HomeMy WebLinkAbout6.n Request by ISD 196 for a Minor PUD Amendment to Allow Fifty (50) Share Parking Stall with Marcus Theaters, Case 11-15-AMDAGENDA ITEM: Case 11- 15 -AMD Request by ISD 196
for a Minor PUD Amendment to Allow Fifty
(50) Shared Parking Stalls with Marcus
Theaters
AGENDA SECTION:
Mint
AG to BY: NDA NO.
VI.
PREPARED Eric Zweber, Senior Planner
ATTACHMENTS: Location Map; Resolution; Minor PUD
Agreement Amendment; Amendment
Request Letter from ISD 196; First
Amendment to Easement Agreement; April
27, 2004 Heritage Development Office
Building Executive Summary; Carrousel
Plaza Office Building PUD Agreement.
APPROVED BY:
00
RECOMMENDED ACTION: Motion to Adopt a Resolution Approving a Minor
Amendment to the Carrousel Plaza Office Building Planned Unit Development (PUD)
Agreement Approving 50 Shared Parking Stalls with Marcus Theaters.
Motion to Authorize the Mayor and City Clerk to Execute an Amendment to the
Carrousel Plaza Office Building Planned Unit Development Agreement.
4 ROSEMOUNT
CITY COUNCIL
City Council Meeting Date: May 17, 2011
EXECUTIVE SUMMARY
ISSUE
The Independent School District (ISD) 196 administrative offices are located at 3455 153r St (the
southeast corner of Chippendale Ave and Carrousel Way). The building was originally constructed on
speculation as a multiple tenant office building, but several years ago ISD 196 bought the entire
building and relocated their administrative services to the site. They are the sole tenant of the building.
When the original building was approved, a shared parking arrangement for seven (7) parking stalls
with the Marcus Theaters property, to the east, was permitted as a part of the planned unit
development (PUD). This joint parking was approved partially because typical office uses have their
peak parking need during weekdays and movie theaters have their peak parking demand on nights and
weekends.
ISD 196 is requesting a minor PUD amendment to increase the shared parking to fifty (50) stalls with
Marcus Theaters. Staff is supportive of this request because the easement agreement is limited to 5:30
am to 5:00 pm, Mondays through Fridays which should not conflict with the movie theaters peak
parking use time. The private shared parking easement will be between the theater and office owners,
with the City's PUD memorializing the parking agreement through the PUD process.
RECOMMENDATION
Staff recommends the City Council approve a resolution to approve the minor amendment to the
Carrousel Plaza Office Building PUD agreement to allow the sharing of fifty (50) parking stalls
between ISD 196 and Marcus Theaters and the Mayor and City Clerk to sign the PUD agreement.
ISD 196
Disclaim ;r. Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch 400 feet
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2011
A RESOLUTION APPROVING A MINOR AMENDMENT TO THE CARROUSEL
PLAZA OFFICE BUILDING PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
APPROVING FIFTY (50) SHARED PARKING STALLS WITH MARCUS THEATERS
WHEREAS, the Community Development Department of the City of Rosemount received a
request from Independent School District (ISD) 196 to amend the Carrousel Plaza Office Building
Planned Unit Development (PUD) to allow fifty (50) shared parking stalls with Marcus Theaters;
and
WHEREAS, the fifty (50) shared parking stalls will be used at different times because the ISD 196
parking demand is during weekdays and the Marcus Theaters parking demand is during evenings and
weekends, and
WHEREAS, staff has prepared and recommends a Minor PUD Amendment to allow the fifty (50)
shared parking stalls, and
WHEREAS, on May 17, 2011, the City Council of the City of Rosemount reviewed the application
and staff's recommendations.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the fifty (50) shared parking stalls between ISD 196 and Marcus Theaters as follows:
1) Paragraph 4.a. of the PUD Agreement shall be amended as follows: Shared parking
of sever fifty (50) off street parking stalls with the movie theater property directly
to the east.
ADOPTED this 17 day of May, 2011, by the City Council of the City of Rosemount.
ATTEST:
Amy Domeier, City Clerk
William H. Droste, Mayor
AMENDMENT TO THE
CARROUSEL PLAZA OFFICE BUILDING
PLANNED UNIT DEVELOPMENT
APPROVING FIFTY (50) SHARED PARKING STALLS
WITH MARCUS THEATERS
THIS DECLARATION made this day of 2011, by and
between the INDEPENDENT SCHOOL DISTRICT 196 (hereinafter referred to as the
"Declarant"), and the CITY OF ROSEMOUNT, a Minnesota municipal corporation
(hereinafter referred to as the "City
WHEREAS, Declarant is the owner of the real property described as Lot 1, Block 1,
Carrousel Plaza Office Center, Dakota County, Minnesota, (hereinafter referred to as the
"Subject Property and
WHEREAS, the Subject Property is subject to a Planned Unit Development Agreement,
"Carrousel Plaza Office Building Planned Unit Development Agreement" signed April 10
2006, (hereinafter referred to as the "Planned Unit Development Agreement"); and
WHEREAS, Declarant wishes to amend the Planned Unit Development Agreement 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. The use and development of the Subject Property shall conform to the Planned Unit
Development Agreement except as modified herein.
1) Paragraph 4.a. of the PUD Agreement shall be amended as follows: Shared
parking of coven (7) fifty (50) off street parking stalls with the movie theater
property directly to the east.
1
2. Except as modified by paragraph 1 of this Amendment, the Planned Unit Development
Agreement shall remain in full force and effect.
3. The obligations and restrictions of this Amendment 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 Amendment 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
COUNTY OF
ss.
The foregoing instrument was acknowledged before me this day of
2011, by the for and
on behalf of Independent School District 196 by and on behalf of said corporation.
2
DECLARANT
Independent School District 196
By
Name
Its
Notary Public
This Amendment is approved and consented to by the City Council of the City of Rosemount.
CITY OF ROSEMOUNT
By:
William H. Droste, Mayor
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of 2011,
by William H. Droste and Amy Domeier, the Mayor and City Clerk, respectively, for and on behalf
of the City of Rosemount, a Minnesota corporation, by and on behalf of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
City of Rosemount
2875 145 Street West
Rosemount, MN 55068
651- 423 -4411
3
And by:
Amy Domeier, City Clerk
Notary Public
INDEPENDENT SCHOOL DISTRICT 196
Rosemount -Apple Valley -Eagan Public Schools
3455 153rd Street West
Rosemount, MN 55068 -4946
May 2, 2011
Mayor William Droste
2875 145 Street West
Rosemount, MN 55068
Dear Mayor Droste:
Independent School District 196 has been in negotiations with B G Realty, LLC to amend the
Heritage Parking Easement area to accommodate the school districts need for overflow parking.
