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Connemara Crossing Final Plat, Lundgren Brothers Homes 04-83-FPCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meetmq Date February 15, 2005 AGENDA ITEM: Connemara Crossings Final Plat, Basic AGENDA SECTION: Builders 04 -83 -FP Consent PREPARED BY: Jason Lindahl, A I C P �g A� N0 b Assistant City Planner ATTACHMENTS: Draft Resolution, Draft 01/25/05 PC Minutes, APPROVED BY: Subdivision Agreement, Planned Unit Development Agreement, Site Location Map, Final Plat RECOMMENDED ACTION: Staff recommends the City Council make the ollowmg motions 1 Motion to adopt a resolution approving the Final Plat for Connemara Crossings containing 44 attached single family residential units in 10 twinhome buildings and 8 townhome buildings on the vacant property located in the southwest corner of Biscayne Avenue and Connemara Trail, subject to conditions. 2 Motion to authorize the execution of a Subdivision Agreement to secure public infrastructure and private improvements including landscaping 3 Motion to authorize the execution of a Planned Unit Development (PUD) Agreement ACTION: SUMMARY Applicant Property Owner(s) Location Area in Acres Number of Lots Density Comp Guide Plan Desig Current Zoning Basic Builders Southwest corner of Biscayne Avenue and Connemara Trail 1388 44 units in 10 twinhome and 8 townhome buildings 3 17 units per Urban Residential R -2, Moderate Density Residential The applicant, Basic Builders, requests Final Plat approval for 44 attached single family residential units in 10 twinhome and 8 townhome buildings for the vacant property in the southwest corner of Biscayne Avenue and Connemara Trail PLANNING COMMISSION ACTION This item was reviewed by the planning commission during their January 22, 2005 meeting, A copy of the minutes from that meeting is attached for your reference This application appeared as a consent item and was unanimously approved by the Commission Below is a history of this application along with an analysis of the Final Plat application BACKGROUND The application began as a 40 unit twinhome project and was approved by the Planning Commission on January 28, 2003 and the City Council on February 6, 2003 Approval of the original concept plan required amending the Comprehensive Guide Plan and rezoning the property to conform with the concept An amendment to the Comprehensive Guide Plan from PI Public /Institutional to UR Urban Residential was approved by the Planning Commission on March 25, 2003, the City Council on April 17, 2003 and the Metropolitan Council on June 3, 2003 Subsequently, a rezoning from PI Public /Institutional to R -2, Moderate Density Residential was approved by the Planning Commission on July 22, 2003 and the City Council on August 7, 2003 The Concept plan for the current proposal was approved by the Planning Commission on July 27, 2004 and the City Council on August 17, 2004 Throughout this review process, both the Planning Commission and City Council conditioned approvals on providing extensive landscaping and /or berming to mitigate the impact of the adjacent railroad to the west This application received Planned Unit Development (PUD) Final Development Plan and Preliminary Plat approvals on October 19, 2004 Those plans were revised to address many of the conditions of Concept Plan approval including 1 Landscape islands in both cul -de -sacs to create additional green space in the summer 2 Dedication of right -of -way for Biscayne Avenue and all local streets 3 Dedication of a drainage and utility easement over the entire development 4 Installation of a 5' sidewalk along the west side of Biscayne Avenue running the entire east side of the development and installation of a 5' sidewalk along Blanca Avenue from 139 Street to the southern end of the development 5 Installation of additional landscaping along the west side of the site to screen it from the adjacent railroad and the lights at Erickson Park Adding recreational amenities to the site including an 8' bituminous trail from the northern end of Blanca Court to Connemara Trail and a patio area with benches near the pond and an 8' bituminous trail from the southwest end of Blarney Court to a gazebo near the pond FINAL PLAT ANALYSIS Staff's review of the Final Plat finds it in compliance with the PUD Final Development Plan and preliminary plat approvals Therefore staff recommends approval of the Final Plat for 2 Connemara Crossings containing 44 attached single family residential units in 10 twinhome and 8 townhome buildings However, several minor issues must be addressed prior to action on this item by the City Council These items are discussed in the analysis below and outlined as conditions of Final Plat approval in the recommended action section of this report Utilities Easements The applicant shall dedicate trail and access easements for all internal