HomeMy WebLinkAbout6.s. Approval of Final Plat of Rosemount Family Housing, Subdivision Agreement an PUD Agreemnt, 06-57-FPAGENDA ITEM: 06 -57 -FP Final Plat of Rosemount Family
Housing
AGENDA SECTION:
Consent
PREPARED BY: Eric Zweber, AICP; Senior Planner
f
AGENDA NO. (1.6.
ATTACHMENTS: Final Plat Resolution, Rosemount Family
Housing Final Plat, Rosemount Family
Housing Site Plan, Subdivision
Agreement, PUD Agreement.
APPROVED BY
RECOMMENDED ACTION: Motion to adopt a resolution approving
Rosemount Family Housing.
Motion to authorize execution of the Subdivision Agreement
Development Agreement with the Rosemount Family Housing
the Final Iat of
and Planned Unit
Limited Partnership
ROSEMOUNT
CITY COUNCIL
EXECUTIVE SUMMARY
ISSUE
On December 19, 2006, the City approved the Comprehensive Plan Amendment, the Rezoning, the
Preliminary Plat, and the Planned Umt Development (PUD) Final Development Plan called Rosemount
Family Housing for the Rosemount Family Housing Limited Partnership (RFH, a ]muted partnership with
the Dakota County Community Development Agency as its General Partner). The development is of 32
townhouse units on 4 74 acres. The property is located generally at the northwest comer of Connemara
Trail and South Robert Trail.
Applicant.
Property Owners:
Location:
Area m acres:
Comp Plan Designation:
Zoning:
Proposed Units.
Density:
Rosemount Family Housing Limited Partnership
Rosemount Family Housing Limited Partnership and US Homes
Northwest corner of Connemara Trail and South Robert Trail
4.74 acres
Urban Residential and Transitional Residential
R -1 Low Density Residential and R -2 Moderate Density Residential
32 Townhouse Units
6.78 Units per Acre
The proposed development includes a parcel former owned by Christopher Kathleen Ostertag and part
of Outlot D of Evermoor Glendalough 7` Addition. Outlot D is owned by US Homes and will be
subdivided through this final plat, partially mto Lot 1 Blockl (the actual development), partially into the
Dodd Blvd right -of -way, and partially into Outlot C. Lot 1 Block 1 will be owned by the RFH, Dodd Bvld
will be dedicated to the City, and US Homes will maintain ownership Outlot C. To facilitate the
subdivision of Outlot D, the vacation of the drainage and utility easements will need to occur and is
address through a separate item on tonight's agenda.
The final plat also includes two other outlots that will be owned by RFH, Outlot A and Outlot B. Outlot
A is a remnant parcels located south of Connemara Trail and Outlot B is an open space remnant of the
Ostertag parcel located west of Dodd Blvd. Both outlots will be recorded with drainage and utility
easement over them.
The final plat is consistent with the preliminary plat approval. The City will need to enter into a
subdivision agreement and a PUD agreement with RFH to ensure that all the conditions of this and the
previous approvals will be met.
CONCLUSION
Staff recommends the approval of fmal plat and authorization to enter into a subdivision agreement and a
PUD agreement.
2
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2007-
A RESOLUTION APPROVING THE FINAL PLAT OF ROSEMOUNT FAMILY HOUSING
WHEREAS, the Community Development Department of the City of Rosemount received an
apphcation from Rosemount Family Housing Limited Partnership requesting Final Plat concerning
the former Ostertag parcel and Oudot D of Evermoor Glendalough 7th Addition into one lot and
three outlots, legally described as:
That part of the following description of property lying north of Connemara Trail:
That part of the South 736 06 feet of the North onehalf of the Southeast Quarter of Section 20,
Township 115, Range 19 lying Westerly of the occupied nghtof -way of State Highway 3 that hes
North of the following described line.