The first amendment to the easement agreement has been approved by B G Realty, LLC and
Independent School District 196 but does require the City of Rosemount to also approve the
amendment.
I have enclosed the amendment signed by Jeffrey Solomon, Director of Finance and Operations.
Once signed by the appropriate person at the city, please return:: i the signed copy to my office at
the address listed above.
Sincerely,
Jeffrey M. Solomon
Enc.
Jeffrey M. Solomon
Director of Finance and Operations
651 423 -7713
651- 423 -7788 (fax)
jeff.solomon @district196.org
Educating our students to reach their full potential
#196. Serving all or part of Rosemount, Apple Valley, Eagan, Burnsville, Coates, Inver Grove Heights, Lakeville, and Empire and Vermillion Townships
www.districti96.org
FIRST AMENDMENT TO EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO EASEMENT AGREEMENT (the "Amendment
is made as of the day of 2011, by and between B G REALTY, LLC, a
Wisconsin limited liability company "B &G and INDEPENDENT SCHOOL DISTRICT 196, a
Minnesota as successor and assign to Heritage Development of Minnesota, LLC
"ISD196
RECITALS:
WHEREAS, B &G and Heritage Development of Minnesota, LLC entered into that
certain Easement Agreement dated April 10, 2006 and recorded in the Office of the County Recorder for
Dakota County, Minnesota on May 31, 2006, as Document No. 2433587 (the "Agreement
WHEREAS, the Agreement encumbers the property owned by B &G and legally
described as Lot 1, Block 1, Carousel Plaza South on file and of record in the Office of the County
Recorder, Dakota County, Minnesota (the "B&G Property");
WHEREAS, the Agreement encumbers the property owned by ISD196, which it
purchased from Heritage Development of Minnesota, LLC, which is legally described as Lot 1, Block 1,
Carrousel Plaza Office Center, on file and of record in the office of the County Recorder, Dakota County,
Minnesota (the "Heritage Property");
WHEREAS, the B &G Property and the Heritage Property comprise all of the property
that is encumbered by the Agreement and B &G and ISD196 are all of the Owners of all of the Lots
subject to the Agreement;
WHEREAS, B &G and ISD196 desire to amend the Agreement to allow ISD196 to park
additional vehicles on the B &G Property upon the terms and conditions more particularly set forth herein;
and
WHEREAS, pursuant to paragraph 15(e) of the Agreement, the Agreement may be
amended only by the written consent of all record Owners of all of the Lots and consented to in writing by
the City of Rosemount.
NOW THEREFORE, in consideration of the terms and provisions contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
the parties hereto, it is agreed as follows:
1. Ratification of Recitals. B &G and ISD196 ratify and affirm as a material part
hereof, the Recitals set forth in the opening paragraphs of this Amendment and represent and warrant to
the other that the Recitals are in all respects true and correct.
2. Capitalized Terms. Any capitalized term used but not defined herein shall have the
meaning ascribed to such term in the Agreement.
3. Grant of Parking Easement. Paragraph 3 of the Agreement is deleted in its entirety
and replaced with the following:
`B &G hereby grants to ISD196, its successors and assigns, as an easement appurtenant to
the Heritage Property, a perpetual, non exclusive easement for the purposes of parking up
to fifty (50) vehicles, on a short-term parking basis, between the hours of 5:30 a.m. and
5:00 p.m. on Mondays through Fridays, on the Westerly Ninety feet (W. 90') of the B &G
Property (the "Heritage Parking Easement ISD196, for itself and its successors and
assigns, accepts the grant of the Heritage Parking Easement subject to all matters of
record and existing facilities and structures within the Heritage Parking Easement area
and on the B &G Property, if any, as of the date of April 10, 2006."
4. Maintenance of Parking Easement. Paragraph 5 of the Agreement is deleted in its
entirety and replaced with the following:
`B &G shall maintain and repair the Heritage Parking Easement, area in a first class
manner and conformity with the standards of similar parking lots, including, without
limitation, the obligations to: maintain and repair the paved surfaces such that those
surfaces are smooth and evenly covered with the type of surfacing materials originally
installed on them or comparable surfacing materials equal in all respects to the original
surfacing materials in quality, appearance and durability; remove all paper, debris, filth
and refuse therefrom, maintain appropriate entrance, exit and directional signs, markers
and lights that may be reasonably required in accordance with the operation of similar
parking lots; clean and repair any light fixtures thereon and relamp and reballast the same
as needed; and, repair and repaint striping and all other similar markings as necessary to
maintain the Heritage Parking Easement area in a safe condition; and ISD196 shall
promptly remove all snow and ice from the Heritage Parking Easement in a first class
manner and in conformity with the standards of similar parking lots and as necessary to
maintain the Heritage Parking Easement area in a safe condition (the B &G obligations
and the ISD obligations are collectively referred to as the "Maintenance Work All
Maintenance Work performed on the Heritage Parking Easement area will be in
conformity with the design standards which have been approved by the City of
Rosemount at the time of the issuance of the building permit for the building to be
constructed on the Heritage Property."
5. Conflict. In the event of any conflict between the terms and provisions of this
Amendment and the terms and provisions of the Agreement, the terms and provisions of this Amendment
shall govern, control and prevail.
6. Ratification of Agreement. Except as hereby amended, the Agreement is and shall
remain in full force and effect in accordance with its terms.
7. Successors and Assigns. This Amendment shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
8. Inducement. To induce each other to enter into this Amendment, ISD196 and B &G
each represent and warrant to each other that (i) it is duly authorized and empowered to enter into this
Amendment and to perform fully its obligations hereunder; and (ii) such obligations constitute the valid
and binding obligations of such party, enforceable in accordance with their terms.
[remainder of page intentionally left blank]
IN WITNESS WHEREOF, B &G and ISD196 have executed this Amendment on the
date set forth below their signatures.
B &G:
B G REALTY, LLC,
a Wisconsin limited liability company
By: The Marcus Corporation, its Member
By: By:
Thomas F. Kissinger, Secretary Name:
Its:1) reed
STATE OF WISCONSIN
County of Milwaukee
The foregoing instrument was acknowledged before me this day of
2011, by Thomas F. Kissinger, as Secretary of The Marcus Corporation, as the
member of B G Realty, LLC, on behalf of such corporation.
STATE OF MINNESOTA
County of Dakota
SS.
SS.
