minneapolis I 81. Cloud J::10/21J/.lJS\4Jmln\DoalMEMO . PrrJ;m Pitt' r&!1'it'II'. .1I'l1"nlrk. JOi06.c1lJC
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Bruce Loney ~k+<\err C '<
Joe Swentek
March 8, 2006
Page 2
Grading Plan
1. The grading plan, as proposed, will be in compliance with City policy with relatively
minor changes to the grading/storm water management plans.
2~) The drainage swale along the west edge of the site shall be restored with an erosion
control blanket all the way to the north to the 30-inch apron. Silt fence or bio-rolls
should be placed across this swale at IOO-foot intervals until the swale is restored.
3. Tree protection fence should be shown on the grading plan to protect the trees that are
identified to be saved. The tree preservation fence should be installed at the drip line of
the trees before construction begins.
4. The ~ll<(ncy o~erflow ~.w~e ~b~tweetft-ots ~d ,? sl)0u(d ~cfeiitI~Jdentified. As
shown op. t~'e,J'JhU1S; the 9,verflQw/swale40lLl~the atJeas(l foot-'lower thartthe^"adjacent .
houses J d should o1ily..allow a maximum of I8-inch of ponding.
5. The grading plan should identify that all wells will be abandoned in conformance with
City, County, and Department of Health requirements. Also, the existing septic system
will need to be removed.
6. Add notes on the grading plan that requires the contractor to remove the existing
bituminous driveway. This will eliminate an existing driveway access onto County Road
16.
Other Items
1. Based on a field visit to the site, there does not appear to be any wetlands on this
development.
2. Additional information identifying erosion control notes, contactpeople, soil types, pre-
development, and post~development drainage boundaries should be included on the
Storm Water Pollution Prevention Plan (SWPPP).
3. Turf establishment notes identifying seeding specifications and mulching requirements
must be shown on future submittals of the erosion control plan.
4. The developer is responsible for obtaining necessary permits, including a construction
permit (based on the SWPPP) from MPCA.
K:\O/28/.8.sV.dmi"lJ)acs'ME/v/O . Prelim Pial r'I'iew. jswe"lek- J0706.da<
)
~)cC'\{ (,'e>\'T c...s
Bruce Loney
Joe Swentek
March 8, 2006
Page 3
This concludes our current reviewofthis project based on these submittals. Attached is a copy
of the plans with our detailed redline engineering comments. Thank you for the opportunity to
comment on this application. If you have any questions, please feel free to contact me at 763-
287-8306.
Attachment
cc: Ted Witkowski, WSB & Associates, Inc.
tf
K:\OI~81.8SV.dmlll\Doc.WfEMO ..Prelim Pial revlolV- j.,wall/ck .J0706.doc
MAR-10-2006 08:57 SHAKOPEE PUBLIC UTILITIES 9524457767 .P.10 ,
.... t~lb\l P
SHAKOPEE PUBLIC UTILITIES CO:MJvIISSION
"Lighting the Way - Yesterday, Today and Beyond"
MEMORANDUM
TO: Shakopee Community Development Department
FROM: Joseph D, Adams, Planning and Engineering Director
SUBJECT: STAFF REVIEW RECORD COMMENTS for:
Preliminary and Final Plat for Kensington Estates
CASE NO: 06028
DATE: 3/10/06
COMMENTS:
Municipal water service is available subject to our standard terms and conditions. These
include, but are not limited to: installing a lateral water main distribution system in
accordance with utility policy, paying the associated inspections costs, paying the Trunk
Water Charge, and paying the Water Connection Charge.
Underground electric service is available subject to our standard terms and conditions.
These include; but are not limited to: entering into an Underground Distribution
Agreement, granting any necessary easements, and paying the associated fees.
Street Lighting installation is available subject to our standard terms and conditions,
These are contained in the current City of Shakopee Street Lighting Policy, Applicant
must pay the associated fees.
Applicant should contact Shakopee Public Utilities directly for specific requirements
relating to their project.
Note: An 18" trunk watermain is planned through this plat and adjoining plat of
Glacier Estates with S.hakopee Public Utilities paying oversizing per policy.
Post Office Box 470 + 255 Sarazin Street + Shakopee, Minnesota 55379-0470
. (952) 445-1988 . Fax. (952) 445.7767
www.shako eeuti1irics.com
I
t>4-( (err t:.j
CITY OF SHAKOPEE
MEMORANDUM
To: Mark Noble, Project Manager
From: Ryan Hughes, Natural Resource Specialist
Meeting Date: March 13, 2006
Subject: Kensington Estates Preliminary and Final Plat
INTRODUCTION
The Environmental Advisory Committee reviewed the Kensington Estates Preliminary
and Final Plat at the March 8, 2006 regular meeting.
BACKGROUND
This 3.32 acre site is located north of County Road 16 and is in the southwest corner of
the Glacier Estates development. According to the environmental and park plan review,
the site is currently a hobby farm. The applicant proposes to construct 8 single family
residential units on the site. Currently, the land is southwest of the Glacier Estates
development. This parcel was anticipated to be developed and a street connection
(Moraine Circle) within the Glacier Estates development will be constructed.
DISCUSSION
This applicant proposes to convert the hobby farm consisting of a house, barn, and
.other outbuildings to eight single family residences. The EAC discussed the following
issues at the meeting:
Water Conveyance
The applicant proposes to treat storm water by connecting to the Glacier Estates
development storm sewer system discharging to the storm water pond within the
development. Based on discussions with engineering staff the storm water
system and the storm water pond within Glacier Estates development have the
capacity for storm water from the proposed development.
The storm pond within the Glacier Estates development was constructed to
accommodate addition volumes from this parcel being developed. This pond will
provide rate and volume control prior.to discharging to the wetland enhancement
area constructed as part of the Glacier Estates development.
Water Quality
The design of the site will be required to be in conformance with the Engineering
Design Criteria for rate control and volume. Storm water will be directed from
backyards towards the street catch basins via swales between homes. Storm
water in the catch basins will be directed into the Glacier Estates storm sewer
system discharging to the storm pond for treatment. Overflow from this storm
pond is directed into the wetland enhancement area providing hydrology to the
wetland area.
t
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Wetlands
According to the National Wetland Inventory, Public Waters Inventory, Scott
County Soil Survey Information, and a site visit the projectarea does not contain
wetlands.