trails Copies of the easement documents shall be submitted to the City for review and approval by the City Attorney Homeowners' Association The applicant shall establish a homeowners' association for the maintenance of all common areas including the landscape islands in both cul -de -sacs. Copies of the homeowners' association documents shall be submitted to the City for review and approval by the City Attorney Park Dedication Staff is recommending park dedication should be a cash dedication in lieu of land The parks dedication fees for 44 units calculated using 2005 fee schedule would be $132,000 (44 x 3,000) CONCLUSION RECOMMENDATION Staff recommends approval of the Connemara Crossings Final Plat for 44 attached single family units in 10 twinhome and 8 townhome buildings on the vacant property at the southwest corner of Biscayne Avenue and Connemara Trail This recommendation is based on the plans and information provided by the applicant and the findings made in this report This recommendation is also subject to the conditions list in the attached resolution. 3 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 A RESOLUTION APPROVING THE FINAL PLAT FOR CONNEMARA CROSSINGS WHEREAS, the Community Development Department of the City of Rosemount received an application from Basic Builders, Inc requesting a Final Plat for the Rosemount Crossing, an attached single family residential development consisting of 44 units in 10 twwnhomes and 8 townhomes and legally described as That part of the Southeast Quarter of the Southeast Quarter of Section 20, Township 115, Range 19, Dakota County, Minnesota lying southeasterly of the Chicago. Milwaukee, St. Paul and Pacific Railroad Company 100 foot right of way and lying 50 00 feet southerly of and parallel with the following described line Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 20, thence on an assumed bearing of North 0 degrees 02 minutes 34 seconds West, along the cast line thereof, a distance of 1006 13 feet to the point of beginning of the line to be described thence North 68 degrees 56 minutes 19 seconds West a distance of 343 51 feet to said easterly railroad right of way line and said liner there terminating WHEREAS, the City Council approved the Concept Plan for Connemara Crossings (Formerly Biscayne Acres) on August 17, 2004, subject to conditions, and WHEREAS, the City Council approved the Final Development Plan and Preliminary Plat for Connemara Crossings on October 19, 2004, subject to conditions, and WHEREAS, on December 27, 2004 the applicant submitted the Final Plat for the Connemara Crossings, and. WHEREAS, on January 25, 2005 the Planning Commission reviewed the Final Plat for Connemara Crossings and found it consistent with the Concept Plan, Final Development Plan and Preliminary Plat, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Connemara Crossings, subject to conditions, and WHEREAS, February 15, 2005, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation for the Final Plat for Connemara Crossings NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Connemara Crossings, subject to Execution of a Planned Unit Development Agreement between the applicant and the City 2 Execution of a Subdivision Development Agreement to secure public infrastructure and private improvements including landscaping 3. All landscaped areas shall be irrigated including the both landscape islands in the cul -de- sacs The applicant shall install landscape islands in both cul -de -sacs to provide additional green space and snow storage. 4. Submission of trail and access easements over both internal trails in a form acceptable to the City Attorney. Said easements shall be recorded against the plat by the developer 5 Establishment of a Homeowners' Association (HOA) for the maintenance of all common areas including the landscape islands in both cul -de -sacs Copies of the Homeowners' Association documents shall be submitted to the City for review and approval by the City Attorney 6 Payment of 44 units of parks dedication The 2005 park dedication fee is $3,000 per residential unit, therefore, the park dedication fee for this development is $132,000 (44 x 3,000) 7 The front facades of all units shall be 95 percent brick with only the areas between the top of the garage doors and the bottom edge of the roof line and around the man -doors having maintenance free siding 8. Plan revisions to illustrate all trails and sidewalks shall not exceed a five percent slope as required by the Americans with Disabilities Act 9. Due to the wide driveway openings in the cul -de -sacs that minimize snow storage, cluster mailboxes shall be installed for the cul -de -sacs 10 The landscape plan shall be revised to depict plantings not located on the top of proposed utilities ADOPTED this 15 day of February, 2005 by the City Council of the City of Rosemount William H Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by Second by: Voted in favor Voted against: Member absent- Excerpt from the Regular Planning Commission Meeting of January 25, 2005 Consent Agenda 4A. Approval of the December 28, 2004 Minutes. 