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HomeMy WebLinkAbout#27 - Easton Village 6th Addition Final PlatLA515-89-844001.v2 STAFF REPORT DATE: 8/15/2023 TO: City Council FROM: Nathan Fuerst, Consulting Planner Jenni Faulkner, Consulting Planner SUBJECT: Easton Village 6th Addition – Final Plat REVIEWED BY: Kristina Handt, City Administrator BACKGROUND: Chase Development, Inc. has submitted an application for Final Plat for Easton Village 6th Addition. The Final Plat consists of 1 lot of the larger 217-unit residential development and is described as Outlot A, Easton Village 4th Addition. The lot is 10,889 sq. feet according to 4th Addition documentation and is surrounded by previous developed additions of Easton Village. Outlot A of Easton 4th Addition was used as a temporary roadway to alleviate traffic on 32nd Street during the build out on the 4th Addition. Per the preliminary plat, this lot was intended to be a platted lot and have a home built on it. The Development Agreement for Easton Village 5th Addition states that Preliminary Plat status for all lots not final platted into lots and blocks, not outlots, expire five years after Preliminary Plat approval. The Preliminary Plat was approved in 2014 and therefore, the Preliminary Plat status of all remaining lots has expired. Similar to Eason Village 7th Addition Final Plat, the applicant has requested that the Preliminary Plat rights be extended so that the Final Plat for Easton Village 6th Addition can be approved. An extension agreement is a condition of approval and is attached for Council consideration and approval. (This is the same procedure followed for Eaton 7th Prelim Plat extension). The final plat is consistent with the preliminary plat of Easton Village. Staff recommends approval of the requests subject to compliance with the conditions of approval listed in this report. By approving the Final Plat, the City Council would enable staff to draft a Development Agreement that would govern construction of the Easton Village 6th Addition and its associated public improvements. The developer intends to record this 6th Addition prior to recording the previous approved 7th Addition. PROPOSAL DETAILS/ANALYSIS: General Information. Applicant: Chase Development, Inc., 2140 West County Road 42, Burnsville, MN Property Owner: Easton Village, LLC 2140 West County Road 42, Burnsville, MN Location: Outlot A of Easton Village 4th Addition Request: Application for final plat approval of a 1 lot residential subdivision to be named Easton Village 6th Addition. Zoning: LDR – Limited Density Residential 2 Surrounding: The entire parcel is surrounded by previous additions of Easton Village and developed as single family residential. Comp. Plan: Village Low Density Residential (1.5 - 3 units per acre) History: The property for the Easton Village development was included in Village Planning Area boundary and municipal sewer service area as defined in the 2013 Village Land Use Plan. Sketch Plan review by Planning Commission in 2014 with Preliminary Plat approval also in 2014. The 1st Addition was approved in 2015, 2nd and 3rd Additions were approved in 2017. 4th Addition final plat approval occurred in 2018, 5th Addition final plat was approved in 2019, and 7th Addition final plat was approved in 2021 and in 2022. Action Deadline: Application Complete – July 24, 2023 60 Day Deadline – September 22, 2023 Regulations: Title 103 – Subdivision Regulations Article XII – Urban Residential Districts – Low Density Residential FINAL PLAT REVIEW: Lot Size. The proposed lot area and width in the 6th Addition is consistent with the revised and approved preliminary plat as well as the LDR zoning district. The proposed lot size is 10,889 square feet, meeting the required minimum lot size of 8,000 square feet and the lot meets the minimum requirement of 60 feet of width at the setback line. Parkland. The applicant platted outlots with 3rd Addition to satisfy the park dedication requirements of the development. Outlots have been dedicated to the City for stormwater management and parkland. Engineering Comments. The City Engineer has reviewed the proposed Final Plat. Engineering comment memo dated July 18, 2023, is attached for reference. Conditions include correcting drainage issues of the adjacent trail. It is a recommended condition of approval that the applicant incorporate all of the requested changes and conditions of the City Engineer in its final project plans. In addition, a railroad crossing agreement that the City previously obtained for temporary and permanent easements from the developer to accommodate the Village Parkway UPRR crossing project has expired and the project has yet to begin. A condition requiring the agreement to be renewed and extended for an additional five years is