Woodlands
The applicant proposes to remove approximately 25 of the 60 surveyed trees on
the site. The woodlands on site are considered low quality and all trees
proposed to be removed are identified as boxelder, oak, willow, maple, and elm.
According to the Woodland and Tree Management Ordinance the applicant is
required to replace the removed trees with 9 trees. The applicant is preserving a
majority of the trees in the north portion of the site that will connect to the
preserved woodlands within the Glacier Estates development. A number of large
trees will be preserved: 10" maple, 21" oak, 34" oak.
The applicant proposes to plant 9 overstory trees consisting of 5 different
species. The applicant proposes to plant green ash, hackberry, linden, red
maple, and white oak in the front yards of the homes. The plan includes tree
protection fence to protect individual trees and woodland areas.
The EAC discussed requiring the applicant plant additional trees in the
backyards of the lots adjacent to County Road 16~ Based on this discussion the
EAC determined not to require the applicant to plant additional trees. The EAC
was informed of the possible removal of the existing trees for County Road 16
. expansion.
Grasslands
According to the environmental and park plan review for the project the existing
condition of the site is a hobby farm. According to the Minnesota Land Cover
Classification System the site is primarily artificial surfaces. Most of the site has
been significantly disturbed due to farming or grazing.
Soils
According to the Natural Resource Conservation Service soils information the
soils on site consist of loam surface soils over a loamy. No soils within the site
are listed as highly erodible or potentially highly erodible soils.
Erosion control will include silt fence, tree protection fence, topsoil, seed, erosion
control blanket, and a rock construction entrance. Following stabilization of the
site all temporary erosion control will be removed.
Wildlife Habitat
Based on the proximity of the site to County Road 16 and the development to the
north and east, the site does not provide exceptional wildlife habitat. The site is
included in the Natural Resource Corridor Map. This is due to the proposed
transportation trail along County Road 16. The applicant is working with the City
and County to provide the required right-of-way along County Road 16.
!
E:~~ (~r\ tZ
:3
Noise
The site is bordered on the south by County Road 16. The nearest building pad
is approximately 120 feet from the centerline of County Road 16. Mature trees
consisting of cedar, maple, red pine, and spruce exist within the County right-of-
way provide a visual separation from the roadway.
The building pads in the cul-de-sac of the Kensington Estates development are
closer to County Road 16 due to the radius of the cul-de-sac, which is needed to
allow emergency vehicles the ability to turn-around.
The proposed development meets the Woodland and Tree Management Ordinance
requirements and does not appear to create any environmental issues with regards to
water conveyance, water quality, wetlands, woodlands, grasslands, soils, wildlife habitat,
and noise.
REQUESTED ACTION
The Environmental Advisory Committee recommended approval of the Preliminary and
Final Plat for Kensington Estates and the proposed impacts and mitigation measures to
the water conveyance system, water quality, wetlands, woodlands, grasslands, soils,
wildlife habitat, and noise to the Planning Commission and City Council with. the
following conditions:
1. The developer should implement the use of Best Management Practices for
erosion control and stormwater management during construction.
2. The applicant must meet the City's Woodland and Tree Management Ordinance
requirements.
3. Placement of at least one overstory shade deciduous tree in the front yard (the
Woodland and Tree Management Plan does not include a tree in the front yard
of lot 4).
4. Placement of 6 inches of topsoil. The soil composition should be similar to the
MnDOT topsoil borrow requirements.
5. Sod placement in front yards and seed or sod placed in side and rear yards.
6. Rain sensor for any irrigation system.
7. The applicant adhere to the NPDES Phase II permit requirements for erosion
control before, during, and after earth moving activities.
.
February 6, 2006
City of Shakopee
129 Holms Street South
Shakopee,:MN" 55379
Tele: 952-233-9300
RE: Preliminary Plat Request
Final Plat Request
To whom it may concern,
We, Ken and Sonya Kraft, are requesting Preliminary and Final Plat approval for the following property.
PID: 279130620
Zoning: Single Family
MUS A: Approved
House #: 8455
Street: Eagle Creek Blvd
City, State: Shakopee, :MN 55379
Set-13 Twp-1l5 Range-022 3.32AC 3.32A inE1I2
SW ~ Com. At Int. .OfLine & C/L of Co Rd #16
1486.36' S OfNE Cor
With the Glacier Estates development directly to the North and East, the re-platting of this property
would be a natural fit within the community and a continuation of city utilities, road and single family
housing. We are purposing eight (8) single family residential lots that would more than exceed the
minimum requirements for lots zoned in R-IB. We are keeping as many trees as possible and providing
nice views. Kensington Estates is the name we have submitted for approval for the development.
Please contact us if there are any questions. We look forward to the opportunity of working with you.
Sincerely;
~~
Sonya and Ken Kraft
1744 Windsor Drive South
Shakopee, MN 55379
952-233-5738
CITY OF SHAKOPEE
MEMORANDUM
To: Mark Noble, Project Manager
From: Andrea Weber, Park and Recreation Landscape Design
Date: March 16, 2006
Subject: Parks, Open Space and Trails Review of the Preliminary and Final
Plat for Kensington Estates
INTRODUCTION
I am writing to provide you park and trail related comments for the Kensington Estates
development, and the Parks and Recreation Advisory Board's comments.
DISCUSSION
The Parks and Recreation Advisory Board (PRAB) reviewed the proposed Kensington
Estates preliminary and final plat at the joint PRAB/EAC meeting on March 8 meeting, at
which time only 3 members were present, which did not constitute a quorum, so their
comments to the developer are not a formal recommendation. The board agreed to the
preliminary and final plat with one condition related to trails. Their discussion included
park dedication and trails.
Trails and Sidewalks
The main issue that the Board members discussed was whether a trail should be
required on CR 16. There was not a trail required in Glacier Estates plat, and there is not
one constructed on the Rural Residential lots adjacent to the west, however, trail
construction is being required along with development at Ridge View Farms, and
Riverside Bluffs. Staff advised that asking for the segments of the trail to be constructed
as developments occur, even though they may be unconnected initially, sets the
standard for following developments to connect to the trail. Staff suggested that
completing the smaller trail infill segments is also easier than having to take on an entire
trail design and construction project.