The foregoing instrument was acknowledged before me this a day of
filet-‘1 2011, bye (c $1 1/ SoIav0 n as of Independent
School D strict 196, a Minnesota Schoo on behalf of said ibtsI G
KRISTIN A. FACTOR
k
Notary Public- Minnesota
xg u> .i v rtimisslon Expires Jan 31 2013
ISD196:
Independent School District 196
I oir oh
�''/urij�'r
newt) t' -e U Orir
Name:
Notary Public, State of Wisconsin
My Commission Expires:
d'ee,fit Qtzetiol
Name: KfIS n 19. Fhe--for
Notary Public, State of Minnesota
My Commission Expires: CO-fl 31, a013
The City of Rosemount hereby consents to the foregoing First Amendment to Easement
Agreement "Amendment This consent of the City of Rosemount shall be deemed limited solely to
this Amendment and the City of Rosemount reserves the right to consent or withhold consent with respect
to any further or additional amendments of the Easement Agreement.
IN WITNESS WHEREOF, the undersigned has, by its duly authorized officer executed this
instrument, as of 2011.
STATE OF MINNESOTA
County of Dakota
SS.
Consent of City of Rosemount
CITY OF ROSEMOUNT
By:
Name:
Title:
The foregoing instrument was acknowledged before me this day of
2011, by as of the City of
Rosemount, a Minnesota on behalf of said
Name:
Notary Public, State of Minnesota
My Commission Expires:
RECITAL&
EASEMENT AGREEMENT
This Easement Agreement "this Agreement is entered into as of this .day of April,
2006, by and between B G Realty, LLC, a Wisconsin limited liability company formerly known as B
G REALTY, INC. "B &G and HERITAGE DEVELOPMENT OF MINNESOTA,
LLC, a Minnesota limited liability company "Heritage
WHEREAS, B G is the fee owner of that certain real property legally described as Lot 1,
Block 1, Carrousel Plaza South on file and of record in the office of the County Recorder,
Dakota County, Minnesota (the "B G Property"); and
WHEREAS, Heritage is the fee owner of that certain property legally described as Lot 1,
Block 1, Carrousel Plaza Office Center, on file and of record in the office of the County Recorder, Dakota
County, Minnesota (the "Heritage Property and
WHEREAS, B G and Heritage desire to create, grant and accept certain easements for
access, parking and signage, as more fully described in this Agreement; and
WHEREAS, B G and Heritage desire to set forth these easement rights in writing to be
recorded with the land records for Dakota County, Minnesota.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, 13 G and Heritage agree as follows:
1. Grant of Access Easement to Heritage. B G hereby grants to Heritage, its
successors and assigns, as an easement appurtenant to the Heritage Property, a perpetual, non-
exclusive easement for the purposes of vehicular ingress and egress to and from the Heritage
Property from and to Carrousel Way for use by Heritage's Authorized Users (as defined below)
on and over the driveway that shall exist from time to time within the "Heritage Access
Easement legally described as the North Sixty feet (N. 60') of the West Sixteen feet
(W. 16') of Lot 1, Block 1, Carrousel Plaza South. Heritage, for itself and its successors
and assigns, accepts the grant of the Heritage Access Easement subject to all matters of
record and existing facilities and structures within the Heritage Access Easement area and on
the B G Property, if any, as of the date of this Agreement.
2. Grant of Access Easement to B G. Heritage hereby grants to B G, its successors
and assigns, as an easement appurtenant to the B G Property, a perpetual, non-
exclusive easement for the purposes of vehicular ingress and egress to and from the B G
Property from and to Carrousel Way for use by B G's Authorized Users (as defined
below) on and over the driveway that shall exist from time to time within the "B G
Access Easement legally described as the North Sixty feet (N. 60') of the East Sixteen feet
(E. 16') of Lot 1, Block 1, Carrousel Plaza Office Center. B G, for itself and its
successors and assigns, accepts the grant of the B G Access Easement subject to all
matters of record and existing facilities and structures within the B G Access Easement
area and on the Heritage Property, if any, as of the date of this Agreement. (The Heritage Access
Easement and the B G Access Easement are sometimes hereinafter referred to collectively as
the "Access Easements
3. Grant of Parking Easement to Heritage. B G hereby grants to Heritage, its
successors and assigns, as an easement appurtenant to the Heritage Property, a perpetual, non-
exclusive easement for the purposes of parking up to seven (7) vehicles, on a short-term
parking basis, on the Westerly Fifty feet (W. 50') of the B G Property (the
"Heritage Parking Easement Heritage, for itself and its successors and assigns, accepts the
grant of the Heritage Parking Easement subject to all matters of record and existing
facilities and structures within the Heritage Parking Easement area and on the B G
Property, if any, as of the date of this Agreement.
4. B G Sign Easement. Heritage hereby grants to B G, its successors and assigns, as an
easement appurtenant to the B G Property, a perpetual, non exclusive easement for the
purposes of constructing, repairing, replacing, maintaining and providing electricity to a
sign, on the Northerly Forty feet (N. 40') of the Westerly Forty feet (W. 40') of the Heritage
Property (the "B G Sign Easement in a form similar to that depicted on Exhibit "A"
attached hereto and made a part hereof. B G, for itself and its successors and assigns,
accepts the grant of the B G Sign Easement subject to all matters of record and existing
facilities and structures within the B G Sign Easement area and on the Heritage
Property, if any, as of the date of this Agreement. B G shall pay all costs and
expenses related to the construction, repair, maintenance and replacement of the actual sign
which is constructed within the B G Sign Easement area, except as provided below.
Heritage shall have the exclusive right to use a portion of the sign, noted as "Tenant"
on Exhibit "A" hereto, for advertising for the tenants in the building to be constructed on
the Heritage property and shall pay all costs associated with the construction, repair,
maintenance and replacement of the "Tenant" panels "Tenant areas All costs for the
construction (except individual panels for B G and Heritage), repair, replacement,
maintenance, and lighting of the sign (the "Sign Maintenance Work shall be split between
B G and Heritage in proportion to the total area of the portion of the sign attributable to
each party and its tenants. B G shall provide Heritage with written notice of the amount
of Heritage's share of the costs and expenses for the Sign Maintenance Work
together with the documentation substantiating such costs and expenses and Heritage shall
pay the substantiated costs and expenses within thirty (30) days after receipt of said
documentation.
5. Maintenance of Parking Easement. B G shall maintain and repair the Heritage Parking
Easement, area in a first class manner and in conformity with the standards of similar
parking lots, including, without limitation, the obligations to: maintain and repair the
paved surfaces such that those surfaces are smooth and evenly covered with the type of
surfacing materials originally installed on them or comparable surfacing materials equal in
all respects to the original surfacing materials in quality, appearance and durability; remove
all paper, debris, filth, refuse, snow and ice therefrom; maintain appropriate entrance, exit and
directional signs, markers and lights that may be reasonably required in accordance with the
operation of similar parking lots; clean and repair any light fixtures thereon and relamp and
reballast the same as needed; and, repair and repaint striping and all other similar
markings as necessary to maintain the Heritage Parking Easement area in a safe
condition (the "Maintenance Work All Maintenance Work performed on the
Heritage Parking Easement area will be in conformity with the design standards
which have been approved by the City of Rosemount at the time of the issuance of
the building permit for the building to be constructed on the Heritage Property.