Commencing at the Southwest corner of said North onehalf of the Southeast Quarter, thence North
00 degrees, 21 minutes, 21 seconds West assumed bearing along the \Vest assumed bearing along the
West line of said North one -half of the Southeast Quarter a distance of 32 29 feet to the point of
beginning of said line to be hereinafter described: thence South 71 degrees, 53 minutes, 11 seconds
East a distance of 262.15 feet to the Westerly right-of- -way line of State Highway Number 3 and said
line there terminating, Dakota County, Minnesota
AND
Outlot D, Evermoor Glendalough 7e Addition, Dakota County
WHEREAS, on November 28, 2006, the Planning Commission of the City of Rosemount reviewed
the Preliminary Plat and Final Plat for Rosemount Family Housing; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the Preliminary Plat and Final Plat subject to conditions; and
WHEREAS, on December 19, 2006, the City Council approved the Prehtnmary Plat subject to
conditions; and
WHEREAS, on January 16, 2007, the City Council approved the vacation of the existing drainage
and utility easements of Oudot D, Evermoor Glendalough 7th Addition, and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves Final Plat for Rosemount Fanuly Housing, subject to:
1. Execution of the PUD Agreement.
2. Execution of the Subdivision Agreement.
3. Dedication of right -of -way of Connemara Trail and the new Dodd Blvd.
4. Dedication of drainage and utihty easements completely over all outlots.
5. Dedication of appropriate drainage and utility easement over Lot 1, Block 1 subject to
approval by the City Engineer.
6. Payment of all apphcable City fees.
7. Approval by the Minnesota Department of Transportation as needed.
8. Conditions with the Engineering memorandum dated November 20, 2006.
RESOLUTION 2007
ADOPTED this 16th day of January, 2007 by the City Council of the City of Rosemount.
ATTEST:
Amy Domeier, City Clerk
William H Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
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SUBDIVISION AGREEMENT
Rosemount Family Housing
AGREEMENT dated this day of 2006, by and between the CITY OF ROSEMOUNT,
a Minnesota municipal corporation, (the "City and ROSEMOUNT FAMILY HOUSING LIMITED
PARTNERSHIP, (the "Developer
1. 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 Rosemount Family Housing, 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
pubhc infrastructure and including grading, erosion control, streets, utilities, and street lights.
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, streets and
utilities.
3. Phased Develoument. 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 m 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.
5. 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 wntten 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
Plan D Plans and Specifications for Public Improvements
Plan E Grading Plan and House Pad Elevations
Plan F Street Lights
Plan G Landscape Improvements
Rosemount Family Housing
01/08/2007
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6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements
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
G. Other items as necessary to complete the development as stipulated herein or m other
agreements
7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6
which will serve the subject property by September 30th, 2008. 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, hereinafter referred to as "Public Infrastructure
Improvements" (known as City Project 404), shall be designed, inspected, surveyed and administered by
the City, and mstalled in the Subject Property at Developer expense by a Contractor selected by the City:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
Attachment Two 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 secunty 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. NOTE. The Developer will be
responsible for obtaining a pipeline crossing permit for grading work.
9. Deposit for Cost of Public Infrastructure Improvements. For the purpose of financing the
construction, installation and maintenance of the Pubhc Infrastructure Improvements, the Developer
shall promptly make payments to the City of sums deemed necessary by the City to make timely
payments to its contractor as follows:
a. Prior to the receipt by the City of bids for the Pubhc Infrastructure Improvements, the
Developer will pay to the City a cash deposit m the amount of One Hundred Twenty Thousand
Dollars ($120,000) 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
Rosemount Family Housing
01/08/2007
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and used to pay the City's contractor for Pubhc 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 two (2) weeks
after receipt of notice by the Developer.
c. No interest will be paid or credited to the 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 the Developer.
d. Upon execution of this Agreement, the Developer will provide a letter of credit m form
satisfactory to the City in the amount of Two Hundred Ten Thousand Dollars ($210,000)
[which is 110 of the estimated construction costs ($330,000) less the initial deposit of
$120,000], conditioned on the prompt and faithful performance by the 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 the City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, the City may, at
its option, assess the Subject Property m the manner provided by Minnesota Statutes, Chapter
429, and the Developer hereby consents to the levy of such special assessments without notice
of hearing and waives its rights to appeal such assessments pursuant to Mmnesota 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.
10. Security 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 irrevocable letter of
credit from a bank "security') in the amount of One Hundred Seventy -Nme Thousand, Eight Hundred
Fifty Dollars ($179,850), which is 110% of the estimated cost of the Developer Improvements. The
amount of the secunty was calculated as follows:
Refer to Exhibit A and Exhibit B for an explanation of each item.
