HomeMy WebLinkAbout9.b. Agreements for Prestwick Place 3rdAGENDA ITEM: Agreements for Prestwick Place 3rd
AGENDA SECTION:
He\tV 'bug ness
PREPARED BY: Andrew J. Brotzler, PE
Director of Public Works City Engi e-r
AGENDA NO. q b
ATTACHMENTS: Subdivision Agreement; Petition and
Waiver Agreement for Street 14 and the
County Road 42 Turn Lane
APPROVED BY:
0I2)
RECOMMENDED ACTION: 1) Motion to Authorize the Execution of the Subdivision
Agreement for Prestwick Place 3 City Project 436; and
2) Motion to Authorize the Execution of the Petition and Waiver Agreement for Street 14
and the County Road 42 Turn Lane.
4 ROSEMOUNT
City Council Special Meeting: August 1, 2011
BACKGROUND
SUMMARY
CITY COUNCIL
EXECUTIVE SUMMARY
On June 21, 2011, City Council approved the final plat for Prestwick Place 3` conditioned upon the
execution of a Subdivision Agreement with the developer, U.S. Home Corporation. Attached for Council
consideration is a Subdivision Agreement for Prestwick Place 3` that includes a petition and waiver
agreement for the assessment of public improvement costs and trunk area fees for the project.
Also included in this item is the Petition and Waiver Agreement for Akron 42, LLC for their share of the
costs of the construction of Street 14 and a right -turn lane on County Road 42. Street 14 and the right
turn lane on County Road 42 will be constructed concurrently with the Prestwick Place 3` project.
Staff is recommending the City Council authorize the execution of the following items:
The Subdivision Agreement for Prestwick Place 3r which includes a Petition and Waiver Agreement
for the construction costs of Prestwick Place 3 Streets 4, 8, 9, and 14, Akron Avenue, and
Connemara Trail.
The Petition and Waiver Agreement for Akron 42, LLC for their share of the costs of Street 14 and
the right -turn lane on County Road 42.
G: \ENGPROJ \436 \20110801 CC SubAgr PetitionWaiver.docx
SUBDIVISION AGREEMENT
Prestwick Place 3` Addition
AGREEMENT dated this day of 2011, by and
between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City and U.S.
HOME CORPORATION, a (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 Prestwick Place 3r Addition, 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 public infrastructure and including grading, erosion control, streets and
utilities.
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,
underpasses, conservation areas, streets and utilities.
e. Payment of $111,590 for the Developer's share of Connemara Trail extension project, as
indicated on EXHIBIT D of ATTACHMENT THREE. This amount is based on the
construction estimates at the time of execution of this Agreement and may be subject to
change. In the case of overpayment, the Developer will receive a refund. In the case of
underpayment, the Developer will be required to pay additional amounts upon request
by the City.
Prestwick Place 3rd Addition
June 2011
Page 1 of 10
f. Payment of $3,017 for the Developer's share of the construction of Akron Avenue, as
indicated on EXHIBIT D of ATTACHMENT THREE. This amount is based on a $248.86
per acre assessment x 12.12 acres.
3. Phased Development. The City may refuse to approve final plats of subsequent additions
of the plat if the Developer has breached this Agreement 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 in 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 written 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
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. Setting of lot and block monuments
B. Surveying and staking of work required to be performed by the Developer
C. Gas, electric, telephone, and cable lines
D. Site grading
E. Landscaping
Prestwick Place 3' Addition
June /2011
Page 2 of 10
F. Streetlights
G. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements enumerated
in Paragraph 6 which will serve the subject property by December 31, 2012. 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 436), shall be designed, inspected,
surveyed and administered by the City, and installed in the Subject Property at Developer
expense by a Contractor selected by the City through the public bidding process:
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 security 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.
9. Assessment for Costs of Public Infrastructure Improvements. Developer petitions the
City for construction of the Public Infrastructure Improvements listed in paragraph 8, the
construction of Streets 4, 8, 9 and 14 as shown on ATTACHMENT TWO, Connemara Trail
and Akron Avenue, and the assessment of Developer's share of the cost thereof, together
with Storm Sewer Trunk Charge, Sanitary Sewer Trunk Charge and Watermain Trunk
Charge against the Subject Property in accordance with the Petition and Waiver Agreement
attached hereto as ATTACHMENT THREE, which is hereby made a part hereof.
Payment of special assessments when due as levied and as specified in ATTACHMENT THREE
is a personal obligation of Developer, and upon failure of Developer or its successors in
interest to pay such assessments when due, the City may exercise any remedy specified
herein or otherwise allowed in law or equity, including but not limited to, refusal to issue
building permits and certificates of occupancy for any lot or lots for which the full amount
of principal and accrued interest of assessments levied pursuant to ATTACHMENT THREE are
not fully paid. Upon execution of this Agreement, the Developer will provide the letter of
credit described in ATTACHMENT THREE.
Prestwick Place 3' Addition
June 2011
Page 3 of 10
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
Two Hundred Thirty -Four Thousand, Six Hundred Ninety -Six Dollars ($234,696), which is
110% of the estimated cost of the Developer Improvements. The amount of the security
was calculated as follows:
Refer to EXHIBIT A and EXHIBIT B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of
the City Administrator. 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 furnish the Developer with written
notice 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.
11. Grading Plan /Site Grading. 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.
Prestwick Place 3rd Addition
June 2011
Page 4 of 10
Cost
110%
Grading Erosion Control
$119,210
$131,131
Pond Restoration and Erosion
Control Removal
$25,000
$27,500
Survey Monumentation
$13,500
$14,850
Landscaping
$27,000
$29,700
Street Lighting (7 lights)
$28,000
$30,800
Buffer Monumentation
$650
$715
Total
$213,360
$234,696
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
Two Hundred Thirty -Four Thousand, Six Hundred Ninety -Six Dollars ($234,696), which is
110% of the estimated cost of the Developer Improvements. The amount of the security
was calculated as follows:
Refer to EXHIBIT A and EXHIBIT B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of
the City Administrator. 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 furnish the Developer with written
notice 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.
11. Grading Plan /Site Grading. 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.
Prestwick Place 3rd Addition
June 2011
Page 4 of 10
12. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subject Property to perform all work and inspections
deemed appropriate 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 backfilling
operations shall be reseeded within 72 hours after the completion of the work in that area.
Except as otherwise provided in the erosion control plan, seed shall be rye grass or other
fast growing 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 around the perimeter of each lot or at
City- approved locations at the time of building permit issuance and remain in 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 time is critical 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 right also applies to the required erosion control for basement and /or foundation
excavation spoil piles. The City will attempt to notify the Developer in 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 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 in Paragraph 13. The Developer shall inspect and, if
necessary, clean all catch basins, sumps, and ponding areas of erosion /siltation and restore
to the original condition at the end of home construction within this development. All silt
fence and other erosion control should be removed following the establishment of turf.