6. Maintenance of Sign Easement Landscaping. Except as noted below in this paragraph,
Heritage shall, design, plant, replant, sod, trim, mow, rake, water, keep clear of trash and
2
debris, repair, maintain, replace and keep all landscaping improvements located in the B
G Sign Easement area in a visually pleasing, well maintained. healthy, high quality
manner and in keeping with the quality of the balance of the landscaping on the Heritage
Property (the "Landscaping Work Additionally, all Landscaping Work performed on the
B G Sign Easement area will be in conformity with the design standards which have
been approved by the City of Rosemount at the time of the approval of the sign to be
constructed on said easement. The maintenance obligations of Heritage contained herein
shall be enforceable by either B G, under the terms of this Agreement, or by the City of
Rosemount. B G shall pay to Heritage all costs and expenses related to the Landscaping Work
in the same proportion described in Paragraph 4 hereof.
7. Enforcement of Maintenance Oblieations for Access Easement. Heritage shall arrange for
the performance of the Maintenance Work on the Access Easements, with the costs and
expenses for the completed Maintenance Work to be paid fifty percent (50 by B G and
fifty percent (50 by Heritage. Heritage will obtain the consent of B G for any single
maintenance or repair that costs in excess of $300.00 before undertaking the same on the
Access Easements. Heritage shall provide B G with written notice of the amount of B
G's share of the costs and expenses for the Maintenance Work on the Access Easements, together
with the documentation substantiating such costs and expenses, and B G shall
pay the substantiated costs and expenses within thirty (30) days after.receipt of
said documentation. In the event Heritage pays for the Maintenance Work on the
Access Easements, B G shall reimburse Heritage for its share of the costs and
expenses within thirty (30) days after receipt of a statement therefor from Heritage
together with any documentation substantiating such costs and expenses.
8. Performance of Easement Agreement. If a party obligated hereunder. fails to timely and
completely perform one or more of its duties or obligations hereunder (for referenced purposes
the "defaulting party and such failure shall continue for thirty (30) days following
receipt of written notice from an owner of the other property (for reference purposes the
"nondefaulting party which thirty (30) day period may be extended a reasonable
amount of time (but not more than an additional sixty (60) days) as may be necessary to
permit the cure of said failure provided the same is of a nature which cannot be cured in a
thirty (30) day period and provided further that the defaulting party has promptly
commenced such cure and diligently prosecutes the same to its conclusion, then in addition to
any other rights or remedies available hereunder, the nondefaulting party shall have the right to
make any payment or perform any act required of the defaulting party, and in exercising
such right, to enter and occupy as long as necessary the parcel of the defaulting party and
incur necessary and incidental costs and expenses. Nothing herein shall imply any
obligation to make any payment or perform any act required of the defaulting party and the
exercise of such right shall not constitute a release of any obligation or waiver of any
default. All payments made and all costs and expense incurred in connection with any
exercise of such right shall be paid by the defaulting party to the nondefaulting party within
ten (10) days following its receipt of an itemized statement of such costs and expenses,
together with interest at an annual rate of fifteen percent (15 or the highest rate of
interest allowed by law, whichever is lower, from the respective dates of making such
payments or incurring such costs and expenses.
9. Reservation of Rights. B G reserves the right, to itself and to its successors and
assigns, to have the full use and enjoyment of the Heritage Parking Easement area and the
Heritage Access Easement area, except as to the rights granted by this Easement
Agreement.
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10. Abandonment. In the event the use of any easement granted by this Agreement is
discontinued for a period of twelve (12) months or longer, or is abandoned, said
easement shall, without notice, demand or re- entry, revert to the grantor thereof, its
successors or assigns. In such event, the grantee of the easement agrees to reconvey by
Quit Claim Deed to the grantor, its successors or assigns, the easement which was so
discontinued or abandoned. Notwithstanding anything to the contrary contained in this
paragraph, no easement shall be extinguished without the written consent of the City of
Rosemount.
1 1. Indemnification. Heritage agrees to indemnify, defend and hold B G harmless from any
and all losses or damage to property, or injury to or death of any and all persons, or from
any suits, claims, liability or demand in connection therewith resulting directly or
indirectly by reason of Heritage's exercise of any of its easement rights or use of any
easement area granted in this document, unless the same is caused by the negligence or
willful act of B G. B 0 agrees to indemnify, defend and hold Heritage harmless
from any and all losses or damage to property, or injury to or death of any and all
persons, or from any suits, claims, liability or demand in connection therewith resulting
directly or indirectly by reason of B G's exercise of any of its easement rights or use of any
easement area granted in this document, unless the same is caused by the negligence or
willful act of Heritage.
12 Notices. Any notice provided for or permitted to be given pursuant to this Agreement
shall be in writing and shall be deemed to have been properly given (i) upon receipt, if hand
delivered; (ii) three (3) days after the deposit thereof at any main or branch United States
Post Office, if sent postage prepaid by United States registered or certified mail, return
receipt requested; or (iii) on the first business day following deposit thereof at the office or
drop box of a nationally recognized overnight delivery service, if sent by such service,
addressed to the party receiving notice as follows:
If to B G:
B G Realty, LLC
100 East Wisconsin Avenue
Suite 1900
Milwaukee, WI 53202
Attention: Legal Department
If -to Heritage:...
Heritage Development of Minnesota, LLC
422 East County Road D
Little Canada, MN 55117
Attention: Mr. John Dobbs
B G Realty, LLC
100 East Wisconsin Avenue
Suite 2000
Milwaukee, WI 53202
Attention: Mr. Mark Gramz
Each party shall provide the other with additional and /or corrected addresses for notice
purposes when such change of address occurs and shall provide the names and addresses of its
successors and assigns.
14. Ratification of Recitals. Heritage and B G ratify and affirm as a material part hereof,
the "RECITALS" set forth in the opening paragraphs of this Agreement and represent
and warrant to the other that the "RECITALS" are in all respects true and correct.
