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HomeMy WebLinkAbout6.l. Minnova Land, LLC Rezoning and Lot Split Approvals to Allow the Subdivision of an Existing 20 Acre Parsel into One 2.7 Acre Parcel and One 17.3 Acre Parcel (Case 10-22-LS, 10-23-RZ)4ROSEMOUNT CITY COUNCIL City Council Meeting Date: September 7, 2010 EXECUTIVE SUMMARY AGENDA ITEM: Case 10 -22 -LS & 10 -23 -RZ Minnova Land, LLC AGENDA SECTION: Rezoning and lot split approvals to allow the subdivision of an existing 20 acre parcel Consent into one 2.7 acre parcel (Parcel A) and one 17.3 acre parcel Parcel B PREPARED BY: Jason ndahl, A.I.C.P. AGENDA NO. (. Planner , ATTACHMENTS: 8 -24 -10 Draft PC Excerpt Minutes, Rezoning Ordinance, Lot Split Resolution, Minor APPROVED BY: Subdivision Agreement, Driveway Easement, Drain Field Encroachment Easement, Location Map, Certificate of Survey, Park and Recreation Director's Memo dated 8/19/10, Applicant's Narrative. I CAI- RECOMMENDED ACTION: Staff recommends the City Council make the following three motions: 1. Motion to approve an ordinance approving the request from Minnova Land, LLC to rezone the subject property from AGP — Agricultural Preserve to AG — Agriculture. 2. Motion to adopt a resolution approving the Lot Split request from Minnova Land, LLC subdividing their existing 20 acre property into one 2.7 acre parcel (Parcel A) and one 17.3 acre parcel (Parcel B), subject to conditions. 3. Motion to authorize the execution of the Minor Subdivision Development Agreement prohibiting the development of additional units on either Parcel A or Parcel B until such time as they are rezoned to a classification that permits additional units. SUMMARY Applicant & Property Owner(s): Location: Area in Acres: Comp. Guide Plan Desig: Current Zoning: Minnova Land, LLC Directly southeast of the railroad crossing on Bonaire Path approximately 1/3 of a mile east of Akron Avenue 20 Acres LDR — Low Density Residential AGP — Agricultural Preserve The applicant, Minnova Land, LLC, requests rezoning and lot split approvals to allow the subdivision of their existing 20 acre parcel into one 2.7 acre parcel (Parcel A) and one 17.3 acre parcel (Parcel B). The rezoning is necessary to facilitate the subject property coming out of the Agricultural Preserve program. Should the City approve the rezoning and lot split requests, the applicant intends to sell Parcel A which includes the existing single family home and retain Parcel B for future development. Staff recommends approval of these requests, subject to the conditions detailed herein. PLANNING COMMISSION ACTION The Planning Commission reviewed this item during their August 24, 2010 meeting. Excerpt minutes from that meeting are attached for your reference. Staff presented the item and the Commission held a public hearing that produced no comments. Commissioner Powell asked about the existing drain field and its encroachment onto the newly created parcel. Staff indicated this design was acceptable because the applicant has agreed to provide an easement to allow this encroachment. Commissioner Powell also asked about the driveway easement. Staff stated that the driveway easement will allow the required access. Both easements have been reviewed by the City Attorney and are attached. The Commission then recommended the City Council approve the proposed rezoning and subdivision requests subject to conditions. ISSUE ANALYSIS Rezoning. When considering a rezoning request, there are four key criteria for the City to weigh. These criteria and staffs findings for each are outlined below. Based on this information, staff recommends approval of the rezoning proposal. Consistency with Comprehensive Plan. The subject property is guided LDR — Low Density Residential. In this case, the applicant requests rezoning from AGP — Agricultural Preserve to AG — Agriculture to facilitate a lot split while holding the balance of their property for future development. The property has been withdrawn from the Agriculture Preserve Program in August 2010. Staff finds the proposed rezoning consistent with the goals and policies of the Comprehensive Plan subject to the condition that the lot split will maintain the existing density by prohibiting additional units on Parcel B until it is rezoned to a classification permitting additional units. Compatibility with Present and Future Land Uses. The proposed rezoning is compatible with present and future land uses. The surrounding present and future land uses are detailed in the table below. The proposal is compatible with present and future land uses in that it creates a 2.7 acre lot that can support the existing single family home and portions off a 17.3 acre lot for future development without increasing the density. Staff recommends, and the applicant has agreed to, a condition of approval that no additional units will be allowed on parcel B until it has been rezoned to a classification permitting additional units. Present and Future Land Uses Surrounding the Minnova Land, LLC