In addition, the County's plans for reconstruction of CR 16 are currently not in their CIP
so the date of this project is undetermined. The County does not have an official policy
to construct trails, though they are beginning to do this. If the County reconstruction were
to disturb the trail, they would be responsible for repairing it.
If the trail were constructed on the north edge of the R.O.W. which would fall between
the property lines of the new lots and the existing trees to be preserved in the R.O.W., it
may have the additional benefit of possibly reducing controversy if the trees in the
R.O.W. need to be removed for road reconstruction in the future. It will be more clear to
the residents that the existing preserved trees are in the R.O.W and not on their lots.
The PRAB were in consensus that this trail should be required to be built by the
developer. The applic?tnt reguested that there be a credit toward their park dedication
fees for the cost of the trail construction. The Advisory Board did not feel that they could
provide that credit without a quorum and an official motion, as typically developers
provide trail construction without credit, because they see as adding value to their
development. In this case, the immediate benefit to this development is less clear,
though this trail will ultimately provide a link to a 2-4 mile trail loop which will connect to
Riverside Bluffs area Park as well as Shutrop Community Park and the new elementary
school proposed for Shutrop South. The Advisory Board suggested that they return to
the next board meeting on April 24th for a formal motion on giving credit forthis trail
construction or they could appeal this comment to the City Council.
Park Dedication
Given the proximity to the proposed Glacier Estates Park and the good trail connection
to this park, cash in lieu of land is advised. Preliminary park dedication calculations (to
be confirmed at time of final plat) are as follows:
8 units X $5,340/unit =$42,720.00
Applicant Proposal
Consistent with the concept plan, the applicant is proposing cash contribution.
PARKS AND RECREATION ADVISORY BOARD PARK DEDICATION COMMENTS
The Parks and Recreation Advisory Board did not have a quorum and this is an
unofficial comment based on their consensus which includes approval of the proposed
preliminary and final plat, with the following conditions:
1. The applicant shall meet park dedication requirements by providing cash in lieu of
land dedication.
2. Park dedication fees in the amount required by the City Code and adopted City fee
schedule shall be paid prior to the recording of the final plat. If any portion of the
property is being platted as outlots to accommodate a phased development, the park
dedication fees for each future phase shall be based on the fees in effect at the time
of final plat approval for those outlots and shall be paid before the final plat for those
outlots is recorded.
3. The applicant shall construct a 8' wide bituminous trail along County Road 16 within
the County Right of Way which shall be ADA compliant.
STAFF COMMENTS AND RECOMMENDATIONS
Finally,' would note the following additional requirements should be added as conditions
of approval for the preliminary plat:
1. The applicant shall provide .and install trail boundary signage as determined to be
needed by the city along the trail at the CR 16 Right of Way.
Please let me know if you have any questions.
.-
SCOTT COUNTY PUBLIC WORKS DIVISION
HIGHW A Y DEPARTMENT ,600 COUNTRY TRAIL EAST . JORDAN, MN 55352-
9339
(952) 496-8346 . Fax: (952) 496-8365 'WWW.CO.5cott.mn.u5
LEZLlE A. VERMILLION
PUBLIC WORKS DIRECTOR
March 20, 2006
Mark Noble
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
RE: Preliminary Plat, Kensington Estates
CSAH 16 and East of Hilldale
Dear Mark:
We have reviewed the request for a preliminary plat and offer the following comments:
. The minimum right-of-way dedication for CSAH 16 shall be 75 feet from centerline.
. The existing driveway to this property shall be completely removed from the County right-of-
way and graded to match the existing ditch.
. The existing trees in the right-of-way will likely be removed when CSAH 16 is upgraded to a
four lane divided roadway in the future. We strongly recommend that property owners are
notified ofthis when they purchase the lots and new owners are notified with any resale.
. Noise issues along the County roadways may arise as traffic levels increase in the area. Noise
attenuation is the responsibility of the developer and City. Has there been any noise study
performed and mitigation proposed?
. No landscaping, ponding, berming, orsignage shall be permitted within the County right-of-
way.
. Any work within the County right-of-way shall require a permit.
Thank you for the opportunity to comment. If you have any questions, please feel free to contact
me.
Sincerely,
~
Craig Jenson
Transportation Planner
"
,
FebruaIY 17, 2006
Mr. Mark Noble
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379-1351
Ken and Sonya Kraft
1744 Wmdsor Drive South
Shakopee, MN 55379
Tele: 952-233-8750
RE: Application for Prelirninary Plat and Final Plat of Kensington Estates.
Dear Mark:
As per your request, please find enclosed a draft of the proposed covenants and some sample house
plans that would be fitting for this development. As stated in the covenants, we are encouraging
custom homes, however, we have enclosed photo copies of sample plans that could be used. All, but
one of these plans came from the magazine, Designer Dream Homes. dated 2005. The other plan was
one of over 400 house plans that fit the building pad, square footage and garage requirements found on
the internet @ dream home source,. house plans. Some of these plans would need to be modified
slightly to meet all of the requirements in the covenants.
. Please let us know if there is anything else we can provide to expedite this process. Thank you for all
your help, and please call with any questions or comments you may have. It's been a pleasure working
with you.
s~~
Sonya Kraft
. DECLARATION OF COVENANTS~ CONDmONS AND RESTRICTIONS
KENSINGTON ESTATES
This Declaration is made on this _ day of . 2006, by
, LLC, a Minnesota limited liability company, (the ''Declarant'').
Declarant is the owner of real property legally described as Lots 1-8, Kensington Estates, Scott
County, Minnesota (the ''Property''), and
Declarant makes the Declaration, declaring that this Declaration shall constitute covenants to
run with the Property, and that the Property shall be owned, used, occupied and conveyed subject to
the covenants, restrictions, and easements set forth herein, all of which shall be binding upon all
Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives,
successors and assigns.
SECTION I-DEFINITIONS
The following words when used in the Governing Documents shall have the following
meanings (unless the context indicates otherwise):
1.1 ''Dwelling'' means a building designed and intended for occupancy as a single family
residence, and located within the boundaries of a Lot. The Dwelling includes any garage attached
thereto or otherwise included within the boundaries of the Lot in which the Dwelling is located.