These items are to be secured through the letter of credit as is noted in EXITIBIT A.
Prestwick Place 3 Addition
June 2011
Page 5 of 10
16. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public
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
limited to, Soil and Water Conservation District charges, legal, planning, engineering and
inspection expenses incurred in 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, including attorney's fees.
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 $315,000 shall be deposited with the City at the time this
Agreement is signed, and represent the following estimates:
$10,000 Engineering Review Fees
$220,000 Engineering Design and Construction Admin Fees
$5,000 Attorney Fees
$55,000 5% City Fees
$2,016 Street Light Energy Cost
$22,984 Seal Coating
$315,000
If the actual 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
Prestwick Place 3 Addition
June 2011
Page 6 of 10
have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue
interest at the rate of nine 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 $12 /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 $1.70 /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 prior to,
or at the time of execution of any plat by the City:
A. Park dedication fees in the amount of $0 (2.96 acres dedicated with plat).
B. Geographic Information System (GIS) fees in the amount of $1,620.
Or other amounts for such fees as in effect at the time of plat approval.
20. The Developer understands that builders will be required to pay for the Subject Property
fees, charges and assessments in 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 the date of
this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit
(current rate is $2,230).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit
(single family currently at $770; multi family currently at $290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,200 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,175 /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. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
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
Prestwick Place 3 Addition
June /2011
Page 7 of 10
Developer, its employees, contractors, subcontractors, material men or agents. No
occupancy permits shall be issued until the public streets and utilities referred to in
paragraph 6 and 8 are in and approved by the City, unless otherwise authorized in writing by
the City Engineer.
22. Record Drawings. At project completion, Developer shall submit record drawings of all
public and private infrastructure improvements in accordance with the City's Engineering
Guidelines. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
23. Developer'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 notice 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 permission 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.
24. 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 denial of
building permits, including lots sold to third 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 public improvements caused by the
City, the Developer, its contractors, subcontractors, material men, employees, agents or
third parties.
Prestwick Place 3 Addition
June /2011
Page 8 of 10
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 in
writing, signed by the parties and approved by written 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 run 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 Agreement, 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 time 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
right, power or remedy.
I. The Developer may not assign this Agreement without the written permission of the
City Council.
25. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by
registered mail at the following address:
MN Land Division
U.S. Home Corporation
16305 36`'' Avenue North, Suite 600
Plymouth, MN 55446
Notices to the City shall be in writing 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 145t Street West
Rosemount, Minnesota 55068
Prestwick Place 3 Addition
June 2011
Page 9 of 10
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
STATE OF MINNESOTA
COUNTY OF DAKOTA
Drafted By:
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
ss
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
BY:
Its
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, 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 authority granted by its City Council.
Notary Public
U.S. HOME CORPORATION
BY:
Its
The foregoing instrument was acknowledged before me this day of
2011 by its and
its of U.S.
Home Corporation, a on behalf of said
corporation.
Notary Public
Prestwick Place 3 Addition
June 2011
Page 10 of 10
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 re- vegetation 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 prior to City
acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket
following development of 75 percent of adjoining lots (estimated lump sum).
Survey 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).
No.
Item
Cost
110%
Calculation
1
Grading and Erosion Control
119,210
131,131
$3500 /acre x 34.06 acres*
2
Pond Restoration and Erosion Control Removal
25,000
27,500
Minimum $25,000
3
Survey Monumentation
13,500
14,850
$500 /lot x 27 lots
4
Retaining Wall
Estimate
5
Landscaping
27,000
29,700
Per City Planner
6
Street Lights
28,000
30,800
7 lights x $4000 /light
7
Buffer Monumentation
650
715
13 signs x $50 /sign
8
Park Equipment/Improvements
n/a
9
Wetland Restoration/Mitigation
n/a
10
Wetland Monitoring
n/a
Total
213,360
234,696
No.
Item
Cost
Calculation
1
Engineering Review Fees
10,000
City Engineer Estimation
2
Engineering Design and Construction Admin Fees
220,000
20% of Estimated Construction Cost
3
Attorney Fees
5,000
Estimate
4
5% City Fees
55,000
5% of Estimated Construction Cost
5
Street Light Energy Cost
2,016
7 lights x 24 months x $12 /month
6
Seal Coating
22,984
$1.70 /SY x 13,520 SY
Total
315,000
No.
Item
Cost
Calculation
1
Park Dedication
2.96 acres dedicated with plat
2
GIS Fees
1,620
$60 /unit x 27 units, or $120 /acre
3
Stormwater Ponding Fee
n/a
Total
1,620
Letter of Credit for Developer Improvements due before signed plat is released
*Total plat area (46.53) Outlot A (14.54) Street 14 ROW (2.07) 34.06
City Fees due with signed agreement)
Develoament Fees due before signed plat is released
Prestwick Place 3rd
EXHIBIT B (Page 1 of 2)
*Streets A, B, 14 and width of 450 ft of Connemara
Block Lot Units SQ FT Acres
1
1
1
9,332.7
0.21
1
2
1
9,463.3
0.22
1
3
1
10,368.3
0.24
1
4
1
9,677.1
0.22
1
5
1
10,281.2
0.24
1
6
1
9,259.3
0.21
1
7
1
9,695.7
0.22
1
8
1
17,504.0
0.40
2
1
1
12,510.5
0.29
2
2
1
9,729.8
0.22
2
3
1
9,729.8
0.22
2
4
I
12,895.4
0.30
2
5
1
13,134.3
0.30
2
6
1
13,659.7
0.31
2
7
1
10,861.5
0.25
2
8
I
9,555.4
0.22
2
9
1
15,996.6
0.37
2
10
1
30,475.4
0.70
2
11
1
29,674.1
0.68
2
12
1
19,446.8
0.45
2
13
1
9,862.1
0.23
2
14
1
13,428.0
0.31
2
15
1
12,057.5
0.28
2
16
1
9,006.7
0.21
2
17
1
8,993.1
0.21
2
18
1
9,684.9
0.22
2
19
1
17,739.9
0.41
ROW STREET A
36,585.0
0.84
ROW STREET B
37,009.0
0.85
CONNEAMARA TRL
581.0
0.01
OUTLOT A
633,372.7
14.54
OUTLOT B
252,576.6
5.80
OUTLOT C
8,613.7
0.20
OUTLOT D
704,165.2
16.17
Boundary Check
46.53
3' otals
Block Lots Units
1
8
8
2
19
19
0
0
0
0
0
0
0
0
Total
27
27
Total Plat Area 46.53 acres
Park Dedication 2.96 acres
Dedicated ROW 1.69 acres*
Future Plat Area 30.90 acres
Ponding to HWL 2.02 acres
Streets A and B
OUTLOTS A, C D
Prestwick Place 3rd
EXHIBIT B (Page 2 of 2)
O m
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1
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.S.