Rosemount Family Housing
01/08/2007
Page 3 of 11
Cost
110%
Grading Erosion Control
$25,000
$27,500
Erosion Control Removal
$25,000
$27,500
Survey Monumentation
$500
$550
Landscaping
$101,000
$111,100
Street Lighting (3 lights)
$12,000
$13,200
Total
$163,500
$179,850
and used to pay the City's contractor for Pubhc 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 two (2) weeks
after receipt of notice by the Developer.
c. No interest will be paid or credited to the 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 the Developer.
d. Upon execution of this Agreement, the Developer will provide a letter of credit m form
satisfactory to the City in the amount of Two Hundred Ten Thousand Dollars ($210,000)
[which is 110 of the estimated construction costs ($330,000) less the initial deposit of
$120,000], conditioned on the prompt and faithful performance by the 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 the City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, the City may, at
its option, assess the Subject Property m the manner provided by Minnesota Statutes, Chapter
429, and the Developer hereby consents to the levy of such special assessments without notice
of hearing and waives its rights to appeal such assessments pursuant to Mmnesota 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.
10. Security 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 irrevocable letter of
credit from a bank "security') in the amount of One Hundred Seventy -Nme Thousand, Eight Hundred
Fifty Dollars ($179,850), which is 110% of the estimated cost of the Developer Improvements. The
amount of the secunty was calculated as follows:
Refer to Exhibit A and Exhibit B for an explanation of each item.
Rosemount Family Housing
01/08/2007
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The bank and form of the letter of credit or other security shall be subject to the approval of the City
Admuustrator. 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 this Agreement. In the
event of a default under this Subdivision Agreement by the Developer, the City shall furmsh the
Developer with written nonce by certified mail of Developers default(s) under the terms 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.
1L Grading Plan /Site Gr ading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be coordinated by the
City in conjunction with the installation of utilities. 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 as the site grading is completed by phase, with street and lot grades. If the
installation of utilities is occurring simultaneously with the grading, the utility contractor shall have
preference over the grading activities. No substantial grading activities can be completed over installed
utilities unless otherwise protected. 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 hcense
to enter the Subject Property to perform all work and inspections deemed appropnate 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 backfillmg operations shall be reseeded within 72
hours after the completion of the work m that area. Except as otherwise provided in the erosion control
plan, seed shall be rye grass or other fast growmg 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 off City right -of -way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed atound the perimeter of each lot or at City approved locations at the
time of building permit issuance and remain m 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 tune is cntical 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 nght also applies to the required
erosion control for basement and /or foundation excavation spoil piles. The City will attempt to notify
the Developer m 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
Rosemount Family Housing
01/08/2007
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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.
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 assignees. 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 24
hours verbal notice to the Developer, the City will complete or contract to complete the clean up at the
Developer's expense in accordance with the procedures specified m Paragraph 13. The Developer shall
inspect and, if necessary, clean all catch basins, sumps, and pon ding areas of erosion /siltation and
restore to the original condinon at the end of home construction within this development. During
winter months, removable inlet protection devices (such as WIMCOs) shall be removed, stored, and
reinstalled the following spring by the Developer. All silt fence and other erosion control should be
removed following the estabhshment 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 pubhc Improvements lying within pubhc rights -of -way and easements
shall become City property without further notice or action unless the improvements are slated as
private infrastructure.
17. Warranty. 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. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the Subject Property including, but not hmited to, Soil
and Water Conservation Distract charges, legal, planning, engmeermg and inspection expenses
incurred m 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 the 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, mcluding attomey's fees.
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01/08/2007
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C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement
of this Agreement, including engineering and attorney's fees. The estimated City fees of $94,411
shall be deposited with the City at the time this Agreement is signed, and represent the following
estimates-
$60,000 Engineering Design Fees
$12,000 Engineering Review Fees
$5,000 Attorney Fees
$15,000 5% City Fees
$360 Street Light Energy Cost
$2.051 Seal Coating
$94,411
If the City fees exceed this estimate, the Developer shall pay the additional costs to the City
within ten (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 of
building permits for lots which the Developer may or 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 time 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
$1.00 /SY. The sealcoating will be completed within two (2) years following wear course
placement.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section pilot to, or at the
time of execution of any plat by the City:
A. Park dedication fees in the amount of $108,800.
B. Geographic Information System (GIS) fees in the amount of $1,920.
C. Storm Sewer Trunk Area Charges in the amount of $36,270.
D. Sanitary Sewer Trunk Area Charges in the amount of $6,289.
E. Watermain Trunk Area Charges in the amount of $25,857.
F. Storm Water Ponding Fees in the amount of $34,632.
Or other amounts for such fees as in effect at the time of plat apptovaL
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01/08/2007
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20. The Developer understands that builders will be required to pay for the Subject Property fees, charges
and assessments m 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
$1,550).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit smgle
family currently at $690; multi- family currently at $260 per housing unit)
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
12 Water Availability Charges per SAC unit (currently at $1,480 /SAC unit for single family
residential and multi- family residential).
21. Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. The Developer's erosion control plan is implemented, inspected, and approved by the City.
C. All public utilities are tested, approved by the City Engineer, and in service.
D. All curbing is installed and backfilled.
E. The first lift of bituminous is in place and approved by the City.
F. All building permit fees are paid in full.
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, materialmen or agents. No occupancy permits shall be issued
until the pubhc streets and utilities referred to in paragraph 6 and 8 are m and approved by the City,
unless otherwise authorized in writing by the City Engineer.
22. Develo er'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 nonce 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 pertmssion 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.
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01/08/2007
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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 demal of building
permits, including lots sold to Hurd parties.
D. If any portion, 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 pubhc improvements caused by the City, the 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 waivers shall be m wntmg, signed by the
parnes and approved by wntten 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 inn with the land and may be 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 a release
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 arising, 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 tune 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 tight, power or remedy
I. The Developer may not assign this Agreement without the written permission of the City
Council.
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01/08/2007
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24. Notices. Requited notices to the Developer shall be in writing, and shall be either hand dehvered to the
Developer, its employees or agents, or mailed to the Developer by registered mail at the following
address:
Rosemount Family Housing Limited Partnership
c/o Dakota County CDA
1228 Town Center Drive
Eagan, MN 55123
Notices to the City shall be in wntmg and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address:
City Administrator
Rosemount City Hall
2875 145th Street West
Rosemount, Minnesota 55068
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01/08/2007
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2007, by William H Droste, Mayor, and Amy Domeier, City Clerk, of the City of Rosemount, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authonty granted by its City
Council.
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2007 by of
a on behalf of the said
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MiN 55068
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Amy Domeier, City Clerk
BY:
Its
Notary Public
Notary Public
Rosemount Family Housing
01/08/2007
Page 10 of 11
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 Control Removal —A security to allow for cleaning of sedimentation ponds poor to
City acceptance, and removal of any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of admuung lots (estimated lump sum).
S pey Monumentation An amount equal to 110% of the cost to monument all lots within the development.
Landscaping 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.
Retaining Walls 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 Monitoring 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).
Rosemount Family Housing
01/08/2007
Page 11 of 11
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THIS DECLARATION made this day of January, 2007, by the Rosemount Family
Housing Limited Partnership (hereinafter referred to as the "Declarant
WHEREAS, Declarant is the owner of the real property as described on Attachment One,
attached hereto and hereby made a part hereof (hereinafter referred to as the "Subject Property
and
DECLARATION OF COVENANTS
AND RESTRICTIONS
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 unique land use
characteristics of such proposed use, the planned unit development would not have been approved;
and
1
WHEREAS, as a condition of approval of the planned unit 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, 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. 2006 -130, Attachment Two
b. Rosemount Family Housing Final Plat, Attachment Three
c. Site Plans (Sheet CO 00 and C2.00), Attachment Four
d. Grading, Site Demolition, and Erosion Control Plans (Sheets C1.00 and
C3.00), Attachment Five
e. Utility Plan, SWPPP, and Utility Details (Sheets C4.00, C5.00, and C6.00),
Attachment Six
f. Landscape Plans (Sheets L1.00 and L2 00), Attachment Seven
g. Architectural Plans and Elevations (Sheets A1.00 to A1.50, A2.00, and
A2.10), Attachment Eight
h. Architectural Renderings, Attachment Nine
all of which attachments are copies of original documents on file with the City and are made a part
hereof.