4
15 B G and Heritage further agree as follows:
a. All of the easements, covenants, agreements, benefits and burdens set forth in this
Agreement are intended to and shall be construed as covenants running with the
land, binding upon, and inuring to the benefit of and enforceable by the parties
hereto and their respective successors and assigns. Upon any party's
conveyance of all of its interest in its respective parcel, the transferring party shall be
relieved of any further liability under this Agreement arising on or after the date of
said transfer and such transferee shall be deemed to have assumed all
obligations of the transferor hereunder.
b. B G and Heritage, and their respective successors and assigns, may enforce
their rights under this Agreement in any manner provided by law or equity,
including without limitation, a suit for damages or injunctive relief. All attorney fees,
legal costs and expenses of any such suit or proceeding shall be awarded to the party
whose position is substantially upheld.
c. The term of this Agreement shall commence on the date that this instrument
is filed of record with the land records of Dakota County. This Agreement may be
terminated by a written instrument signed by all of the then owners of the B
G Property and the Heritage Property, and consented to by the City of
Rosemount. Any purported attempt to terminate this Agreement in any other
manner shall be null and void, except as provided for in Paragraph 10 hereof.
d. This Agreement shall be governed and construed in accordance with the laws of the State
of Minnesota.
e. No agreement or amendment shall be effective to add to, change, modify, waive or
discharge this Agreement in whole or in part, unless such agreement is in writing
and signed by all parties bound hereby, and consented to in writing by the City of
Rosemount.
f. The invalidity or unenforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provision.
No delay or omission by any of the parties obligated hereunder to exercise any
right or power accruing upon any non- compliance or failure of performance by
another party under the provisions of this Agreement shall impair any such right or
power or be construed to be a waiver thereof. A waiver by any such party
hereunder of any of the covenants, conditions or agreements hereof to be
performed by another shall not be construed to be a waiver of any succeeding
default hereunder of any other covenants, condition or agreement herein contained.
h. In addition to all other rights or remedies available under this Agreement or at law
or in equity, all amounts payable under any of the provisions of this Agreement by one
party to another party (including all reimbursements, damages, costs and
attorneys' fees), together with interest payable thereon as hereinafter
provided, shall constitute a lien against the Property (including all
improvements thereon and the rents, profits and proceeds thereof) of the party
from whom such payment is due, in favor of the party (and its successors and
assigns) to whom such payment is to be made. Each such lien shall be deemed
to arise as of the date on which payment shall be due as specified in this
g.
5
All amounts payable under any of the provisions of this Agreement by a party to
another party (including all reimbursements, damages, costs and attorneys' fees)
shall bear interest at the Default Rate (as defined below) from and after the date on
which payment is due as specified in this Agreement, or if not so specified,
then from and after the date on which such payment obligation shall have first
arisen, which interest shall continue to accrue (without compounding) until such
amounts and interest are paid in full. Partial payments shall be applied first
to interest and then to principal. For purposes hereof, the "Default Rate" shall be
the lesser of (a) fifteen percent (15 per annum; or (b) the highest rate
permitted by applicable law.
Agreement, or if not so specified, then on the date such payment obligation shall
have first arisen. A party entitled to such lien shall be entitled to record any
notice or other evidence of such lien. Said lien may be foreclosed in the manner
specified in Minnesota Statutes for the foreclosure of a mortgage by action. The
liens created hereunder shall be in addition to any judgment liens or other
statutory liens to which a party may be entitled, and the rights and remedies of a
party under statutory or judicial procedures with respect to such other liens shall
not be deemed limited in any manner by any provisions hereof
Nothing contained herein will be deemed to be a gift or dedication of any
portion of the B G Property or the Heritage Property to the general public, or
for the general public, or for any public purpose whatsoever, it being the intention of
the parties that this Agreement will be strictly limited to B G and Heritage
and the respective successors and assigns of each for the purposes expressed herein.
k. As used in this Agreement, "Heritage's Authorized Users" refers to Heritage
and its tenants, partners, franchisees, subtenants, successors, assigns,
concessionaires, agents, consultants, officers, suppliers, patrons, customers, guests,
employees and invitees.
1. As used in this Agreement, "B G's Authorized Users" refers to B G and its
tenants, partners, franchisees, subtenants, successors, assigns, concessionaires, agents,
consultants, officers, suppliers, patrons, customers, guests, employees and
invitees.
m. The paragraph captions of this Agreement are inserted for convenience and reference
only and shall not be deemed to define, limit or construe the provision hereof.
n. To induce each other to enter into this Agreement, Heritage and B G each represent
and warrant to each other that (i) it is duly authorized and empowered to enter into
this Agreement and to perform fully its obligations hereunder; and (ii) such
obligations constitute the valid and binding obligations of such party, enforceable in
accordance with their terms.
o. Nothing in this Agreement creates or shall be deemed to create a relationship of
partnership, joint venture or association between B G and Heritage.
6
LN WITNESS WHEREOF, B G and Heritage have executed this Agreement on the date first
above written.
B G Realty, LLC
f /k/a B G Realty, Inc
By: The Marcus poration its Member
By: B
Name: omas F. Kissi Name:
Title: Secretary Title:
STATE OF WISCONSIN
SS
COUNTY OF MILWAUKEE
The foregoing instrument was acknowledged before me this 20 day of
4vCl t. 2006, by Thomas F. Kip ii$0 ,s Secretary of The Marcus Corporation as the member of
B G Realty, LLC on behalf of s §%E1;cprpora iin
STATE OF MINNESOTA
SS
COUNTY OF RAMSEY
This instrument was drafted by:
Marc L. Kruger, Esq.
418 East County Road D
Little Canada, MN 55117
C i:D CE
STRUEDER
Heritage Development of Minnesota, LLC
7
tary�ublic 2 4----
icsr G v�
0
ev Y/� 474,49/
The foregoing instrume +t as acknowled_ be re me thi t
Y
day of
t 2006, by :s_ /,1� as of Heritage
De elopment of Minnesota, LLC, a Minnesota limited liability company, on behalf of said limited liability
company.
v
SALLY J. SWANSON
Notary Public
Minnesota at, 2oto
Commission Expires Jary
"A/ 4/
Notary Public'
EXHIBIT "A"
(Th MONUMENT 516N
100 bGALE k t•-0.
AGENDA ITEM: Heritage Development, LLC
Site Plan and Planned Unit Development
AGENDA SECTION:
Public Hearing
PREPARED BY: Jason Lindahl, A I C.P.
Assistant City Planner
AGENDA NO. 6E
ATTACHMENTS: Site Location Map, Site Plan, Landscape Plan,
Building Elevations, Floor Plans, Lighting Plan,
Utility Plan, Grading Plan, Area Plat, Sign Plan
APPROVED BY:
RECOMMENDED ACTION: Motion to recommend the City Counc'I approve the site plan
and Planned Unit Development (PUD) to allow the construction of a two -story 25,400
square foot office building with shared parking and signage on the property located on the
southeast corner of Chippendale Avenue and Carrousel Way, subject to the conditions
outlined below.