4B. CASE 04 -83 -FP Connemara Crossing (Basic Builders) Final Plat. 4C. CASE 04 -84 -FP Glendalough 5` Addition (U.S. Homes) Final Plat. 4D. CASE 04 -88 -SP Independent School District 4196 Site Plan Review. MOTION by Powell to approve the Consent Agenda Items 5A, B, C and D Second by Humphrey Ayes. Zurn, Humphrey and Powell Nayes: None Motion carried SUBDIVISION AGREEMENT Connemara Crossings AGREEMENT dated day of 2005, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, "City and BASIC BUILDERS, INc (the "Developer Request for Plat Approval The Developer has asked the City to approve the subdivision of land and a plat of land to be known as Connemara Crossings, which land is legally described on Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the "subject property") 2 Conditions of Plat Approval The City has approved the subdivision and the plat on the following conditions a Incorporation of recommendations of the City Engineer concerning design and installation of public infrastructure and including grading, erosion control, streets and utilities b Execution of a Subdivision or Development Agreement to secure the public and private improvements c Payment of all applicable fees including G I S Park Dedication and other fees identified in the current fee schedule d Incorporation of any easements necessary to accommodate drainage, ponding, trails, conservation areas, streets and utilities 3. Phased Development The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract and the breach has not been remedied Development of subsequent phases may not proceed until Subdivision Agreements for such phases are approved by the City 4. Effect of Subdivision Approval For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Agreement S. Development Plans The subject property shall be developed in accordance with the following plans, original copies of which are on file with the City Engineer The plans may be prepared, subject to City approval, after entering this Agreement, but before commencement of any work on the Subject Property If the plans vary from the written terms of this Agreement, the written terms shall control The plans are Plan A Plat Plan B Soil Erosion Control Plan and Schedule Plan C Drainage and Storm Water Runoff Plan Connemara Crossing 02/09/05 Plan D Plans and Specifications for Public Improvements Plan E Grading Plan and House Pad Elevations Plan F Street Lights Plan G Landscape Improvements 6. Installation by Developer The Developer shall install or cause to be installed and pay for the following A. Street Lights B Setting of Lot and Block Monuments C Surveying and Staking of work required to be performed by the Developer D Gas, Electric, Telephone, and Cable Lines E. Site Grading F Landscaping (Hereinafter referred to as the "Developer Improvements And other items as necessary to complete the development as stipulated herem or m other agreements 7. Time of Performance The Developer shall mstall all required improvements enumerated in Paragraph 6 which will serve the subject property by September 30, 2006 The Developer may, however, request an extension of time from the City If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date 8. Public Infrastructure The following improvements, known as City Project #391, shall be designed, inspected, surveyed and administered by the City and installed in the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process A Sanitary Sewer B Watermain C. Storm Sewer D Streets E Sidewalks /Pathways (Hereinafter referred to as "Public Infrastructure Improvements The attached figure shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph Contracts shall provide for construction in accordance with plans and specifications prepared by the City or its consultants The City will not enter into such contracts until all conditions of plat and subdivision approval have been met, the plat is recorded and the City has received the bonds and security required by this agreement. The City will obtain any necessary permits from the Minnesota Pollution Control Agency, Department of Health and all other agencies before proceeding with construction Connemara Crossing 02/09/05 9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the construction, installation and maintenance of the Public Infrastructure Improvements, Developer shall promptly make payments to the City of sums deemed necessary by the City to make timely payments to its contractor as follows Prior to the receipt by the City of bids for the Public Infrastructure Improvements, Developer will pay to the City a cash deposit in the amount of One Hundred Fifty Thousand Dollars ($150,000) to cover one or more periodic payments to the City's contractor Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose b. From time to time as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written notice specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor Payments shall be due no later than five (5) working days after receipt of notice by the Developer. No interest will be paid or credited to Developer on funds held by the City in the deposit Following final payment for Public Infrastructure Improvements the City will return any unused funds in the deposit to Developer Upon execution of this Agreement, Developer will provide a letter of credit in form satisfactory to the City in the amount of Three Hundred Three Thousand Two Hundred Dollars ($303,200) (which is 110% of the estimated construction costs ($421,000) less the initial deposit), conditioned on the prompt and faithful performance by Developer of its obligations under this paragraph 9 This letter of credit may be combined with any other letter of credit given to secure performance under this Agreement provided the form thereof is approved by the City. e. In the event City does not recover its costs for completing the Public Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Subject Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429 081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Public Infrastructure Improvements. Connemara Crossing 02/09/05 10. Securitv for Developer Improvements To guarantee compliance with the terms of this Agreement, payment of the costs of all Developer Improvements and construction of all Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or two (2) individual irrevocable letters of credit from a bank "security for a) $55,000 Landscaping b) $108,900 All Other Improvements which is 110% of the estimated cost of the Developer Improvements The amount of the security was calculated as follows Refer to Exhibit A and Exhibit B for an explanation of each item 4 Connemara Crossing 02/09/05 Cost 110% Landscaping $50,000 $55,000 Grading Erosion Control $25,000 $27,500 Pond Restoration and Erosion Control Removal $25,000 $27,500 Sun ev Monumentation $23,000 $25,300 Retaining Walls $10,000 $11,000 Street Lighting (4 lights) $16,000 $17,600 Buffer Monumentation Park Equipment/Improvements Wetland Restoration iMitigahon Wetland Monitoring Total $99,000 $108,900 Refer to Exhibit A and Exhibit B for an explanation of each item 4 Connemara Crossing 02/09/05 Cost 110% Landscaping $50,000 $55,000 Total Refer to Exhibit A and Exhibit B for an explanation of each item 4 Connemara Crossing 02/09/05 The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator The letter of credit shall be automatically renewable until the City releases the developer from responsibility The letter of credit shall secure compliance with the terms of this Agreement and all obligations of the Developer under it The City may draw down on the letter of credit without notice if the obligations of the Developer have not been completed as required by tlus Agreement In the event of a default under this Subdivision Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terns of this Subdivision Agreement If the Developer does not remove said default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit With City approval the letter of credit may be reduced from time to time as financial obligations are paid and developer installed improvements completed to the City's requirements 11. Grading Plan /Site Grading Site grading has been completed by the developer at its cost and approved by the City Engineer Developer shall furnish the City Engineer satisfactory proof of payment for the site grading work and shall submit a certificate of survey of the development to the City, prior to the award of utility contract All improvements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer 12. License The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City during the installation of Public Infrastructure Improvements 13. Erosion Control Prior to site grading, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and approved by the City All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area Except as otherwise provided in the erosion control plan, seed shall be rye grass or other fast growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as possible All seeded areas shall be mulched and disc anchored as necessary for seed retention All basement and/or foundation excavation spoil piles shall be kept completely offCitynght -of -way and shall be completely surrounded with an approved erosion control silt fence Approved erosion control fencing shall be installed around the perimeter of each lot or at City approved locations at the time of building permit issuance and remain in place until the lot is seeded or sodded A 20 -foot opening will be allowed