HomeMy WebLinkAbout05(F) - Resolution Approving a Combined Preliminary and Final Plat and Development Agreement for Haus Addition Report
ITEM: 5F
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 14, 2026
PREPARED BY: Jake Skluzacek, Planner
PRESENTED BY: Casey McCabe, Community Development Director
AGENDA ITEM: Resolution Approving a Combined Preliminary and Final Plat and
Development Agreement for Haus Addition
RECOMMENDED ACTION:
Motion and second, as part of the Consent Agenda, approving a resolution approving a Combined
Preliminary and Final Plat and Development Agreement for a development to be known as Haus
Addition.
BACKGROUND:
Highmark Builders on behalf of property owner, Jason Haus, have applied for approval of a
Combined Preliminary and Final Plat to be known as Haus Addition. The applicant is proposing
to combine two existing parcels, 14163 Shady Beach Trail NE (0.79 acres) and 14145 Shady
Beach Trail NE (0.43 acres), into one approximately 1.25-acre lot. In addition, the applicant is
proposing additional land swaps with the adjacent properties to the north to more appropriately
locate adjacent driveways within property lines. The subject property is located on Lower Prior
Lake east of Shady Beach Trail NE.
The property, which totals approximately 47,733 sq. ft., is currently occupied by two existing
single-family homes that front on Shady Beach Trail NE and two accessory structures. The
applicant is proposing to create one parcel on Shady Beach Trail NE (Lot 1), and dedicate the
necessary drainage and utility easements and right-of-way on Shady Beach Trail NE. If approved,
one of the existing homes will be required to be demolished prior to recording of the Final Plat as
Prior Lake City Code does not permit two single-family dwelling on the same parcel.
Subsection 9-34 of City Code allows for the combination of a preliminary and final plat in one
action due to the simplicity of the proposed subdivision provided:
The resulting subdivision contains no more than 5 lots.
The resulting subdivision will contain one lot.
The proposed subdivision is located in an area where streets and utilities are in
place and capable of serving the subdivision.
Streets and utilities are available and capable of serving the subdivision.
The proposed subdivision does not require the dedication or construction of future
streets and will not interfere with the development of adjacent properties.
The proposed subdivision will dedicate the necessary right-of-way on Shady Beach Trail
NE, does not require construction of streets and will not interfere with development of
adjacent property.
The resulting lots shall conform with all provisions of the Zoning Code unless a
variance has been granted.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5F
Page | 2
The resulting lot will conform with all provisions of the Zoning Code and variances will not
be necessary.
The following paragraphs outline the physical characteristics of the existing site, the
comprehensive plan and zoning designations, and a description of some of the specifics of the
site.
PHYSICAL SITE CHARACTERISTICS:
Total Site Area: The total site area is approximately 1.25 acres which is proposed to serve as the
location for Lot 1, Haus Addition with the dedication of necessary public right-of-way and standard
drainage and utility easements.
Wetlands: There are no wetlands on the site.
Impervious Surface Coverage: The property is located within the Shoreland District, which allows
for a maximum of 30% impervious surface coverage. The maximum impervious coverage for Lot
1 will be 14,320 sq. ft. Following the proposed combination, the larger of the two remaining
dwellings occupying Lot 1 will have approximately 8,648 sq. ft. of impervious coverage, or roughly
18.12%.
Access: Access to Lot 1 is available from Shady Beach Trail NE to the west.
2040 Comprehensive Plan Designation: This property is designated for low density residential on
the 2040 Comprehensive Plan Land Use Map.
Zoning: The subject property is currently zoned R-1, low density residential. The subject property
conforms with the Comprehensive Land Use Plan Map guidance.
Parks / Trails: No park or trails are proposed.
Fees and Assessments: This development will be subject to the standard development
agreement. Related trunk utility service charges have been satisfied with a previous subdivision.
Sanitary Sewer / Water Mains: Utilities are available and appropriately sized to serve this area.
Standard drainage and utility easements will be required around the perimeter of the new parcel.
Grading / Storm water: No changes to grading or stormwater are proposed as part of this action.
Stormwater requirements and grading plans will be reviewed by City staff as part of a future
building permit review process.
Along with this request, the applicant is proposing to complete an administrative subdivision and
combination to split approximately 566 sq. ft. from the 14145 Shady Beach Trail NE parcel (PID
251140024) and combine that property with the adjacent 14143 Shady Beach Trail NE parcel
(PID 251140025) so the driveway serving the 14143 Shady Beach Trail parcel is located entirely
upon the 14143 Shady Beach Trail property.
The applicant is also proposing to complete an administrative subdivision and combination to split
approximately 566 sq. ft. from the private driveway parcel (PID 259300510) and combine that
property with Lot 1, Haus Addition. These administrative subdivisions and combinations require
Item 5F
Page | 3
consent from the adjacent property owners and shall be completed prior to or concurrently with
the recording of the final plat.
City staff recommend approval of the request for Combined Preliminary and Final Plat subject to
the following conditions:
1. Applicant shall dedicate standard drainage and utility easements for Lot 1.
2. Applicant shall submit an Administrative Subdivision application to split the indicated 566
sq. ft. from 14145 Shady Beach Trail NE (PID 251140024) and combine that property with
14143 Shady Beach Trail NE (PID 251140025) via deed prior to or concurrent with the
recording of the Final Plat.
3. Applicant shall submit an Administrative Subdivision application to split the indicated 566
sq. ft. from PID 259300510 and combine that property with Lot 1, Haus Addition via deed
prior to or concurrent with the recording of the Final Plat.
4. Applicant shall relocate the private sanitary sewer and water services serving the 14143
Shady Beach Trail NE parcel over/under Lot 1, Haus Addition or dedicate a private
easement for sanitary sewer and water services in favor of 14143 Shady Beach Trail NE
prior to or concurrent with the recording of the Final Plat.
5. One of the two existing single-family homes within Lot 1, Haus Addition shall be removed
prior to recording of the final plat. The unused sewer and water services shall be removed
and capped at the main.
6. Any future proposed dwelling will need to meet all minimum setback and impervious
requirements of Prior Lake City Code.
A public hearing for this item took place on Monday, July 6, 2026 before the Planning Commission.
The Commission recommended the City Council approve the combined preliminary and final plat
on a vote of 4-0.
FINANCIAL IMPACT:
No financial impact is anticipated as a result of this action.
ALTERNATIVES:
1. Motion and a second, as part of the consent agenda, to approve the Combined Preliminary
and Final Plat and Development Agreement for Haus Addition subject to the conditions
listed in this report.