1. Issuance of a building permit.
2. Submission of a joint access easement between Heritage Development, LLC and
the movie theater property for the northeast access from Carrousel Way. This
agreement shall be reviewed and approved by the City Attorney.
3. Submission of a shared parking agreement between Heritage Development, LLC
and the movie theater property for 7 parking stalls. These stalls shall be aligned with
the east entrance and connected to that entrance by a sidewalk and striping of a
pedestrian walkway in the parking lot. This agreement shall be reviewed and
approved by the City Attorney.
4 Redesign the parking area to have a minimum 3 5' planting area adjacent to the
building, a 19' interior row of parking, a 24' drive lane, and an 18' outer row of
parking.
5. Relocate the trash enclosure to the first stall in the western row of parking The
landscaping planned for the original location should also be moved to the new
location.
6. Replace four parking stalls with landscaped areas containing at least one deciduous
tree and foundation plantings. The stalls to be replaced with landscaped areas are
located at the four corners of the interior row of parking and shall be replaced by the
shared parking agreement
7. Create three foot berms along Chippendale Avenue and 153 Street and increase
the number of trees along 153 Street from 8 to 19 All 19 trees shall be coniferous
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
Planning Commission Meeting Date: Aril 27, 2004
and shall be planted in staggered rows with 10 foot spacing
8. Placement of a shared ground monument sign on the northwest corner of the subject
property. This sign shall be the only ground sign on the office building site.
9. The movie theater site may request one additional ground monument sign. This sign
must be located along the east side of the movie theater site and may not exceed
62.3 square feet (2 X 80 160 97.7 62.3).
10. Submission of a revised lighting plan demonstrating all parking and building lighting
will conform to the exterior lighting performance standards.
11 Submission of a revised site plan illustrating sidewalks and /or stairways from the trail
along Chippendale Avenue to the parking area and from the shared parking on the
movie theater site to the parking area. The applicant shall also stripe crosswalks
from the end of the sidewalks to the building's entrances These pedestrian
connections will eliminate two parking stalls which shall be replaced by the shared
parking agreement.
12.The developer shall adequately address the City Engineer concerns as outlined in
the staff report, including payment of all associated fees and charges.
ACTION:
ISSUE
The applicant, Heritage Development of Minnesota, LLC, requests site plan and Planned
Unit Development (PUD) approvals to allow the construction of a two -story 25,400 square
foot office building with shared parking and signage for the property located on the
southeast corner of Chippendale Avenue and Carrousel Way. Should the City approve
the proposal, the multi- tenant office building would share a ground monument sign and
parking with the movie theater property directly to the east.
BACKGROUND
Applicant Property Owner(s).
Location*
Area in Acres:
Comp Guide Plan Desig:
Current Zoning
SUMMARY
Heritage Development of Minnesota, LLC
South east comer of Chippendale Avenue and
Carrousel Way
2.05
BP Business Park
BP 3, Business Park 3
Planned Unit Development
The purpose of a Planned Unit Development (PUD) is to allow flexibility from typical
2
i
Building Performance Standards for the BP-3 District
Standard
Requirement
Proposal
Status
Front Yard
40 ft.
98.25 ft.'
Conforming
Side Yard
30 ft.
93 75 79 25 ft.
Conforming
Rear Yard
30 ft
84.75 ft.
Conforming
Building Height
40 ft.
29 ft.
Conforming
Maximum Lot
Coverage
75%
68%
Conforming
zoning performance standards to encourage higher quality development. This process
involves an exchange in which the City eases certain performance standards in return
for an enhanced development In this case, the City is waiving the off premise sign
prohibition and allowing shared parking in exchange for shared driveways, improved
site design, and enhanced landscaping and berming. The specifics of these
enhancements are detailed in the site plan review below.
Site Plan
Land Use Zoning. The proposed multi- tenant office building is consistent with the
current land use and zoning designations for the subject property. The 2020 Land Use
Plan guides the property as BP Business Park while the Zoning Map designates the
site as BP -3, Business Park 3 Multi- tenant office buildings are permitted uses under
both classifications. The following table compares the required building performance
standards with those proposed by this development.
1— Setback from Chippendale Avenue
2- Setbacks for both Carrousel Way and 153' Street.
Access Parking. The parking area will have a bituminous surface surrounded by
concrete curb and cutter. The parking area will be accessed from two curb cuts. The
northeast curb cut is located along Carrousel Way and will be shared with the movie
theater while the southeast curb cut is located along 153` Street. Staff recommends
that a condition of approval require the applicant to submit a joint access easement for
the northeast access from Carrousel Way for review and approval by the City Attorney.
Section 8.1 H outlines the off street parking standards for office buildings and requires
five stalls for every one thousand (5/1,000) square feet of building area In this case,
the 25,400 square foot building requires 127 stalls The site plan shows 128 total stalls
or one more than required by ordinance. However, as part of the PUD, staff is requiring
additional landscaping and pedestrian walkways within the parking area that will result
in the elimination seven stalls These stalls shall be replaced through a joint parking
agreement as outlined in Section 8 1.D of the zoning ordinance.
Staff recommends that a condition of approval require the applicant to submit a shared
parking agreement with the movie theater for 7 stalls. These stalls shall be aligned with
the east entrance and connected to that entrance by a sidewalk and striping of a
pedestrian walkway in the parking lot Staff is comfortable that the two uses have off
peak parking usage and therefore the sharing of 7 stalls will not cause a hardship on
3
either of the two business uses, as currently proposed
As designed, the 9' by 20' parking stalls and 24' drive lanes within the parking lot meet
the minimum standards as outlined in the zoning ordinance. However, staff
recommends minor design changes to add a sidewalk around the perimeter of the
building. Starting from the edge of the building, staff recommends redesigning the
parking area to have a minimum 3 5' planting area, 19' interior parking stalls, 24' drive
lane, and 18' outer parking stall, This design will separate pedestrian and automobile
traffic by adding a sidewalk around the building, while still allowing room for parking and
landscaping.
Loading. The site plan illustrates bus /straight truck turning dimensions that overrun the
proposed drive lanes Staff recommends that a condition of approval require the
applicant to redesign the parking area to accommodate all necessary truck turning
dimensions It is unclear if larger trucks will be accessing the site. If the developer
believes that smaller trucks will be providing most of the deliveries, turning radii for
garbage trucks and smaller "box" trucks may be acceptable.