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ATTACHMENT THREE
PETITION AND WAIVER AGREEMENT
This Agreement made this day of 2011, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation (`City"), and U.S. HOME CORPORATION, a
(`Owner
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, the legal description of which is set forth on EXHIBIT A, attached hereto and
hereby made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as Prestwick Place 3` and as more specifically described
in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the
"Improvement Project and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy $1,092,776 of the
cost of the Improvement Project, and $191,614 in public utility trunk area fees against the Subject
Property, as outlined in EXHIBIT D, attached hereto and hereby made a part hereof; and
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to fmance the costs of the Improvement
Project and to pay trunk area fees; and
1
G:\ENGPROJ\436\Petition and waiver 436.docx
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project or levy such assessments without such notices and
hearings and is doing so solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on
EXHIBIT C.
3. The Owner requests that $1,092,776 of the cost of the Improvement Project be assessed
against the Subject Property. The Owner further requests that trunk area fees for sanitary
and storm sewer and water in the amount of $191,614 be assessed against the Subject
Property.
4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project and trunk area fees pursuant to Minn. Stat.
Section 429.061, and specifically requests that the Improvement Project be constructed and
special assessments levied against the Subject Property for the Improvement Project and for
trunk area fees without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
a. Any requirements of Minn Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
paragraph 3, and that such increase in fair market value is a special benefit to the
Subject Property; and
2
G:\ENGPROJ\436\Petition and waiver 436.docx
c. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. Special assessments for the Improvement Project and for trunk area fees will be levied on a
per lot basis against all lots in the plat, payable over five (5) years and bearing interest at a
rate of two points over the bond rate if bonds are issued by the City for the Improvement
Project, or two points over a current bond rate as determined by the City's financial
consultant. To secure payments of the special assessments, the Owner will provide to the
City a letter of credit in the amount of Seven Hundred Seventy Thousand, Six Hundred
Thirty-Four Dollars ($770,634), which is 60% of the total assessment amount. The bank
and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. Such letter of credit shall be maintained in effect until all assessments are
paid in full. As assessments are paid, the letter of credit may be reduced or replaced by
substitute letters of credit, not more often than once every twelve months, to an amount that
is not less than the amount of the unpaid assessments. In the event special assessments are
not paid when due, the City may draw on the letter to pay such special assessments. Special
assessments against each lot must be paid in full prior to issuance of a building permit for
that lot.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project and trunk area fees, and the
City shall thereupon execute and deliver such documents, in recordable form, as are
necessary to extinguish its rights hereunder.
3
G:\ENGPROJ\436 \Petition and waiver 436.docx
above.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
STATE OF MINNESOTA
COUNTY OF DAKOTA
4
CITY OF ROSEMOUNT
By:
William Droste, Mayor
And by:
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
Notary Public
G:\ENGPROJ\436\Petition and waiver 436.docx
STATE OF MINNESOTA
ss.
COUNTY OF
5
OWNER
By:
Its:
And by:
Its:
The foregoing instrument was acknowledged before me this day of
2011, by and the
and respectively, of a
on behalf of the
Notary Public
G:\ENGPROJ\436\Petition and waiver 436.docx
Q;
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A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
EXHIBIT B
Description of the Improvements
The following improvements, known as City Project 436, shall be designed, inspected,
surveyed and administered by the City, and installed in the Subject Property by a Contractor
selected by the City through the public bidding process:
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G: \ENGPROI \436 \Petition and waiver 436.docx
EXHIBIT C
Liens, Interests or Encumbrances
G:\ENGPROJW36\Petition and waiver 436.docx
Item
Cost
Calculation
Estimated Construction Cost for Prestwick Place 3
$704,000
$640,000 10%
Street 4 Assessment
$21,509
Street 8 Assessment
$86,398
Street 9 Assessment
$42,950
Street 14 Assessment
$123,312
Connemara Trail Assessment (west of Akron)
$27,540
Connemara Trail Assessment (east of Akron)
$84,050
Akron Avenue Assessment
$3,017
Total Project Costs and Assessments
$1,092,776
Storm Sewer Trunk Charge
$83,822
$6865 /net developable acre x 12.21 acres
Sanitary Sewer Trunk Charge
$15,297
$1075 /acre x 14.23 acres
Watermain Trunk Charge
$92,495
$6500 /acre x 14.23 acres
Total Trunk Charges
$191,614
EXHIBIT D
27 lots (8.13) Oulot B (5.81) Park (2.96) Ponding to HWL (2.02)
Street A (0.84) Street B (0.85) 1/2 of Street 14 (1.035) 1/2 of Connemara Trail (0.52)
G:\ENGPROJ\436\Petition and waiver 436.docx
ill
N
N
N
N
M
Developable Platted Area
Prestwick Place Plat
Tract 4A
Outlot M
19.75
Total Tract 4A 19.75
Tract 4B
Outlot N
7.91
Total Tract 4B 7.91
Tract 5
Outlot L
15.07
Total Tract 5 15.07
Tract 6
Outlot J
28.57
Outlot O
0.95
Total Tract 6 29.52
Tract 7A
Outlot C
8.02
Outlot D
8.20
Total Tract 7A 16.22
Prestwick Place 2nd Addition
Tract 7B
Prestwick Place 2nd Addition: Lots
10.07
Prestwick Place 2nd Addition: Street A C
1.41
Prestwick Place 2nd Addition: Street B
0.60
Prestwick Place 2nd Addition: Outlot A
0.23
Connemara Trail (0.44 acres)
0.00
Akron Avenue (1.03 acres)
0.00
Prestwick Place 2nd Addition Subtotal 12.31
Outlot B
32.45
Outlot C 0.25 (Outlot D: Future City Well)
72.62
Outlot D: Future City Well (0.25 acres)
0.00
Total Tract 7B 117.38
Prestwick Place 3rd Addition
Tract 1
Outlot A
14.54
Outlot C
0.20
Total Tract 1 14.74
Tract 2
Prestwick Place 3rd Addition: Lots
8.13
Prestwick Place 3rd Addition Street A
0.84
Prestwick Place 3rd Addition Street B
0.85
Prestwick Place 3rd Addition: Outlot B (5.80) Park (3.51)
2.29
Prestwick Place 3rd Addition: Connemara Trail
0.01
1/2 Street 14 (Prestwick Place Outlot H) (1.04 acres)
0.00
Prestwick Place 3rd Addition Subtotal
12.12
Outlot D
16.17
Total Tract 2 28.29
Tract 3
Prestwick Place Outlot I
19.18
1/2 Street 14 (Prestwick Place Outlot H) (1.04 acres)
0.00
Total Tract 3 19.18
Exhibit D
This Agreement made this
PETITION AND WAIVER AGREEMENT
day of 2011, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation "City and AKRON 42 LLC, a
"Owner").
