HomeMy WebLinkAboutApril 09, 2026 - Planning PacketPliall
SHAKOPE E
Shakopee Planning Commission Regular Meeting
Thursday, April 9, 2026
7:00 PM
City Hall, 485 Gorman Street
Vision: Shakopee is a distinctive river town with a variety of business, cultural, and
recreational opportunities in a safe, welcoming, and attractive environment. Our vision
is for Shakopee to continue being the place people want to live, work, and play!
Mission: Our mission is to deliver high quality services essential to maintaining a safe
and sustainable community. We commit to doing this cost-effectively, with integrity and
transparency.
1. Roll Call
2. Approval of Agenda
3. Recognition by Planning Commission of interested Citizens
4. General Business
4.a PUBLIC HEARING a€" PUBLIC HEARING 3E" Annexation, Comprehensive Plan
Map Amendment/MUSA Expansion & Zoning
4.b PUBLIC HEARING: Preliminary and Final Plat of Dean Lakes Eleventh Addition
5. Other Business
6. Adjournment
If a commissioner has any comments, concerns or questions, he or she should contact the project
manager prior to the scheduled meeting date. Also, if a commissioner is unable to attend the
meeting for any reason, Please call the Department of Planning and Development at (952)233-9300
as soon as possible. Thank you!
1
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee Planning
Commission
April 9, 2026
4.a
PUBLIC HEARING - PUBLIC HEARING - Annexation, Comprehensive Plan
Map Amendment/MUSA Expansion & Zoning
Mark Noble, Senior Planner
Michael Kerski, Director of Planning and Development
Action to be considered:
Approve the requested actions.
Motion Type:
Simple Majority
Background:
The City of Shakopee has submitted an application for Annexation, Comprehensive Plan
Map Amendment to Figure 4.60 - Planned Metropolitan Urban Service Area (MUSA) in the
2040 Comprehensive Plan and zoning to Agricultural Preservation (AG) by bringing
approximately 16 acres located west of Zumbro Avenue (069230031) and the adjacent
Public R.O.W. of Zumbro Avenue from the south line of Highview Park south to 30' feet
north of the Jackson Township line (approx. 600 feet) within the municipal boundaries of
the city of Shakopee.
This property is presently zoned UER in Scott County (Urban Expansion Reserve) and the
current guiding is Suburban Edge Residential (0.01 - 3 dwelling units per acre). This
request would zone the property as Agricultural Preservation (AG), which is its current
use. No change necessary to the present guiding.
The city is proposing this annexation at this time as the property to the north and east
are in the development phase, and it is essential that the Zumbro Avenue right-of-way be
annexed into the city for the city to take over maintenance of this roadway from Scott
County, and this is the last developable parcel along Zumbro Avenue in Jackson
Township.
This application request would be consistent with the Orderly Annexation Agreement
(OAA) approved between Jackson Township and the City (this is in Area C of the OAA),
which states that Area C is eligible for annexation any time after December 31, 2017,
provided that at least 25% of property located in Areas A and B combined have been
annexed into the City. At this time, well over 50% of Areas A & B have been annexed into
2
the city. Should this annexation be approved, other conditions identified within this OAA
document shall be applied (i.e., municipal reimbursement, etc.).
Considerations
The following are the criteria evaluated in the granting of a Comprehensive Plan (MUSA)
Amendment. The City Council may grant a Comprehensive Plan Amendment with a two
thirds majority when it finds that one or more of the following criteria exists:
Criteria #1 The comprehensive plan was in error.
Finding #1 The original comprehensive plan was not in error. This area anticipated MUSA
expansion by approx. 2040. However, with extensive development in this area, the city
has been expanding the MUSA boundary much earlier than anticipated in the 2040 Comp
Plan.
Criteria #2 Significant changes in community goals and policies have taken place.
Finding #2 Not necessarily a change, but the intent for anticipated MUSA expansion by
approx. 2040, due to extensive development in this area, has caused for the city to
amend the MUSA boundary much earlier than anticipated.
Criteria #3 Significant changes in development patterns have occurred.
Finding #3 Significant changes in development patterns have occurred. Development has
occurred within reach of this property, warranting the MUSA expansion.
Criteria #4 The Comprehensive Plan requires a different provision.
Finding #4 The comprehensive plan for the subject property does not require an
amendment, as the guiding is generally consistent with the development of properties
within this area.
Staff finds that the amendment meets a minimum of 1 of the 4 criteria necessary to be
approved by the City Council.
Staff believes revising the MUSA for this property meets more than one of the criteria.
Considerations
The City Council may grant a zoning ordinance amendment when it finds that one or
more of the following criteria exists:
1. The original zoning ordinance is in error.
2. Significant changes in goals in community goals and policies have taken place.
3. Significant changes in city-wide or neighborhood development patterns have occurred.
4. The comprehensive plan requires another provision.
Staff believes revising the zoning for this property meets more than one of the criteria.
3
The current zoning of the annexation property is covered by the Scott County Zoning
Ordinance and per the annexation process, this zoning designation remains until
changed and approved by the City. The parcel is currently zoned Urban Expansion
Reserve (UER). Zoning this property to AG Zone is consistent with the guiding and use of
this land.
Recommendation:
(Three separate actions/votes):
1. Offer a motion of a positive recommendation to the City Council for approval of draft
Resolution R2026-060, approving the annexation of property.
2. Offer a motion of a positive recommendation to the City Council for approval of draft
Resolution R2026-061, approving a Comprehensive Plan Map Amendment to Figure 4.60
- Planned Metropolitan Urban Service Area (MUSA) in the 2040 Comprehensive Plan.
3. Offer a motion of a positive recommendation to the City Council for adoption of draft
Ordinance O2026-009, approving the zoning to Agricultural Preservation (AG) Zone.
Budget Impact:
Per the Orderly Annexation Agreement, the City must pay Jackson Township seven years
of the city portion of the property taxes for the proposed Greenview subdivision
property.
Attachments:
Annexation Res - Bauer.docx
MUSA Res - Bauer.docx
Ordinance - Zoning - Bauer.docx
Site Aerial.png
Proposed MUSA - City Figure 4.60.pdf
Proposed MUSA - Parcel.pdf
Engineering Memo = Bauer Annex.PDF
4
RESOLUTION R2026-060
A RESOLUTION ANNEXING PROPERTY FROM JACKSON TOWNSHIP
PURSUANT TO AN EXISTING ORDERLY ANNEXATION AGREEMENT
WHEREAS, the City of Shakopee ("City") and Jackson Township ("Town") entered
into a "Joint Resolution for Orderly Annexation between the Town of Jackson & the City of
Shakopee", that was filed with the Minnesota Municipal Board on March 6, 2018, accepted by
the Municipal Board on March 12, 2018, and which is identified as Docket No. OA -1694
("Orderly Annexation Agreement");
WHEREAS, the entire Town was designated for future annexation under the Orderly
Annexation Agreement and the City may annex property from the Town in accordance with the
terms and conditions of the Orderly Annexation Agreement;
WHEREAS, The City of Shakopee has applied to annex property legally described as
the South Half of the Southeast Quarter of the Southwest Quarter of Section 23, Township 115,
Range 23, EXCEPTING THEREFROM that part thereof described as follows: Beginning at a
point on the south line of said Southwest quarter distant 595.90 feet east of the southwest corner
thereof; thence North at right angles a distance of 375.0 feet; thence East parallel to said south
line a distance of 1010.82 feet; thence South at right angles a distance of 332.0 feet; thence
Easterly to a point in the east line of said Southwest Quarter, said point 33.0 feet north of the
southeast corner thereof; thence South to the southeast corner; thence West 2061.54 feet to the
point of beginning; and
WHEREAS, the City has notified the Township of the request for annexation;
WHEREAS, the City finds and determines as follows with respect to the requested
annexation:
a. Under Section II, paragraph 2 of the Orderly Annexation Agreement, "The following
standards shall be used to determine adjacency when a property owner, or combination of
multiple property owners with contiguous property, initiates annexation of property: A
property, or combination of contiguous properties, shall be considered adjacent to the City
when fifty (50) linear feet or more of the subject annexation area boundary is shared with the
boundary of the City";
b. The property owner Annexation Area share approx. 1,800 linear feet of boundary with the
City of Shakopee, which more than satisfies the minimum 50 lineal feet or more of shared
boundary required by the Orderly Annexation Agreement;
5
c. Under Section II, paragraph 3 of the Orderly Annexation Agreement, "The following
standards shall be used to determine adjacency when the City initiates annexation of
property: Twenty-five (25) percent contiguous shall be defined as at least twenty-five (25)
percent of the boundary subject property which abuts the City's municipal boundary.