Exterior Building Materials Staff finds the proposed budding meets the exterior
materials standards for properties in the BP -3 District outlined in Section 7 2.A of the
Zoning Ordinance. The ordinance requires 50 percent of all exterior walls to be faced
with one or a combination of the following materials. brick, decorative block, glass,
stucco, stone, or architectural concrete panels This standard increases to 100% for all
surfaces facing public rights -of -way or residential uses or districts. As proposed, the
exterior matenals of this building will consist of a 3' culture stone veneer base with two
colors of stucco walls and a standing seam metal roof. Budding accents include a
covered west side entrance, cultured stone veneer chimneys, and glass and steel
windows
Trash Enclosure. Staff finds the proposed trash enclosure consistent with the
performance standards for waste container enclosures The site plan illustrates the
trash enclosure in the site's northeast corner south of Carrousel Way The enclosure
will be constructed of masonry block painted to match the principal building with a
concrete slab and a Cedar gate While the enclosure meets the construction standards,
staff recommends relocating it to a less visible location behind the building to the first
stall in the western row of parking The landscaping planned for the original location
should also be moved to the new location.
Landscaping Berming. The landscape plan meets the minimum landscape and
plantings requirements for a permitted use within the BP District. However, this
application is presented as a PUD which allows the City to require higher standards. As
a result, staff recommends minor changes to increase screening and the overall year
round appearance of the site These recommendations as well as an analysis of the
landscape plan are provided below.
4
The landscape plan calls for a mixture of Spruce, Ash, Hackberry, Lilac, Oak, and
Maple trees along with a variety of shrubs The Zoning Ordinance also requires all
areas not occupied by building or hardcover be landscaped with sod, rock, or mulch.
The performance standards for the BP District require landscaping within parking areas.
To meet this standard, staff recommends as a condition of approval that the applicant
eliminate four parking stalls and replace them with landscaped areas containing at least
one deciduous tree and foundation plantings The stalls to be replaced with landscaped
areas are located at the four corners of the interior row of parking and will be replaced
by the shared parking agreement.
Section 8.2.C. requires a 90% opacity screen for parking areas adjacent to residential
districts To meet this requirement, staff recommends adding three foot berms along
Chippendale Avenue and 153 Street. in addition, staff recommends increasing the
number of trees along 153 Street from 8 to 19. All 19 trees shall be coniferous and
shall be planted in staggered rows with 10 foot spacing
Signage. By ordinance, properties in the BP District are limited to one ground
monument sign not to exceed 20 feet in height or 80 square feet As part of the PUD,
the applicant requests one 16' 7" by 12' 5" monument sign totaling 97.7 square feet.
This sign will be shared with the adjacent movie theater Staff can support the larger
shared sign which affords visibility to the office building and the movie theater Support
is based predicated on two conditions First, the sign shall be the only ground sign on
the office building site. Second, should the movie theater request another sign, it must
be located along the east side of the movie theater site and may not exceed 62 3
square feet (2 X 80 160 97.7 62.3). In other words the combination of the two
signs could not exceed the total sign square footage allotted for the two signs on each
property.
Exterior Lighting. The exterior lighting plan appears to meet the lighting performance
standards for the BP District. The plan illustrates eight pole lights in the parking area all
of which should not cast light beyond the site However, the building elevations
illustrate 20 wall lights with no photometrics. Staff recommends that a condition of
approval require the applicant to demonstrate that all exterior lighting will be directed
toward the ground and will not exceed 0 5 lumens at any property line.
Engineering Upon review of the Heritage Carrousel Plaza site plans dated March 17,
2004 and received on March 23, 2004, the Engineering Department offers the following
comments.
Any retaining wall over 4 -feet in height requires design by a licensed
structural engineer. A profile of the retaining wall showing top and bottom
elevations shall be provided for review.
Owner /Contractor shall be responsible for acquisition of NPDES Storm
Water Permit.
5
Provide erosion control and restoration plans. A rock construction entrance
that matches the City's specifications shall be included in the plans The
following erosion control notes shall be added to the plans:
o Silt fence must be installed prior to construction and maintained by
the contractor for the duration of the project.
o SWPPP must comply with NPDES Phase II requirements and City of
Rosemount's requirements for erosion control
o Inlet protection is required on all catch basin structures until such
time that the site fully stabilized.
The silt fence detail should match the heavy -duty silt fence detail as
specified in the City of Rosemount Standard Specifications Manual.
Additional catch basins shall be installed in the parking lot to minimize large
spreads and ponding that can be associated with such flat grades. Also,
catch basins shall be installed in the south entrance to minimize flow off
site.
The final catch basin structure before leaving the site shall have a 2 -foot
sump.
Earthwork calculations shall be provided for review.
Silt fence should be extended in the northwest corner to Carrousel Way.
There is an existing 8 -foot bituminous trail located along Chippendale
Avenue; the site plan should reflect this.
As part of the development of this site the construction of a 5 -foot concrete
walk shall be installed along Carrousel Way for the length of the subject
property The concrete walk detail shall depict a minimum 12 -inch select
granular base.
A grading permit will be required with a bond at $3000 per acre.
The City Fire Marshall shall review water connection for fire suppression
standards.
The fight pole that is proposed on the south side of the lot shall be relocated
to a location that is not directly on top of the sanitary sewer service line.
"Stop" should be reworded to "Stub" in the description for the services on
page 2 and the word construct is misspelled in the detail for MH -1 on page
2.
6
Estimated fees for the site are as follows:
o Trunk Sewer Area Charges 2.1 AC x $1015IAC $2,131.50
o Trunk Water Area Charge 2.1 AC x $4010 /AC $8,421 00
o Trunk Storm Area Charge 2 1 AC x $4575/AC $9607 50
o Sewer Connection Fees SAC units are calculated by MCES
MCES Fee $1350 /SAC
City Fee $1125 /SAC
o Water Connection (WAC), 2 -inch meter $12,155.00
o Storm Connection (STAC) 2 1 AC x $1,525/AC $3202.50
o Ponding Fee 2.1 AC x $6,098 /AC $12,805.80
o Trail Reimbursement Cost along Chippendale Avenue $6,124.80
Pedestrian Circulation. In addition to the sidewalk along Carrousel Way, staff
recommends the applicant provide pedestrian connections to the office building as part
of the PUD Specifically, the applicant shall provide a five -foot sidewalk from the trail
along Chippendale Avenue to the parking area and stripe a crosswalk from the end of
the sidewalk to the building's west entrance. The applicant shall also provide a stairway
and sidewalk connection from the shared parking on the movie theater site to the office
parking lot and a striped crosswalk from the edge of the parking lot to the building's east
entrance These pedestrian connections will eliminate two parking stalls which should
be replaced by the shared parking agreement.