included in the resolution. Landscape Plans. The landscape plans have been reviewed by the City’s Landscape Architect and there are no revisions or conditions recommended as no trees are intended for this lot from the approved landscaping plan and adjacent trees have been planted. A copy of the Landscape Architect’s review memo is attached. Fire Chief Review. The City’s Fire Chief reviewed the proposed Final Plat and offered one comment about address numbers. A condition is included in the resolution. Watering Ban. Due to a shortage of water, the City has implemented watering restrictions. Such restrictions could affect future home builders and buyers as there may be a limited supply of water available for outdoor uses. A condition of approval has been added to the resolution to require the home builders to inform the buyers about the possible watering restrictions. 3 Final Plat Approval Procedure. The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary plat, it must be approved by the City. The City’s approval of the Easton Village Preliminary Plat included a series of conditions that must be met by the applicant, which are addressed in the sections below. Consistency with Preliminary Plat. • Revised Preliminary Plat. Before the 1st Addition Final Plat approval, the applicant revised the approved Preliminary Plat in December of 2014 to address the following: o The need to reconfigure the temporary access into the subdivision. o Revisions to the grading plan. o Adjustments to the property boundaries adjacent to the gas line that bisects the site. o The provision of a slightly larger buffer from the railroad tracks. o Revisions to the storm water management plan. o With the 2nd Addition, the applicant again revised the Preliminary Plat. A condition of 2nd Addition approval was to have the revised Preliminary Plat approved before submittal of the 3rd Addition. All of these points have been addressed and are not necessarily relevant for review of the 6th addition. In order to provide the City Council with information concerning the conditions associated with the Preliminary Plat for Easton Village, staff has prepared the following: Preliminary Plat Staff Update Comments (updated information in bold italics): 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the applicant shall provide adequate title evidence satisfactory to the City Attorney; and b) the applicant shall pay all fees associated with the preliminary plat. The above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site. Comments: a) all title work will need to be submitted and reviewed by the City Attorney before City officials sign the final plat; b) the applicant has submitted an escrow payment with Final Plat application that is being used to cover Staff and consultant expenses related to the City’s review. 2) The grading plan shall be updated to include the protective tree fencing necessary to preserve all vegetative areas identified for protection around the 5.15-acre residential parcel to the west of the subdivision. Comments: This condition has been met with previous additions and is not directly relevant for the 6th Addition. 3) The applicant shall work with the City and Washington County to identify and reserve sufficient space for a future trail corridor along the western right-of-way line of Manning Avenue. Comments: The proposed Manning Avenue right-of-way is consistent with County requirements, as the planned roadway segment includes room for trails on one or both sides of the right-of-way. The County’s future plans for Manning Avenue include a trail along the western side of this road. This condition is not applicable to 6th Addition. 4 4) The applicant shall submit a landscape plan prepared by landscape architect for review and approval by the City. The landscape plan submittal will include a tree protection and replacement plan consistent with City ordinances. Comments: The applicant submitted updated Preliminary Landscape Plans dated December 17, 2014 with its the application for 1st Addition Final Plat. Revised landscape plans were submitted with the 2017 Preliminary Plat revisions. The approved landscape plans do not indicate plantings on this lot. Planting required adjacent to the lot in r-o-w and an outlot have been planted. 5) The final plat will incorporate all review comments from the City’s Landscape Architect, including the selection and mix of plantings within storm water basins and infiltration areas. Comments: Please see above condition. 6) The landscape plan shall include additional plantings around the Northern Natural Gas utility site. Comments: This condition is not directly applicable to the 6th Addition. 