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, the legal description of which is Outlot I of Prestwick Place as shown on Exhibit
A, attached hereto and hereby made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as the improvement of Street 14 and the County Road 42
turn lane improvements, and as more specifically described in Exhibit B, attached hereto and hereby
made a part hereof (hereinafter referred to as the "Improvement Project and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to fmance the Improvement Project, and to levy $470,292 of the
cost of the Improvement Project against the Subject Property as outlined in Exhibit D, attached
hereto and hereby made a part hereof; and
1
G:\ENGPROJ4436\Petition and waiver Street 14.docx
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to finance the costs of the Improvement
Project; and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on the
attached Exhibit C.
3. The Owner requests that $470,292 of the cost of the Improvement Project be assessed
against the Subject Property.
4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and
specifically requests that the Improvement Project be constructed and special assessments
levied against the Subject Property therefor without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
2
G:\ENGPRO.J\436\Petition and waiver Street 14.docx
a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
paragraph 3, and that such increase in fair market value is a special benefit to the
Subject Property; and
c. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. Special assessments for the Improvement Project will be levied to the Subject Property,
payable over five (5) years and bearing interest at a rate of two points over the bond rate if
bonds are issued by the City for the Improvement Project, or two points over a current bond
rate as determined by the City's financial consultant. To secure payments of the special
assessments, the Owner will provide to the City a letter of credit in the amount of Two
Hundred Eighty-Two Thousand, One Hundred Seventy-Five Dollars ($282,175), which is
60% of the total assessment amount. The bank and form of the letter of credit or other
security shall be subject to the approval of the City Administrator. Such letter of credit shall
be maintained in effect until all assessments are paid in full. As assessments are paid, the
letter of credit may be reduced or replaced by substitute letters of credit, not more often than
once every twelve months, to an amount that is not less than the amount of the unpaid
assessments. In the event special assessments are not paid when due, the City may draw on
the letter to pay such special assessments. Special assessments against each lot must be paid
in full prior to issuance of a building permit for that lot.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project, and the City shall
thereupon execute and deliver such documents, in recordable form, as are necessary to
extinguish its rights hereunder.
3
G:\ENGPROJ\436\Petition and waiver Street I4.docx
above.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
4
CITY OF ROSEMOUNT
By:
Notary Public
William Droste, Mayor
And by:
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
G:\ENGPROJ\436\Petition and waiver Street 14.docx
STATE OF MINNESOTA
COUNTY OF
5
OWNER
By:
Its:
And by:
Its:
The foregoing instrument was acknowledged before me this day of
2011, by and the
and respectively, of
a on behalf of the
Notary Public
G:\ENGPROJ\436\Petition and waiver Street 14.docx
G NUMBER
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The following improvements, known as Street 14 and County Road 42 turn lane (part of City
Project 436), shall be designed, inspected, surveyed and administered by the City, and installed
in the Subject Property by a Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
EXHIBIT B
Description of the Improvements
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G:\ENGPROJ\436\Petition and waiver Street 14.docx
EXHIBIT C
Liens, Interests or Encumbrances
G: \ENGPROJ\436\Petition and waiver Street 14.docx
Prestwick Place Cost Sharing
Total Assessment
Z' SS
9££`L06$
Z8t 86$
$664,586
$525,802
$571,744
4L9`886$
Too1
8Ze9IS`t$
1 ZSt'„68'9S
Street 17
0$
0$
0$
N
ig
00
0$
0$
0
1 098'SIfS
Street 16
0$
0$
0$
Street 8
O
0$
0$
0$
0$
01leZt6s
41 taailS
0$
68L`L8Z$
11 f'4f E$
a
w
69
69
0
0$
0$
(10
6 laa'JS
SOCK IS
6£Z`001$
0$
186`8818
ZS6`68Z$
$425,933
S
0$
0$
1 £t6t£ZS
g pasts
Z6C£61$
8E9`IOZ$
0$
69
O
64
69
0$
0$
0$
(t£(PS6£S
Street 4
861`05$
86l`OSS
0$
69
64
61
0$
H
0$
1 96f'00IS
(maca
Trail East of
Akron Avenue
S£0'LO1$
LS 1961$
H
69
tel
z4—
L8I'86S$
0$
_9Z'_o l' Z68t-(,I) eut'_65
('unman:Ira •1jail
West of Akron
I Avenue
ZLO'SE$
SLZ`49S
ZIO`60Z$
O
f
0$
1ES'SOZ$
S1484,049
ssaaay Z4 ND
0$
0$
££6`SZ4$
49
69
69
0L4' ILLS
W
Akron Avenue
Z48`£$
I40`L$
9Z0`61$
0.
L10`61$
9ZS`f,$
8L9'ZES
1 IS,96S
1ea4V Pauald
apptdoRtad)
bC41
6Z8Z
8161
LO'S I
16L
S 61
ZS 6Z
ZZ 91
8ti L II
90'119Z
Acre
(Exhibit D)
895
trCLZ
81
ZZ91
tit LII
SS• 61 I
(,C imisnad)
any
85451
6Z£ 8Z
94 OZ
ci
vi
£196Z
LIZ•91
960 L 1 1
(Y69Z
aaUM°
PEMTOM LAND COMPANY FIRST
CITIZENS NATIONAL BANK
US HOME CORPORATION
AKRON 42 LLC
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
1 PEMTOM LAND COMPANY FIRST
'CITIZENS NATIONAL BANK
US HOME CORPORATION
AKRON 42 LLC
ARCON DEVELOPMENT INC.
ARCON DEVELOPMENT INC
I 'IN .LO.L
F
N
S
VL
8L
Tract 3: AKRON 42 LLC PETITION AND WAVER
Total Assessment
688'11$
Z6Z `OL 4$
O66`L 1 S$
1 Z8Z'886$
Street 17
0$
0$
0$
1 o$
Street 16
0$
0
0$
tl "JIS
O$
1f'4E£$
0$
1 IC4££$
Street 9
08
0
1 0$
Street 8
O
0$
0
1 0$
Street 4
O$
08
0
0$
Connemara
Trail East of
Akron Avenue
1)$
0$
0$
O S
Connemara Trail
West of Akron
Avenue
L68'01$
0$
Z l0'60Z$
CR 42 Access
186`8818
ZS6`68Z$
$425,933
Akron Avenue
ZOOS
0$
9Z0`61$
1 9Z0'6I8
Acre"
(Developable
Platted Areal
00'0
8161
1 8161
((1 1 !9! 1 1 31
aa]t:
I
I
(fit P91s
a..w
I
1 00
I ract Development
COST PER ACRE
PRESTWICK PLACE 3RD ADDITION
.LV"Id Taft -Lai
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49 001
ASCflee0ON
e
eo
I
I
I
I
DRAWIN
The following improvements, known as Connemara Trail Improvements (City Project 431, and
the future construction of Connemara Trail east of Akron Avenue), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property by a
Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
EXHIBIT B
Description of the Improvements
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G:\ENGPROJ\431 \petition and waiver PemtomBank Tracts 1 &4B.docx