2. Remove this item from the consent agenda for additional discussion.
ATTACHMENTS:
1. Location Map - Haus Addition
2. Preliminary Plat - Haus Addition
3. Final Plat - Haus Addition
4. Land Exchange Exhibit
5. Private Utility Services Exhibit
6. Development Agreement
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 26-___
A RESOLUTION APPROVING A COMBINED PRELIMINARY AND FINAL PLAT AND
DEVELOPMENT AGREEMENT FOR HAUS ADDITION
Motion Second
By: By:
WHEREAS, in accordance with Minnesota Statute, the Planning Commission held a
public hearing regarding a Combined Preliminary and Final Plat known
as Haus Addition on July 6, 2026; and
WHEREAS, the City Council had considered the advice and recommendation of the
Planning Commission, city staff reports and others pertaining to the
Zoning Ordinance amendments; and
WHEREAS, on July 14, 2026, the Prior Lake City Council considered and approved
the combined preliminary and final plat and development agreement for
a development known as Haus Addition.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA:
THE REQUEST FOR COMBINED PRELIMINARY AND FINAL PLAT FOR HAUS
ADDITION IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Applicant shall dedicate standard drainage and utility easements for Lot 1.
2. Applicant shall submit an Administrative Subdivision application to split the
indicated 566 sq. ft. from 14145 Shady Beach Trail NE (PID 251140024) and
combine that property with 14143 Shady Beach Trail NE (PID 251140025) via
deed prior to or concurrent with the recording of the Final Plat.
3. Applicant shall submit an Administrative Subdivision application to split the
indicated 566 sq. ft. form PID 259300510 and combine that property with Lot 1,
Haus Addition via deed prior to or concurrent with the recording of the Final Plat.
4. Applicant shall relocate the private sanitary sewer and water services serving the
14143 Shady Beach Trail NE parcel over/under Lot 1, Haus Addition or dedicate
a private easement for sanitary sewer and water services in favor of 14143 Shady
Beach Trail NE prior to or concurrent with the recording of the Final Plat.
5. One of the two existing single-family homes within Lot 1, Haus Addition shall be
removed prior to recording of the Final Plat. The unused sewer and water services
shall be removed and capped at the main.
6. Any future proposed dwelling will need to meet all minimum setback and
impervious requirements of Prior Lake City Code.
Passed and adopted by the Prior Lake City Council this 14th day of July 2026.
VOTE Briggs Braid Churchill Lake Hellier
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
C:\\Users\\hsimon\\AppData\\Local\\Temp\\Resolution Approving Haus Addition_678321\\Resolution Approving Haus Addition.docx
2
BEING 5 FEET IN WIDTH AND
ADJOINING SIDE LOT LINES, AND
BEING 10 FEET IN WIDTH AND
ADJOINING PUBLIC WAYS, UNLESS
OTHERWISE INDICATED ON THIS PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
BEARINGS ARE BASED ON THE WEST LINE OF THE NE
1/4 OF THE SE 1/4 OF SEC. 20, T. 114, R. 20 WHICH IS
ASSUMED TO HAVE A BEARING OF S 00°11'15" W
VICINITY MAP
DENOTES FOUND OPEN 1/2 INCH IRON MONUMENT UNLESS
OTHERWISE NOTED
DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENT WITH
CAP MARKED L.S. NO. 47481 TO BE SET IN ACCORDANCE WITH
MN STATE SATUTE 505.021, SUBD. 10.
DENOTES FOUND SCOTT COUNTY CAST IRON MONUMENT
DENOTES FOUND SCOTT COUTNY NAIL AND DISC
BENCHMARK: TOP NUT HYDRANT NORTH SIDE OF
ROAD AT BEND IN SHADY BEACH TRAIL.
ELEVATION = 913.62 (NAVD 88)
The East 100 feet of that part of Government Lot 1, lylng South of a line drawn through a point on
the East line of said Government Lot 1, 777.9 feet South of the Northeast corner thereof, and
extending South 45 degrees 0 minutes West, Section 30, Township 115, Range 21, Scott County,
Minnesota.
AND
That part of Government Lot 1, Section 30, Township 115, Range 21, Scott County, Minnesota,
described as follows:
Beginning at a point on the East line of said Government Lot 1, 777.9 feet South of the Northeast
corner of said Lot; thence South 45 degrees 0 minutes West to a point on the West line of the
East 100 feet of said Lot, said point being the actual point of beginning of the tract herein
described; thence continuing South 45 degrees 0 minutes West to a point 25 feet west of the
east line of the east 100 feet of said Lot; thence southeasterly to a point on the west line of the
east 100 feet of said Lot which point is 1085 feet south of the north line of said Lot; thence north
along the west line of the east 100 feet of said Lot to the point of beginning.
AND
That part of Lot 1, Section 30, Township 115, Range 21 West, Scott County, Minnesota, described
as follows:
Beginning at a point on the east line of said Government lot which lies 777.9 feet south of the
northeast corner of said Government lot; thence southwesterly on a line South 45 degrees 0
minutes West, 176.78 feet more or less to a point which is 125 feet west of the east line of said
Government lot; thence northwesterly from said point of departure on an extension and
continuation of a line drawn through a point on the west line of the east 100 feet of said
Government lot which point is distant 1085.0 feet south of the north line of said Government lot,
through said point of departure, continuing 57.84 feet more or less to its intersection with a line
extending south 63 degrees 0 minutes West from the point of beginning on the east line of said
Government lot distant 777.9 feet south of the northeast corner thereof, thence northeasterly
along said intersected line 149.12 feet more or less to the point of beginning.
(Abstract property)
AND
That part of Government Lot 2, Section 30, Township 115, Range 21, Scott County, Minnesota
lying west of the plat of Conroy's Bay: lying north of westerly extension of the south line of the
North half of Lot 19, said plat and lying south of the following described line:
Commencing at the southwest corner of Lot 18, said plat; thence on an assumed bearing of
North 00 degrees 41 minutes 38 seconds East, along the west line of said Lot 18, a distance
of 34.72 feet to the point of beginning of the line to be described; thence North 87 degrees
38 minutes 52 seconds West a distance of 9.09 feet; thence North 21 degrees 05 minutes 11
seconds West a distance of 15.93 feet to the west line of said Government Lot 2 and said
described line there terminating
(Abstract property)
AND
Lot 20, CONROY'S BAY, Scott County, Minnesota and that part of Lots 18, 19, 21, and the
Waterfront in said plat, together with that part of Government Lot 2, Section 30, Township 115,
Range 21, Scott County, Minnesota, described as follows:
Beginning at the intersection of the westerly extension of the north line of said Lot 19, with the
west line of said Government Lot 2; thence easterly along said westerly extension a distance of 15
feet more or less to the northwest corner of said Lot 19, the same being the southwest corner of
said Lot 18; thence North along the west line of said Lot 18, a distance of 40 feet more or less to
the southwest corner of the north 10.00 feet of said Lot 18; thence South 89 degrees 08 minutes
21 seconds East, assumed bearing, along the south line of said north 10.00 feet a distance of 40.57
feet, thence South 49 degrees 07 minutes 44 seconds East a distance of 15.32 feet, thence South
09 degrees 07 minutes 06 seconds East a distance of 30.61 feet more or less to a point on the
north line of said Lot 19, distant 72.00 feet westerly of the northeast corner of said Lot 19 (said
point also being 57.01 feet easterly of the southwest corner of said Lot 18); thence continuing
South 09 degrees 07 minutes 06 seconds East, along a line hereinafter referred to as "Line A", a
distance of 160.43 feet more or less to a point on the southerly line of said Lot 21, said point
distant 83.12 feet easterly of the southwest corner of said Lot 20 (as measured along the
southerly line of said Lots 20 and 21); thence continuing South 09 degrees 07 minutes 06 seconds
East to the shoreline of Prior Lake; thence westerly along said shoreline to its intersection with
the west line of said Government Lot 2, thence North along said west line to the point of
beginning.