on each lot for construction deliveries The parties recognize that time is of the essence in controlling erosion If development does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion This right also applies to the required erosion control for basement and/or foundation excavation spoil piles The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay any costs. No development will be allowed and no building permits will be issued unless the Subject Property is in full compliance with the erosion control requirements Connemara Crossing 02%09/05 14. Planting and Seeding Landscaping shall be in accordance with Landscape Plans approved by the City Planner 15. Clean up The Developer shall clean streets of dirt and debris that has resulted from construction work by the Developer, its agents or assigns The City will inspect the site on a weekly basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets After 48 hours verbal notice to the Developer, the City will complete or contract to complete the cleanup at the Developer's expense in accordance with the procedures specified in Paragraph 13 The Developer shall inspect and if necessary clean all catch basins, sumps, and pondmg areas of erosion/siltation and restore to the original condition at the end of home construction within this development All silt fence and other erosion control should be removed following the establishment of turf These items are to be secured through the letter of credit as is noted in Exhibit A 16. Ownership of Improvements Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements lying within public nghts -of- way and easements shall become City property without further notice or action unless the improvements are slated as private infrastructure 17. Warrantv The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City All trees, grass and sod shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting 18. Responsibilitv for Costs A Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conl unction with the development of the Subject Property including, but not Iimited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the subdivision and the plat, the preparation of this Agreement and any amendments hereto, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subject Property. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat or subdivision approval and development of the Subject Property The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees 6 Connemara Crossing 02/09/05 C. The Developer shall reimburse the City for actual costs incurred m the preparation and enforcement of this Agreement, including engineering and attorney's fees The estimated City fees of $94,209 less initial cash deposit of $10,000 for a total of 384,209 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates $60,040 Engineering Fees (less initial $10,000 cash deposit) 2,000 Attorney Fees $20,600 5% City Fees 480 Street Light Energy Cost 1.089 Seal Coating $84,209 14, If the City fees exceed this estimate, the Developer shall pay the additional costs to the City within 10 days of the request D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt If the bills are not paid on time, the City may halt development work and construction including, but not limited to, the issuance ofbuilding permits for lots which the Developer mayor may not have sold, until the bills are paid in full Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9 per year E. The Developer shall pay all energy costs for street lights installed within the Subject Property for 24- months at a cost of $5 /month/light After that, the City will assume the energy costs F The Developer will pay the cost of sealcoating the streets within the development at a cost of $0 60 /SY The sealcoatmg will be completed within two (2) years following wear course placement Developer agrees to pay fees, charges and assessments set forth in this Section pnor to, or at the time of, execution of any plat by the City A B C D. E Park dedication fees in the amount of $132,000 Geographic Information System (GIS) fees in the amount of $2,420 Storm Sewer Trunk Area Charges in the amount of $77,774 Sanitary Sewer Trunk Area Charges in the amount of $14,494 Waterman Trunk Area Charges in the amount of $58,393 Or such other amounts for such fees as in effect at the time of plat approval. See Exhibit B for detailed calculations Connemara Crossing 02/09/05 20. Developer understands that builders will be required to pay for the Subject Property the fees, charges and assessments in effect at the time of issuance of building permits The rates for each of these items will be set according to the current rate structure at the time the building permit is received The fees, charges, and assessments in effect as of this agreement are A Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $1,450) B Storm Sewer Connection