EXHIBIT C
Liens, Interests or Encumbrances
G:\ENGPROJ\431 \petition and waiver PemtomBank Tracts 1 &4B.docx
Prestwick Place Cost Sharing
Total Assessment
bt
9££'L06$
I Z8Z`886$
I 9S5`499$
I Z08'SZS$
I 46L' l LS$
I 4L9`886$
91 Ia.
$1,516,728
1 ZSt'_65'95
L I Iaarl$
OS
0$
0$
ZZ8 'LOZ$
0$
8£0'80Z$
0$
0$
OS
1198'S 1 tS
Street 16
0$
O$
0$
01 £`OLZS
660'1 S4$
tot ZS
0$
0$
0$
1 018'Zt6S
Street 14
0$
68L`L8Z$
$334,311
OS
OS
OS
OS
0$
0
0o1'ZZ9$
6 Iaa'IS
SOL`4£1$
6£Z`00I$
0$
0$ 1
0$ I
0$
0$
o$
1
1 £t6•tfZ$
S laallS
Z6£`£61$
8E9'IOZ$
1
0
0$
O$
I
o$
OS
o$
I o£0'S6E$ 1
Street 4
86l'OS$
86I'O5$
o$
OS
o$
OS
0$
O$
96£'001$ 1
Connemara
Trail East of
Akron Avenue
S£0'LOl$
L51
0$
04L'9£IS
SSL`45$
Z9£'401$
L81 86SS
0$
OS
L9Z'L61'IS 1
Connemara Trail
West of Akron
Avenue
ZLO`SES
SLZ'69$
ZIO'60Z$
$44,806
156'L I S
96l`bE$
OS
I£5`SOZ$
$1,484,049
L Z68'660`ZS
CR 42 Access
OS
OS
££6`SZ4$
OS
0$
O$
OLVILES
O$
O$
£Ob'L6L$ 1
Akron Avenue
Z 1:8‘ E
140'LS
9Z0'6l$
806`4$
L96'18
$3,746
L 10
9Z5'tS
8/.9`;E$
1 1SL'96$
Acre
(Developable
Platted Areal
4L' b l
6Z 8Z
81 61
SL61
16L
L0'S1
ZS'6Z
ZZ91
BEZII
(a i q!gs3)
023%
8951
4E LZ
r 8161
iiii
ZZ9I
EIZII
ESSE
(d111Igisua1)
arty
8St S1
6ZE8Z
941 OZ
8bL'61
ZI6L
ZL0'S 1
£1S 6Z
L l Z•91
960 L1 1
MEM
num°
ARCON PEMTOM, LLC
US HOME CORPORATION
AKRON 42 LLC
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
i ARCON PEMTOM, LLC
US HOME CORPORATION
AKRON 42 LLC
RCON DEVELOPMENT INC.
ARCON DEVELOPMENT INC
I'I\'.LO.L 1
N
V4
VL
8L
Iuamssassy II1o1.
ZZ6 1$
490`651$
SZL'918 1$
499'LSC18
L I Ia
0$
0$
1 o$
0$ J
91 Ia.
OS
0$
I 11$
0$
I Iaa. li
0$
0$
1 oS
o$
6 laa.US
0$
5.
us
u$
Tract 7B: ARCON DEVELOPMENT INC.
8 la
w
O$ i
5
1 uS
0$
I- t,a,IS
0
0$
nS
0$
Connemara
Trail East of
Akron Avenue
0$
0$
OS
0$
Connemara Trail
West of .Akron
Avenue
£49'71$
L£9'SSI$
etu'tst'1S
Z14`8Z£l$
ssa,aV Zt IL)
0$
0$
anuaA\ uu„I\-
LZ4'E$
I 8L9'Z£S
[SZ`6Z$
PalI'Id
aPlndolanad)
„a�ay
lEZ1
Rf Lll
LO S01
c
'Pg *3)
iay
1
1
I
LlgigiseaJ
aJaV
1
I
I
inatudolanau
COST PER ACRE
PRESTWICK PLACE 2ND ADDITION
17Y.
.LV'ld 1VNIH HN[1L11d
8L
8L
Page 1
This Agreement made this
PETITION AND WAIVER AGREEMENT
day of 2011, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation "City and AKRON 42 LLC, a
"Owner
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, the legal description of which is Outlots I and J of Prestwick Place as shown on
EXHIBIT A, attached hereto and hereby made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as the improvement of Connemara Trail, and as more
specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter
referred to as the "Improvement Project and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy $807,199 of the
cost of the Improvement Project against the Subject Property as outlined in EXHIBIT D, attached
hereto and hereby made a part hereof; and
G:\ENGPROJ\431 \petition and waiver Akmn42LLC Tracts 3 &6.docx
Page 2
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to fmance the costs of the Improvement
Project; and
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on the
attached EXHIBIT C.
3. The Owner requests that $807,199 of the cost of the Improvement Project be assessed
against the Subject Property.
4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to fmance the Improvement Project pursuant to Minn. Stat. Section 429.061, and
specifically requests that the Improvement Project be constructed and special assessments
levied against the Subject Property therefor without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx
Page 3
a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
paragraph 3, and that such increase in fair market value is a special benefit to the
Subject Property; and
c. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. The City will defer the payment of the special assessment for the Improvement Project,
without interest, until the earliest to occur of the following: i) ten years from the date of
the award of a contract for the Improvement Project (if the Improvement Project is
constructed in phases, the deferment of assessments attributable to each phase will be
terminated ten years after the award of a contract for that phase), or ii) the Subject
Property is subdivided as defined below, or iii) the Subject Property is improved as
defined below:
a. The Subject Property will be deemed to be subdivided upon final approval by the
City Council of a subdivision or division of land that creates buildable lots or parcels
of land. Subdivision into outlots that are not buildable will not be deemed to be a
subdivision.
b. The Subject Property will be deemed to be improved if the owner of the Subject
Property or the owner's authorized representative applies for and is granted a permit
for the construction of any residential, commercial, agricultural, industrial or other
building or structure that requires a building permit.
c. Following the termination of the deferment of the special assessment, the special
assessments may be paid without interest until the earlier of 1) 90 days after
termination of the deferment; or 2) the issuance of a certificate of occupancy for an
improvement or release of a final plat for a subdivision. If the special assessment is
not paid by such date, interest on the assessment will accrue at the rate of five
percent per year from the termination of the deferral until December 31' of the year
in which the assessment is paid. The assessment will be due and payable with ad
valorem real estate taxes in the year following the first November 30 occurring
after the termination of the deferral of the assessment.
d. If the Subject Property is subdivided, the Owner and the City may agree to the levy
of special assessments for the Improvement Project in lieu of payment in accordance
with paragraph c. above, in a subdivision agreement for such subdivision, payable
on terms that are mutually agreed upon.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx
Page 4
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project, and the City shall
thereupon execute and deliver such documents, in recordable form, as are necessary to
extinguish its rights hereunder.
above.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
STATE OF MINNESOTA
COUNTY OF DAKOTA
ss.