EXCEPT that part lying northwest of the following described line:
Commencing at the southwest corner of Lot 18, said plat; thence on an assumed bearing of
North 00 degrees 41 minutes 38 seconds East, along the west line of said Lot 18, a distance
of 34.72 feet to the point of beginning of the line to be described; thence South 87 degrees
38 minutes 52 seconds East a distance of 33.85 feet; thence South 47 degrees 09 minutes
05 seconds East a distance of 20.13 feet; thence South 12 degrees 12 minutes 48 seconds
East a distance of 72.81 feet to said "Line A", and said line there terminating.
(Torrens property)
PROPERTY DESCRIPTION
PROJECT NO.
22639-30
CAD FILE
5/8/2026
DATE
REVISIONS
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ZONING INFORMATION
R-1 (LOW DENSITY RESIDENTIAL)CURRENT ZONING:
(SHORELAND OVERLAY)
LOTS
LOTS
TOTAL
1 LOT
1.096 ACRES
1.096 ACRES
MINIMUM SETBACKS PER R-1 ZONING
FRONT
SIDE (HOUSE & GARAGE)
REAR
25 FEET
10 FEET
25 FEET
SITE DATA
GROSS AREA (ABOVE THE 904 CONTOUR)1.096 ACRES
MINIMUM LOT REQUIREMENTS PER R-1 ZONING
LOT SIZE
LOT WIDTH 12,000 S.F.
86 FEET
PROPOSED ZONING:R-1 (LOW DENSITY RESIDENTIAL)
(SHORELAND OVERLAY)
SHORELAND OVERLAY SETBACK REQUIREMENTS FOR RESIDENTIAL STRUCTURES.
ON SHORELAND PARCELS THAT HAVE TWO ADJACENT PARCELS WITH EXISTING
PRINCIPAL STRUCTURES ON BOTH SUCH ADJACENT PARCELS, ANY NEW RESIDENTIAL
STRUCTURE OR ANY ADDITIONS TO AN EXISTING STRUCTURE MAY BE SET BACK THE
AVERAGE SETBACK OF THE ADJACENT STRUCTURES FROM THE ORDINARY HIGH-WATER
LEVEL OR 50 FEET, WHICHEVER IS GREATER, PROVIDED ALL OTHER PROVISIONS OF THE
SHORELAND OVERLAY DISTRICT ARE COMPLIED WITH.
HAUS ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That Jason J. Haus and Susan M. Haus, husband and
wife, owner of the following described property:
The East 100 feet of that part of Government Lot 1, lylng South of a line drawn through a point on
the East line of said Government Lot 1, 777.9 feet South of the Northeast corner thereof, and
extending South 45 degrees 0 minutes West, Section 30, Township 115, Range 21, Scott County,
Minnesota.
AND
That part of Government Lot 1, Section 30, Township 115, Range 21, Scott County, Minnesota,
described as follows:
Beginning at a point on the East line of said Government Lot 1, 777.9 feet South of the Northeast
corner of said Lot; thence South 45 degrees 0 minutes West to a point on the West line of the
East 100 feet of said Lot, said point being the actual point of beginning of the tract herein
described; thence continuing South 45 degrees 0 minutes West to a point 25 feet west of the
east line of the east 100 feet of said Lot; thence southeasterly to a point on the west line of the
east 100 feet of said Lot which point is 1085 feet south of the north line of said Lot; thence north
along the west line of the east 100 feet of said Lot to the point of beginning.
AND
That part of Lot 1, Section 30, Township 115, Range 21 West, Scott County, Minnesota, described
as follows:
Beginning at a point on the east line of said Government lot which lies 777.9 feet south of the
northeast corner of said Government lot; thence southwesterly on a line South 45 degrees 0
minutes West, 176.78 feet more or less to a point which is 125 feet west of the east line of said
Government lot; thence northwesterly from said point of departure on an extension and
continuation of a line drawn through a point on the west line of the east 100 feet of said
Government lot which point is distant 1085.0 feet south of the north line of said Government lot,
through said point of departure, continuing 57.84 feet more or less to its intersection with a line
extending south 63 degrees 0 minutes West from the point of beginning on the east line of said
Government lot distant 777.9 feet south of the northeast corner thereof, thence northeasterly
along said intersected line 149.12 feet more or less to the point of beginning.
(Abstract property)
AND
That part of Government Lot 2, Section 30, Township 115, Range 21, Scott County, Minnesota
lying west of the plat of Conroy's Bay: lying north of westerly extension of the south line of the
North half of Lot 19, said plat and lying south of the following described line:
Commencing at the southwest corner of Lot 18, said plat; thence on an assumed bearing
of North 00 degrees 41 minutes 38 seconds East, along the west line of said Lot 18, a
distance of 34.72 feet to the point of beginning of the line to be described; thence North
87 degrees 38 minutes 52 seconds West a distance of 9.09 feet; thence North 21 degrees
05 minutes 11 seconds West a distance of 15.93 feet to the west line of said Government
Lot 2 and said described line there terminating
(Abstract property)
AND
Lot 20, CONROY'S BAY, Scott County, Minnesota and that part of Lots 18, 19, 21, and the
Waterfront in said plat, together with that part of Government Lot 2, Section 30, Township 115,
Range 21, Scott County, Minnesota, described as follows:
Beginning at the intersection of the westerly extension of the north line of said Lot 19, with the
west line of said Government Lot 2; thence easterly along said westerly extension a distance of
15 feet more or less to the northwest corner of said Lot 19, the same being the southwest corner
of said Lot 18; thence North along the west line of said Lot 18, a distance of 40 feet more or less
to the southwest corner of the north 10.00 feet of said Lot 18; thence South 89 degrees 08
minutes 21 seconds East, assumed bearing, along the south line of said north 10.00 feet a
distance of 40.57 feet, thence South 49 degrees 07 minutes 44 seconds East a distance of 15.32
feet, thence South 09 degrees 07 minutes 06 seconds East a distance of 30.61 feet more or less
to a point on the north line of said Lot 19, distant 72.00 feet westerly of the northeast corner of
said Lot 19 (said point also being 57.01 feet easterly of the southwest corner of said Lot 18);
thence continuing South 09 degrees 07 minutes 06 seconds East, along a line hereinafter
referred to as "Line A", a distance of 160.43 feet more or less to a point on the southerly line of
said Lot 21, said point distant 83.12 feet easterly of the southwest corner of said Lot 20 (as
measured along the southerly line of said Lots 20 and 21); thence continuing South 09 degrees 07
minutes 06 seconds East to the shoreline of Prior Lake; thence westerly along said shoreline to
its intersection with the west line of said Government Lot 2, thence North along said west line to
the point of beginning.