7) The proposed access to Manning Avenue will be permitted as a temporary access until such time that the Village Parkway is connected to 30th Street. The construction plans will be updated to reflect the temporary nature of this street. Comments: The applicant asked during the 1st Addition Final Plat that this provision be updated to state that the temporary access will be allowed for a minimum of five years. This five year allowance was discussed and approved in 2015. The Village Parkway is connected to 30th Street and the 5-year time limit lapsed in 2020. Staff recommends the applicant remove the temporary access and restore the area as a condition of eligibility for the required pre-construction meeting. This was a condition of 7th Addition approval and should be a condition of this approval to ensure its done before any new homes are built in the subdivision. This is a condition of the Final Plat approval. 8) The applicant shall be responsible for the construction of all improvements within the Manning Avenue (CSAH 15) right-of-way as required by Washington County and further described in the review letter received from the County dated June 24, 2014. The final construction plans for the 1st Addition were updated to incorporate the required improvements to Manning Avenue. This condition is not relevant to the 6th Addition final plat. 9) The applicant shall follow all of the rules and regulations spelled out in the Wetland Conservation Act and shall acquire the needed permits from the appropriate watershed districts for the storm water management system prior to the commencement of any grading or development activity on the site. Comments: Valley Branch Watershed District has commented that a permit was previously issued for the entire Easton Village project. 10) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. Comment: A Landscape License and Maintenance Agreement was executed for the 1st, 2nd, 3rd, 4th, and 5th Additions and 7th Addition. It is not applicable for the 6th Addition. 5 11) The applicant shall provide an updated accounting of the land to be dedicated for park purposes prior to submission of a final plat. If required, the developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City’s Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. Comments: The park dedication requirements for the entire Easton Village development is 9.84 acres of land, representing 10% of the development area. The dedication of Outlots I and J with the 3rd Addition Final Plat satisfied the park dedication requirements for the entire development. 12) Any land under which public trails are located will be accepted as park land provided the applicant constructs said trails as part of the public improvements for the subdivision. Comments: Parkland was previously satisfied. See above comment. 13) All required modifications to the plans as requested by the City Engineer in a review letter dated June 26, 2014, shall be incorporated into the plans prior to consideration of a final plat. Comments: The applicant submitted revised preliminary plans that were approved by the City dated February 22, 2019. The City will require the final plat/plans to be consistent with the approved preliminary plans and the review comments of the City Engineer from his review memo dated July 18, 2023. 14) The City and the applicant will determine the appropriate distribution of future costs associated with the Village Parkway railroad crossing improvements as part of a developer’s agreement for any portion of Easton Village. Comments: The conditions of approval of the Final Plat require the applicant to make a cash payment of $965.00 which represents its portion of the costs to secure, build, and install the public railroad crossing with respect to the 6th Addition. This is consistent with previous approvals. 15) The applicant shall address any comments from Metropolitan Airport Commission as part of a final plat submission for any portion of Easton Village. MAC will be asked to comment on the landscape plan, and the plan shall be revised to address any specific comments concerning the appropriate vegetation to be planted within storm water facilities. Comments: MAC has provided a review of the updated plans and provided comments to the applicant in a letter dated December 8, 2015. This letter contains recommended mitigation strategies to reduce the attractiveness of the storm water retention and infiltration areas for waterfowl. Other recommendations from MAC have been incorporated into the applicant’s landscape plans. MAC’s comments about noise mitigation and notification about the airport are still relevant to the 6th Addition Final Plat. 16) The landscape plan shall be revised to eliminate all trees planted within the Lake Elmo Airport Regulatory Protection Zone. Comments. The preliminary plans have been updated accordingly. 