Park Dedication. Park dedication fees are typically paid as part of the final plat
approvals. Therefore, no park dedication is due as part of this site plan /PUD application.
CONCLUSION
Overall staff is supportive of the current proposal The building and site plan generally
meet the ordinance requirements of the underlying BP zoning Additionally, because of
the PUD request, staff is asking for additional Landscaping and some modifications to
the site design to provide more pedestrian access. The PUD also allows for a shared
freestanding sign between the office and movie theater properties. This is acceptable to
staff so long as the amount of signage between the two properties does not exceed
what would be permitted for the sites independently. Shared access and parking are
also necessary to successfully meet ordinance standards and achieve some of the staff
recommendations for landscaping and the addition of a building perimeter sidewalk.
7
and
8
0
YE�
WOMY
THIS DECLARATION made this WI" day of 2006, by Heritage
Development of Minnesota, LLC (hereinafter referred to as the "Declarant
WHEREAS, Declarant is the owner of the real property described as Lot 1, Block 1,
Carrousel Plaza Center, Dakota County, Minnesota (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 25,400 square foot commercial office building
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;
RECEIve
MAY 1 9 2006
s
1
DECLARATION OF COVENANTS
AND RESTRICTIONS
CARROUSEL PLAZA OFFICE BUILDING
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 Restnctions
(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. 2004 -69, Exhibit One
b. Site Plan dated 4- 22 -04, Exhibit Two
c. Landscape Plan dated 5- 10-04, Exhibit Three
d. West and South Elevations dated 3- 23 -04, Exhibit Four
e. East and North Elevations dated 3- 23 -04, Exhibit Five
f. Lighting Plan dated 4- 22 -04, Exhibit Six
g. Utility Plan dated 3- 17 -04, Exhibit Seven
h. Grading Plan dated 3 -17 -04, Exhibit Eight
i. Plat, Exhibit Nine
j. Monument Sign Plan dated 3- 12-04, Exhibit Ten
all of which are copies of original 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:
2
restrictions.
a. All standards and plans identified in this PUD declaration of covenants and
b. All current and applicable standards for 25,400 square foot office buildings
located in the BP -3, Business Park 3 District identified in Ordinance B, the Zoning
Ordinance, Ordinance Number XVII.4, the Subdivision Ordinance, and all other applicable
federal, state and county standards.
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. Shared parking of seven (7) off street parking stalls with the movie theater
property directly to the east.
b. Shared access from both Carrousel Way and 153 Street.
c. Shared signage with the movie theater property directly to the east.
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 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.
3
1N 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 RAMSEY
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered (CLL)
470 Pillsbury Center
200 South Sixth Street j6f`lau-+n -`b
Minneapolis, MN 55402
(612) 337 -9300
4
HERITAGE DEVELOPMENT OF
MINNESOTA,. SL (DECLARANT)
By
The foregoing instrument was acknowledged before me this day of April, 2006, by
Edward John Dobbs, the Vice President of Heritage Development of Minnesota, LLC, a
Minnesota limited liability company, on behalf of said limited liability company.
Ed John Dobbs
Its Vice President
/tif
Notary ubhc
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004- 69
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT FINAL
DEVELOPMENT PLAN FOR HERITAGE DEVELOPMENT CARROUSEL PLAZA
OFFICE BUILDING
WHEREAS, the Community Development Department of the City of Rosemount received an
application from Heritage Development of Minnesota, LLC requesting approval of a Planned
Unit Development Final Development Plan for construction of a two -story 25,400 square foot
office building with shared parking and signage on the property located on the southeast corner
of Chippendale Avenue and Carrousel Way, legally described as:
Lot 1 Block 1, Carrousel Office Plaza Center, Dakota County, Minnesota
WHEREAS, on April 27, 2004, the Planning Commission of the City of Rosemount reviewed
the request for approval of a Planned Unit Development Final Development Plan for Heritage
Development of Minnesota, LLC for construction of the Carrousel Plaza office building; and
WHEREAS, the Planning Commission of the City of Rosemount found the site plan for
Carrousel Plaza office building consistent with current land use and zoning designations for the
subject property; and
WHEREAS, the Planning Commission of the City of Rosemount found the site plan for
Carrousel Plaza office building consistent with minimum standards for access parking,
building materials, trash enclosure, landscaping and berming, signage and lighting for the subject
property; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the application for a Planned Unit Development Final Development Plan for Heritage
Development of Minnesota, LLC for construction of the Carrousel Plaza office building subject
to conditions; and
WHEREAS, on May 18, 2004, the City Council of the City of Rosemount reviewed the
Planning Commission's recommendation and the application for a Planned Unit Development
Final Development Plan for Heritage Development of Minnesota, LLC for construction of the
Carrousel Plaza office building and
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the Planned Unit Development Final Development Plan for Heritage Development of
Minnesota, LLC for construction of the Carrousel Plaza office building, subject to the following
conditions:
I Issuance of a building permit.
2. Submission of a joint access easement between Heritage Development, LLC and the
movie theater property for the northeast access from Carrousel Way. This agreement
shall be reviewed and approved by the City Attorney. The applicant must also obtain a
cross access agreement to use 153` Street or demonstrate that legal access is already
granted to the subject property.
3. Submission of a shared parking agreement between Heritage Development, LLC and the
movie theater property for 7 parking stalls. These stalls shall be aligned with the east
entrance and connected to that entrance by a sidewalk and striping of a pedestrian
walkway in the parking lot. This agreement shall be reviewed and approved by the City
Attorney.
4. Submission of a shared signage agreement between Heritage Development, LLC and the
movie theater property. This agreement shall allow one ground monument sign on the
northwest corner of the subject property. This sign shall be the only ground sign on the
office building site This agreement shall be reviewed and approved by the City Attorney.
5. The movie theater site may request one additional ground monument sign. This sign must
be located along the east side of the movie theater site and may not exceed 62.3 square
feet (2 X80= 160 97.7 62.3).
6. The developer shall adequately address the City Engineer concerns as outlined in the staff
report, including payment of all associated fees and charges.
7. All landscaped areas shall be irrigated.
8. Payment of park dedication in the amount of S18,900 or demonstrate that this fee was
paid at the time of final plat.
2
RESOLUTION 2004 6 9
ATTEST:
Lin a Jentink, Ci
3
ADOPTED this 18 day of May 2004 by the City Council of the City of Rosemount.
William H. Droste, Mayor
RESOLUTION 2004 6 9
Motion by: strayton Second by: Shoe Corrigan
Voted in favor: Riley, Strayton, DeBettignies, Shoe- Corrigan, Droste
Voted against: None
Member absent: None