Charges per single family unit and per multiple family unit (currently at $670) C Sanitary Sewer Availability Charges per SAC unit (currently at $1,160 /SAC unit) D Water Availability Charges per SAC unit (currently at $1,410 /SAC unit for single family residential and multi family residential) 21. Building Permits No occupancy permits shall be issued until: A The site gradmg is completed and approved by the City B. All pubhe utilities are tested, approved by the City Engineer, and in service C. All curbing is installed and backfilled. D. The first lift of bituminous is in place and approved by the City E. All building permit fees are paid in full F Early building permits may be issued at the discretion of the City Engineer The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, matenalmen or agents No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Engineer 22. Developer's Default In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than 48 hours in advance This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, Section 429 081 Connemara Crossing 02/09/05 23. Miscellaneous A The Developer represents to the City that the development of the Subject Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to subdivision ordinances, zoning ordinances and environmental regulations If the City determines that the subdivision or the plat or the development of the Subject Property does not comply, the City may, at its option, refuse to allow construction or development work on the Subject Property until the Developer does comply Upon the City's demand, the Developer shall cease work until there is compliance B. Third parties shall have no recourse against the City under this Agreement C Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties D. Ifanyportion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement E If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties F The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement To be binding, amendments or w aivers shall be in writing, signed by the parties and approved by written resolution of the City Council The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land and maybe recorded against the title to the property The Developer shall take such steps, including execution of amendments to this Agreement, as are necessary to effect the recording hereof After the Developer has completed the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer arelease H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter ansmg, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy I. The Developer may not assign this Agreement without the written permission of the City Council, 9 Connemara Crossing 02/09/05 24. Notices 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 registered mail at the following address Basic Builders, Inc 14450 South Robert Trail Rosemount, MN 55068 Notices to the City shall bein writing and shall be either hand delivered to the City Admimstrator, or mailed to the City by registered mail in care of the City Administrator at the following address City Administrator, Rosemount City Hall, 2875 145 Street West, Rosemount, Minnesota 55068 10 Connemara Crossing 02/09/05 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written BY: BY: BY: BY: STATE OF MINNESOTA SS COUNTY OF DAKOTA CITY OF ROSEMOUNT William H. Droste, Mayor Linda Jentink, City Clerk Its Its The foregoing instrument was acknowledged before me this day of 2005, by William H Droste, Mayor, and Linda Jentmk, City Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council Notary Public STATE OF MINNESOTA SS COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2005 by and a of the said Notary Public Drafted By: City of Rosemount 2875 145th Street West Rosemount, MN 55068 on behalf 11 Connemara Crossing 02/09/05 EXHIBIT A The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in the Subdivision Agreement* Grading Erosion Control A restoration and erosion control bond to ensure revegetation and erosion control ($3,500 /acre) Note The minimum bond amount is set at $25,000 Pond Restoration/Erosion Removal A security to allow for cleaning of sedimentation ponds prior to City acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket following development of 75 percent of adjoining lots (estimated Lump Sum) Survev Monumentation An amount equal to 110% of the cost to monument all lots within the development LandscMin —An amount equal to 110% of the cost to complete the minimum required landscaping If additional landscaping is planned, a bond for that cost is not required Retain 1g 'alls An amount equal to 110% of the cost to complete the retaining wall construction Street Lighting An amount equal to 110% of the cost to complete the minimum required lighting If additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate this cost) Buffer Monumentation An amount equal to 