17) The final plat shall include a paved trail connection between Lots 13 and 14 of Block 3. Comments: This condition is not relevant to the 6th Addition Final Plat. This trail condition was removed with 2nd Addition approval. 6 18) The applicant shall submit written acknowledgement from the property owner of the parcel immediately to the south of Easton Village concerning the storm water being outlet running into their property. Comments: Since the approval of the preliminary plat, the applicant has met with the watershed district, the County, and Gonyea/Pulte Homes to discuss the proposed storm water management system along Manning Avenue. This condition is not relevant to the 6th Addition Final Plat. 19) The applicant is encouraged to incorporate elements from the Lake Elmo Theming Study into the open space areas within the subdivision. Comments: This was a staff recommendation at the time of Preliminary Plat to encourage the applicant to utilize a white “horse fence” with landscaping in order to address the comments from MAC to provide a barrier around the storm water ponds. This fence was not erected, but instead additional landscaping was installed to provide screening. This condition is not relevant to the 6th Addition Final Plat. 20) The applicant shall obtain all required permits from Northern Natural Gas to perform construction work over the gas line that runs from north to south across this site. Comments. Northern Natural Gas provided review comments to the applicant for final construction plans (in other phases) and the applicant will need to abide by any conditions imposed by Northern Natural Gas. These conditions are not relevant to the 6th Addition. 21) The applicant shall be required to extend sewer to the northernmost boundary of the site. Comments. The Easton Village Trunk Sewer Line project has been completed. Sanitary sewer service has been extended to the northern boundary of the plat, connecting to the sewer line installed by the City of Lake Elmo under the railroad tracks that continues further north and connects to the 39th Street line installed by the City. This condition is not required for the 6th Addition. Based on the above Staff report and analysis, staff is recommending approval of the Easton Village 6th Addition Final Plat with several conditions intended to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the final plat. Draft Findings Staff is recommending approval of the requested Easton Village 6th Addition Final Plat based on the following findings: 1) That all the requirements of City Code Section 103.00.090 related to the Final Plat have been met by the Applicant. 2) That the proposed Final Plat consists of the creation of 1 lot for a detached single-family home. 3) That the Final Plat is generally consistent with the Preliminary Plat as approved by the City of Lake Elmo on July 15, 2014. 4) That the Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 7 5) That the Final Plat complies with the City’s Low Density Residential zoning district regulations. 6) That the Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, stormwater, sediment and erosion control and other ordinances with the exception of the issues identified in the City staff report. 7) That the Final Plat complies with the City’s subdivision ordinance. 8) That the Final Plat is generally consistent with the City’s engineering standards, with the exception of necessary plan revisions outlined by the City Engineer in his review comments to the City dated July 18, 2023. Recommended Conditions of Approval. City Staff recommends approval of the requested Easton Village 6th Addition Final Plat with the following conditions: 1) The 180 day recording requirement as stated in Section 103.00.100 of the City’s subdivision regulations is applicable. Should the Final Plat not be recorded by the Applicant within 180 days of City Council approval, the Final Plat and the Preliminary Plat shall expire. 2) The final construction plans must be revised to the satisfaction of the City Engineer to include the removal and restoration of the temporary Manning Avenue access at the corner of 32nd Street and Linden Avenue. The Development Agreement security shall include the full costs for this work to be completed as part of the subdivision improvements. Said closure and removal of the temporary access must be completed by the Applicant before the City will hold a pre-construction meeting for the development of the subdivision. 3) Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape plans, and street and utility construction plans shall be reviewed and approved by the City Engineer and applicable City staff before the release of the Final Plat by the City for recording. The City Council’s approval of the Final Plat is contingent upon the Applicant making all changes and modifications to the plans requested by the City Engineer in the Easton Village 6th Addition Construction Plan Review Memorandum dated July 18, 2023. Said changes and modifications to the plans must made to the satisfaction of the City Engineer. 