d. The City initiated Annexation Area shares approx. 1,800 linear feet of boundary with the
City of Shakopee, which is approx. fifty (50) percent of the abutting City's municipal
boundary which more than satisfies the minimum 25% required by the Orderly Annexation
Agreement;
e. Under Section II, paragraph 9 of the Orderly Annexation Agreement, "Attached to this
Agreement as Exhibit A is an Annexation Staging Area Map. If all of the other requirements
for annexation contained in this Agreement are met, property within the Annexation Staging
Area is eligible for City -initiated annexation in accordance with the following schedule:";
f. The City determines that annexing the Annexation Areas pursuant to this Resolution is
consistent with the terms and conditions of the Orderly Annexation Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shakopee as follows:
1. The recitals set out above and the exhibits attached hereto are incorporated in and made part
of this Resolution.
2. The Annexation Areas identified in the attached legal descriptions are hereby annexed into
the municipal boundaries of the City of Shakopee effective upon the issuance of the Chief
Administrative Law Judge's order.
3. Pursuant to Minn. Stat. § 414.0325, subd. 1(h) and Section I, paragraph 2 of the Orderly
Annexation Agreement, the Chief Administrative Law Judge may review and comment, but
shall, within thirty (30) days, order the annexation in accordance with the terms of this
Resolution.
4. The City of Shakopee initiated Annexation Area is subject to local property taxes and,
pursuant to the Orderly Annexation Agreement, the City is required to make tax
reimbursement payments to the Town related to this annexation.
5. City staff is authorized and directed to file this Resolution with the Office of Administrative
Hearings - Municipal Boundary Adjustments Office ("Boundary Adjustments Office").
6. In the event the Boundary Adjustments Office identifies any errors, omissions, or other
problems with the attached map or legal description, City staff is hereby authorized to make
such corrections as may be needed to accomplish the purpose of this Resolution.
Adopted in adjourned regular session of the City Council of the City of Shakopee,
Minnesota, held this 21st day of April, 2026.
Mayor of the City of Shakopee
ATTEST:
Richard Parsons, City Clerk
6
RESOLUTION R2026-061
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING A
COMPREHENSIVE PLAN MAP AMENDMENT TO FIGURE 4.60 - PLANNED
METROPOLITAN URBAN SERVICE AREA (MUSA) IN THE 2040 COMPREHENSIVE
PLAN
WHEREAS, The City of Shakopee, applicant, has made an application for a
Comprehensive Plan Map Amendment to Figure 4.60 — Planned Metropolitan Urban Service
Area (MUSA) in the 2040 Comprehensive Plan for property located west of Zumbro Avenue and
south of Highview Park; and
WHEREAS, all required public notices regarding the public hearing for the
Comprehensive Plan amendment were duly sent and posted, and all persons appearing at the
hearing have been given an opportunity to be heard thereon; and
WHEREAS, the Planning Commission of the City of Shakopee did review the
application on April 9, 2026, and recommended approval; and
WHEREAS, the City Council of the City of Shakopee did review the application on
April 21, 2026, and adopted the following findings:
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Shakopee hereby adopts the following findings of facts relative to the Comprehensive Plan Map
Amendment request:
Criteria #1 The comprehensive plan was in error.
Finding #1 The original comprehensive plan was not in error. This area anticipated MUSA
expansion by approx. 2040. However, with extensive development in this area, the city has been
expanding the MUSA boundary much earlier than anticipated in the 2040 Comp Plan.
Criteria #2 Significant changes in community goals and policies have taken place.
Finding #2 Not necessarily a change, but the intent for anticipated MUSA expansion by approx.
2040, due to extensive development in this area, has caused for the city to amend the MUSA
boundary much earlier than anticipated.
Criteria #3 Significant changes in development patterns have occurred.
7
Finding #3 Significant changes in development patterns have occurred. Development has
occurred within reach of this property, warranting the MUSA expansion.
Criteria #4 The Comprehensive Plan requires a different provision.
Finding #4 The comprehensive plan for the subject property does not require an amendment, as
the guiding is generally consistent with the development of properties within this area.
BE IT FURTHER RESOLVED, that Figure 4.60 — Planned Metropolitan Urban
Service Area (MUSA) in the 2040 Comprehensive Plan is replaced with the new Figure 4.60
attached to this Resolution.
FURTHER, approval of the Comprehensive Plan Map Amendment is contingent upon,
and subject to, the required review and response by the Metropolitan Council.
After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the
County Auditor and County Recorder of Scott County.
Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,
held this 21st day of April, 2026.
Mayor of the City of Shakopee
ATTEST:
Richard Parsons, City Clerk
8
ORDINANCE O2026-009
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 151.003 BY
ZONING PROPERTY SOUTH OF HIGHVIEW PARK AND WEST OF ZUMBRO
AVENUE TO AGRICULTURAL PRESERVATION (AG) ZONE
WHEREAS, The City of Shakopee, applicant, has applied to zone property located
south of Highview Park and West of Zumbro Avenue to Agricultural Preservation (AG) Zone;
and
WHEREAS, The property is legally described as the South Half of the Southeast Quarter of
the Southwest Quarter of Section 23, Township 115, Range 23, EXCEPTING THEREFROM that
part thereof described as follows: Beginning at a point on the south line of said Southwest quarter
distant 595.90 feet east of the southwest corner thereof; thence North at right angles a distance of
375.0 feet; thence East parallel to said south line a distance of 1010.82 feet; thence South at right
angles a distance of 332.0 feet; thence Easterly to a point in the east line of said Southwest Quarter,
said point 33.0 feet north of the southeast corner thereof; thence South to the southeast corner; thence
West 2061.54 feet to the point of beginning; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on April 9, 2026, at which time all persons present were given an opportunity
to be heard; and
WHEREAS, the Planning Commission has recommended to the City Council that the
subject property be zoned as stated; and
WHEREAS, the City Council heard the matter at its meeting on April 21, 2026; and
NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of
Shakopee hereby adopts the following findings of facts relative to the above -named request:
Finding #1 The original zoning ordinance is in error. The property, once annexed into the city, shall
be zoned consistent with the City of Shakopee Zoning Ordinance. Zoning this property
as Agricultural Preservation (AG) is consistent with the existing use.
Finding #2 Significant changes in community goals and policies that concern this property have
taken place. Not necessarily a change, but the intent has been that this area would be
developed as a single-family residential neighborhood in a density generally consistent
with the existing guiding and aligned with the neighboring subdivisions. The annexation,
MUSA amendment, and zoning to a city zone (vs. County zoning classification is
consistent with the 2040 Comp Plan.
Finding #3 Significant changes in city-wide or neighborhood development patterns have occurred. The
9
current zoning of the annexation property is covered by the Scott County Zoning Ordinance
and per the annexation process, this zoning designation remains until changed and approved
by the City. The parcel is currently zoned Urban Expansion Reserve (UER). Zoning this
property to AG Zone is consistent with the guiding and use of this land.