2
2. Development and maintenance of structures and uses on the Subject Property shall
conform to the following standards and requirements:
a. Parking stalls shall be located no less than 20 feet from any public street
right -of -way.
b. The architectural standards for building elevations facing South Robert
Trail, Connemara Trail, and Dodd Boulevard shall be higher than those interior to the
site. Additional architectural details on these elevations shall include brick exteriors on
the bump outs of the rear elevations and shake siding of a different but complementary
color on the pediments of the side elevations.
c. Rain gardens shall be maintained by the Declarant, subject to the submittal
and approval of a rain garden management plan to the City Engineer.
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 developers of the Subject Property, the following
variances from City Zoning or Subdivision Code provisions were approved:
a. Section 11 -2 -15 F. Two Car Garages: Each unit within this development is
permitted to have a single stall garage provided that there is total off street parking provided
for an average of 2.5 stalls per unit.
b. Section 11 -4 -7 F.4.c. Parking Setback: Parking stalls maintain a minimum
of 20 feet of separation from the public street right -of -way.
3
In all other respects the use and development of the Subject Property shall conform to the
requirements of the City Code of Ordinances.
5. That part of the Subject Property platted as Outlot A and Outlot B may not be
improved without first securing from the City of Rosemount approval of a replatting of such outlots,
an amendment to the planned unit development of the Subject Property and an amendment to this
Declaration of Covenants.
6. 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.
STATE OF MINNESOTA
ss.
COUNTY OF
DECLARANT
By
Mark Ulfers
Its General Partner Representative
The foregoing instrument was acknowledged before me this day of 2007,
by the and
the for and on behalf of a
by and on behalf of said
4
Notary Public
Legal Description
That part of the following description of property lying north of Connemara Trail:
That part of the South 736.06 feet of the North one -half of the Southeast Quarter
of Section 20, Township 115, Range 19 lying Westerly of the occupied right -of-
way of State Highway 3 that lies North of the following described line:
Commencing at the Southwest corner of said North one -half of the Southeast
Quarter, thence North 00 degrees, 21 minutes, 21 seconds West assumed bearing
along the West assumed bearing along the West line of said North one -half of the
Southeast Quarter a distance of 252.29 feet to the point of beginning of said line
to be hereinafter described: thence South 71 degrees, 53 minutes, 11 seconds East
a distance of 262.15 feet to the Westerly right -of -way line of State Highway
Number 3 and said line there terminating, Dakota County, Minnesota.
AND
ATTACHMENT ONE
That part of Outlot D, EVERMOOR GLENDALOUGH 7 ADDITION,
according to the recorded plat thereof, Dakota County, Minnesota, lying
southeasterly of a line described as follows:
Commencing at the northeast corner of said Outlot D; thence South 00 degrees 21
minutes 21 seconds East, assumed bearing, along the east line of said Outlot D, a
distance of 630.98 feet to the actual point of beginning of the line to be described;
thence southwesterly, along a non tangential curve, concave to the northwest,
having a central angle of 29 degrees 13 minutes 01 seconds, a radius of 256.00
feet and an are distance of 130.54 feet, the chord of said curve bears South 50
degrees 35 minutes 49 seconds West; thence southwesterly along a tangential
reverse curve, concave to the southeast, having a central angle of 31 degrees 36
minutes 59 seconds, a radius of 316.00 feet and an are distance of 174.37 feet to
the south line of said Outlot D, the chord of said curve bears South 49 degrees 23
minutes 50 seconds West and said line terminating.
Being registered land as is evidenced by Certificate of Title no. 140566.