4) When constructed, building address numbers shall be plainly visible from the street fronting the property and shall be contrasting color from the background to the satisfaction of the Fire Chief. 5) Before the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the subdivision with financial guarantees therefor. 6) The Applicant shall provide a disclosure statement to all initial home buyers in the development advising of the location of the Lake Elmo Airport and associated over- flights. 8 7) All builders shall be encouraged by the Applicant to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 8) The Applicant must notify all home builders about the City’s outdoor watering restrictions and that all home builders must notify all home buyers that the City has imposed limits on outdoor water use including a limit of 2 days per week of watering. Said decision about whether this notice is no longer required shall be made at the sole discretion of the City. The Applicant shall have the City approve the notification message before the release of the Final Plat by the City. 9) The City will not issue any building permits until all public subdivision improvements have been accepted by the City. 10) Approval of Final Plat by the City Council is conditioned upon the execution of an agreement to extend the Preliminary Plat which has since expired. 11) The Applicant must provide adequate title evidence satisfactory to the City Attorney prior to the Final Plat being signed by City officials. 12) The Applicant must pay for a portion of the costs to secure, build, and install a public railroad crossing. The amount of the cash payment for the Final Plat is $965.00. Said payment must be made to the City prior to the Final Plat being released for recording. 13) The applicant shall pay required AUAR fee prior to release of building permits. 14) The temporary construction easement agreement granted in 2020 to accommodate the Village Parkway UPRR crossing project that is now expired shall be renewed and extended for a five-year period from date of approval of this final plat. RECOMMENDATION: Staff recommends approval of the Easton Village 6th Addition Final Plat with the conditions of approval as listed in the staff report. Suggested motions: “Move to approve Agreement to Extend Preliminary Plat Status.” “Move to approve Resolution 2023 – 079 for the Easton Village 6th Addition Final Plat with the recommended findings and conditions of approval.” ATTACHMENTS: 1. Resolution 2023 -079 approving the Final Plat 2. Agreement to Extend Preliminary Plat Status 3. Applicant Narrative 4. Location Maps 5. Easton Village 6th Final Plat and Plans 6. City Engineer Review Memo dated July 18, 2023 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2023 -079 A RESOLUTION APPROVING THE FINAL PLAT FOR EASTON VILLAGE 6TH ADDITION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Chase Development, Inc., 2140 West County Road 42, Burnsville, MN (the “Applicant”) has submitted an application to the City of Lake Elmo (“City”) for a final plat for Easton Village 6th Addition, a copy of which is on file in the City of Lake Elmo Planning Department (the “Final Plat”); and WHEREAS, the Easton Village Sketch Plan was reviewed by the City Planning Commission on January 7, 2014 and approved by the City Council on February 5, 2014; and WHEREAS, the City Council approved the Easton Village Preliminary Plat on July 15, 2014, subject to 21 conditions (the “Preliminary Plat”); and WHEREAS, the Preliminary Plat has expired for those lots that have yet to be platted into lots and blocks; and WHEREAS, the City Council has reviewed a request to extend the Preliminary Plat so that the Easton Village 6th Addition may be final platted; and WHEREAS, the proposed Easton Village 6th Addition includes one single family residential lot within the Easton Village 217-unit residential development; and WHEREAS, the City Council reviewed the memorandum prepared by City staff for the Final Plat at its meeting held on August 15, 2023 and makes the following findings: 1) That all the requirements of City Code Section 103.00.090 related to the Final Plat have been met by the Applicant. 2) That the proposed Final Plat consists of the creation of 1 lot for a detached single-family home. 3) That the Final Plat is generally consistent with the Preliminary Plat as approved by the City of Lake Elmo on July 15, 2014. 4) That the Final Plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 5) That the Final Plat complies with the City’s Low Density Residential zoning district regulations. 