Finding tt1 The Comprehensive Plan requires a different provision. The comprehensive plan for
the subject property does not require an amendment, as the guiding is generally
consistent with the development of properties within this area.
BE IT FURTHER ORDAINED, that the request to zone the property as stated in this ordinance
is hereby approved.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 2P`
day of April, 2026.
Mayor of the City of Shakopee
Attest:
Richard Parsons, City Clerk
Published in the Shakopee Valley News on the day of , 2026.
%\•
10
Bauer Property
An nexahon
11
BLOOMINGTON
r—?
N
N
•
•
•ft
•
en
✓
Co
LLI
CC
0
CC
0.
6
N
1.
0
,Sec.i;t
LOUISVILLE
Existing MUSA
O
O
N
N M d -
O O 0 0
N N N d
■ El
4
1
,_.
N
SMSC Holdings
O
z
Bauer - Proposed MUSA
Highview Park
1:9,028
0 0.05 0.1
Proposed MUSA
4/1/2026, 6:20:53 PM
•
Parcels - Scott County
MUSA Boundary
Shakopee Municipal Boundary
sou`
QMMQMS
itIMMITAIPX
GreenView
(Recent MUSA Epansion)
Oak 'C S.
r rI
qoPet
I1 I' It 1
0 0.07 0.15
0.2 mi
0.3 km
Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community
Web AppBuilder for ArcGIS 13
Vantor I Scott County GIS i Systems Mamagement Specialist I
City of Shakopee
Memorandum
TO: Mark Noble, Senior Planner
FROM: Darin Manning, Project Engineer
SUBJECT: Annexation —15.9 Acres in Jackson Township, Scott County
PID #: 06-923003-1 (Jackson Township PID)
DATE: March 4, 2026
The application indicates a request to annex a property from Jackson Township. This property
is located south of County Road 78 (130th Street) and west of Zumbro Avenue.
The engineering department has completed its review and offers the following comments at
this time for the applicant and for the planning department:
1. Annexation should include the entirety of the road right-of-way.
2. Sanitary sewer will not be available to the property until further development occurs.
Recommendation
Following our review, the Engineering department recommends approval of the annexation
with the items included above as conditions of approval.
H:A Development \Bauer Property (AnnexationlA_Project Management \Letters and Memos\Staff Review\Bauer Property Annexation 03 04 26.docx
14
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee Planning
Commission
April 9, 2026
PUBLIC HEARING: Preliminary and Final Plat of Dean Lakes Eleventh
Addition
Kyle Sobota, Senior Planner
Michael Kerski, Director of Planning and Development
4.b
Action to be considered:
Recommend the City Council Adopt Resolution R2026-058.
Motion Type:
Simple Majority
Background:
Site Information:
Address: 5201 & 5225 Dean Lakes Boulevard
Property Owner: IDP Dean Lakes B1 LLC
Lot Area: 26.13 Acres
Current Zoning: BP, Business Park
Alliant Engineering has applied for the preliminary and final plat of Dean Lakes Eleventh
Addition on behalf of the owner, IDP Dean Lakes B1 LLC. The proposed plat is two lots;
one lot for each of the existing buildings. This property was originally platted as four lots
in the initial Dean Lakes development and then was re -platted into one single lot by the
plat, Dean Lakes Eighth Addition.
The current property owner constructed two buildings on the site in 2022. The property
owner would now like to sell the buildings and is proposing to subdivide the property into
two lots to allow the buildings to be sold separately.
Both proposed lots meet the requirements of the Business Park zone in regard to lot
area, building setbacks, impervious surfaces and lot width. A reciprocal easement
agreement is proposed to allow ingress and egress from Dean Lakes Boulevard to the
parking area for the northern building and the shared truck court.
Review comments received from the various departments and agencies relate to the
provision of the necessary drainage and utility easements prior to the plat being recorded
and the providing the necessary maintenance agreements for the stormwater retention
15
areas that serve the two buildings.
Recommendation:
Recommend the City Council adopt the resolution, as presented.
Budget Impact:
N/A
Attachments:
Location Map
Applicant Narrative
Existing Conditions Survey
Preliminary Plat
Final Plat
Draft Reciprocal Easement Agreement
Engineering Department Comments
Draft Resolution R2026-058
16
Dean Lakes 11th Addition
4/3/2026, 8:27:36 AM
Parcels - Scott County
_ - _ : Shakopee Municipal Boundary
1:9,028
0 0.05 0.1
0 0.07 0.15
0.2 mi
0.3 km
Source: Esri, Vantor, Earthstar Geographics, and the GIS User Community
Web AppBuilder for ArcGIS 17
Vantor I Scott County GIS I Systems Mamagement Specialist
The owner of the Property is in receipt of an offer to purchase Bldg "B"at Dean Lakes from a
3rd party user group. A Lot Split is required to affect the sale. Per City Code, a minor
subdivision is not allowed for Industrial Properties. As such, the Proposed Preliminary and
Final Plat Application is hereby submitted for review.
Also included for review are the Reciprocal Easement Agreements that will provide Shared
Access, Sanitary Sewer, and Storm water Drainage rights and obligations between the two
proposed lots.
18
wota9aoa `s, aax: bMp ao,-94Lo—,aaVbuns!.\c9c,o,z\,zoa\:x .ow. bu!Moaa
z
#flo
-CNYCc OO 1
OZ
— 9ZOZ `6L ,PJ 6.66,7 P-92[0—LZZV61-6>M6 66\C94LOLZ\LZOZ\:X '0WO bu!M�aO
woazIu — 9zoa 9.J 6MPI0SV 9302 c9c[olA[Z0Z\x ,au,ou buImD-IG
_
C9
Z
Z
3 fl,EO„OON
z
O
F-
V
a
O
a
N
m
WIL 0
❑ J<
CO
z
DEAN LAKES
i I i
� � I
I
0NV14OO/�A
LOT 1, BLOCK 1, DEAN LAKES EIGHTH ADDRION
z
ZZ
11VH13A0- NVld 39VNIVHa (INV ONK1YHJ
1V1d 1VNI3 aNV AEIVNI1N113Hd - 111dS 101
V1O S3NNIW `33dONVHS
O dYA31f109 S3)IV1 NV30
NOI1V011ddV llldS 101- NOIl1aav H1N3/1313 S3NV1 NV3a
qaj bMp'vo,69£ la ¢Aalds sgaa qs uoId\z9s:auaou e paa,
1Vld AHVNIINI13Hd
1Vld 1VNId 0NY AHVNIINI13Hd - lildS 1O1
V1O S3NNIW `33dONVHS
OLIVA31noa S3;IV1 NV3O
NOIlvOllddv lildS 1O1- NOIlI00Y H1N3A313 S3)IV1 NV30
SURVEYOR
1,138,386 S.F. - 26.13 AC
663,840 S.F. - 15.23 AC
O
474,546 S.F. - 10.9 AC
ti
O
1,138,386 S.F. - 26.13 AG
SITE DATA:
0
z
w
w
J
w 940 11 — 9Z0 `6l 9a3 ,^^P 1.1d0A9£101A]Ids 1.1\ as ys uold\L'g£IQ IZ�IZQ � X ;a wou 6uimo�0
S1N3IN33H'JV 1N3IN3SV3 31VAIHd HAM 1Vld AHVNIINI13Hd
.Vld 1VNId 0NV AHVNIINI13Hd - 111dS 1O1
V1OS3NNIW `33dONVHS
OLIVA31noa S3;IV1 NV3O
NOIlVOllddV lildS 1O1- NOIlIOOV H1N3A313 S3)IV1 NV3 I
T
U
LOT AREA TABLE:
W
0
LU
RECIPROCAL EASEMENT AGREEMENT AREAS:
wob0 11. — 9ZOZ `6l ,PA HP^^ }olde-.9£101Z\yi.1ds. 1Ol\LN uold\L'9LOIZ\lZOZ\ X ;ewou fiuimo�Q
Sheet 1 of 4 Sheets
Sheet 2 of 4 Sheets ss
Sheet 3 of 4 Sheets
Sheet 4 of 4 Sheets
Submit a utility facilities maintenance agreement for each lot
DECLARATION OF RECIPROCAL EASEMENTS
This Declaration of Reciprocal Easements (this "Declaration") is made effective as of the
day of , 2026 ("Effective Date"), by IDP DEAN LAKES B 1, LLC, a
Delaware limited liability company ("Declarant").