CITY OF ROSEMOUNT
By:
Notary Public
William Droste, Mayor
And by:
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx
Page 5
STATE OF MINNESOTA
COUNTY OF
ss.
OWNER
By:
Its:
And by:
Its:
The foregoing instrument was acknowledged before me this day of
2011, by and the
and respectively,
of a on
behalf of the
Notary Public
G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx
G NUMBER
DRAWING NUMBER
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EXHIBIT B
Description of the Improvements
The following improvements, known as Connemara Trail Improvements (City Project 431, and
the future construction of Connemara Trail east of Akron Avenue), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property by a
Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx
EXHIBIT C
Liens, Interests and Encumbrances
G:\ENGPROJ\431 \petition and waiver Akron42LLC Tracts 3 &6.docx
Prestwick Place Cost Sharing
'total Assessment
$524,244
I 9££`LO6S
$725,229
I 985`699$
I ZOS`SZSS
I 46L` I LS$
I 4L9`886$
9S0`01Z$
8ZL`9l5`I$
L I laaa lS
0
OS
r OS
Z Z8`LOZ$
0$
8£0`802$
OS
O S
0$
Street 16
OS
OS
0
01£`OLZ$
660`154$ 1
104
OS
0
L
018Z16S
0$
1'1 IaaJIS
0$
68L`L8Z$
I I £`bf f
0$
0$
0$
OS
0$
I 001 ZZ9$
0$
6 Pa.( IS
$134,705
6£Z`001$
0$
0$
Of
0$
0$
0$
IMEEM
0$
8 masts
Z6CE6I$
[89'l0z$
0$
0$
0$
S
05
0$
O£0
0$
Street 4
861'05$
861`05$
0$
0$
0$
OS
OS
05
96£'001
0$
Connemara
Trail East of
Akron Avenue
Sf(FLOl$
L51`961$
0$
04L`9E 1 5
S8L`4S$
1:9E1
L81`865$
0$
0$
Connemara Trail
West of Akron
Avenue
ZLO`S
SLZ`I9S
210`602$
908`66$
156`Ll$
9611
OS
I ES`SOZ$
Z681660`ZS
61'0 l$
ssa33V Z6 NJ
0$
OS
088`Z91$
0$
0$
0$
OL6`lL£$
0$
OS
anuanv uo.o%
248`E$
140'L$
9Z0`61$
80
L96'I$
96L`£$
LIO`61$
925`4$
8L9`Z£S
Acre
(Developable
Platted Areal
I'CbI
6T8Z
8161
SC61
161
LDSI
ZS6Z
ZZ91
90'897
8£2
((1 !!9!4x3)
any.
89'51
Y£LZ
8161
1
1
1
1
ZZ91
55561
El LI1
01Wq!suad)
aa3V
85651
6Z£8Z
9171
86[61
Z16L
ZLO'51
EIS'6Z
L 1Z9 1
61 69Z
960 L
aausO
I'EMTOM LAND COMPANY FIRST
CITIZENS NATIONAL BANK
US HOME CORPORATION
AKRON 42 LLC
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
PEMTOM LAND COMPANY FIRST
CITIZENS NATIONAL BANK
US HOME CORPORATION
AKRON 42 LLC
ARCON DEVELOPMENT INC.
I'I \'.LO1
JNI.LNHWdOl3AH4 NOJ3IV
tv
VF 1
81r
u)
VL
8L
_o
X
L1.1
2
This Agreement made this
PETITION AND WAIVER AGREEMENT
day of 2011, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation "City and ARCON DEVELOPMENT,
INC., a "Owner
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, the legal description of which is Outlots A and D of Prestwick Place as shown
on EXHIBIT A, attached hereto and hereby made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as the improvement of Connemara Trail, and as more
specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter
referred to as the "Improvement Project and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy $1,556,346 of the
cost of the Improvement Project against the Subject Property as outlined in EXHIBIT D, attached
hereto and hereby made a part hereof; and
Page 1 G:\ENGPROJ\43I \petition and waiver Arcon Tracts 7A &7B.docx
WHEREAS, Owner is a party to an agreement entitled "Joint Development and Cost
Sharing Agreement" entered into and effective as of March 20, 2008 (the "Cost Sharing
Agreement and
WHEREAS, under the Cost Sharing Agreement, various parties have agreed to the
allocation of the costs of the Improvement Project, among other things; and
WHEREAS, one of the parties to the Cost Sharing Agreement is the Dakota County
Community Development Agency (the "DCCDA which is not currently willing to execute a
petition and waiver agreement, or otherwise commit to the City that it will pay, or agree to the
levy of special assessments against its property for its share of the cost of the Improvement
Project as established in the Cost Sharing Agreement; and
WHEREAS, the Owner wishes for the City to proceed with construction of the
Improvement Project and is willing to add the amount of Twenty-Two Thousand, Four Hundred
Three Dollars ($22,403) to the special assessments levied against the Subject Property to cover a
part of the obligation of the DCCDA for the Improvement Project; and
WHEREAS, the City is willing to proceed with construction of the Improvement Project
and levy special assessments therefore, on the basis of the undertaking by Owner to assume
responsibility for payment of special assessments against the Subject Property for an additional
Twenty -Two Thousand, Four Hundred Three Dollars ($22,403), as hereinafter set forth; and
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to finance the costs of the Improvement
Project; and
Page 2
G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on the
attached EXHIBIT C.
3. The Owner requests that One Million Five Hundred Fifty -Six Thousand, Three Hundred
Forty-Six Dollars ($1,556,346) (which includes Twenty -Two Thousand, Four Hundred
Three Dollars ($22,403) attributable to the DCCDA property under the Cost Sharing
Agreement) of the cost of the Improvement Project be assessed against the Subject
Property. The Owner understands and the City agrees that if the DCCDA signs a petition
and waiver form that is satisfactory to the City, the City will reduce the assessment
against the Subject Property by $22,403.
4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and
specifically requests that the Improvement Project be constructed and special assessments
levied against the Subject Property therefore without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
paragraph 3, and that such increase in fair market value is a special benefit to the
Page 3 G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx
Subject Property; and
c. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. The City will defer the payment of the special assessment for the Improvement Project,
without interest, until the earliest to occur of the following: i) ten years from the date of
the award of a contract for the Improvement Project (if the Improvement Project is
constructed in phases, the deferment of assessments attributable to each phase will be
terminated ten years after the award of a contract for that phase), or ii) the Subject
Property is subdivided as defined below, or iii) the Subject Property is improved as
defined below:
a. The Subject Property will be deemed to be subdivided upon final approval by the
City Council of a subdivision or division of land that creates buildable lots or parcels
of land. Subdivision into outlots that are not buildable will not be deemed to be a
subdivision.
b. The Subject Property will be deemed to be improved if the owner of the Subject
Property or the owner's authorized representative applies for and is granted a permit
for the construction of any residential, commercial, agricultural, industrial or other
building or structure that requires a building permit.
c. Following the termination of the deferment of the special assessment, the special
assessments may be paid without interest until the earlier of 1) 90 days after
termination of the deferment; or 2) the issuance of a certificate of occupancy for an
improvement or release of a final plat for a subdivision. If the special assessment is
not paid by such date, interest on the assessment will accrue at the rate of five
percent per year from the termination of the deferral until December 31 of the year
in which the assessment is paid. The assessment will be due and payable with ad
valorem real estate taxes in the year following the first November 30 occurring
after the termination of the deferral of the assessment.
d. If the Subject Property is subdivided, the Owner and the City may agree to the levy
of special assessments for the Improvement Project in lieu of payment in accordance
with paragraph c. above, in a subdivision agreement for such subdivision, payable
on terms that are mutually agreed upon.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
Page 4 G: \ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project, and the City shall
thereupon execute and deliver such documents, in recordable form, as are necessary to
extinguish its rights hereunder.
above.
