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