110% of the cost to manufacture and install the necessary buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost) Park Equipment An amount equal to 110% of the cost of improvements agreed upon to be completed in the park areas. Wetland Monitorm An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation areas for 5 years to ensure their proper creation This wetland specialist will be hired by the City Wetland Restoration/Mitigation An amount equal to 110% of the cost to develop new wetlands should the mitigation not be effective ($20,000 per acre of mitigation) 12 Connemara Crossing 02/09/05 EXHIBIT B Page 1 Of 2 Letter of Credit for Developer Improvements No Item Cost 110% Calculation 1 Grading and Erosion Control 25 000 27,500 Mtn $25,000 (grading LOC received) 2 Pond Restoration and Erosion Control Removal 25,000 27 500 Estimate of test payment 3 Survey Monumentation 23 000 25,300 S500 /Lot 46 Lots 4 Retaining Wall 10,000 11 000 Estimated cost for two retaining walls 5 Street Lights 16 000 17,600 S4000'Li ht 4 Lights 6 Buttei blonumentanon 7 m Park Equi ent'improvements 8 Wetl and Restoranon 9 Wetland Monitoring Totall 99,000 1 108 900 Letter of Credit for Public Infrastructure No Item Cost 110 1 Calculation I Psumated Construction Cost 4t2,000 453 200 Per En meer's Estimate (out updated 2 Less Initial Cash De osrt 3 (150,000) Estimate of test payment Estimated Construction Cost 5% Totall Street Light Energy Cost I 55,000 4 Lights 24 Months $5imomh 5 Totall 1,089 I 303,200 Letter of Credit for Landscaping No I Item Cost 110% 1 Calculation 1 Estimated Landscaping Cost 50,000 S 55,000 Per Rick Pearson 2,000 Estimate 3 5 0 S CaN I ees 20 600 Estimated Construction Cost 5% Totall Street Light Energy Cost I 55,000 4 Lights 24 Months $5imomh City Fees No Item Cost I Calculation I Engineering Fees 60,040 Estimated Construction Cost 17 %1eis initial deposta of $l0,ow 2 Attorney Fees 2,000 Estimate 3 5 0 S CaN I ees 20 600 Estimated Construction Cost 5% 4 Street Light Energy Cost 480 4 Lights 24 Months $5imomh 5 Seal Coating 1,089 Street Area (1,815 SY) $0 60,SY Total 84,209 Development Fees No Item Cost Calculation I Park Dedication 132,000 $75,000 /acre 1 /25th of an acre per dwelling unit 2 GIs Pees 2,420 $5511 -ot or Unit (44 Units) 3 Storm Sewer Trunk Charge 77,774 $6 015 /acre total acreage minus pondmg to HWL 5 Samta Sewer Trunk Area Charge 14 494 $1,W,a,,re total acreage minus park dedication 6 Watermam Trunk Area Charge 58,393 $4,210 acre total acreage minus park dedication Total 285,081 EXHIBIT B Page 2 Of 2 No Lots Block Total Lots Lot Block SQ FT Acres 1 38 2 8 Total 46 Total Plat Area= 1387 acres Gross Dev Area= 1293 acres Pondmg to HINT= 094 acres Park Dcd1Lat10R° 000 acres DedlLated ROW= 2,97 acres 1 1 3457 86 008 2 1 3293 20 008 3 1 345786 0 08 4 1 3457 86 008 5 1 344493 008 6 1 3430 53 00 7 1 3293 20 008 8 1 342950 008 9 1 3457 86 1 008 10 1 3281 66 008 I 1 1 328405 008 12 1 345786 008 13 1 345 008 14 1 3293 20 008 15 1 3457 86 008 16 1 345786 008 17 1 1 345786 008 18 1 345786 o 08 19 1 3293 20 0 08 20 1 3457 86 0 08 21 1 3457 86 008 22 1 3457 86 008 23 1 3457 86 008 24 1 329320 008 25 1 3457 86 0 08 26 1 325786 007 27 1 3293 20 008 28 1 3333 69 008 29 1 332455 008 30 1 3293 20 008 31 1 345786 008 32 1 3457 86 008 33 1 3457 86 008 34 1 3457 86 008 1 3457 86 0 08 1 3457 86 0 08 1 3457 86 0 08 38 1 283384 88 6 51 a 2 3457 86 0 08 2 3457 86 0 08 2 345786 008 2 329320 009 5 2 345786 008 6 2 345786 008 7 2 345786 008 8 2 41681 12 096 0 r r C >NI aJNIN33Nlo9 rpY p mY N YpW]Yx Yw�' Y p Now aM^ xypu �pM wYra"' °Mxn eYMWYauwN wAN M•W wyFSen Ww.im Wwrm wp ueM w s x+N Mgvw .i.roraax ���rrv w ,j�W^e )ixMa ?v xs.Mgln Aw.x Yn^.ram. p+'Y' WW.M.nrcW �✓P^wiw M`n. N...x r�„�w.pN u MA p uPW µrw+. r° M wimrsMUa �..e^.+`x .frnpm .n afwi w.Peu` nr °��6.w n•wso� nGp e m. a r M. ♦nM vino r.n4 y r u` b np rMmw x aNyu..ir.n..n irvu N".s •n'M�av WrM..wu��a�r+, DWM.Mi�aN YNw'w nr'rvr N4 t�� Mewnary EWl6iYa 15ay.�Y W4 x°` v+rn 0 M q,^W x wrrM Y �p^W`.nM Wwa u mvn u wNM ^wrun M ,eY^.Ye✓ ^44r +a xJI�IISSQ�� �23"�1W��NO� r ��Tj- fl 221 26 ,2Jbf 14 8a 48 c.cc.c,� o -�r3 "s, "v e o. 1 •.•c. r Sess xI'm A 8 J c e and 88" v 1 8 q 4 48 84 ,�iw Tie 82 M "isu''t 4 t •f, 't}�` w,.... 10 r„ a (:`1a CONNEMARA CROSSING M1, q• .��9 a 6 a x f or mi "m �u.Ai�a sos r.nrzx x ur .ssunco 7 t ewwc ar rwvox w w /�[m n(YV a 952 as 9.�:f soo oz ae A f]ISI A1N:_:! tlw I BISCAYNE AVENUE d�S �c51El� BY 1 Ur T �JO121 1 38 :,L'I �a ee .4 rso x .ate '4 j !l aa2 S s 1 a0 9 R rc LC SS W m'S rW !I d' x A a 29'r .'•2� a NORTH l ^s38 DEC 212004 �fil' I xm`em]Y6m S e •oar, be m a :Em r a ENOINEfflING �e of m. °em q— slreeer c F .m ^`s, r ��Tj- fl 221 26 ,2Jbf 14 8a 48 c.cc.c,� o -�r3 "s, "v e o. 1 •.•c. r Sess xI'm A 8 J c e and 88" v 1 8 q 4 48 84 ,�iw Tie 82 M "isu''t 4 t •f, 't}�` w,.... 10 r„ a (:`1a �t M1, q• .