1.2 "Occupant" means any Person in possession of or residing in a Dwelling.
1.3 "Owner" means a Person who owns a Lot, but excluding contract for deed vendors,
mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for
deed vendees and holders oflife estates.
1.4 ''Person'' means a natural individual, corporation, limited liability company, partnership,
trustee, other or legal entity capable of holding title to real property.
1.5 "Property" means all of the real property subject to this Declaration, including the
Dwellings and all other structures and improvements located thereon now or in the future. . .
1.6 'CWt" means any platted lot subject to this Declaration upon which a Dwelling is
located or intended to be located, including all improvements thereon. There are 8 Lots, specifically
Lots 1-8, Kensington Estates. Each Lot constitutes a separate parcel of real estate.
SECTION 2-DWELLING CONSTRUCTION
All Dwellings on the Lots shall be constructed in strict compliance with the provisions of this
Section 2.
2719034.1
1
,
2.1 Declarant shall have the right, in Declarants's reasonable discretion, to approve or deny
plans and specifications for initial construction of all Dwellings, including exterior elevations and
materials. No construction of any Dwelling may begin until Declarant has given written approval of
the plans and specifications for such Dwelling. Said plans and specifications may not be altered or
amended without Declarant's approval. .
2.2 No manufactured homes are allowed on the Property.
2.3 All Dwellings shall meet or exceed Scott County and Shakopee building codes and
ordinances.
2.4 All Dwellings must be built by a licensed home builder or general contractor.
2.5 Any rambler, split entry, or. multi-level Dwellings shall have a minimum of 1,650
finished square feet on the main floor or foot print.
2.6 All two story Dwellings shall have a minimum 1,250 square feet foot print and
minimum 2,200 fiilished square feet.
2.7 The minimum fair market value of each Dwelling shall be not less than $500,000.
2.8 All Dwellings shall have attached, enclosed space for a minimum of three. vehicles with
a minimum of two standard sized garage doors. The garage doors shall be maintenance free or
architectural. No fiberglass garage doors are permitted. Garage orientation should be given great
consideration in order to achieve the best curb appeal. There shall be a maximum of three garage
doors per Dwelling. A two stall garage on the front elevation with the third or forth stalls "piggy
backed" is acceptable. Maximum garage space is limited to 1,040 square feet.
2.9 An address stone is required.
2.10 All Dwellings shall be constructed using 100% maintenance free exterior material, or
cedar siding.
2.11 Front elevations must have 100% brick/stone/stucc%r other hard surfaced
maintenance free exterior material, or cedar siding. Hardy Board is approved.
2.12 Roofs shall have a minimum 8/12 pitch, except for small areas of accent or entry, which
may be less. No single roof lines will be pennitted on the front elevation.
2.13 Shingles on Dwellings shall be an architectural styie, with a minimum 25~year warranty.
2.14 Dwelling must have good curb appeal, approved by Declarant pursuant to Section 2.1.
2.15 . Custom homes are encouraged; however, the style of the Dwelling must blend or
compliment the surrounding Dwellings. The style is not to detract from the other Dwellings.
2.16 The same house plan may not be used more than once in this development. Similar
plans with a different front elevation will be accepted.
2719034.1
2
2.17 The exterior colors of the Dwelling must be in a natural color scheme, and can not
match any adjacent Dwellings.
2.18 All Dwellings must be completed within 6 months of commencing construction.
2.19 Each Lot must be landscaped as required by the City of Shakopee.
2.20 Driveways shall be hard surfi1ced. Concrete, asphalt, or decorative concrete pavers are
approved. The driveway is to be completed at the same time as the Dwelling. Driveway locations and
widths at the curb shall be per City of Shakopee.
2.21 Remedies for Violation.
a. Declarant may undertake any measures, legal or administrative, to enforce
compliance with this Section. and shall be entitled to recover from the Owner
causing or pennitting the violation all attorneys' fees and costs of enforcement,
whether or not a legal action is started. Declarant is specifically empowered to
enforce the architectural and landscaping provisions of this Declaration by any
legal or equitable remedy, and in the event that it becomes necessary to resort to
litigation to determine the propriety of any constructed improvement, or to remove
any unapproved improvement, the prevailing party shall be entitled to recovery of
court costs, expenses and attorney fees in connection therewith. Such attorney
fees and costs shall be a lien against the Owner's Lot and a personal obligation of
the Owner. In addition, Declai'ant shall have the right to enter the Owner's Lot
and to restore any part of the Dwelling or Lot to its prior condition if any
alterations were made in violation of this Section, and the cost of such restoration
shall be a personal obligation of the Owner and a lien against the Owner's Lot. In
the event 'of any action by Declarant for injunctive relief: no bond shall be required
of Declarant.
b. Declarant may, in its sole discretion, so long as Declarant owns a Lot, grant
variances from the requirements contained herein, on a case by case basis;
provided however, that the variance sought is reasonable and does not impose a
hardship upon the Declarant or other Owners. The granting of such a variance by
Declarant shall not nullify or otherwise affect Declarant's right to require strict
compliance with the requirements set forth herein on any other occasion.
c. Neither Declarant, its officers, directors and employees, nor any person acting on
behalf of any of them, shall be liable for any costs or damages incurred by or on
behalf of any Owner within the Property or any other party whatsoever, due to any
mistakes in judgment, negligence or any action of Declarant tak:~n in good faith in
connection with the approval or disapproval of plans and specifications. Each
Owner and Occupant of any Lot within the Property agrees, as do their successors
and assigns by acquiring title thereto or an interest therein, or by assuming
p()s~sion thereot: that they shall not bring any action or suit against Declarant,
the directors or officers of Declarant, or their respective agents, in order to recover
2719034.1
3
,
any damages caused by the good faith actions of Declarant. Neither Declarant, its
officers, directors and employees, nor any person acting on behalf of any of them,
shall be responsible for any defects in any plans or specifications, nor for any
defect in any improvements constructed pursuant thereto. Each party submitting
plans and specifications for approval shall be solely responsible for the sufficiency
thereof and for the quality of construction performed pursuant thereto.