A RESOLUTION APPROVING THE DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY'S PLANNED UNIT DEVELOPMENT FINAL
DEVELOPMENT PLAN AND PRELMINARY PLAT FOR ROSEMOUNT FAMILY
TOWNHOMES
WHEREAS, the Community Development Department of the City of Rosemount received
an application from Dakota County Community Development Agency requesting a Planned
Unit Development Final Development Plan and Preliminary Plat approval concernmg
property legally described as:
That part of the following description of property lying north of Connemara Trail:
That part of the South 736.06 feet of the North one -half of the Southeast Quarter of Section
20, Township 115, Range 19 lying Westerly of the occupied right -of -way of State Highway 3
that lies North of the following described Ime:
Commencing at the Southwest corner of said North one -half of the Southeast Quarter, thence
North 00 degrees, 21 minutes, 21 seconds West assumed bearing along the West assumed
bearing along the West line of said North one -half of the Southeast Quarter a distance of
252.29 feet to the point of beginning of said line to be hereinafter described: thence South 71
degrees, 53 minutes, 11 seconds East a distance of 26215 feet to the Westerly right -of -way line
of State Highway Number 3 and said line there terminating, Dakota County, Minnesota
AND
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2006- 13 0
,Ati cHMENT 7 vJo
That part of Outlot D, EVERMOOR GT FNDALOUGH 7TH ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota, Lying southeasterly of a line described as
follows
Commencing at the northeast corner of said Outlot D; thence South 00 degrees 21 minutes 21
seconds East, assumed bearing, along the east line of said Outlot D, a distance of 630.98 feet
to the actual point of beginning of the line to be described, thence southwesterly, along a non
tangential curve, concave to the northwest, having a central angle of 29 degrees 13 minutes 01
seconds, a radius of 256 00 feet and an arc distance of 130.54 feet, the chord of said curve
bears South 50 degrees 35 minutes 49 seconds West, thence southwesterly along a tangential
reverse curve, concave to the southeast, having a central angle of 31 degrees 36 minutes 59
seconds, a radius of 316.00 feet and an arc distance of 174.37 feet to the south hne of said
Outlot D, the chord of said curve bears South 49 degrees 23 minutes 50 seconds West and
said hne terminating.
Being registered land as is evidenced by Certificate of Title no 140566.
WHEREAS, on November 28, 2006, the Planning Commission of the City of Rosemount
held a public hearing and reviewed Planned Unit Development Final Development Plan and
Preliminary Plat; and
Resolution 2006 -130
WHEREAS, on November 28, 2006, the Planning Commission recommended approval of
the Planned Umt Development Final Development Plan and Prehminary Plat, subject to
conditions; and
WHEREAS, on December 19, 2006, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendations; and.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Preliminary Plat, subject to.
1. Dedication of right -of -way of Connemara Trail and the new Dodd Blvd.
2. Dedication of drainage and utility easements completely over Outlot A and Outlot
B.
3. Dedication of appropriate drainage and utility easement over Lot 1, Block 1 subject
to approval by the City Engineer.
4. Approval by the Minnesota Depaiiruent of Transportation as needed.
5. Conditions with the Engmeenng memorandum dated November 20, 2006.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Council of the City of
Rosemount hereby approves the Planned Umt Development Final Development Plan, subject
to
1. Approval of the Comprehensive Plan Amendment from Rural Residential to
Urban Residential by the Metropolitan Council
2. Execution of a PUD agreement.
3. Incorporation of recommendations of the City Engineer regarding drainage,
easements, grading, storm water management and utilities including:
The applicant shall secure all permits agreements necessary for the proposed
crossing or grading of the pipeline easements.
The applicant will grade the new Dodd Blvd as part of their project and
provide a cash deposit to the City to pay for its future construction.
No parking will be permitted on the streets and turning radius information
shall be provided subject to approval by the Fire Marshal.
Additional storm water management detail is required including a maintenance
plan for the ram gardens.
Payment of connection and trunk fees required.
4. Park dedication in the form of cash in lieu of land m the amount of $108,800. (32
units x $3,400 per unit) based upon the 2006 fee schedule.
5. Approval and receipt of permits from the Minnesota Department of
Transportation as needed.
6. Eighteen common parking spaces shall be provided, based upon sixteen for the 32
units and two for the office.
7. The apphcant provide at a minimum, a setback of 20 feet between the units and
the private streets which will be sufficient for driveway parking. This requirement
is in recognition of the single stall garages proposed for the individual units
8. Provide a minimum of a 20 -foot setback for the off street parking stalls and the
new Dodd Blvd right -of -way.
ATTEST:
9. Any revisions necessary to the landscaping plan to conform to the sight triangle
standards for visibility at intersections will be required for all public and pnvate
intersections within the development.
10. The applicant provide a final site plan and grading plan addressing fisted conditions
for staff review and approval pnor to issuance of a grading permit
ADOPTED this 19 day of December, 2006 by the City Council of the City of Rosemount.
Amy Domeier, City Clerk
Motion by Baxter Second by: DeBettignies
Voted m favor:
Droste, Sterner, Baxter. DeBettignies
Voted against: None
Member absent: Shoe Corrigan
Resolution 2006 -130
William H Droste, Mayor
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