��9 a 6 a x f or mi "m �u.Ai�a sos r.nrzx x ur .ssunco 7 t ewwc ar rwvox tlw I OEnortS ww, uonUUUi iccxo r d�S �c51El� BY 1 Ur T 4� .4 rso x .ate '4 j !l aa2 S s a0 9 R rc LC SS W m'S rW !I DEC 212004 �fil' J ENOINEfflING COMPANY_ INC SHEET I N O N NMI a I m z i CONNEMARA CROSSINGS PLANNED UNIT DEVELOPMENT AGREEMENT DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 15th day of February, 2005, by Mr Edward McMenomy of Basic Builders, Inc (hereinafter referred to as the "Declarant'); WHEREAS, Declarant is the owner of the real property described on Exhibit 1, attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Rosemount, Minnesota "City in connection with the approval of an application for a planned unit development for a residential development on the Subject Property, and WHEREAS, the City has approved such development on the basis of the determination by the City Council of the City that such development is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property, and that but for the details of the development proposed and the umque land use characteristics of such proposed use, the planned unit development would not have been approved, and CLL- 250929yi 1 RS215 -4 WHEREAS, as a condition of approval of the planned umt development, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration and WHEREAS, to secure the benefits and advantages of approval of such planned unit development, the Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth 1. The use and development of the Subject Property shall conform to the following documents, plans and drawings: a. City Resolution No 2005 Exhibit 2 b. Preliminary Plat Plan, Dated 8/23/04, Exlubit 3 c Preliminary Utility Plan, Dated 8/23/04, Exhibit 4 d Preliminary Grading Plan Dated 8/23/04, Exhibit 5 e Preliminary Erosion Control Plan, Dated 8/23/04, Exhibit 6 f. Tree Preservation Plan, Dated 8/23/04, Exhibit 7 g Preliminary Landscape Plan, Revised 8/09/04 8/24/04, Exhibit 8 h Two Unit Vista Glen Building Elevations, Dated 08/28/02, Exhibit 9 1. Three Unit Building Elevations, Revised 07/12/04, Exhibit 10 all of which attachments are copies of ongmal documents on file with the City and are made a part hereof 2 Development and maintenance of structures and uses on the Subject Property shall conform to the following standards and requirements CLL- 2508290 2 RS215 -4 a Building, Roads, and Structures in accordance with the Preliminary Plat, Exhibit 3, Two Unit Vista Glen Building Elevations, Dated 08128/02, Exhibit 9, and Three Unit Building Elevations, Revised 07/12/04, Exhibit 10. b. Conditions specified in Resolution 2005- c Property owner associations shall have sole responsibility for construction and maintenance of all open space, landscaping and sidewalks, crossings and trails in accordance with Exhibits 2, 3, 4, 5, 6, 7 and 8. d DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND GRANTS OF EASMENTS dated filed with the Dakota County Recorder on as document number 3. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification that permits such other development and use 4. In connection with the approval of development of the Subject Property, the following variances from City Zoning or Subdivision Code provisions were approved a. Section 4.18 J Exterior Vertical Surface Design- The front building elevation of all twwnhome and townhome buildings shall be 95 percent brick In all other respects the use and development of the Subject Property shall conform to the requirements of the City Code of Ordinances 5. The obligations and restrictions of this Declaration rim with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City of cLL- 250829v1 3 RS215-4 Rosemount acting through its City Council This Declaration maybe amended from tune to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written icy e Ij By Its By Its (SEAL) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2004, by the and the for and on behalf of a by and on behalf of said Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered (CLL) 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 CLL250829v1 4 RS215 -4 Legal Description That part of the Southeast Quarter of the Southeast Quarter of Section 20, Township 115, Range 19, Dakota County, Minnesota lying southeasterly of the Chicago, Milwaukee, St Paul and Pacific Railroad Company 100 foot right of way and lying 50 00 feet southerly of and parallel with the following described line Commencing at the southeast corner of said Southeast Quarter of the Southeast Quarter of Section 20, thence on an assumed hearing of North 0 degrees 02 minutes 34 seconds West, along the east line thereof, a distance of 1006 13 feet to the point of beginning of the line to be described thence North 68 degrees 56 minutes 19 seconds West a distance of 343 51 feet to said easterly railroad right of way line and said liner there terminating. 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