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HomeMy WebLinkAbout6.k. Crosscroft 3rd Addition (D.R.Horton) Approval of an amended PUD Agreement, 06-08-AMDAGENDA ITEM: 06- 08 -AMD Crosscroft 3 Addition (D.R. Horton) Approval of an amended PUD Agreement AGENDA SECTION: Consent PREPARED BY: Kim Lindquist, Community Development Director AGENDA NO. 6k ATTACHMENTS: PUD Amendment Agreement; Conservation Easement. APPROVED BY: RECOMMENDED ACTION: Motion to Authorize execution of the PUD Amendment Agreement and Conservation Easement ROSEMOUNT CITY COUNCIL City Council Regular Meeting' June 6, 2006 EXECUTIVE SUMMARY ISSUE In April the City Council approved a PUD amendment with agreement reflecting changes to the Crosscroft project and final plat. The modification results in creation of single family lots within the senior lifestyle area of the Evermoor project At that time the Council approved a PUD agreement to reflect the changes However, since that time, representatives from D.R. Horton have requested additional modifications to the agreement While there ate numerous changes, staff does not believe any are substantive, and rather provide clanfication to anyone reading the document The City Attorney has reviewed the document and is comfortable with the requested revisions Therefore staff is recommending approval of the revised PUD amendment. No other changes to the previous approval are required. As part of the approval a conservation easement is also required. The easement is attached. BACKGROUND Crosscroft is part of the Evermoor PUD as the "active seniors" neighborhood originally approved in June of 2000 The Crosscroft area was designed to have individual houses with a cottage character on small lots with private streets. A major PUD amendment was approved in June of 2001, which refined the street design, outer boundaries and enlarged the clubhouse site. At that tune, the approval was for 217 lots. RECOMMENDATION Approve attached PUD amendment agreement and conservation easement. PLANNED UNIT DEVELOPMENT AGREEMENT Evermoor Crosscroft 3rd Addition Single Family Homes Planned Unit Development Amendment THIS AGREEMENT AND DECLARATION made this day of 2006, by and between D.R. Horton, Inc. Minnesota, a Delaware corporation (hereinafter referred to as the "Declarant and the City of Rosemount, Minnesota, a Minnesota municipal corporation (hereinafter referred to as the "City WHEREAS, Declarant is the owner of the real property described as follows: Outlot D, EVERMOOR CROSSCROFT, hereinafter referred to as the "Subject Property"; and WHEREAS, City has approved a plat of the Subject Property known as EVERMOOR CROSSCROFT 3RD ADDITION, which includes thirty -five lots intended for the creation of a traditional detached single family neighborhood, hereinafter referred to as the "Single Family Lots and twelve lots intended to be integrated into an existing senior oriented single family detached neighborhood, hereinafter referred to as the "Senior Lots"; and WHEREAS, the Single Family Lots are as follows: Lots 1 through 26, Block 2; Lots 1 through 4, Block 3, and Lots 1 through 5, Block 4, all in EVERMOOR CROSSCROFT 3RD ADDITION, Dakota County, Minnesota. 1 WHEREAS, the Senior Lots are as follows: Lots 1 through 12, Block 1, all in EVERMOOR CROSSCROFT 3RD ADDITION, Dakota County, Minnesota. WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City in connection with the approval of an application for an amendment to the Evermoor Crosscroft 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 unique land use characteristics of such proposed use, the planned unit development would not have been approved; and WHEREAS, as a condition of approval of the planned unit development, the City has required the execution and filing of this Agreement (hereinafter the "Agreement and WHEREAS, to secure the benefits and advantages of approval of such planned unit development, Declarant desires to subject the Subject Property to the terms hereof. 290735v1 CLL RS220 -227 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. Preliminary Grading Plan revised 3/3/06- Exhibit A b. Preliminary Utility Plan revised 3/3//06- Exhibit B c. Preliminary Plat Revised 3 /3 /06- Exhibit C d. Preliminary Centerline Profiles Details dated 1 /30 /06- Exhibit D e. Preliminary Landscape Plan revised 3 /3 /06- Exhibit E f. Preliminary Plat/Existing Conditions dated 1 /30 /06- Exhibit F 2. The use and development of the Senior Lots shall additionally conform to the Armes' Grove Gardening Concept dated 3/1/06- Exhibit G 3. The use and development of the Single Family Lots shall additionally conform to the following Architectural Elevations or like equivalent- Exhibits H (1 -11) Bershire 2 Concord Concord 2 Colonial Gleneagles Braemer Chesapeake Hancock Hampton 2 Dover Legacy all of which exhibits are copies of original documents on file with the City and are made a part hereof. 3. Development and maintenance of structures and uses on the Single Family Lots shall conform to the following standards and requirements: a. A front -yard building setback of thirty -five feet (35') will be maintained. b. Side -yard setbacks for lots are a minimum of five feet (5') on the garage side and a minimum of ten feet (10') on the house side. c. Rear -yard setbacks shall be a minimum of twenty feet (20') with forty feet (40') for all lots that have the rear yard along Connemara Trail. d. The Single Family Lots will be part of a homeowners association for purposes of maintenance of private roads within the project. 