6) That the Final Plat complies with all other applicable zoning requirements, including the City’s landscaping, stormwater, sediment and erosion control and other ordinances with the exception of the issues identified in the City staff report. 7) That the Final Plat complies with the City’s subdivision ordinance. 8) That the Final Plat is generally consistent with the City’s engineering standards, with the exception of necessary plan revisions outlined by the City Engineer in his review comments to the City dated July 18, 2023. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve the Final Plat subject to the following conditions: 1) The 180 day recording requirement as stated in Section 103.00.100 of the City’s subdivision regulations is applicable. Should the Final Plat not be recorded by the Applicant within 180 days of City Council approval, the Final Plat and the Preliminary Plat shall expire. 2) The final construction plans must be revised to the satisfaction of the City Engineer to include the removal and restoration of the temporary Manning Avenue access at the corner of 32nd Street and Linden Avenue. The Development Agreement security shall include the full costs for this work to be completed as part of the subdivision improvements. Said closure and removal of the temporary access must be completed by the Applicant before the City will hold a pre-construction meeting for the development of the subdivision. 3) Final grading, drainage, and erosion control plans, sanitary and storm water management plans, landscape plans, and street and utility construction plans shall be reviewed and approved by the City Engineer and applicable City staff before the release of the Final Plat by the City for recording. The City Council’s approval of the Final Plat is contingent upon the Applicant making all changes and modifications to the plans requested by the City Engineer in the Easton Village 6th Addition Construction Plan Review Memorandum dated July 18, 2023. Said changes and modifications to the plans must made to the satisfaction of the City Engineer. 4) When constructed, building address numbers shall be plainly visible from the street fronting the property and shall be contrasting color from the background to the satisfaction of the Fire Chief. 5) Before the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements for the subdivision with financial guarantees therefor. 6) The Applicant shall provide a disclosure statement to all initial home buyers in the development advising of the location of the Lake Elmo Airport and associated over- flights. 7) All builders shall be encouraged by the Applicant to incorporate interior noise reduction measures into single family residential structures within the subdivision based on the Metropolitan Council’s Builder Guide. 8) The Applicant must notify all home builders about the City’s outdoor watering restrictions and that all home builders must notify all home buyers that the City has imposed limits on outdoor water use including a limit of 2 days per week of watering. Said decision about whether this notice is no longer required shall be made at the sole discretion of the City. The Applicant shall have the City approve the notification message before the release of the Final Plat by the City. 9) The City will not issue any building permits until all public subdivision improvements have been accepted by the City. 10) Approval of Final Plat by the City Council is conditioned upon the execution of an agreement to extend the Preliminary Plat which has since expired. 11) The Applicant must provide adequate title evidence satisfactory to the City Attorney prior to the Final Plat being signed by City officials. 12) The Applicant must pay for a portion of the costs to secure, build, and install a public railroad crossing. The amount of the cash payment for the Final Plat is $965.00. Said payment must be made to the City prior to the Final Plat being released for recording. 13) The applicant shall pay required AUAR fee prior to release of building permits. 14) The temporary construction easement agreement granted in 2020 to accommodate the Village Parkway UPRR crossing project that is now expired shall be renewed and extended for a five year period from date of approval of this final plat. Passed and duly adopted this 15th day of August 2023 by the City Council of the City of Lake Elmo, Minnesota. Charles Cadenhead, Mayor ATTEST: Julie Johnson, City Clerk LA515-130-892921.v1 AGREEMENT TO EXTEND PRELIMINARY PLAT STATUS This Agreement to Extend Preliminary Plat Status (this “Agreement”) is made and entered into this _____ day of ___________, 2023, by and between the City of Lake Elmo, a municipal corporation under the laws of Minnesota (the “City”) and Chase Development, Inc., a Minnesota corporation (the “Developer”). RECITALS: A. The Developer is the owner of the Property legally described on the attached Exhibit A (the “Property”); B. The Property was originally part of the preliminary plat of Easton Village which was approved by the City in 2014; C. The Property was platted as an outlot with Easton Village 4th Addition; D. The City requires outlots to be replatted before they can be developed and built upon; E. The Developer has requested that the City extend the preliminary plat status for Easton Village with respect to the Property in order to allow the Property to be final platted and developed; F. Any application for final plat must be found consistent with the preliminary plat; G. The City is willing to extend the preliminary plat status for Easton Village with respect to the Property; and NOW, THEREFORE, in consideration of the above recitals, which are expressly incorporated herein, and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the City and the Developer agree as follows: LA515-130-892921.v1 1. The preliminary plat of Easton Village shall remain in effect with respect to the Property. The final plat of the Property shall be recorded with Washington County by the Developer within 180 days after approval of the final plat by the City Council, unless the deadline to record the final plat is otherwise extended by the City Council. Should the final plat not be recorded within this timeframe, the final plat and the preliminary plat of Easton Village shall expire with respect to the Property. LA515-130-892921.v1 IN WITNESS THEREOF, the City and the Developer have executed this Agreement to Extend Preliminary Plat Status as of the date first written above. CITY OF LAKE ELMO By:_________________________________ Charles Cadenhead, Mayor By:_________________________________ Julie Johnson, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2023, by Charles Cadenhead and Julie Johnson, the Mayor and the City Clerk, respectively of the City of Lake Elmo, a Minnesota municipal corporation, on behalf of the City. __________________________________ Notary Public LA515-130-892921.v1 Chase Development, Inc. By:________________________________ Its: _______________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this _____ day of _________, 2023, by ___________________, the _______________ of Chase Development, Inc., a Minnesota corporation on behalf of the corporation. ___________________________________ Notary Public LA515-130-892921.v1 EXHIBIT 1 Legal Description of the Property Outlot A, Easton Village 4th Addition, according to the recorded plat thereof, County of Washington, State of Minnesota. 36THSTNLAVERNEAVE NLionsPark PRIVATEDRUPPER33RDSTN 32NDSTN 32NDSTN 33RDSTN 34THSTN 35THSTN ReidPark LISBONAVENLEGIONAVEN30THSTN 30THSTN 30THSTREET CIRN31STSTN 32NDSTNLINDENAVENVILLAGEPKWYN MANNINGAVEN15 30THSTN MANNINGAVENVILLAGEPKWYNUPPER31ST S TN15 15 Easton 6th Addition Parcels Municipals DNR Protected Waters ID 8/4/2023, 9:17:23 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 BEARINGS ARE BASED ON THE NORTHERLY LINE OFOUTLOT A, EASTON VILLAGE 4TH ADDITION WHICH ISASSUMED TO HAVE A BEARING OF N 63°14'31" EVICINITY MAPDENOTES FOUND 1/2 INCH IRON PIPE MONUMENTWITH CAP MARKED R.L.S. NO. 10938DENOTES FOUND WASHINGTON COUNTY CAST IRONMONUMENTDRAINAGE AND UTILITY EASEMENTS BEING5 FEET IN WIDTH, UNLESS OTHERWISEINDICATED, ADJOINING LOT LINES, ANDBEING 10 FEET IN WIDTH, UNLESSOTHERWISE INDICATED, ADJOINING RIGHTOF WAY LINES, AS SHOWN ON THIS PLAT.DRAINAGE AND UTILITY EASEMENTSPER PLAT OF EASTON VILLAGE 4THADDITION ARE SHOWN THUS:KNOW ALL PERSONS BY THESE PRESENTS: Chase Development, Inc., a Minnesota corporation, owner of thefollowing described property:Outlot A, EASTON VILLAGE 4TH ADDITION, according to the recorded plat thereof, Washington County,Minnesota.Has caused the same to be surveyed and platted as EASTON VILLAGE 6TH ADDITION.In witness whereof said Chase Development, Inc., a Minnesota corporation, has caused these presents to be signedby its proper officer on this day of , 20 .Chase Development, Inc.By: Andrew Chase, PresidentSTATE OF COUNTY OF This instrument was acknowledged before me on this day of , 20 ,by Andrew Chase, President of Chase Development, Inc., a Minnesota corporation, on behalf of the corporation. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; that I am aduly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundarysurvey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted onthis plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined inMinnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; andall public ways are shown and labeled on this plat.Dated on this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of , 20 ,by Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481. County, Printed NameMy commission expires January 31,PLANNING COMMISSION, CITY OF LAKE ELMO, MINNESOTAApproved by the Planning Commission of the City of Lake Elmo, Minnesota on this dayof , 20 .Signed: Attest: Chair, Planning Commission Secretary, Planning CommissionCITY COUNCIL, CITY OF LAKE ELMO, MINNESOTAThis plat was approved by the City Council of the City of Lake Elmo, Minnesota on this dayof , 20 , and hereby certifies compliance with all requirements as set forth in MinnesotaStatutes, Section 505.03, Subdivision 2.Signed: Attest: MayorClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971 and in accordance with Minnesota Statutes, Section 505.021,Subd. 11, this plat has been reviewed and approved on this day of , 20 .By: By: Washington County SurveyorWASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9 and Section 272.12, taxes payable in the year20 , on real estate hereinbefore described, have been paid; and there are no delinquent taxes, and transferhas been entered on this day of , 20 .By: By: Washington County Auditor/TreasurerDeputyWASHINGTON COUNTY RECORDERDocument Number I hereby certify that this instrument was recorded in the Office of the County Recorder for record onthis day of , 20 , at o'clock . M. and was duly recorded inWashington County Records.By: By: Washington County RecorderDeputy EXIST ING CONC . S IDEWALK EXISTING BIT. TR A I L GARAG E WAT. SVC.WA L KOU T B A S EMEN T VILLAGE PARKWAY BIT. DRI V E 11799 3 6 " D COMM. P E D. CABLE PED. CURB BOX SAN. SVC. C.O. C.O.34TH ST. N.HWL 916.5 HWL 916.9 N EASTON VILLAGE 6TH ADDITON 2 1 3 906 ADDRESS: 11781 34TH STREET NORTH SHEET 1 OF 2 1 3 2 EXISTING CONDITIONS I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS REVIEWED BY ME AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 18495 07/07/2023 LOT 1 BLO C K 1 EXIST ING CONC . S IDEWALK EXISTING BIT. TR A I LTOBGTBBFE927.9926.9918.9GGARAG E WAT. SVC.918920WA L KOU T B A S EMEN T VILLAGE PARKWAY BIT. DRI V E 11799 3 6 " D COMM. P E D. CABLE PED. CURB BOX SAN. SVC. C.O. C.O.916916924924926W/O918.992234TH ST. N.LFE916.9 916.5 HWL 916.5 HWL 916.9916.5916.7 918DRIVEWAY 6.9% 913.8 916.2 919.7 919.6 917.5917.9 917.7 EOF 917.5 917.3 917.3 N EASTON VILLAGE 6TH ADDITON 916 2 1 3 4 5 906 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION OR REPORT WAS REVIEWED BY ME AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 18495 07/07/2023 6 7 924.15 1 2 3 4 5 6 7 ADDRESS: 11781 34TH STREET NORTH SHEET 2 OF 2 PROPOSED PLAN 8 8 9 9 7 7     PAGE 1 of 1  MEMORANDUM         Date:  July 18, 2023       To:  Sophia Jensen, City Planner  Re:  Easton Village 6th Addition  Cc:  Jenni Faulkner, Planning Consultant    Final Plat/Plan Review    Marty Powers, Public Works Director        Dustin Kalis, Fire Chief        Chad Isakson, PE, Assistant City Engineer      From:  Jack Griffin, PE, City Engineer          An engineering review has been completed for the Easton Village 6th Addition Final Plat/Plans received on July 7,  2023. The submittal consisted of the following documentation:   Easton Village 6th Addition Final Plat dated July 7, 2023.   Easton Village 6th Addition, Lot 1, Block 1, Existing Conditions dated July 7, 2023.   Easton Village 6th Addition, Lot 1, Block 1, Proposed Plan dated July 7, 2023.      STATUS/FINDINGS: Please see the following review comments relating to the Final PUD/Plat application.      EASTON VILLAGE 6 ADDITION FINAL PLAT/PLANS  1. Drainage and utility easements are shown to be dedicated on the Final Plat as required.   2. All easement areas must remain free from all encroachments other than those approved by the City  Engineer  and  upon  execution  of  an  easement  encroachment  agreement.  Prohibited  encroachments  include, but are not limited to trees, fences, retaining walls, graded slopes, and building structures.  3. Final Plat approval must be contingent upon the project reconstructing portions of the adjacent trail to  ensure positive drainage away from the trail, and to ensure there is no post construction erosion along  the  trail  or  within  city  owned  Outlot  B.  The  proposed  plans  dated  July  7,  2023,  include  the  trail  reconstruction as required.  4. Final Plat approval must be contingent upon as‐built verification of the reconstructed trail to ensure the  917.5 EOF has been established.  5. Final Plat approval must be contingent upon the rear yard drainage swale being constructed in strict  accordance  with  the  approved  plans  with  as‐built  shots  located on  the  rear  lot  easement  line  to  demonstrate that the 100‐year HWL of 916.5 is fully within the drainage easement.       FOCUS ENGINEERING, inc.  Cara Geheren, P.E.   651.300.4261  Jack Griffin, P.E.                651.300.4264  Ryan Stempski, P.E.  651.300.4267  Chad Isakson, P.E.  651.300.4285