RECITALS
A. Declarant is the owner of certain real property and improvements thereon located
in the City of Shakopee, Scott County, Minnesota, legally described on the attached Exhibit A
("Property").
B. Declarant has developed and subdivided the Property into two separately platted lots
(individually, "Parcel A" and "Parcel B", collectively the "Parcels"), together with related
drainage tracts and shared facilities.
C. Declarant desires to create shared easements and facilities for the benefit of the
Parcels and provide for the management and maintenance of commonly used facilities, including,
but not limited to shared driveways, sanitary sewer lines, and storm water management systems
serving the Property.
NOW, THEREFORE, Declarant hereby declares that the Parcels are and shall be owned,
used, sold, conveyed, encumbered, demised, and occupied subject to the provisions of this
Declaration, which shall run with the land and be binding on all parties having any rights, title or
interest in the Parcels or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof.
1. Creation of Reciprocal Easements. Subject to any express covenants, conditions,
restrictions, limitations and/or reservations contained herein, Declarant hereby establishes the
following perpetual, appurtenant, reciprocal easements benefiting and burdening the Parcels for
the use by all present and future owners of any portion of the Property ("Owner') and any
permitted users:
a. Shared Driveways. Easements for the benefit of the Parcels for access, ingress and
egress to the Parcels over the Shared Driveways and the Truck Court (as described and
depicted on the attached Exhibit B) from time to time serving the Property, so as to provide
29
for the passage of motor vehicles and pedestrians to, from and between the Parcels and
abutting streets and rights -of -way furnishing access to the Parcels. No Owner shall permit
the Shared Driveways or the Truck Court to be blocked, closed, modified, altered, relocated
or otherwise changed, without the prior written consent of the Owner of the other Parcel,
which consent shall not be unreasonably withheld or delayed.
b. Storm Water Management. An easement for the benefit of the Parcels upon,
under and across the portions of the Parcels (as described and depicted on the attached
Exhibit C) for the discharge and drainage of storm water runoff in the manner and in the
locations depicted on the attached Exhibit C ("Storm Water Management Facilities").
The easement created herein shall include the right of reasonable access to and from the
existing and future Storm Water Management Facilities as may be required to maintain,
repair, replace and operate the same. The Storm Water Management Facilities shall not be
modified, altered, relocated or otherwise changed without the prior written consent of the
Owner of the Parcel on which the Stalin Water Management Facilities proposed to be
changed are located, which approval shall not be unreasonably withheld or delayed. The
Parcel A Owner shall operate and maintain, or cause to be operated and maintained, in
good order, condition and repair, the Storm Water Management Facilities and make, or
cause to be made, any and all repairs and replacements that may from time to time be
required with respect thereto.
c. Sanitary Sewer Easement. An easement for the benefit of Parcel B under and/or
across those parts of Parcel A (as described and depicted on the attached Exhibit D)
("Sanitary Sewer Facilities") for sanitary sewer purposes for the continuous,
uninterrupted use of the sanitary sewer lines and facilities and for maintenance, repair and
replacement thereof. The easement rights created herein shall at all times be exercised in
a manner that does not materially interfere with the normal operation of either Parcel and
the businesses conducted therein. Except in an emergency, the right of any Owner to enter
upon the Parcel of another Owner for the purpose of maintenance, repair or replacement of
any Sanitary Sewer Facility or a component thereof shall be conditioned upon providing
reasonable prior written notice to the Owner of the Parcel upon which maintenance, repair
or replacement activities will be performed. The Parcel B Owner shall operate and
maintain the Sanitary Sewer Facilities, or cause the same to be operated and maintained,
in good order, condition and repair, and make, or cause to be made, any and all repairs and
replacements that may from time to time be required with respect thereto.
2. Intentionally Deleted.
3. Reasonable Use of Easements; Maintenance. The easements created in this Declaration
shall be used and enjoyed by each Owner and occupant and their permitted users in a manner that
does not unreasonably interfere with, obstruct or delay the conduct and/or operations of the
business of any other Owner or occupant at any time conducted on a Parcel, including, without
limitation, public access to and from said business, and the receipt and delivery of merchandise in
connection therewith.
-2
30
4. Relocation of Facilities. The Owner of any Parcel served by Storm Water Management
Facilities or Sanitary Sewer Facilities hereby agrees to the reasonable relocation of such facilities
by the Owner of a Parcel where such facilities are located, at the sole costs and expense of the
Owner of the Parcel where such facilities are located, so long as Storm Water Management
Facilities or Sanitary Sewer Facilities to another Owner's Parcel are not unreasonably interrupted
or the capacity of such facilities diminished, except during periods of construction. Any voluntary
interruption in electricity or other utilities in connection with such relocation shall be subject to
the approval of the Owner of the Parcel benefited by the utility services that would be interrupted.
5. Maintenance. Maintenance and allocation of the costs of maintenance of the Property
shall be governed by the following provisions:
a. Maintenance of Shared Stormwater Management. If there are Stormwater
Management Facilities on an Owner's Parcel that are shared with another Parcel,
maintenance, repair and replacement of such shared facilities shall be performed by the
Parcel A Owner, and the costs thereof shall be allocated to the Parcel Owners benefited
thereby with each such benefited Parcel Owner being responsible for a fractional share, the
numerator of which is the square footage of that Parcel and the denominator of which is
the sum of the square footage of all of the Parcels.
b. Maintenance of Sanitary Sewer Facilities on Parcel A that Benefits Parcel B.
As to the Sanitary Sewer Facilities located on Parcel A that benefits Parcel B, the obligation
to perform maintenance, repair and replacement of such facilities and the cost of such
maintenance, repair and replacement, shall be borne solely by the Owner of Parcel B. Any
work of this kind to be performed by the Parcel B Owner shall be coordinated with the
Parcel A Owner and performed in a manner that endeavors to minimize any interference
with the business operations on or access to and from the business(es) on Parcel A.
c. Maintenance of Shared Driveway and Truck Court. . The Parcel A Owner shall
operate and maintain, or cause to be operated and maintained, in clean, unobstructed, open,
paved and otherwise good order, condition and repair, the Shared Driveways and Truck
Court, and make, or cause to be made, any and all repairs and replacements that may from
time to time be required. The Parcel A Owner shall engage contractors to maintain, repair
and replace the Shared Driveways and Truck Court, including day to day maintenance and
snow removal from the Shared Driveways and Truck Court, directional signage and
lighting serving the Shared Driveways and Truck Court (other than lighting for which the
City or another governmental body is responsible), including, but not limited to
replacement of bulbs.
All maintenance, repair and replacement described in this Section 5, shall be performed at a level
equal to or better than that in which related improvements, grounds and facilities are maintained
in other well -managed, first-class industrial areas in the Twin Cities metropolitan area that are
similar to the Property.
6. Payment by Owners of their Fractional Share. Each Owner of a Parcel, by acceptance
of a deed thereto or by consenting to or joining in this Declaration shall be deemed to covenant
-3
31
and agree to pay its share of the costs incurred pursuant to Section 5 above. The Parcel A Owner
shall adopt a budget annually reflecting the costs of the maintenance, repair, replacement and
utilities reasonably estimated to be required by this Declaration and shall send each Parcel Owner
a copy of the budget and the monthly amount due from each Parcel Owner for the fractional share
of such expenses allocable to the Owner's Parcel (the numerator of which is the square footage of
that Parcel and the denominator of which is the sum of the square footage of all of the Parcels).