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
STATE OF MINNESOTA
COUNTY OF DAKOTA
ss.
CITY OF ROSEMOUNT
By:
Notary Public
William Droste, Mayor
And by:
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
Page 5 G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx
STATE OF MINNESOTA
ss.
COUNTY OF
OWNER
By:
Its:
And by:
Its:
The foregoing instrument was acknowledged before me this day of
2011, by and the
and respectively,
of a on
behalf of the
Notary Public
Page 6 G:\ENGPROJ\431 \petition and waiver Arcon Tracts 7A &7B.docx
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EXHIBIT B
Description of the Improvements
The following improvements, known as Connemara Trail Improvements (City Project 431, and
the future construction of Connemara Trail east of Akron Avenue), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property by a
Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G:\ENGPROJ\431 \petition and waiver An=on Tracts 7A &7B.docx
EXHIBIT C
Liens, Interests and Encumbrances
1) Wells Fargo National Association as Mortgagee
2) Mortgage dated 2/15/2005 recorded 3/31/2005 as Document No. A693070, Amended
by Amendments to Mortgage dated
4/11/2005 recorded 6/15/2005 as Document No. A701645; dated 11/17/2007 recorded
12/13/2007 as Document No. A768949;
dated 11/17/2007 recorded 12/13/2007 as Document no. 789679; and dated 3/30/2009
recorded 5/27/2009 as Document No. A826466.
3) John Haider
Loan Servicing Specialist
Minneapolis Loan Center, Wholesale Loan Services (WLS)
MAC N9303 -110
608 2 Avenue South 11 Floor
Minneapolis, MN 55402
Tel 612- 667 -7249 Fax 866 972 -5855
G: \ENGPROJ\431 \petition and waiver Amon Tracts 7A &7B.docx
Prestwick Place Cost Sharing
Total Assessment
44Z'4ZS$
9E£'LO6$
ZSC886$
I 985`499$
I Z08'SZSS
44L'ILS$
I 4L9`886$
9S0'OIZS
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L I Iaa)ts
os
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H
0$
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41
0
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o$
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0$
0$
1 110I`ZZ9$
6401
$134,705
1
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0$
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a
0$
1 £464£1$
8 taaals
Ill O4nlr.11
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1 uf0' 1
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S61 `OS$
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0$
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0$
o
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0$
96f '0o1$
Connemara
Trail East of
Akron Avenue
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LS 1'961$
0$
04L'9E 1$
SSL`IS$
Z9E'401$
L8l'S6SS
0$
o$
1 L9Z'L61'I$
Connemara Trail
West of Akron
Avenue
ZLO`SES
SLi49$
Z 10`601$
908'44$
IS6'LIS
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0$
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0$
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0$
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Akron Avenue
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806`45
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9ZS`4$
8L9`ZE$
IS L'96$
Acre
(Developable
Platted Area)
4L 41
6Z'8Z
81'61
St 61
161
LOYI
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ZZ91
8£
90'89Z
(0 f I!4
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)aues0
ARCON PEMTOM, LLC
US HOME CORPORATION
AKRON 42 LLC
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
ARCON ?EMTOM. LLC
US HOME CORPORATION
AKRON 42 LLC
ARCON DEVELOPMENT INC.
1
ARCON DEVELOPMENT INC
[.1,.1(1 1
N
d�I
84
N
VL
8L
Amount split evenly between U.S. Home Corporation (Tracts 2 and 5) and Arcon Development (Tracts 7A and 78)
Total Assessment
49('651 S
I 499'LSE IS
1 8ZL'91$'I$ 1
LI 03.
0
OS
0$
f i
91 P.
0$
OS
0$
00
OS
OS
115
OS
0$
8 laa)ts
OS
0$
Street .1
OS
0$
Connemara
Trail East of
Akron Avenue
0$
0$
0$
a
Tract 7B: ARCON DEVELOI
Connemara Trail
West of Akron
Avenue
tf`Y:I$ u5 8LZ5
ZI$ 81£`1$
6401
ssa))y Z4 aJ
0$
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LZVES
ISZ 6Z$
8L9if5 I 84YI1
Acre"
(Developable
Platted Area)
LO S0I
Ill O4nlr.11
i
1,
I;L)V N7d .ISO.
PRESTWICK PLACE 2ND ADDITION
FUTURE FINAL PLAT
L I1 .LOJ. 1
8L
8L
Amount split evenly between U.S. Home Corporation (Tracts 2 and 5) and Arcon Development (Tracts 7A and 78)
9
R
Y
q
2
t
This Agreement made this
PETITION AND WAIVER AGREEMENT
day of 2011, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation "City"), and U.S. HOME CORPORATION, a
"Owner
WINES SETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, the legal description of which is Outlots G and L of Prestwick Place as shown
on EXHIBIT A, attached hereto and hereby made a part hereof; and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as the improvement of Connemara Trail, and as more
specifically described in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter
referred to as the "Improvement Project and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Improvement Project, and to levy $309,803 of the
cost of the Improvement Project against the Subject Property as outlined in EXHIBIT D, attached
hereto and hereby made a part hereof; and
Page 1 G:\ENGPRO.t\43l\petition and waiver US Home Tracts 2 &5.docx
WHEREAS, Owner is a party to an agreement entitled "Joint Development and Cost
Sharing Agreement" entered into and effective as of March 20, 2008 (the "Cost Sharing
Agreement and
WHEREAS, under the Cost Sharing Agreement, various parties have agreed to the
allocation of the costs of the Improvement Project, among other things; and
WHEREAS, one of the parties to the Cost Sharing Agreement is the Dakota County
Community Development Agency (the "DCCDA which is not currently willing to execute a
petition and waiver agreement, or otherwise commit to the City that it will pay, or agree to the
levy of special assessments against its property for its share of the cost of the Improvement
Project as established in the Cost Sharing Agreement; and
WHEREAS, the Owner wishes for the City to proceed with construction of the
Improvement Project and is willing to add the amount of Twenty -Two Thousand, Four Hundred
Three Dollars ($22,403) to the special assessments levied against the Subject Property to cover a
part of the obligation of the DCCDA for the Improvement Project; and
WHEREAS, the City is willing to proceed with construction of the Improvement Project
and levy special assessments therefore, on the basis of the undertaking by Owner to assume
responsibility for payment of special assessments against the Subject Property for an additional
Twenty -Two Thousand, Four Hundred Three Dollars ($22,403), as hereinafter set forth; and
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to finance the costs of the Improvement
Project; and
Page 2 G:\ENGPROJ \43I \petition and waiver US Home Tracts 2 &5.docx
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project without such notices and hearings and is doing so
solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on the
attached EXHIBIT C.