4. Development and maintenance of structures and uses on the Senior Lots shall conform to the following standards and requirements: 290735v1 CLL RS220 -227 290735v1 CLL R8220 -227 a. A front -yard building setback of thirty five feet (35') will be maintained. b. Side -yard setbacks for lots are a minimum of six feet (6'). c. Rear-yard setbacks shall be a minimum of fifteen feet (15'). d. The Senior Lots will be part of a homeowners association for purposes of maintenance of private roads within the project. 5. The Subject Property may only be developed and used in accordance with Paragraphs 1 and 2 of this Agreement 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. 6. The obligations and restrictions of this Agreement 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 Agreement 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. 3 IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarant and City have hereunto set their hands and seals as of the day and year first above written. (SEAL) STATE OF MINNESOTA COUNTY OF DAKOTA 290735v1 CLL R5220 -227 ss. DECLARANT By Its The foregoing instrument was acknowledged before me this day of 2006, by Stephen M. Paul, the President of D.R. Horton, Inc. Minnesota, a Delaware corporation by and on behalf of said corporation. 4 Notary Public (SEAL) STATE OF MINNESOTA COUNTY OF HENNEPIN ss. THIS INS 1 RUMENT DRAFTED BY: Kennedy Graven, Chartered (CLL) 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 290735v1 CLL RS220.227 CITY OF ROSEMOUNT By William Droste, Mayor By Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this day of 2006, by William Droste and Amy Domeier, the City Mayor and City Clerk, respectively, for and on behalf of the City of Rosemount, a Minnesota municipal corporation, by and on behalf of said corporation. 5 Notary Public Kennedy Graven, Chartered CONSERVATION EASEMENT THIS INSTRUMENT is made by D.R. Horton, Inc. Minnesota, a Delaware corporation, Grantor. in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of the property described on Exhibit A attached hereto, which property is located in Dakota County, Minnesota (the "Property B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easement. A perpetual, non exclusive easement for flowage and conservation purposes over, under, across and through the Property. 2. Scope of Easement. Grantor, for itself, its successors and assigns, declares and agrees that the following prohibitions shall continue in perpetuity in the Easement Area: a. Constructing, installing or maintaining anything made by man. The foregoing notwithstanding, the Property will contain stormwater drainage equipment, to be installed and maintained by Grantee. b. Cutting or removing trees or other vegetation. Notwithstanding the foregoing, trimming trees to maintain their health, removing diseased trees and removing selected trees to allow sunlight to penetrate to limited parts of the Easement Area 291502v1 CLL RS220 -227 1 may be permitted, but only when approved by the Grantee. or as required by law, code or ordinance. The foregoing notwithstanding, a portion of the Property around the pond area is currently landscaped, and Grantor may maintain and, as necessary, replace such landscaping. c. Excavating or filling within the Easement Area. d. Applying chemicals for destruction or retardation of vegetation, unless first approved by the Grantee. e. Depositing of waste or debris. f. Applying herbicides, pesticides and insecticides. g. Applying fertilizers. h. Conducting activities detrimental to the preservation of the scenic beauty, vegetation and wildlife in the Easement Area. i. Removing, damaging, destroying or defacing any monuments or markers placed to delineate the Easement Area. 3. Grantor, for itself, its successors and assigns, grants to the Grantee the affirmative right, but not the obligation, to do the following in the Easement Area: a. Enhance the slope, trees, vegetation and natural habitat at no cost to the Grantor, Any such enhancements made by Grantee shall be maintained by Grantee, at no cost to Grantor. b. Enter upon the Easement Area at any time to enforce compliance with the terms of this Conservation Easement. c. Take such other action as the Grantee deems necessary or advisable in its sole discretion to enforce compliance with the terms of this Conservation Easement. d. Install and maintain monuments or markers delineating the Easement Area. e. In the event any of Grantee's activities cause damage to the Property, Grantee shall promptly repair such damage and restore the Property to the condition existing prior to Grantee's activities. 4. Warranty of Title. The Grantor warrants that it is the owner of the Property as described above and has the right, title and capacity to convey to the Grantee the Conservation Easement herein. 5. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release 291502v1 CLL R5220 -227 2 of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area or Property prior to the date of this instrument. 6. Binding Effect Enforceability. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, and Grantor's heirs, successors and assigns. This Conservation Easement is enforceable by the City of Rosemount acting through its City Council. STATE DEED TAX DUE HEREON: NONE Dated this day of 2006. GRANTOR: D.R. HORTON, INC.- MINNESOTA By Its GRANTEE: CITY OF ROSEMOUNT, MINNESOTA By Its STATE OF MINNESOTA SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2006, by the of D.R. Horton, Inc. Minnesota, a Delaware corporation, on behalf of said corporation. STATE OF MINNESOTA SS. COUNTY OF Minnesota. The foregoing instrument was acknowledged before me this day of 2006, by and the and of the City of Rosemount, NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 200 South Sixth Street 470 U.S. Bank Plaza 291502•1 CLL 115220 -227 3 Notary Public Notary Public