SECTION 3-RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in or
occupancy of the Property, covenant. and agree that the occupancy, use, operation," alienation and
conveyance of the Property shall be subject to the following restrictions:
3.1 Residential U:se. The Lots shall be used by Owners and Occupants and their guests
exclusively as private, single family residential dwellings, and not for transient, hotel, commercial,
business or other non~residential purposes, except as elsewhere expressly permitted herein. Any
lease of a Lot for a period of less than 90 days, or any . occupancy which includes' services
customarily furnished to hotel guests, shall be presumed to be for transient purposes.
3.2 Business Use Restricted. Each Dwelling shall be used only for residential purposes
and related ancillary uses. No Dwelling may be used for any commercial purpose, except for
home occupations that are permitted by the applicable zoning ordinances. Home occupations
include but are not limited to office and studio uses, and such other uses which by custom are
considered accessory to a dwelling; provided, however, that no sign advertising such occupation
shall be displayed. Other than home occupations, no business activity, trade, or occupation of any
kind shall be conducted, maintained or permitted in any dwelling.
3.3 Parking. Each Dwelling shall include a garage and a driveway. Garages and
parking areas on the Property shall be used only for parking of vehicles owned or leased by
Owners and Occupants and their guests. No commercial vehicles, boats, trailers, ATVs,
snowmobiles, or inoperative or unlicensed vehicles ~ay be stored on any Lot, except within an
enclosed garage. Parking on the public street is subject to all applicable City parking ordinances.
3.4 Animals. No animal may be bred, or kept or maintained for business or
commercial pwposes, anywhere on the Property. An Owner or Occupant of a Lot. may keep up
to two dogs andlor two cats (up to a total of four animals) on the Lot. All animals shall be
kenneled, leashed or otherwise kept within the Lot. All Owners and Occupants shall be
responsible for keeping dogs from barldng or otherwise becoming a nuisance. The word
"animal" shaII be construed in its broadest sense and shall include all living creatures except
humans.
3.5 Ouiet Enioyment: Interference Prohibited. All Owners and Occupants and their
guests shall have a right of quiet enjoyment in their respective Lots, and shall use the Property in
such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of
the Property by other 0wr1~:r~ and Occupants and their guests. Each Owner should particularly
IJIinimi7.e noise intrusion in any form including that from music, machinery and appliances from 10
2719034.1
4
p.m. to 9 a.m. Owners and Occupants and their guests may only operate snowmobiles, ATVs and
similar recreational vehicles on their respective Lots between the hours of 10 a.m. and 8 p.m.
3.6 Compliance with Law. No use shall be made of the Property which would violate
any municipal codes. or ordinances, or state or federal laws, nor shall any act or use be permitted
which could cause waste to the Property, cause a material increase in insurance rates on the
Property, or otherwise cause any unusual liability, health or safety risk, or expense, for any Owner
or Occupant.
3.7' Antennas/Satellite Dish. No television, radio, or other electronic towers, aerials,
anteimae shall be erected or maintained on any Lot, except contained in the attic of a Dwelling or
except satellite dishes eighteen inches or smaller. Any such device shall be installed in compliance
with all state and local laws and regulations, including zoning, land use, and building regulations,
and not seen form the front elevation.
3.8 Exterior Facilities. No detached storage buildings or sheds permitted. No
playground equipment, furnishings or furniture (including basketball hoops and swing sets),
whether temporary or permanent, shall be erected or placed on any Lot, except in the backyard or
a fenced. or screened side yard. No structure of a temporary character, trailer, basement, tent,
shack, garage, barn, or other building shall be used on any Lot at any time as a residence, either
temporarily or permanently.
3.9 . Fences. No fences, whether temporary or permanent, shall be erected or placed on
any Lot except as approved by the Declarant, for so long as Declarant owns a Lot, or, after
Declarant no longer owns a Lot, then except as approved by Owners of 75% of the Lots within
the Property (each Lot being entitled to one vote). AD fence approvals are conditional upon
proper future maintenance by the Owner, and must be installed and maintained in accordance with
all applicable zoning laws and regulations. Fences are subject to removal at the expense of the
Owner if it interferes with any drainage or utility easement.
3.10. The maintenance of mailboxes and their stands shall be the respoDSlbility of the Owner.
If a mailbox or its stand needs to be replaced, it is the responsibility of the Owner to replace it to match
the rest ofthe Dwellings in the Subdivision in a timely manner.
SECTION 4-MAINTENANCE
All maintenance of the Dwellings and Lots shall be the sole responsibility and expense of the
Owners thereof
SECTION 5-COMPLIANCE AND REMEDIES
5.1 Entitlement to Relief Legal relief may be sought by Declarant against any Owner, or
by an Owner against another Owner, to enforce compliance with this Declaration.
5.2 Costs of Proceeding and Attorney's Fees. WIth respect to any measures or action,
legal, administrative1 or otherwise, which Declarant or any Owner takes to enforce the provisions of
this Declaration, the prevailing party shall be entitled to recover from the. other party all costs and
2719034.1
5
.
expenses incurred in connection with such enforcement, including without limitation reasonable
attorneys' fees.
SECTION 6- DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following rights for as
long as it owns a Lot:
6.1 Complete Improvements. To complete all improvements indicated on the plat of
Kensington Estates, or otherwise included in Declarant's development plan.
6.2 Sales Facilities. To construct, operate and maintain a sales office, management office,
and other development, sales, signs and rental facilities within the Property.
SECTION 7-AMENDMENTS
This Declaration may be amended by the consent of Owners of 75% of the Lots (each Lot being
entitled to one vote), and the consent of Declarant for so long as Declarant owns any portion of the
Property. Consent of the Owners and Declarant shall be obtained in writing;
SECTION 8-MISCELLANEOUS
8.1 Severability. If any term, covenant, or provision of this instrument or any exhibit
attached hereto is held to be invalid or 1ll1enforceable for any reason whatsoever, such detennination
shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this
instrument or exlnbits.
8.2 Minnesota Common Interest Ownership Act. Pursuant to Minnesota Statutes Section
515B.l-I02(e)(2), Kensington'Estates is not subject to the Minnesota Common Interest Ownership
Act.