Each Owner shall then make payments as provided for in the budget. Each such monthly payment
shall be payable on or prior to the first day of each month. Within one hundred twenty (120) days
after the end of each calendar year a statement setting forth in reasonable detail the actual costs
incurred during the preceding calendar year and the difference between the amount paid by a Parcel
Owner on an estimated basis and such actual costs will be sent to each Parcel Owner. If that
statement reveals that a Parcel Owner's payments of such costs for the prior calendar year made
based on the estimate is less than that Owner's fractional share based on the actual costs incurred,
the Owner of each Parcel shall pay, within thirty (30) days after receipt of such statement, an
amount equal to the underpayment. If the statement reveals that the amount paid by a Parcel
Owner exceeds the fractional share of such costs allocated to the Owner's Parcel, the Owner shall
receive a credit equal to the overpayment, which shall be applied against the monthly payments to
be made by that Parcel Owner to be made during the then -current calendar year.
7. Inspection of Records. Any Parcel Owner may, upon not less than ten (10) days' prior
written notice, inspect the records for the costs incurred for the costs of maintenance, repair and
replacement incurred. If the inspection of the records by a Parcel Owner or its representatives
reveals that the amount reflected in the annual statement was incorrect and resulted in an
overcharge and the those who prepared the statement agree with that determination, which
agreement shall not be unreasonably withheld or delayed, the Parcel Owner shall be reimbursed
for their fractional share of the amount of the overcharge within thirty (30) days after such agreed -
upon determination is made. If the inspection reveals that the costs reflected in the annual
statement have undercharged the Parcel Owners, then each Parcel Owner shall pay an amount
equal to the Parcel Owner's fractional share of the undercharge within thirty (30) days after such
agreed -upon determination is made.
8. Parking. The Owner of each Parcel shall maintain a sufficient number of parking spaces
within the boundaries of that Owner's Parcel to: (i) comply with applicable laws; (ii) meet the
parking needs of the business(es) operating on the Owner's Parcel; and (iii) avoid causing the
amount of parking within the Parcel to be insufficient to satisfy the applicable laws of the City of
Shakopee.
9. Barriers. No curbs, fences, landscaping, or other barriers shall be constructed, placed or
erected within a Parcel that would in any way impede, detract, prevent, hinder or interfere with the
free flow and passage of vehicles and pedestrians from and to the Parcels upon, along and across
the Shared Driveways and Truck Court.
10. Insurance and Indemnification. The Owner of each Parcel shall maintain or cause to be
maintained, in full force and effect, commercial general liability insurance on the Owner's Parcel
in an amount not less than Three Million Dollars ($3,000,000), combined single limit. Such
insurance shall include the following provisions:
-4-
32
a. Notice before Canceling. If available from the insurer, the policy may not be
canceled in amount or coverage without at least thirty (30) days' prior written notice by
the insurer to the Owner of the other Parcel;
b. Additional Insureds. The policy shall name Declarant and the Owner of the other
Parcel as an additional insured; and
c. Severability of Interests. The policy shall provide for severability of interests.
The Owner of each Parcel must carry or cause to be carried property insurance on a
standard comprehensive replacement cost form with a face amount equal to One Hundred Percent
(100%) of the replacement value, with an agreed amount endorsement (exclusive of the cost of
excavation, foundations and footings) of the Buildings and other improvements on that Parcel.
The Owner of each Parcel covenants and agrees to indemnify, defend and hold harmless
Declarant and the Owners of each other Parcel from and against all claims, actions, costs, expenses
and liabilities (including reasonable attorneys' fees and costs of suit incurred in connection with
any of the foregoing), to the extent arising from or as a result of the injury to or death of any one
or more natural Persons, or damage to the property of any one or more Persons that occur on the
Owner's Parcel and be caused by the negligence or willful wrongful act of the Owner or anyone
for whom the Owner is responsible under applicable laws, including those Persons occupying all
or a portion of a Parcel under an agreement with the Owner, such as tenants, licensees and
concessionaires; provided, however, that the Owner of a Parcel shall not be required to indemnify
another Parcel Owner for that Parcel Owner's own negligence or willful wrongful act or omission
or the negligence or willful wrongful act or omission of the occupants of said Owner's Parcel.
11. Events of Default. In the event of a breach by any Owner or its occupants of any of the
terms, covenants, or conditions hereof, which breach is not cured within thirty (30) days after
written notice of breach from the other Owner (or such longer period of time as is reasonable if
the breach cannot reasonably be cured within said thirty (30) day period), the other Owner shall
be entitled forthwith to full and adequate relief by injunction and/or all such other available legal
and equitable remedies from the consequences of such breach, including payment of any amounts
due and/or specific performance. Any occupant shall have the right, but not the obligation, to
enforce this Declaration on behalf of the Owner of the Parcel which such occupant leases, and/or
to cure a breach or default hereunder by the Owner of such Parcel, which enforcement or cure shall
be accepted by the Owner of the other Parcel as if effected by the Owner of said Parcel.
12. Remedies. A lien upon the Parcel of the defaulting Owner shall exist to secure payment
of all amounts due hereunder. The right, but not the obligation, to record a lien in the amount
owed, but at all times the lien pursuant to this Section shall be considered perfected by the
recording of this Declaration, meaning that the lien shall exist whether or not a lien statement is
recorded; provided, however, that such lien shall be subject and subordinate to the lien of any
mortgage now or hereafter held by any mortgagee whose mortgage on the defaulting Owner's
Parcel was recorded prior to the recording of this Declaration or the date the lien right arose, and
any extension, renewal, modification, refinancing or advances of additional proceeds in connection
-5
33
with the loan secured by such mortgage. Because lien statements need not be filed in order for a
lien to be perfected, the existence or nonexistence of a lien on a Parcel may be determined by
obtaining an estoppel letter pursuant to Section 13.
All remedies are cumulative and shall be deemed additional to all other remedies to which
any Parcel Owner may be entitled under applicable laws or in equity. A non -defaulting Owner
shall also have the right to restrain by injunction any violation or threatened violation by the Owner
of a Parcel of any of the terms, covenants or conditions of this Declaration, or to obtain a decree
to compel performance of any such terms, covenants or conditions provided for herein, it being
agreed that the remedy at law for a breach of any such term covenant, or condition (except those,
if any, requiring the payment of a liquidated sum) is not adequate.
13. Estoppel Certificates. Upon request of the Owner of any Parcel for an estoppel certificate
as provided for in this Section, whether for such Owner's own benefit or for the benefit of any
prospective successor Owner, mortgagee or prospective mortgagee, each Parcel Owner shall, when
requested, execute an estoppel certificate, reasonable in form and substance and prepared by the
requesting Parcel Owner (or by a prospective successor Owner, mortgagee or prospective
mortgagee) that is completed to state whether: (i) the Owner of the Parcel requesting the estoppel
certificate is believed to be in default of any of the requirements of this Declaration; (ii) any
condition is believed to exist on the requesting Owner's Parcel that violates the terms of this
Declaration or, with the passing of time, will ripen into an Event of Default; or (iii) whether there
are any claims of a lien against the requesting Owner's Parcel. If an estoppel certificate alleges a
default, the estoppel certificate shall describe the nature of the default and the action needed to
cure the default. If an estoppel certificate claims that a lien exists against the requesting Owner's
Parcel, the estoppel certificate must state the amount required to be paid in order to release the
requesting Owner's Parcel from that lien. A Parcel Owner of whom an estoppel certificate is
requested shall complete, sign and return the estoppel certificate to the requesting Parcel Owner
within fifteen (15) days after receiving a request to sign an estoppel certificate accompanied by the
proposed estoppel certificate. If a Parcel Owner fails to complete, sign and return a requested
estoppel certificate within such fifteen (15) day period, the requesting Owner shall, following three
(3) business days' notice to the Owner receiving the request, be deemed to have a power of attorney
coupled with an interest, authorizing the requesting Owner to complete the estoppel certificate(s)
in good faith and sign the estoppel certificate on behalf of the non -performing Owner.