EXCEPT that part lying northwest of the following described line:
Commencing at the southwest corner of Lot 18, said plat; thence on an assumed bearing
of North 00 degrees 41 minutes 38 seconds East, along the west line of said Lot 18, a
distance of 34.72 feet to the point of beginning of the line to be described; thence South
87 degrees 38 minutes 52 seconds East a distance of 33.85 feet; thence South 47 degrees
09 minutes 05 seconds East a distance of 20.13 feet; thence South 12 degrees 12 minutes
48 seconds East a distance of 72.81 feet to said "Line A", and said line there terminating.
(Torrens property)
Has caused the same to be surveyed and platted as HAUS ADDITION and does hereby dedicate to
the public for public use the drainage and utility easements as created on this plat.
In witness whereof said Jason J. Haus and Susan M. Haus, husband and wife, has hereunto set their
hand this day of , 20 .
By: By:
Jason J. Haus Susan M. Haus
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me on day
of , 20 , by Jason J. Haus and Susan M. Haus, husband and wife.
Notary Public, County,
(Notary Signature)
My commission expires
(Notary Printed Name)
I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct
supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a
correct representation of the boundary survey; that all mathematical data and labels are correctly
designated on this plat; that all monuments depicted on this plat have been, or will be correctly set
within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section
505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways
are shown and labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me on this day
of , 20 , by Marcus F. Hampton, Licensed Land Surveyor, Minnesota
License No. 47481.
Notary Public, County, Minnesota
(Notary Signature)
My commission expires January 31,
(Notary Printed Name)
CITY COUNCIL, CITY OF PRIOR LAKE, MINNESOTA
This plat of HAUS ADDITION was approved and accepted by the City Council of the City of Prior Lake,
Minnesota at a regular meeting thereof held this day of , 20 ,
and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.
By: By:
Mayor Clerk
SCOTT COUNTY SURVEYOR
Pursuant to Minnesota Statutes, Section 389.09, Subd. 1, as amended, this plat has been reviewed and
approved this day of , 20 .
By:
Scott County Surveyor
SCOTT COUNTY AUDITOR/TREASURER
I hereby certify that the current and delinquent taxes on the lands described within are paid and the
transfer is entered this day of , 20 .
Scott County Auditor Scott County Treasurer
By: , Deputy
SCOTT COUNTY RECORDER
I hereby certify that this plat of HAUS ADDITION was recorded in the office of the County Recorder for
record on this day of , 20 , at o'clock . M. as Document
Number .
By:
Scott County Recorder
SCOTT COUNTY REGISTRAR OF TITLES
I hereby certify that this plat of HAUS ADDITION was recorded in the office of the Registrar of Titles for
record on this day of , 20 , at o'clock . M. as Document
Number .
By:
Scott County Registrar of Titles
SHEET 1 OF 2 SHEETS
HAUS ADDITION
BEING 5 FEET IN WIDTH AND
ADJOINING SIDE LOT LINES, AND
BEING 10 FEET IN WIDTH AND
ADJOINING PUBLIC WAYS, UNLESS
OTHERWISE INDICATED ON THIS PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
BEARINGS ARE BASED ON THE WEST LINE OF THE NE
1/4 OF THE SE 1/4 OF SEC. 20, T. 114, R. 20 WHICH IS
ASSUMED TO HAVE A BEARING OF S 00°11'15" W
VICINITY MAP
DENOTES FOUND OPEN 1/2 INCH IRON MONUMENT UNLESS
OTHERWISE NOTED
DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENT WITH
CAP MARKED L.S. NO. 47481 TO BE SET IN ACCORDANCE WITH
MN STATE SATUTE 505.021, SUBD. 10.
DENOTES FOUND SCOTT COUNTY CAST IRON MONUMENT
DENOTES FOUND SCOTT COUTNY NAIL AND DISC
SCALE IN FEET
0 20 40
SHEET 2 OF 2 SHEETS
BENCHMARK: TOP NUT HYDRANT NORTH SIDE OF
ROAD AT BEND IN SHADY BEACH TRAIL.
ELEVATION = 913.62 (NAVD 88)
Page 1
DEVELOPMENT AGREEMENT
Haus Addition
PROJECT #PDEV26-000017
This Development Agreement (“Agreement”) is entered into this ____ day of ________, 2026, by
and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and Highmark Builders on
behalf of property owner, Jason Haus (“Developer”).
WHEREAS, Developer is the owner of property located within the City of Prior Lake, County of
Scott, legally described on Exhibit A (“Property”) being platted as set forth in Exhibit A (“Final Plat”);
WHEREAS, Developer has applied to the City for Combined Preliminary Plat and Final Plat
approval of the Property;
NOW, THEREFORE, in consideration of the City Council adopting Resolution No. 26-_____
(“Resolution”) for Combined Preliminary Plat and Final Plat approval of the Property, Developer agrees
to construct, develop and maintain the Property as follows:
1. RIGHT TO PROCEED. The City shall not issue a building permit and Developer shall
not construct upon the Property in any manner, or begin the Development Work until all of the following
conditions have been satisfied: 1) Applicant shall dedicate standard drainage and utility easements for Lot
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1; 2) Applicant shall submit an Administrative Subdivision application to split the indicated 566 sq. ft. from
14145 Shady Beach Trail NE (PID 251140025) via deed prior to or concurrent with the recording of the Final
Plat; 3) Applicant shall submit an Administrative Subdivision application to split the indicated 566 sq. ft.
from PID 259300510 and combine that property with Lot 1, Haus Addition via deed prior to or concurrent
with the recording of the Final Plat; 4) Applicant shall relocate the private sanitary sewer and water services
serving the 14143 Shady Beach Trail NE parcel over/under Lot 1, Haus Addition or dedicate a private
easement for sanitary sewer and water services in favor of 14143 Shady Beach Trail NE prior to or concurrent
with the recording of the Final Plat; 5) One of the two existing single-family homes within Lot 1, Haus
Addition shall be removed prior to recording of the final plat. The unused sewer and water services shall be
removed and capped at the main; 6) Any future proposed dwelling will need to meet all minimum setback
and impervious requirements of Prior Lake City Code.