8.3 Av.proval Not a Guarantee. No approval of plans and specifications and no
publication of guidelines or standards by Declarant shall be construed as representing or implying
that such plans, specifications, or standards will, if followed, result in properly designed
improvements. Such approvals and standards shall in no event be construed as representing' or
guaranteeing that any dwelling or other improvement built in accordance therewith was built in a
good and workmanlike manner.
2719034.1
6
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year set forth
below.
,LLC,
a Minnesota limited liability company
By:
Its: Chief Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of . 2006,
by . the Chief Manager of
, LLC, a Minnesota limited liability company, on behalf of the
company.
Notary Public
Prepared by:
Leonard, Street and Deinard (SDH)
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
612~335~1500
2719034.1
7
f."
JUMP TO PLAN Living square2661 g Get Construction Finan~i~q. . t:
BeST SELLING PLANS /"-" feet: ... '" ~. ... '''''''' ",." ..'" .. '"' "" ... ,., "" w. .x .... '" .. ... .jj,
~ \ ;main: 1303 j
FEATURED PLANS ....'upper: 1358
HELP DESK Additional square
feet:
garage: 511
4 bedrooms, 2.5
baths, 2 car .
attached garage
Questions? 54"6" wide x 49"6"
Ready To Order? deep
Now Open 24/7 Exterior wall
Call Anytime framing: 2x4
Call 800-441-0027 .
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my account About This
REGISTER House Plan
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5 Bedrooms. 4 Baths o' Foundation place to retreat. A fifti1 bedroom on the main level makes a
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DDHFB10-1043 · The Christal
CHARMING DORMERS AND A ROCKING-CHAIR
front porch make the Christa/look like it could have been Tot4J living: 1749 s.f. Width: 54' OU
picked from the pages of yesteryear. An an:hed opening in the FITSt Roar: 1749 Sof. . Depth: 56' 6R
master suite leads to a secluded sitting area with vaulted cen.. Opt. 2nd Roar. 308 Sof. Basement, Crawl Space or .
iog - a casual and quiet spot to relax. The laundry room 3 Bedrooms, 2 Baths Slab Foundation
buffers the garage from the rest of the. home, providing an Price Category F
appropriate spot to leave shoes and coats.
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suite enjoys the privacy of being the only bedroom on the main Opt 2nd Floor: 331 sJ. Price Category G
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1996 Home Design AIlemaIives (HDA. Inc.)
DDHHOA10-0070-0005
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dining rooms is great for entertaining. lbe bayed family and
breakfast rooms connect with the efficient kitchen.. creating a first Roor: 1291 s.f. Depth: 42' O'
spadous area for family activities. The bedrooms are located Second Roar: 1045 s.t: Basement Foundation
on the second floor for added privaqc. 4 Bedrooms. 2-1,12 Baths Price Category 0
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NE COR. SEe. 13. T.115, R.22-~~'. . '0 5 I 0 KALLIO
1:1' . T - I-- 5 - Englneerlng, LLC
~ I -... -.... " _J_...J L _J_ 10775PcppltzLane
ili I Chaska,MN 55318
I:! (," P: 951-448-5725
- - - - - F: 952-400-8492
~ I l 8E1NG 5 FEET IN IWllH AND ADJOINING
l5 . - <I ? . LOT UNES, AND 10 fEET IN \\lOTH AND www.kallloenglneerlng.com
~ . . ^r . ADJOINING RIGHT Of WA Y.UNES AS
-". .1'" (' SHOWN ON THIS PLAT. . lsb~ Iii
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<( w _ That P.crt of the East one-half of the Southwesl Quarter of s..cUan 13,.Tawnsl1lp 115, Range 22. Scolt County, Minnesota des<:rlbed ae \lg'652 1=
'-" ::IE ,.: . fallows: Commencing ot the intersection of the East line of lIOld East one-half of the Southweet Quarter and the center line of Co. Road No. '" lil- E' .!! 1; ~
-- ..., . - - ri I 16. sold point belng.I486.36 feel South of the Northeast comer thereof;' thence North olong sold Easlllne 0 dlstance of 427.49 feel: thence --
PIO 270590060 "! - - - - West at right ongles 0 distance of 300.00 feet to the point of beginning of the tract of Iond 10 be deecrlbed; thence continuing West along
<( ~ .. "'R ,. ".N E ~ the lost' described line a distance. of 315.96 feet to Its tntersectlon with tho east Itne of the plat of ZOSCHKE'S ADDmON TO SHAKOPEE. Scott
"" \Vl V n \ County. Minnesoto: thence South olong sold Eost line' to the center line ~f County Rood No. 16: thence Easterly olong sold center Itne to Its
J- ....... l5 .. tntersectlon with o. line drown South from the point of beglnnln9 and poioUe! with sold East line' of the East one-half of the Southwest
C/) - - IX) 0 . R ,.. I '=. ,.. '1 :l Quarter; thence North along sold porollel line a distance of 486.93 feet to the point. of beglnnln9.
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- - ~Ij-;;t I ~ ~ ~I ZONING INFORMATION ENGINEER/SURVEYOR ~
" ~ I I . l8 C . l5 .. . EXlSlING ZONING" RIB KAWO ENGINEERING. UC ;:I:i
~ S'I m I 4 "" . ,,~ MINIMUM LOT \\lOTH _ 60 FEET 10775 POPPIlZ LANE ..s ~ ~
N =t I '.\ \J - MINIMUM LOT DEPTH - 100 fEET CHASKA,MN 55318 = Q Cl <>
J- . () t:; - ;=">0' Iii I MINIMUM LOT AREA - 6000 SQ. FT. CONTACT: CURT KAWO. P.t ,;; 0": .... ~
- 0 I ';... I is 952-446-5725 0 CIJ g:z; Of
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o . I .\5 I PROPOSED LOTS - 6 OWNER/DEVELOPER < = S ~
PIO 27059007rv,) 0,,.., W GROSS AREA - 3.32 ACRES Cl 4> ~.....,
UI., VI .... ..,.... .,,:- .....:. .': i'" . c;: 5 PROPOSED R.O.W. = 0.92 ACRES" I KEI: N::>.St'tlYA K!!.'."T '" l:t: l::; ~ ~
" ... 17# \\lNDSOR OR. D-
O \J ~, . SHAKOPEE, MN 55379
I _ SeTBACK INFORMATION CONTACT: SONYA KRAFT
... . ,-.' FRONT", 30 FEET 952-233-8750
I .., . _ SIDE YARD _ 10 FEET
- - __ _ __ - - -, REAR YARD - 30 fEET ...