14. No Merger. Notwithstanding an Owner's ownership of more than one Parcel, the
easements and covenants created in this Declaration shall not be considered to have been
terminated by such ownership and upon conveyance of a Parcel so that such Parcel ceases to be
under common ownership, neither the Owner conveying such Parcel nor the Owner acquiring such
Parcel shall need to execute additional documentation to evidence the existence of such easements
and covenants, and such easements and covenants shall relate back to the date this Declaration is
recorded.
15. No Public Dedication; No Third -Party Beneficiaries. Nothing in this Declaration is
intended to grant or dedicate to the public any interest or rights in any portion of the Property. To
the extent permitted by applicable laws, each Parcel Owner shall have the right to close, if
necessary, all or any portion of the Shared Driveways or Truck Court on that Owner's Parcel for
-6-
34
such period as may be necessary to prevent a dedication or the accrual of any rights of the public
therein; provided, however, that prior to such closing the Owner seeking to temporarily close any
such area shall give notice to, and coordinate such closing with, the Owner whose Parcel may be
affected thereby. There are no third -party beneficiaries of the provisions of this Declaration.
16. Force Majeure. Any Parcel Owner shall be excused from performing any non -monetary
obligation set forth in this Declaration during the period the performance of such non -monetary
obligation is prevented or delayed by a weather event or other act of the elements, fire, earthquake,
flood, explosion, war, invasion, insurrection, riot, malicious mischief, vandalism, larceny, inability
to procure or general shortage of labor, equipment, facilities, materials or supplies in the open
market, failure of transportation, strikes, lockouts, orders of governmental authorities or any other
cause reasonably beyond the control of the Parcel Owner that is prevented from or delayed in
canying out such non -monetary obligation.
17. Mortgage Subordination. Any mortgage that becomes effective after the recording of
this Declaration and affects any of any Parcels shall at all times be subject and subordinate to the
terms of this Declaration, and any party foreclosing any such mortgage, or acquiring title by deed
in lieu of foreclosure or trustee sale in connection with such mortgage, shall acquire title subject
to all the terms and conditions of this Declaration.
18. General Matters. The following general matters shall apply to the Parcels and the Owners
and occupants of the Parcels:
a. Notices. All notices, demands, statements, and requests required or permitted to
be given under this Declaration must be in writing and shall be deemed to have been
properly given or served as of the date hereinafter specified: (i) on the date of personal
service upon the Parcel Owner to whom the notice is addressed or, if such Parcel Owner is
not available, the date such notice is left at the address of the Parcel Owner to whom it is
directed; (ii) one (1) day after the date the notice is postmarked by the United States Post
Office, provided it is sent prepaid, registered or certified mail, return receipt requested; and
(iii) on the date the notice is delivered by a courier service (including Federal Express or
its reasonable equivalent) to the address of the Parcel Owner on file with Scott County for
payment of real estate taxes. If receipt is refused, the notice shall be deemed given on the
date of refusal to accept receipt.
b. Condemnation. If any portion of the Property shall be condemned, the award shall
be paid to the Owner of the portion of the Property that is condemned.
c. Binding Effect. The terms of this Declaration shall run with the land and shall
inure to the benefit of and be binding upon Declarant, Declarant's respective successors
and assigns, the Owners of each Parcel and such Owners' successors and assigns. This
Declaration is not intended to supersede, modify, amend, or otherwise change the
provisions of any prior instrument affecting the Property that was recorded prior to the
recording of this Declaration.
-7
35
d. Severability. Invalidation of any of the provisions contained in this Declaration,
or of the application thereof to any person by judgment or court order shall in no way affect
any of the other provisions of this Declaration or the application thereof to any other
Person, and the same shall remain in full force and effect.
e. Amendments. This Declaration may be amended by a written document signed
and acknowledged by the Owners of each Parcel within the Property and shall be effective
only when recorded in the office of the Scott County Registrar of Titles. No such
amendment shall require the consent of any occupant of a Parcel other than the Parcel
Owner.
f. Minimization of Damages. In all situations arising out of this Declaration, all
Parcel Owners shall attempt in good faith to avoid and minimize the damages resulting
from the acts or omissions of any Parcel Owner. Each Owner shall take all reasonable
measures to obey and conform to the provisions of this Declaration.
g.
Time. Time is of the essence of this Declaration.
h. Non -Waiver. The failure of Declarant, or any Parcel Owner to insist upon strict
performance of any of the terms, covenants or conditions of this Declaration shall not be
deemed a waiver of any rights or remedies which Declarant, or such Owner may have
hereunder under applicable laws or equity and shall not be deemed a waiver of any
subsequent breach or default in any of such terms, covenants or conditions.
i. Enforcement. Declarant, and any Owner may enforce this Declaration and its
easements, restrictions and covenants by appropriate action, and the Party prevailing in
such action shall recover any reasonable costs and attorneys' fees that Party may incur. No
occupant of a Parcel, other than the Owner of that Parcel, has any right to enforce any of
the provisions of this Declaration.
j. Construction of this Declaration. The rule of strict construction shall not apply
to the easements, restrictions and covenants created under this Declaration, and this
Declaration shall be given a reasonable construction so that the intention to confer
reasonably usable rights and benefits and reasonably enforceable obligations are carried
out.
k. Governing Law. This Declaration shall be governed by the laws of the State of
Minnesota.
Balance of page left blank. Declarant's signature and acknowledgment are set forth on the
following page.
-8
36
[Signature Page of Declarant to Declaration of Reciprocal Easements]
DECLARANT:
IDP DEAN LAKES B 1, LLC, a Delaware limited liability
company
By: Inland Development Partners, LLC, a Minnesota limited
liability company
Its: Managing Member
By:
Tom Shaver
Its: Managing Member
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2026,
by Tom Shaver, the Managing Member of Inland Development Partners, LLC, a Minnesota
limited liability company, the Managing Member of IDP Dean Lakes B 1, LLC, a Delaware
limited liability company, on behalf of the company.
Notary Public
Seal
This instrument was drafted by:
Fredrikson & Byron, P.A. (MSR)
60 South 6th Street, Suite 1500
Minneapolis, Minnesota 55402
(612) 492-7000
90550661x2
-9
37
EXHIBIT A
Legal Description of the Property
Parcel A: Lot 1, Block 1, Dean Lakes Eleventh Addition, Scott County, Minnesota.
Parcel B: Lot 2, Block 1, Dean Lakes Eleventh Addition, Scott County, Minnesota
Together with the non-exclusive easements for drainage and temporary construction purposes in,
across, along, over, under, and upon Outlot G, Dean Lakes First Addition, as set forth in the
Perpetual Drainage Easement and Temporary Construction Easement dated June 2, 2022,
recorded July 12, 2022 as Document No. T277405.
38
EXHIBIT B
Description and Depiction of Shared Driveways and Truck Court
-J
WEST LINE LOT 2.