2. PHASED DEVELOPMENT. This Agreement represents approval only of Haus Addition
and the related improvements set forth on the Final Plat and Plans. It does not represent approval of any
additional development including any future phases. Fees and charges collected by the City in connection
with infrastructure, public improvements and parkland dedication requirements are not being imposed on
outlots, if any, in the Final Plat that are designated in an approved preliminary Plat for future subdivision into
lots and blocks. Such charges will be calculated and imposed when the outlots are subdivided into lots and
blocks. Intentionally Omitted
3. DEVELOPMENT PLANS.
A. The Property shall be developed in accordance with the final plans identified below, subject
to such changes and modifications as provided herein (“Plans”). The Plans shall not be attached to this
Agreement, but are incorporated by reference and made a part of this Agreement as if fully set forth herein.
If the Plans vary from the written terms of this Agreement, the more specific or stringent controls shall apply.
The Plans are:
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Plan A - Final Plat as stamped approved by the City Engineer or his/her designee (Prepared by
Hill Incorporated) subject to the changes and modifications set forth in the
Resolution.
B. In addition, Developer shall grade, construct upon, and improve the Property pursuant to
all requirements of this Agreement, the Resolution, the Prior Lake City Code, the City's Public Works
Design Manual (“PWDM”), and the direction of City Manager or his/her designee. All improvements and
other work required by the Plans and such other work as is required by this Agreement, the Resolution,
Ordinance, or the documents or parties identified above are hereafter referred to as the "Development
Work."
4. FINAL PLAT AND AS-BUILTS. The Developer shall submit the Final Plat in electronic
format. The electronic format shall be compatible with the City's current software.
5. MONUMENTS. Before the Security is released, Developer shall install iron monuments in
accordance with Minn. Stat. §505.021. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments have been installed.
6. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Property to perform all work and inspections deemed
appropriate by the City in conjunction with the development of the Property.
7. EROSION CONTROL.
A. Developer shall be responsible for constructing and maintaining all grading, storm
water/drainage infrastructure, and erosion control in compliance with the Plans, the City Engineer or
his/her designee’s requirements, and the individual building/grading plan for each specific lot, until a
certificate of occupancy has been issued for each specific lot.
B. Developer shall install silt fence prior to lot construction to avoid erosion to adjoining
properties, public sidewalk or the public street; locate all garbage roll offs and dumpsters, or cause the
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same to be located, on the Property and not on public property; and install protection at catch basins to
prevent silt and debris from entering the storm sewer.
C. Developer shall seed or lay cultured sod in all boulevards and restore all other areas disturbed
by the Development Work within thirty (30) days of the completion of street related improvements.
Boulevard and Area Restoration shall be in accordance with the approved erosion control plan and SWPPP.
No building permits will be issued until the Developer has installed silt -fence behind the curb of all
buildable lots. Developer shall be responsible for the maintenance of any silt fence installed. Upon request
of the City Engineer or his/her designee, the Developer shall remove the silt fences after turf establishment.
D. Prior to initiating site grading, the erosion control plan and SWPPP shall be implemented
by the Developer and inspected and approved by the City Engineer or his/her designee. The City Engineer
or his/her designee may require the Developer, at no cost to the City, to install additional erosion control
measures if they are necessary to meet erosion control objectives. All areas disturbed shall be reseeded
immediately after the completion of the work in that area. All seeded areas shall be mulched and disc
anchored as necessary for seed retention.
E. No development or utility construction on the Property will be allowed unless the Property
is in full compliance with the erosion control requirements for the Property.
8. CONSTRUCTION ACCESS. Construction traffic access is restricted to Shady Beach Trail
SE via Egan Drive. No construction traffic is permitted on other adjacent local streets.
9. IMPROVEMENTS REQUIRED BEFORE ISSUANCE OF BUILDING PERMITS.
A. A temporary or permanent certificate of occupancy shall not be issued for any building on the
Property until water and sewer services are connected to the Property.
B. Notwithstanding any other provision of this Agreement, the City will issue a building permit
upon Developer’s compliance with the following requirements: (1) approval of the building plans by the
Building Official; and (2) approval of a site survey by the City Community Development Director.
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10. DEDICATIONS, CONVEYANCES, EASEMENTS AND VACATIONS.
A. With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City ("Dedicated Property"), Developer represents
and warrants as follows now and at the time of dedication or conveyance: (i) that Developer has
marketable fee title free and clear of all mortgages, liens, and other encumbrances to the Dedicated
Property. Prior to Final Plat approval, Developer shall provide to the City a current title insurance policy
insuring such a condition of title; (ii) that Developer has not used, employed, deposited, stored, disposed
of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to
42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances"); (iii) that Developer has not allowed any
other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any
Hazardous Substances; and (iv) that to the best of its knowledge, Developer states that no previous owner,
operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on
the Property any hazardous substances.
B. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys’ fees and costs, that
the City incurs because of the breach of any of the above representations or warranties and/or resulting
from or due to the release or threatened release of Hazardous Substances which were, or are claimed or
alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or
allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
11. LEGAL FEES. Developer shall be responsible for all reasonable legal fees incurred by
the City relating to revisions and amendments to and enforcement of this Agreement. The City Engineer
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or his/her designee may invoice the Developer directly for such costs and Developer shall pay all such
invoices within ten (10) days of receipt.
12. FEES AND CHARGES. Developer shall pay the fees and charges identified below, set
forth in the City Fee Schedule related to the Combined Preliminary and Final Plat application prior to any
work occurring on the Property. Fees and charges are nonrefundable. Such fees and charges may include
but are not limited to the following:
A. Administrative Fee. Developer shall pay to the City an Administrative Fee based on
construction cost estimates to reimburse the City for costs incurred.
B. Park Dedication Fee. Prior to release of the final Plat, Developer shall pay cash park
dedication fees for the Property as required by City Code in effect as of the date of the plat approval.