-- -- . ~
- - ;. - - - SITE INFORMATION E:: ~
l - - - MINIMUM LOT I'.lDTH AT SElBACK UNE IN SU8DIVlSlON - 60 FEET ~ ~ ;z;
o I I MINIMUM LOT DEPTH IN SUBDMSlON - 119 FEET '" ~ ;::s
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-1- - iiO.71f UN<: OF' CO \ " ..- I ...,. ---:: - OF '\HE [1.51../ THERE ARE NO WETLANDS I'.lTHIN THIS S1lE. .-- CU. c:: CIJ
~6 AS TRA""";:;' RD.-.! \ /' '~--_ I _ - ^" -mE EASi UNE UNE f% CO. . ~ M .":!
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~ - ~52'E . R"'432.39 A =10 "17. '42" . _____, . Il2 f% '\HE SYI t ~ . ...
67.16- ____ RO. NO. 16 _ _ - I '"
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I PIO 2791305:-- - - - T - - - - ~ - - ~ - - - PIO 279130550 I >-
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KALLIO
Engineering, LLC
10775 Poppltz Lane
Chaska,MN 55318
P: 951-44B-5725
- F: 952-400-B492
www.kallloenglneerfng.C:Ont
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HEAVY DUlY SILT FENCE It1YllSIOH IMm: FEIlflt.WCT' 2004 ~ ~~2004 2004
IfWCOPEE IJtQlHEIJlIIJ DlPM1MENT 2002 . ENllWICE
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S" AGCRECAl< ....... ct 5 (2211)
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- - - -- --" .' . CONS1RUC1JON.tJMITS SC\RIN _ COt,II'ACT. SUBGIWlE (2112)
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- al THE USE AND Tl-llCl<HESS (If GEOTEXllLE '_Ie AND SELECT ctl 0
<- GRANULAR BORROW IS BASED ON EXISTING SOIL COHDmONS '" .m ~
IS llE1lt_ BY 1IIt ClT1 lNGINW!. '0 l:l ,;
. Q) STRttT lI'IIlTH TO BE DElERU1IIED BY THE CflY ~ l-< 0 o 8..
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ENGlNEEIl. '" ~~
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or- _ ME ENCOUmEREO IN THE f1G\DWAY SUSGRADE -l! bOo .- .a
,- IS DlRECltIl BY THE ENGINEER. :;! s-- a ~.
/ CS> 8818 CONCRETE' CURB AND GUTTER IS REQUIRED . <I.l
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GRAOING NOTES w
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. 1. ONLY MAXIMUM ORI~AY GRADES OF 10% ARE SHOWN, NOTE: III
2. DRIVEWAY 25.0 rr MAXIMUM W1DlH FROM BACK' OF "THE CURB TO R/W THE PAVEMENT SEC1lON SHOWN IS A MINIMUM.
3. GRADE SIDE AND REAR YARD SWALES SO DRAfI""GE IS WITHIN EASEMENT. 11ft .SECIIOH 1M. Bt: 1NCREA5ED BY THE CflY ENGIIlEER BA5ED D~ A SalLS REPORT. ,...
GRAOING LEGEND 4. 6" MIN. TOPSOIL SHALl BE PLACED ON ALL OISTURBED AREAS TO BE RE-VEGETATED. III
I DlREenoo . EROSION 'CONlROl Bl.ANKET. ~ . 5. ALl SLOGS EXISTING ON SITE SHALl.. BE REMOVED PRIOR TO CONSlRUcnON. ~ ........... ......... .~ .........,. ........
SILT FENCE CATEGORY AS SHOWN TYPICAL SlReer SEC'nON -- -- .... SILT FENCE ........- --
or fLOW RESIDENTIAL 1001 2001
ROCK CONSlRUCllON ~. 8M ELEV. 752.16 - SWrKOPEE ENCI'URlHO DEPNmaHr - -...........-
ENTRANCE lNH WEST END OF SlRA WORD CIRClE
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___________J L___________J
FlNlSH <RAllE AT REAR l'\J1.lBASEMei'lTWALKOl1TlWOI FUll. BASEMENT lOOl<OI1T (lOl SHEETS
KENSINGTO'N ESTATES
DRAINAGE AND UltUTY EASEMENlS
ARE SHOIIn THUS:
5 --1 KNOW ALL BY THESe PRESENTS: That Kennelh J. Kra~ .and Sonya D. KtatI, huslr.llld and wife, 0Wl\01$ and proprietors oUha 'oUowIng described property situated Intl1
I- County of Scoll. State of Minnesota, to wit
o .,
~ 5 ~ ,
J I ThaI part 01 tl1e east one-holf 01 the Southwesl Quarter of Section 13, Township 115, Range 22, Scott County, Mlnnosola desctlbed as loIIows: Commenclng at tile
l ....J L fntel$ection of the East Une of safd East one-half 01 the Southwest Quarter and the center line of Co. Road No. 18, seld point being 1486.38 teat SOUIb of the Northeast
- - - - oomer IhereoI;lhence North along said East Une e distance 01427.49 leet,thence West al right englos a distance 01 300.00 teet to tne polnlof beginning al thelracl afland
o 50 100 to be described; thence conDnufng WosI along the tast described Ilne a distance 01315.98 leet to Us Intersecllon with the east Dne 01 the plat of ZOSCHKE'S AODmON TO
' SHAKOPEE, Scott County, Minnesota: thence South along said Easlllne to the centsr line 01 County Road No. 16; tltence Easlerly along said center Dnela Us Intersection
SCALE IN FEET with a line drawn South from the POint afbeglnnlng and paraUaI with saId East Une althe East ane-half al tlte Southwest Quarter, thence North a1ang said p...llel line a
BEING 5 FEET IN VtlDTH AND ADJOINING dls1ance of 488.93 feet to Ibe poInl 01 beginnIng. . ,
LOT UNES, AND 10 FEET IN MOTH AND BEARINGS ARE ASSUMED . ,
ADJOINING RIGHT Of' WAY UNES AS . Have caused the same to be surveyed and platted as KENSINGTON ESTATeS. and do h....by donate and dedlcatelo the public for public use forever the Circle, and elso
SHOIIn ON THIS PLAT. 0 DelOTES IRON MONUMENT FOUND dedleal.the easements as shl7Ml on II1Is plat for draInage end uWty purposes only. '
In witness Whereof said Kenneth J. Kra~ and Sonya D. Krall, husbencl and wile, have heraunto set the~ hands this ___ day 01 2006.