3. The Owner requests that Three Hundred Nine Thousand, Eight Hundred Three Dollars
($309,803) (which includes Twenty -Two Thousand, Four Hundred Three Dollars
($22,403) attributable to the DCCDA property under the Cost Sharing Agreement) of the
cost of the Improvement Project be assessed against the Subject Property. The Owner
understands and the City agrees that if the DCCDA signs a petition and waiver form that
is satisfactory to the City, the City will reduce the assessment against the Subject
Property by $22,403.
4. The Owner waives notice of hearing and hearing pursuant to Minn Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project pursuant to Minn. Stat. Section 429.061, and
specifically requests that the Improvement Project be constructed and special assessments
levied against the Subject Property therefore without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
paragraph 3, and that such increase in fair market value is a special benefit to the
Page 3 G:\ENGPROJ1431\petition and waiver US Home Tracts 2 &5.docx
Subject Property; and
c. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. The City will defer the payment of the special assessment for the Improvement Project,
without interest, until the earliest to occur of the following: i) ten years from the date of
the award of a contract for the Improvement Project (if the Improvement Project is
constructed in phases, the deferment of assessments attributable to each phase will be
terminated ten years after the award of a contract for that phase), or ii) the Subject
Property is subdivided as defined below, or iii) the Subject Property is improved as
defined below:
a. The Subject Property will be deemed to be subdivided upon final approval by the
City Council of a subdivision or division of land that creates buildable lots or parcels
of land. Subdivision into outlots that are not buildable will not be deemed to be a
subdivision.
b. The Subject Property will be deemed to be improved if the owner of the Subject
Property or the owner's authorized representative applies for and is granted a permit
for the construction of any residential, commercial, agricultural, industrial or other
building or structure that requires a building permit.
c. Following the termination of the deferment of the special assessment, the special
assessments may be paid without interest until the earlier of 1) 90 days after
termination of the deferment; or 2) the issuance of a certificate of occupancy for an
improvement or release of a final plat for a subdivision. If the special assessment is
not paid by such date, interest on the assessment will accrue at the rate of five
percent per year from the termination of the deferral until December 31 of the year
in which the assessment is paid. The assessment will be due and payable with ad
valorem real estate taxes in the year following the first November 30 occurring
after the termination of the deferral of the assessment.
d. If the Subject Property is subdivided, the Owner and the City may agree to the levy
of special assessments for the Improvement Project in lieu of payment in accordance
with paragraph c. above, in a subdivision agreement for such subdivision, payable
on terms that are mutually agreed upon.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
8. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a
Page 4 G:\ENGPROJW31\petition and waiver US Home Tracts 2 &5.docx
above.
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project, and the City shall
thereupon execute and deliver such documents, in recordable form, as are necessary to
extinguish its rights hereunder.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
STATE OF MINNESOTA
COUNTY OF DAKOTA
ss.
CITY OF ROSEMOUNT
By:
Notary Public
William Droste, Mayor
And by:
Amy Domeier, City Clerk
The foregoing instrument was acknowledged before me this day of
2011, by William Droste and Amy Domeier, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
Page 5 G:\ENGPROJ\43l \petition and waiver US Home Tracts 2 &5.docx
STATE OF MINNESOTA
ss.
COUNTY OF
OWNER
By:
Its:
And by:
Its:
The foregoing instrument was acknowledged before me this day of
2011, by and the
and respectively,
of ,a ,on
behalf of the
Notary Public
Page 6 G:\ENGPRO.1\431 \petition and waiver US Home Tracts 2 &5.docx
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EXHIBIT B
Description of the Improvements
The following improvements, known as Connemara Trail Improvements (City Project 431, and
the future construction of Connemara Trail east of Akron Avenue), shall be designed,
inspected, surveyed and administered by the City, and installed in the Subject Property by a
Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks /Pathways
Contracts shall provide for construction in accordance with plans and specifications prepared
by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G:\ENGPROJ\43I\petition and waiver US Home Tracts 2 &5.docx
EXHIBIT C
Liens, Interests and Encumbrances
G: \ENGPROA431 \petition and waiver US Hone Tracts 2 &5.docx
1 Prestwick Place Cost Sharing 1
luamssass Irlo.1.
$524,244
I 9ECLO6S
I Z8V886$
I 98$'499$
I Z08`SZS$
$571,744
I 4L9'886$
I 950`0IZ$
8ZL'9LS'l$
1 Z$1
Street 17
OS
0$
oS
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8E0'80Z$
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$287,789
ll£`4££S
0$
801'Z! 15
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(r 6fS
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861`05S
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0$
a
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I 96£'01115
Connemara
Trail East of
Akron Avenue
I I
SE0`LOIS
L51961$
0$
04L`9£1$
S8L'4SS
Z9E`40l$
L81'86S$
0$
OS
L9 IS
Connemara Trail
Nest of Akron
Avenue
ZL0`S£S
$64,275
Z10'60ZS
908`44$
IStiLIS
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Z68't611'ZS
ss433y Zt TJ
0$
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$425,933
0$
OS
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o$
05
I fllt'_6LS
alma., uoJ>Iy
$3,842
140'LS
9Z0`61$
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$3,746
L t0'6IS
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8L9`ZES
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ARCON PEMTOM, LLC
US HOME CORPORATION
AKRON 42 LLC
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
ARCON PEMTOM, LLC
US HOME CORPORATION
AKRON 42 LLC
ARCON DEVELOPMENT INC.
1RCON DEVELOPMENT INC
1
N
r tl4 I
L I
N
1
HL
Tract 2: US HOME CORPORATION
u,amcsa%SV Ielo.L
690'Lf$
I 098'81.55
LI 6)a-1S
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868'985
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8f9'I(IZ$
t Iaaal8
tLC I$
605' I ZS
689'8Z$
Connemara
Trail Fast of
Akron As cone
1:!:6'95
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l'96 1S I
Connemara Trail
\V esl of Akron
As roue
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121.)V Tad .ISO.)
PRESTWICK PLACE 3RD ADDITION
FIITUR1. FINAL PLAT
"1 .111.1. 1
Arnount split evenly between U.S. Home Corporation (Tracts 2 and 5) and Arcon Development (Tracts 7A and 7B)
3
g