C. Tree Preservation and Replacement.
D. Trunk Storm Water Acreage Charge.
E. Trunk Water Acreage Charge.
F. Trunk Sewer Acreage Charge.
G. Chip Seal Fee. Intentionally Omitted
13. MAINTENANCE OF PLATTED LOTS. Developer shall provide ongoing maintenance
of all platted lots on the Property, including but not limited to mowing and weed control, sidewalk clearing
(ice, snow, building materials, eroded materials, and other debris), storm water and erosion control, and
other maintenance issues for which the Developer receives notice from the City Manager or his/her
designee. Developer’s obligations pursuant to this paragraph shall continue until the later of: (i) such time
as the City Council has accepted the Developer Installed Public Improvements in writing; or (ii) until each
specific lot is sold.
14. CLEAN UP AND DAMAGE:
A. Developer assumes full financial responsibility for any damage which may occur to public
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property including but not limited to streets, street sub- base, base, bituminous surface, curb, utility system
including but not limited to water main, sanitary sewer or storm sewer when said damage occurs as a result
of the activity which takes place during the development of the Property. Developer further agrees to pay
all costs required to repair the streets, utility systems and other public property damaged or cluttered with
debris when occurring as a direct or indirect result of the construction that takes place on the Property.
B. Developer shall clean the streets every day or as required by the City Engineer or his/her
designee.
C. Developer agrees that any damage to public property occurring as a result of construction
activity on the Property shall be repaired immediately if deemed to be an emergency by the City Engineer
or his/her designee. Developer further agrees that any damage to public property as a result of construction
activity on the Property shall be repaired within 14 days if not deemed to be an emergency by the City
Engineer or his/her designee.
15. NON-INTERFERENCE WITH ADJOINING PROPERTIES. All work performed by
Developer and Developer’s contractors and subcontractors shall be performed exclusively upon the
Property. Any work related to roads, trails, drainage, and utility improvements, which are specified herein
to occur on land outside the Property, shall occur exclusively within the appropriate easement boundaries
for such work. In no event shall any work performed by Developer or Developer’s contractors and
subcontractors interfere with other properties, right-of-ways, or easements.
16. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property during construction thereon or failure to fulfill an
obligation imposed upon the Developer pursuant to this Agreement, City shall give five (5) business days’
notice of such violation in order to allow a cure of such violation, provided however, City need not issue
a building or occupancy permit for construction or occupancy on the Property while such a violation is
continuing, unless waived by the City Engineer or his/her designee. The existence of a violation of City
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Code or the failure to perform or fulfill an obligation required by this Agreement shall be reasonably
determined by the City Manager or his/her designee.
17. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents from and
against any and all claims, demands, lawsuits, complaints, loss, costs (including reasonable attorneys’
fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or
Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released
from its responsibilities to release, defend and indemnify because of any inspection, review or approval
by City.
18. RESPONSIBILITY FOR COSTS. Except as otherwise specified herein, Developer shall
pay all costs incurred by it or the City in conjunction with the development of the Property, including, but
not limited to, legal, planning, engineering, design, development, construction, clean up, repair, easement
and land acquisition, and inspection expenses incurred in connection with (i) review, approval, denial, and
implementation of zoning, CUP, platting, site and building plan, and any other reviews, approvals, or
denials by the City and any other reviewing authority; (ii) the Developer Installed Public Improvements;
(iii) the Property; (iv) the preparation and review of the Agreement and other documents referred to in the
Agreement or related to the Development Work; and (v) enforcing the terms of this Agreement. Developer
shall pay in full all bills submitted to it by the City, in accordance with this Agreement, within 30 days
after receipt.
19. DEVELOPER'S DEFAULT.
A. Definition. In the context of this Agreement, “Event of Default” shall include, but not be
limited to, any one or more of the following events: (1) failure by the Developer to pay in a timely manner,
all fees, charges, taxes, claims and liabilities, including but not limited to all real estate property taxes, utility
charges, and assessments with respect to the Property; (2) failure by the Developer to construct the Developer
Page 9
installed improvements on the Property pursuant to the terms, conditions and limitations of this Agreement;
(3) failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its
part to be observed or performed under this Agreement; (4) transfer of any interest in the Property without
prior written approval by the City Council (for the purpose of this paragraph, the sale of a lot or “unit”, except
an outlot, to a builder is not an event of default); (5) failure to correct any warranty deficiencies; (6) failure
by the Developer to reimburse the City for any costs incurred by the City or to pay when due the payments
required to be paid or secured in connection with this Agreement; (7) failure by the Developer to renew the
Security at least thirty (30) days prior to its expiration date; (8) receipt by the City from the Developer’s
insurer of a notice of pending termination of insurance; (9) failure to maintain a current insurance certificate
on file with the City meeting City requirements; (10) failure to maintain the required insurance, bonds or
Security; (11) a breach of any provision of this Agreement; (12) if any representation made by Developer in
this Agreement, is inaccurate, either when made or at a later date; (13) failure by Developer to pay its debts
as they become due, the voluntary or involuntary filing of a petition in bankruptcy, an assignment by
Developer for the benefit of its creditors, or the appointment of a receiver for (a) Developer; (b) all or any
substantial portion of Developer’s assets; (c) the Property; or (14) if Developer is in default under any
mortgage or other pledge, guaranty or security agreement.
B. Event of Default - Remedies. Whenever an Event of Default occurs, the City, through the
City Manager, City Engineer, City Community Development Director, City Attorney or any of their
designees, may take any one or more of the following actions:
1. The City may suspend its performance under this Agreement.
2. The City may draw upon or bring action upon any or all of the securities provided to
the City pursuant to any of the terms of this Agreement.
Page 10
3. The City may take whatever action, including legal or administrative action, which
may be necessary or desirable to the City to collect any payments due under this Agreement or to enforce
performance and/or observance of any obligation, agreement or covenant of Developer under this Agreement.
4. The City may suspend issuance of building permits and/or certificates of occupancy
on any of the lots, including those lots sold to third parties.
5. The City may suspend the release of any escrowed dollars.
6. The City may use deposit or escrow dollars or other security to satisfy any outstanding
financial obligations to the City including but not limited to all real estate property taxes, utility charges, and
assessments with respect to the Property;
7. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the Property and cure the default, including but not limited to, completion of the Development Work.
When the City does any such work all costs incurred by the City in performing such work shall be recoverable
by it from the Security, and shall also constitute a lien on the Property, and the City may, in addition to its
other remedies, collect the costs in whole or in part as special assessments as specified in Chapter 429 of the
Minnesota Statutes. Developer knowingly and voluntarily waives all rights to appeal said special assessments
under Minnesota Statutes Section 429.081.
