HomeMy WebLinkAbout6.k. Rosemoung Industrial PUD Agreement Amendment 05-42-PUDAGENDA ITEM: 05-42 -PUD Rosemount Industrial PUD
Agreement Amendment
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director
AG rt F
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i`t
ATTACHMENTS: Revised PUD Agreement
APPROVED BY:
RECOMMENDED ACTION: 7
Motion to authorize the execution of the attached PUD Agreement Amendment for
Rosemount Industrial.
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: April 18, 2006
EXECUTIVE SUMMARY
ISSUE
Staff and the applicant discussed the desire to modify the approved PUD amendment to recognize the
various uses that would be permitted in the building At the time of the review, it was indicated that the
building could be used for manufacturing, warehousing, office, or athletic (indoor recreational uses) The
caveat is that introduction of these uses is that the performance standards of the zoning ordinance must
continue to be met Primarily that means that there must be adequate parking for the proposed mix of
tenants.
The amendment adds language to recognize these listed uses as permitted so long as ordinance criteria are
met. The Amendment envisions the City will be able t administer this review through the certificate of
occupancy process.
RECOMMENDATION
Staff recommends that the Council authorize the execution of the PUD agreement amendment for
Rosemount Industrial.
AMENDMENT TO
DECLARATION OF COVENANTS
AND RESTRICTIONS
Rosemount Industrial
Hebert Associates Inc.
Planned Unit Development
THIS DECLARATION made this day of 2006, by
SPOWDOWD, LLC., a Minnesota Limited Liability Company, 23300 Grandview Trail, Lakeville,
MN 55044 (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 a Declaration of Covenants and Restrictions
dated December 29, 2005, and recorded on January 5, 2006, as Document No. 2394606 (hereinafter
referred to as the "Declaration and
WHEREAS, Declarant wishes to amend the Declaration as hereinafter provided, which
amendment has been approved and consented to by the City of Rosemount, acting through its City
Council, as evidenced by the duly authorized signatures of its officers affixed hereto.
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. Paragraph 2 of the Declaration is amended by adding new subparagraph e. as
follows:
e. The use and development of the Subject Property shall conform to the
requirements of the City's Zoning Code applicable to Business Park District,
or such other zoning classification as may be established by the City upon
rezoning of the Subject Property in the future, except as modified by this
Declaration and except that the following uses shall be permitted uses of the
Subject Property: office, warehousing, athletic (indoor recreational uses),
and manufacturing, all subject to the applicable performance standards of the
City Code.
2. Except as modified by paragraph 1 above, the Declaration shall remain in
full force and effect.
287748v1 CLL RS220 -214
1
The obligations and restrictions of this Declaration run with the land of the Subject Property
and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount
acting through its City Council. This Declaration may be amended from time 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.
(SEAL)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
287748v1 CLL R5220-214
SPOWDOWD, LLC
By
Its Chief Manager
The foregoing instrument was acknowledged before me this day of 2006,
by the Chief Manager, for and on behalf of SPOWDOWD, LLC, a
Minnesota limited liability company, by and on behalf of said limited liability company.
2
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of 2006,
by William H. Droste and James Verbrugge, the Mayor and City Administrator, respectively, for
and on behalf of the City of Rosemount, a Minnesota corporation, by and on behalf of said
corporation.
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered (CLL)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300
287748v1 CLL RS220 -214
3
CITY OF ROSEMOUNT
By:
William H Droste, Mayor
And by:
James Verbrugge, Administrator
Notary Public
PROPERTY ID NUMBER 34 -03210-040-85
FEE OWNER
PAYABLE 2005 TAXES
NET TAX
SPECIAL ASSESSMENTS
TOTAL TAX SA
MANLEY LAND DEVELOPMENT INC
2113 CLIFF DR
EAGAN MN 55122
.ice
PAYABLE 2006 ASMNT USAGE AG
NOTE Dimensions rounded to nearest foot
Copyright 2005, Dakota County
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one
This drawing is a compilation of records, information and data located in venous city, oaunty, and
state offices and other sources, affectng the area shown, and is to be used for reference purposes
only Dakota County is not responsible for any inaccuracies herein contained If discrepancies are
found, please contact Dakota County Survey and Land Information Department
Map Date September 13, 2005 Parcels Updated 9/1/2005 Aenal Photography 2003
SITE MAP
2005 ESTIMATED MARKET JAL.. ES (PAYABLE 2005)
LAND
BUILDING
TOTAL
an LOT SIZE
SCHOOL DISTRICT 196
217,873 TOTAL SQ FT
5 00 TOTAL ACRES
15,262 ROAD R/W SQ FT
LOCATION 351/4 SE1/4 SECTION 32- 115 -19
PAYABLE 2006 HOMESTEAD STATUS NON HOMESTEAD
WATERSHED DISTRICT VERMILLION RIVER
LAST QUALIFIED SALE
DATE AMOUNT
2005 BUILDING INFORMATION (PAYABLE 2006)
NO DATA AVAILABLE
PLAT NAME SECTION 32 TWN 115 RANGE 19
TAX DESCRIPTION E 331 94 FT OF W 197699 FT
OF 565614 FT OF S 1/2 OF
SE 1/4
32 115 19