BLOCK I. PLAT OFL
DEAN LAKES
ELEVENTH
ADDITION
xn A
P.20
'7 15'
F.C.C. J.:
MOST SOUTHERLY SOUTHWEST
COP. LOT 2, BLOCK I. PLAT
OE DEAN LAKES ELEVENTH
ADDITION
67:
sx •.nxy_5T LINE LOT 7
TTnn D:AN �-�LAKES
DEAN LAKES
ELEVENTH
ADDITION
�N4
LOT 1
LOT 2
sr
V
EASEMENT AREA
150
SCALE N EEEi
SHEET 1 OF 2 SHEETS
� o
P
39
Description of Access Easement for Shared Driveways and Truck Court
An easement for access purposes over, under, and across those parts of Lots 1 S 2, Block 1, DEAN LAKES ELEVENTH ADDITION, according to the recorded plat
thereof, Scott County, Minnesota described as follows:
Commencing at the most southerly southwest corner of said Lot 2, Block 1; thence northeasterly 11.08 feel along the westerly line of said Lot 2, along a non -tangential
curve concave to the northwest with a radius of 70.00 feet, a central angle of 9 degrees 04 minutes 07 seconds. and a chord bearing of North 36 degrees 22 minutes 39
seconds East {assuming the north line of said Lot 2 has a bearing of North B9 degrees 56 minutes 46 seconds Westlto the point of beginning; thence South 89 degrees
59 minutes 54 seconds East 694.37 feet; thence northeasterly 75.22 feet along a tangential curve concave to the northwest with a radius of 66.00feet and a central angle
of 66 degrees 18 minutes 22 seconds', thence North 23 degrees 41 minutes 44 seconds East 142.40feet; thence northeasterly 48,32feet along a tangential curve
concave to the southeast with a radius 01107.00 feet and a central angle of 25 degrees 52 minutes 20 seconds. thence North 49 degrees 34 minutes 04 seconds East
275.231eetl thence northeasterly 31.82 lent along a tangential curve concave pc the southeast with a radius of 307,00 feet and a central angle Of 5degrees 54 minutes 46
seconds: thence North 55 degrees 28 minutes 50 seconds East 48,93 feet; thence North 34 degrees 31 minutes 10 seconds West 40.87 feet; thence North 89 degrees
56 minutes 48 seconds West 002.431eet. thence South 32 degrees 10 minutes 43 seconds West 3574 feet, thence North 90 degrees 00 minutes 00 seconds West 02.71
feet: thence South 13 degrees 47 minutes 23 seconds west 78.72 feet: thence southerly 54,51 feet along a tangential curve concave to the east with a radius of 355.67
feet and a central angle of 8 degrees 48 minutes 54 seconds; thence South 05 degrees 00 minutes 20 seconds West 13338 feet; thence southwester) 70.26 feet along
a tangential curve concave to the northwest with a radius 01 164.33 feet and a central angle of 24 degrees 20 minutes 51 seconds, thence North 77 degrees 44 minutes
51 seconds West, not tangent with last described curve. a distance of 7.68 feet to the westerly line of said Lot 2: thence South 00 degrees 24 minutes 38 seconds West
6.00 feet to an angle point in said westerly line. thence southeasterly 40.51 feet along said westerly line of Lot 2, along a non -tangential curve concave to the southwest
with a radius of 70,00 feet. a central angle of 33degrees 09 minutes 28 seconds, and a chord bearing of South 54 degrees 00 minutes 32 seconds East; thence
northeasterly 90.55 feet along a non -tangential curve concave to the northwest with a radius of 199.00 feet. a central angle of 26 degrees 04 minutes 13 seconds. and a
chord bearing of North 18 degrees 02 minutes 36 seconds East, thence North 05 degrees 00 minutes 29 seconds East 114.26 feet; thence North 06 degrees 20 minutes
57 seconds East 45.15 feet. thence North 12 degrees 04 minutes 39 seconds East 17.9e feel; thence northeasterly 58.O5 feet along a tangential curve concave to the
southeast with a radius of 50.00feet and a central angle of 77 degrees 58 minutes 35 seconds; thence South 89 degrees 56 minutes 46 seconds East 871.49 eel;
thence southeasterly 40,70 feet along a tangential curve concave to the southwest with a radius of 20.00 feet and a central angle of 139 degrees 30 minutes 50 seconds,
thence South 40 degrees 34 minutes 04 seconds West 192.15 feet; thence southwesterly 66.96 feet along a tangential curve concave to the southeast with a radius of
135.00 feet and a central angle of 25 degrees 52 minutes 20 seconds', thence South 23 degrees 41 minutes 44 seconds West 131.95 feet', thence southwesterly 61.34
feet along a tangential curve concave to the northwest with a radius of 53.00 feet and a central angle of 66 degrees 18 minutes 23 seconds; thence North 80 degrees 59
minutes 53 seconds West with 544,14 feet; thence North BB degrees 49 minutes 57 seconds West 4301 feet; thence North B9 degrees 59 minutes 54 seconds West
80,70feet to said westerly line of Lot 2: thence southwesterly 30.95feet along a non -tangential curve concave to the northwest with a radius of 70 feet. a central angle of
25 degrees 20 minutes 12 seconds, and chord bearing of South 19 degrees le minutes 20 seconds West to the point of beginning.
SHEET 2 OF 2 SHEETS
DEAN LAKES ELEVENTH ADDITION
-2
40
EXHIBIT C
Description and Depiction of Stormwater Management Facilities
50' DRAINAGE 4 UTILITY
EASEMENT PER PLAT OF
DEAN LAKES EIGHTH
AODRION
75
LOT 1
LOT 2
BLOCK 1
P.O.H.
P.O.C.
• NORTHEASTERLY COR.
LOT 2. BLOCK I, DEAN
LAKES ELEVENTH
MOTION
l_xonnan
POINT 'A
Arlig
W
Z
n _
These flared end sections
should be included in this
easement agreement for
maintenance
EASEMENT AREA
Revise the agreement to include both stormwater ponds
within the easement area. The agreement shall also
clearly define maintenance responsibilities for the ponds
41
Description of Easements for Siorntwater Management Facilities
A 20.00 loot wide easement tar stormwater management purposes over, under, and across Lot 2. 131504 1. DEAN LAKES ELEVENTH ADDITION, according to the
recorded plat thereof, Scott County, Minnesota, The centerline or said easement is described as follows,
Commencing at the northeasterly corner of said Lot 2; thence North 89 degrees 56 minutes 48 seconds West, assumed bearing along the north line of said Lot 2. a
distance or 35.05 feet to the point of beginning of the centerline to be described; thence South 55 degrees 23 minutes 03 seconds West 39.13 feet thence South 88
degrees 20 minutes 06 seconds West 58.36 feet; thence South 75 degrees 21 minutes 40 seconds West 0.81 feet to a point hereinafter referred 10 as Point Al; thence
South 75 degrees 21 minutes 40 seconds West 70.89 feet and said centerline there terminating.
TOGETHER WITH a 20.00 foot wide easement for srcm'rwafer management purposes over, under, and across said Lot 2. The centerline of said easement is described
as follows:
Beginning at the aforementioned Point 'A': thence North 0o degrees 58 minutes 55 seconds East 43,34 feel to said nosh line of Lot 2 and said centerline there
terminating.
The sidelines of said easements are to be prolonged or shortened to terminate at said north line of Lot 2.
Description of Easements for Stormwater Management Facilities
A 20.00fcot wide easement for storrnwater management purposes over, under, and across Lot 2 Block 1, DEAN LAKES ELEVENTH ADDITION. according to the
recorded plat thereof, Scott County. Minnesota. The centerline of said easement is described as follows:
Commencing at the northeasterly corner of said Lot 2', thence North 89 degrees 56 minutes 46 seconds West, assumed bearing along the north line of said Lot 2. a
distance of 553.15 feet to the point of beginning of the centerline to be described', thence South 01 degrees 55 minutes 36 seconds West 42.80 feet to a point
hereinafter referred to as Point'B'. thence South 89 degrees 59 minutes 26 seconds East 2.35 feet; thence South 53 degrees 00 minutes 20 seconds East 179.85feet;
thence South 00 degrees 04 minutes 12 seconds East 284.41 feet, thence South 32 degrees 40 minutes 10 seconds West 88.40 feet; thence South 87 degrees 40
minutes e2 seconds West 140.69 feet; thence South DO degrees CO minutes 06 seconds West 15.95 feet and said centerline there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate at said north line of Lot 2.