C. Notice. In a non-emergency, Developer shall first be given written notice of the Event of
Default not less than five (5) business days prior to City’s curing the default or exercising a remedy, or such
other period of time as the City, in its sole discretion, deems reasonable under the circumstances. The City
will not exercise its remedies so long as the Developer, within the five (5) business day period commences to
cure the Event of Default and diligently pursues to completion such cure of the Event of Default stated in the
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Notice. If, in the City’s judgment, an Event of Default results in a threat to the public health, safety or welfare,
the City may act to correct the default without notice.
D. Election of Remedies. No remedy conferred in this Agreement is intended to be exclusive
and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more
remedies shall not constitute a waiver of any other remedy. The City may, but is not obligated to, exercise
any of the remedies referred to in this paragraph.
20. NOTICES.
A. Required notices to the Developer shall be in writing, and shall be either hand delivered to the
Developer, its employees or agents, or mailed to the Developer by United States mail at the following address:
8720 Eagle Creek Parkway Savage, Mn. 55378. Notices to the City shall be in writing and shall be either
hand delivered to the City Manager, or mailed to the City by United States mail in care of the City Manager
at the following address: City of Prior Lake, 4646 Dakota Street SE, Prior Lake, Minnesota 55372.
Concurrent with providing notice to the City, notice(s) shall be served upon the City Attorney at the following
address: Campbell Knutson, P.A., Attn: David Kendall, Grand Oak Office Center I, 860 Blue Gentian Road,
Suite 290, Eagan, MN 55121.
B. Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above
specified, 10 days prior to the effective date of such change.
C. Notice related to an Event of Default shall include the following: (1) the nature of the breach
of the term or condition that requires compliance by the Developer, or the Event of Default that has occurred;
(2) what the Developer must do to cure the breach or remedy the Event of Default; and (3) the time the
developer has to cure the breach or remedy the Event of Default.
21. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
Page 12
demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties, and attorneys’ fees, that the City incurs or suffers,
which arise out of, result from or relate to this Agreement or the Development Work. The responsibility to
indemnify and hold harmless the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
22. NO THIRD PARTY RECOURSE. The City and Developer agree that third parties shall have
no recourse against the City under this Agreement. The Developer agrees that any party allegedly injured or
aggrieved as a result of the City Council’s approval of the final Plat shall seek recourse against the Developer
or the Developer’s agents. In all such matters, including court actions, the Developer agrees that the
indemnification and hold harmless provisions set out in paragraph 29 shall apply to said actions. This
Agreement is a contract agreement between the City and the Developer. No provision of this Agreement
inures to the benefit of any third person, including the public at large, so as to constitute any such person as a
third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to
any cause of action for any person not a party hereto.
23. INSURANCE REQUIREMENTS. Developer, at its sole cost and expense, shall take out
and maintain or cause to be taken out and maintained, until the expiration of the Warranty Period, a policy
of insurance with limits for bodily injury, death, and property damage of not less than $1,000,000.00 per
occurrence and $2,000,000.00 aggregate. The City, its elected and appointed officials, officers,
employees, planners, engineers, attorneys, and agents shall be named additional insureds on any such
policy. The insurance certificate shall provide that the City shall be given 30 days advance written notice
before any modification, amendment or cancellation of the insurance becomes effective.
24. FINAL PLAT AND DEVELOPMENT AGREEMENT. The final Plat and Agreement
shall be recorded with the Scott County Recorder or Registrar of Titles, as applicable within 90 days of
approval by the City Council. The final plat shall be considered void if not recorded within the 90 days
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provided for herein unless a request for a time extension is submitted in writing and approved by the City
Council prior to the expiration of the 90-day period.
25. RECONSIDERATION OR RESCISSION. If Developer fails to proceed in accordance
with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its
successors, and assigns, shall not oppose the City’s reconsideration and rescission of all approvals issued
in connection with this Agreement, thus restoring the status of the Property before the Agreement and all
such approvals.
26. SIGNS. The Developer hereby waives any claim against the City for removal of signs
placed in the right-of-way in violation of the City Code or State Statutes. The City shall not be responsible
for any damage to, or loss of, signs removed.
27. MISCELLANEOUS.
A. Compliance With Other Laws. The Developer represents to the City that the Plat and the
Developer in performing all work under this Agreement shall comply with all county, metropolitan, state,
and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and
environmental regulations. If the City Engineer or his/her designee or the City Attorney determines that the
Plat or Developer is not in compliance, the City Engineer or his/her designee or the City Attorney may, at
his/her option, refuse to allow construction or Development Work on the Property until the Developer does
comply. Upon such demand, the Developer shall cease work until there is compliance.
B. Permits. The Developer shall obtain all necessary approvals, permits and licenses from the
City, and any other regulatory agencies and the utility companies. All costs incurred to obtain said approvals,
permits and licenses, and also all fines or penalties levied by any agency due to the failure of the Developer
to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the Developer.
Page 14
C. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions
of this Agreement.
D. Amendments. There shall be no amendments to this Agreement unless in writing, signed by
the parties and approved by resolution of the City Council.
E. Waiver. Failure of the City to require performance of any provision of this Agreement shall
not affect its right to require full performance of this Agreement at any time thereafter and the waiver by the
City of a breach of any such provision shall not be a waiver of any subsequent breach and shall not nullify
the effectiveness of such provision.
F. Assignment. The Developer may not assign this Agreement without the prior written
approval of the City Council. The Developer's obligation hereunder shall continue in full force and effect
even if the Developer sells one or more lots, the entire Property, or any part of it.
G. Interpretation. This Agreement shall be interpreted in accordance with and governed by the
laws of the State of Minnesota. The words herein and hereof and words of similar import, without reference
to any particular section or subdivision, refer to this Agreement as a whole rather than to any particular section
or subdivision hereof. Titles in this Agreement are inserted for convenience of reference only and shall be
disregarded in constructing or interpreting any of its provisions.
H. Successors and Assigns. Provisions of this Agreement shall be binding upon and
enforceable against Developer’s successors and assigns including but not limited to all purchasers and
owners of all or any part of the Property and their successors and assigns.
I. Performance Standards. The Property shall be developed and operated in a manner
meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations.
Page 15
J. No City Liability. Except for the intentional acts of the City or its employees and
contractors, no failure of the City to comply with any term, condition, covenant or agreement herein shall
subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.
K. Estoppel. Upon request of the Developer, the City agrees to provide an estoppel stating
the status of the Developer’s obligations and the status of completion of improvements to be completed
by Developer in accordance with the Plans under the terms of this Agreement.