NO MONUMENT SYMBOl. SHDIIn AT MY 51A lUTE , . , .
REQUIRED LOCA nON. ~ BE SET BY A Ji INClI BY
~Th~~ok~ON~EJ~~E~'ii~~ N~~'W~T. Kenneth J. Kra~ Sonya D. Kraft
I STATE OF MINNESOTA
NECOR. SEe. 13, T.115. R.22-.,~ COUNTY OF
~. -.. . -' .. . -11-.' , · Tha foregoing fnstnJmenlwas acknowledged before ma Ihls _ day of 2008, by J<ennell1 J..Krall, marrted.
~ I \ ,
iJi .. I
o (I 'NoIary PublIc, _ County. Mlnnosola.
-.!::'-- :> My Commission expires
~ It., ?: STATe OF MINNESOTA
~. -1 , COUNTY OF
-,. ~in C' .. The foregoing Inslrumentwas aoI<nowledged beron. me this _ day 01 . 2006. by Sonya D. Kratt, '!"'rrled.
..-
'--- 300.00 ____.
() N - - - - - :-r ----7. NalaryPubllc._County,Minnesola
l!; I, { . My CommIssion Exp/!es
-- I '" \. f I
!!! ~ " \ I I hereby certify thell heve surveyed ancl pletted the property desct1bed on lhIs plat as KENSINGTON ESTATES; tltalthls "'ells a COI7SC,,1 ~re,!"~a~of lII!.!'u!"~;!ha,t.. . ..,..
~ - Ld . ,q): .... .., . '.."'.'_. ____. _,., ...... .. "...... .... ~ ..., _... '_'~"" . _ ........ ,. ... ..............._. .. _, .e..d/S.tences.are.col7eclly. shown.ontheplat tn feet.and hundredths of. laol:lbale.'monumenls.have.bee/rcorrecUy'pIaCOlllirth"'lIIOlihij as shown or wl\l ba col7.ctfy
.. ..~ .n ...- ..... -_...... ......... .. .. .... . -. .. go- placed I" thd ground as designated: ~tthe outsIde boundary lines arecorrecdy de!:lgnafed on the plat and thers are no wetlands .,definedfn MS 505.02. Subd. 1. or
" public highways 10 be deslgnated other than as shown on Ibe pial .
- W ~.
--8 ,I
C::l Robert L. Pe'ers.l:and Surveyor
0_ MInnesota license Number 14890
C::l "":'~' I
(). ~ on. STATE OF MINNESOTA
C I.LI, :: COUNTY OF
< :::e...,:
~.:: ,..., . - ~ - ri I" TheforegoingSurveyo(ICertificatewalJ8cknQwledgedbeforemethrS~daya' 2006,byRobertL.Peterl.M1nnesota
<0 - - - Ucens8'No.14890." .
eN ..,,,c- '<.I
< CO ""'R,....'...... III
~ 'VI V ~ .
(/) J: to " , c- ,.,. I ~ Nolaty pubnc, County, Minnesota
~ fa (; 1 R OJ L. l.- ::::- ~ . My COmmfssbn &plres '
~ (/) ~ r ~' _ _ _ ~, '_
..,. I -!II '" I hereby certitY that, have '''''mlned this plsl of KENSINGTON ESTATES. and do hereby recommend this pIe! for epprovalas to form, this dey 01
~tJ- ~ ,:. "'=1 2006.
~ /' rd " ~ a.
\...... NO! ~ , N
-- .. to "'-.
) ~ ~ I . \' ~ I City Allomey, Shskopea. loiN
J: ( 0 - ;= \..: ')-. is
.. giN ' 1. <oJ We do hereby c,,",/y that on this day of 2006. the City Council 01 Ibe CRy of Sltekope.. Minnesota approved Ibis pial by
( ) - . ~ ~ ).. IE rasolutlon and Is In campUsnce will1 lI1e prOVisions af Minnesota Statute. Section 505.03, Subdivision 2.
o , 15 I SIGNED: Ks Mayor Attest Us clatl<
~ 1 g 2 ~
\' Iii SCOTT COUNTY SURVEYOR
. () '-.! ~. ~ Pursuant to Mlnnesala Statute., Chapter 389.09. Subd. 1. es einended, ibis plet hes b.en reviewed and approved this _ day 01 .2006.
\-......
h' , .
I " By
- ~ - Scott County Surveyor
. ----- I
- - - - - - - - SCOTT COUNTY AUDtTORlTREASURER:
----- .
" I J hereby certify that lhe current and deftnquent taxes on the lands described within are paid snd' the transfer Isenferecf thfs '. 'day of 2004.
;e: . . - _
CO. R . j::, I. ! Signed by; Deputy.
. D. N O. 16 on ;!; '" "'I ("\ I 'oJ ,. I
I ,.. :e ,.. I'" R \) . I" . v. _ ---?-:-I.I - SCOTT COUNTY RECORDER:
CENTER u' ..., v. _ -- E/lST' '
NO. 16 AS N( OF' CO. RD.) \ /--- '" : _ --EAST UNE Of 1liE co:-' ' I hereby certify thai this plet was flied In ibis office this _ day of .2004,.t o'cloc1c..Jd.. as Document No.
--....;. - EiA..\fliD . S81'< --. 25738 " _ - - --;:;SEC'1\ON oF 1 n:: IJlll cal1tl\ UNE oF
.~ 6"Ol55."c .' R=o1432.39 A =010 "17'42" -----, 1(1. oF 1ff SII I -l I Scott County Rscord81
1.16 __ _ _ RO.NO. _ __
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CONSTRUCTED
FUTURE
........... PROPOSED