TOGETHER WITH a 20.001oot wide easement for storrrxrater management purposes over. under, and across said Lot 2. The centerline of said easement is described
as follows:
Beginning at the aforementioned Point 'B': thence North 89 degrees 29 minutes 25 seconds West 340,85 feet and said centerline there terminating.
SHEET 2 OF 2 SHEETS
Af
LEPW
-2
42
EXHIBIT D
Description and Depiction of Sanitary Sewer Facilities
HOC.
Itl;
Description of Easement for Sanitary Sewer
DRAINAGE AND UTILITY----�:'"
CPFCMENT_PA 20.00 foot wide easement for sanitary sewer purposes over, under, and
DEAN LAKES runt ADDITION r•, across Lot 1, Block 1. DEAN LAKES ELEVENTH ADDITION, according to the
50' DRAINAGE & UDUTY
EASEMENT PER PLAT or
DEAN LAKES EIGHTH
ADDITION
LOT 1
BLOCK 1
>� \
)1\, r r A
SOUTHWEST COR. LOT L.,_ SOUTH LINE OF LOT L
BLOCK I, PLAT OF DEAN BLOCK I. DEAN LAKES
LAKES ELEVENTH ADDITION ELEVENTH ADDITION
CI
0
LOT 2
LI
recorded plat thereof, Scott County, Minnesota. The centerline of said
easement is described as follows:
Commencing at the southwest corner of said Lot 1, thence South 89 degrees
58 minutes 48 seconds East, assumed bearing along the south line of said
Lot 1. a distance of 50.19 feet to the point of beginning of the centerline to be
described; thence North 05 degrees 03 minutes 37 seconds East 320.70 feet;
thence North 10 degrees 42 minutes 28 seconds East 82.85 feet and said
centerline there terminating.
The sidelines of said easement are to be prolonged or shortened to terminate
at said south line of Lot 1.
I EASEMENT AREA
0 75 150
WALL IN FEET
SHEET I OF I SHEETS
P
SHAKOPEE. MINNESOTA
S
re
A
43
CONSENT OF LENDER/MORTGAGEE
, a bank, the holder of that certain Mortgage dated
and recorded at Scott County Registrar of Titles office on
as Document No. agrees that its rights in the following described real property
encumbered by such Mortgage shall be subordinated to said Agreement:
a bank
By
STATE OF
) ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2026 by
of , a bank, on
behalf of the bank.
Notary Public
This Instrument was Prepared by:
Fredrikson & Byron, P.A.
60 South Sixth Street
Suite 1500
Minneapolis, MN 55402-4400.
44
City of Shakopee
Memorandum
TO: Kyle Sobota, Senior Planner
FROM: Darin Manning, Project Engineer
SUBJECT: Preliminary & Final Plat — Dean Lakes Eleventh Addition
PROJECT: PLAT -000363-2026
DATE: March 23, 2026
The staff review indicates a request to review a Preliminary and Final Plat application for Dean
Lakes Eleventh Addition. The site is located east of CSAH 83 (Canterbury Road South), north of
Eagle Creek Boulevard, and south of Trunk Highway 169.
This review should be considered preliminary, as more comments will follow with additional
submittals. However, the Engineering Department offers the following comments at this time to
the applicant and to the planning department:
The following items need to be addressed/completed prior to release of the Final Plat for
recording:
1. Refer to Shakopee Public Utilities (SPU) comments and ensure all SPU comments are
addressed to their satisfaction.
2. Submit a recorded copy of the Declaration of Reciprocal Easement Agreement. This
agreement must clearly define maintenance responsibilities for the two ponds that
receive stormwater runoff from both lots.
3. Submit a recorded copy of the Utility Facilities Easement Agreement for each site. A
template is available from the Engineering Department.
4. Provide electronic copies of the Final Plat in both AutoCAD and PDF formats. The plat
must reference datum on the Scott County coordinate system.
Recommendation
The Engineering Department recommends approval of the application subject to the conditions
above being addressed/completed by the applicant.
H:\Development\Dean Lakes 11th Addition\Project Management \Letters and Memos\Staff Review \Dean Lakes 11th Addition FP & PP 03 23 26.docx
1 oft
45
RESOLUTION R2026-058
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE
PRELIMINARY AND FINAL PLAT OF DEAN LAKES ELEVENTH ADDITION
WHEREAS, Dan Sjoblom (applicant) and IDP Dean Lakes B1 LLC (property owner),
have made application for the Preliminary and Final Plat of Dean Lakes Eleventh Addition; and
WHEREAS, the property is legally described as:
Lot 1, Block 1, Dean Lakes Eighth Addition, Scott County, MN; and
WHEREAS, notice was provided and on April 9, 2026 the Planning Commission held a
public hearing regarding the Preliminary and Final Plat of Dean Lakes Eleventh Addition, at
which time it heard from City Planning staff and invited members of the public to comment; and
WHEREAS, the City Council reviewed the Preliminary and Final Plat of Dean Lakes
Eleventh Addition on April 21, 2026; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Shakopee, Minnesota that the Preliminary and Final Plat of Dean Lakes Eleventh Addition is
hereby approved subject to the following conditions:
I) The following procedural actions must be addressed/completed prior to the release of
the recording of a Final Plat:
A. Comply with the Engineering Department memorandum dated March 23, 2026.
B. A Utility Facilities Maintenance Agreement must be provided for each lot and recorded at
Scott County Land Records.
C. The stormwater management practices on this site provide treatment for both future lots.
The Utility Facilities Maintenance Agreement needs to include both stormwater basins for
both sites, whether they are located on the lot or not. Both lots must have access and shared
maintenance responsibility in the agreement.
D. Shakopee Public Utilities (SPU) has an existing lateral primary electric system that runs
through the site. Easements were required to be provided over the existing electric running
46
line and structures during building construction, but were never formally recorded. The
property owner shall provide certified easement depictions and descriptions and fully
execute the electric easement agreement provided by SPU. Executed easements shall be
provided to SPU and shall be filed before or concurrent with the proposed plat. The size
and location of electric easements shall be consistent with the requirements of SPU; and
extend a minimum 5 feet on either side of the running line and 10 feet extending from the
center of structures; such as pad mounted transformers or switches. Additionally, future
circuits will need to be installed to provide service to Lot 2 of Block 1. These circuits will
need to be routed through Lot 1, Block 1. As part of conditional approval of the plat, SPU
is requiring the property owner to agree to provide easements for these facilities. The size
and location of these easements are subject to change and the finalized depictions and
descriptions shall be communicated and presented to all parties. Contact Martin Drouillard
at Shakopee Public Utilities for details.
E. Shakopee Public Utilities (SPU) has an existing public watermain system that loops
through the site. Easements were required to be provided over the existing wateiivain
during building construction, but were never formally recorded. The proposed watermain
easements on the final plat shall be removed and separate easement documents drafted and
recorded. The property owner shall provide certified easement depictions and descriptions
and fully execute the watermain easement agreement provided by SPU. Executed
easements shall be provided to SPU and shall be filed before or concurrent with the
proposed plat. The size and location of watermain easements shall be consistent with the
requirements of the SPU Water Policy Manual. A PDF copy of the proposed easement
description and depiction has been uploaded to the City ePortal system for the owner's
information and/or use. Contact Ryan Halverson at Shakopee Public Utilities for details.
II. Following approval and recording of the final plat, the following conditions shall
apply:
A. Landscaping that is on the site must be maintained. If landscaping is removed from
either lot it must be replaced on the site, as it is required landscaping / tree replacement
for when the two buildings and parking areas were constructed.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,
held the 21st day of April 2026.
Mayor
Attest:
Richard Parsons,
City Clerk
47