(Signatures Appear on Following Pages)
Page 16
CITY OF PRIOR LAKE
By: ________________________________
Kirt Briggs, Mayor
By: ________________________________
Jason Wedel, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _____ day of ____________, 2026, by
Kirt Briggs, Mayor, and by Jason Wedel, City Manager, of the City of Prior Lake, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
_____________________________________
NOTARY PUBLIC
Page 17
Highmark Builders on behalf of property
owner, Jason Haus
By: ________________________________
________________________________
Its: _________________________________
STATE OF MINNESOTA )
(ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of ____________, 2026, by
_____________________ as ____________________ for Highmark Builders on behalf of property owner
Jason Haus.
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, Minnesota 55372
Page 18
EXHIBIT A
TO DEVELOPMENT AGREEMENT
Legal Description of Property
The East 100 feet of that part of Government Lot 1, lying South of a line drawn through a point on the
East line of said Government Lot 1, 777.9 feet South of the Northeast corner thereof, and extending South
45 degrees 0 minutes West, Section 30, Township 115, Range 21, Scott County, Minnesota.
AND
That part of Government Lot 1, Section 30, Township 115, Range 21, Scott County, Minnesota, described
as follows:
Beginning at a point on the East line of said Government Lot 1, 777.9 feet South of the Northeast corner
of said Lot; thence South 45 degrees 0 minutes West to a point on the West line of the East 100 feet of
said Lot; said point being the actual point of beginning of the tract herein described; thence continuing
South 45 degrees 0 minutes West to a point 25 feet west of the east line of the east 100 feet of said Lot;
thence southeasterly to a point on the west line of the east 100 feet of said Lot which po int is 1085 feet
south of the north line of said Lot; thence north along the west line of the east 100 feet of said Lot to the
point of beginning.
AND
That part of Lot 1, Section 30, Township 115, Range 21 West, Scott County, Minnesota, described as
follows:
Beginning at a point on the east line of said Government lot which lies 777.9 feet south of the northeast
corner of said Government lot; thence southwesterly on a line South 45 degrees 0 minutes West, 176.78
feet more or less to a point which is 125 feet west of the east line of said Government lot; thence
northwesterly from said point of departure on an extension and continuation of a line drawn through a
point on the west line of the east 100 feet of said Government lot which point is distant 1085.0 feet south
of the north line of said Government lot, through said point of departure, continuing 57.84 feet more or
less to its intersection with a line extending south 63 degrees 0 minutes West from the point of beginning
on the east line of said Government lot distant 777.9 feet south of the northeast corner thereof, thence
northeasterly along said intersected line 149.12 feet more or less to the point of beginning.
(Abstract property)
AND
That part of Government Lot 2, Section 30, Township 115, Range 21, Scott County, Minnesota lying west
of the plat of Conroy’s Bay: lying north of westerly extension of the south line of the North half of Lot
19, said plat and lying south of the following described line:
Commencing at the southwest corner of Lot 18, said plat; thence on an assumed bearing of North
00 degrees 41 minutes 38 seconds East, along the west line of said Lot 18, a distance of 34.72 feet
to the point of beginning of the line to be described; thence North 87 degrees 38 minutes 52 seconds
West a distance of 9.09 feet; thence North 21 degrees 05 minutes 11 seconds West a distance of
15.93 feet to the west line of said Government Lot 2 and said described line there terminating
(Abstract property)
AND
Lot 20, CONROY’S BAY, Scott County, Minnesota and that part of Lots 18, 19, 21, and the Waterfront
in said plat, together with that part of Government Lot 2, Section 30, Township 115, Range 21, Scott
County, Minnesota, described as follows:
Page 19
Beginning at the intersection of the westerly extension of the north line of said Lot 19, with the west line
of said Government Lot 2; thence easterly along said westerly extension a distance of 15 feet more or less
to the northwest corner of said Lot 19, the same being the southwest corner of said Lot 18; thence North
along the west line of said Lot 18, a distance of 40 feet more or less to the southwest corner of the north
10.00 feet of said Lot 18; thence South 89 degrees 08 minutes 21 seconds East, assumed bearing, along
the south line of said north 10.00 feet a distance of 40.57 feet, thence South 49 degrees 07 minutes 44
seconds East a distance of 15.32 feet, thence South 09 degrees 07 minutes 06 seconds East a distance of
30.61 feet more or less to a point on the north line of said Lot 19, distant 72.00 feet westerly of the
northeast corner of said Lot 19 (said point also being 57.01 feet easterly of the southwest corner of said
Lot 18); thence continuing South 09 degrees 07 minutes 06 seconds East a distance of 30.61 feet more or
less to a point on the north line of said Lot 19, distant 72.00 feet westerly of the northeast corner of said
Lot 19 (said point also being 57.01 feet easterly of the southwest corner of said Lot 18); thence continuing
South 09 degrees 07 minutes 06 seconds East, along a line hereinafter referred to as “Line A”, a distance
of 160.43 feet more or less to a point on the southerly line of said Lot 21, said point di stant 83.12 feet
easterly of the southwest corner of said Lot 20 (as measured along the southerly line of said Lots 20 and
21); thence continuing South 09 degrees 07 minutes 06 seconds Eat to the shoreline of Prior Lake; thence
westerly along said shoreline to its intersection with the west line of said Government Lot 2, thence North
along said west line to the point of beginning.
EXCEPT that part lying northwest of the following described line:
Commencing at the southwest corner of Lot 18, said plat; thence on an assumed bearing of North
00 degrees 41 minutes 38 seconds East, along the west line of said Lot 18, a distance of 34.72 feet
to the point of beginning of the line to be described; thence South 87 degrees 38 minutes 52 seconds
East a distance of 33.85 feet; thence South 47 degrees 09 minutes 05 seconds East a distance of
20.13 feet; thence South 12 degrees 12 minutes 48 seconds East a distance of 72.81 feet to said
“Line A”, and said line there terminating.
(Torrens property)
Page 20
EXHIBIT B
TO DEVELOPMENT AGREEMENT
Fee Table
Deposit/Escrow Amt Per Total
Construction Observation Deposit 8% of Public Improvements = $5,000.00
TOTAL Deposit/Escrow = $0
Fee Amt Per Total
Administrative Fee 6% of Public Improvements = $0
Park Dedication Fee $3,750 X 1 Unit = $0
Trunk Sanitary Sewer Acreage $5,166 X 0 Acres = $0
Trunk Water Acreage $4,209 X 0 Acres = $0
Trunk Storm Sewer Acreage $9,456 X 0 Acres = $0
Chip Seal Fee (Public Streets) $2.25 X 0 Sq. Yd. = $0
TOTAL Fee = $0
Security Total
Sanitary Sewer = $0
Water Main = $0
Storm Sewer = $0
Streets/Sidewalks/Trails = $0
Additional Items = $0
Subtotal (rounded) = $0
TOTAL (125% of subtotal) = $0
Page 21
EXHIBIT C
TO DEVELOPMENT AGREEMENT
Final Plat
Page 22