Site Direction Present Future North Agriculture Agriculture South Agriculture Low Density Residential East Agricultural Low Density Residential West Agricultural Low Density Residential 2 Conformance with New Zoning Standards. With the exception of lot size, the performance standards for the AGP district and the AG district are identical. As a result, staff finds both properties conform to the standards for the AG — Agriculture district. A detailed analysis of these standards is provided in the lot split analysis below. Availability of Utilities Rezoning to AG — Agriculture does not require the availability of or connection to City sewer or water services. Should the applicant request to develop the property consistent with the LDR land use designation, connection to these services will be required. Staff recommends a condition of approval requiring Minnova Land, LLC to enter into an agreement with the purchaser of Parcel A detailing that Parcel A will be required to connect to City sewer and water services at such time as Parcel B is developed and utilities are made available. SUBDIVISION REQUEST Standards for reviewing subdivision requests are contained in Title 12 of the Rosemount City Code - the Subdivision Regulations. Overall, this application meets the minimum requirements of the Subdivision Regulations as well as the lot and dimensional standards for the associated land use and zoning classifications. The applicable standards, along with staff findings related to each, are provided below. Land Use and Zoning. Should the City approve the rezoning from AGP — Agricultural Preserve to AG — Agriculture, the proposed lot split request is consistent with the land use and zoning classifications of the properties. The properties are currently guided LDR — Low Density Residential by the Comprehensive Plan. Given the proposed single family and agriculture uses, the AG zoning is appropriate. Lot Analysis Standards for the AG Lot Sizes . ft. Lot Width feet Lot De th feet Accessory Structure Lot Status Required Proposed Required Proposed Required Proposed Parcel A Acres 50 Feet 5 Feet 463 Maximum Building Height 230 Conforming N/A 1 Unit/40 Acres 300 N/A Parcel B Dense Ares 753 1,203 Conforming Setbacks. The setback standards for the AG district are outlined in Section 11 -4-1 and illustrated in the table below. For Parcel A, the existing single family dwelling will conform to the required setbacks but the existing drain field will encroach into Parcel B. Minnova Land has agreed to grant an easement for this encroachment until they develop Parcel B (see attached). This agreement also requires Parcel A to connect to City sewer and water when Parcel B is developed and utilities are made available. Setback Standards for the AG — Aariculture District Category Principal Structure Accessory Structure Surface Parking Front Yard Setback 50 Feet 30 Feet 30 Feet Side Yard Setback 50 Feet 30 Feet 30 Feet Rear Yard Setback 50 Feet 5 Feet 5 Feet Maximum Building Height 50 Feet 75 Feet N/A K1 Parcel B contains an existing accessory structure (barn) with an existing non - conforming east side yard setback. The proposed lot split does not increase this non - conformity. State law and Section 11 -11 -2, states that non - conforming structures may be continued through repair, replacement, restoration, maintenance or improvement but not through expansion. Any expansion shall be subject to the existing performance standards of the AG district. The existing barn may remain and be used as an accessory building to the principal agricultural use of Parcel B. Access. Parcel B will have direct access from Bonaire Path through the existing driveway. Minnova Land will grant an easement across this driveway to facilitate ingress and egress to the existing single family dwelling on Parcel A (see attached). This easement is set to expire at such time as Minnova Land develops Parcel A. Parks and Open Space. The Park and Recreation Department has reviewed the proposed lot split in the attached memo dated August 19, 2010. According to this memo, the Park and Recreation Director recommends the applicant pay a park dedication fee in lieu of land equal to one residential unit or $3,400. Sidewalks, Trails and Pathway. Properties in the AG district are established to encourage the long term continuation of agricultural and related uses which are both suitable for agriculture and are not planned for urban development. Given this information and the relatively isolated location of these properties, staff finds that no pedestrian access facilities are necessary at this time. The need for sidewalks, trails and pathways will be reexamined when Parcel B is further developed. CONCLUSION & RECOMMENDATION Staff recommends approval of both the rezoning from AGP — Agricultural Preserve to AG — Agriculture and the lot split subdividing the existing 20 acre parcel into one 2.7 acre parcel (Parcel A) and one 17.3 acre parcel (Parcel B). The applicant plans to sell Parcel A which includes the existing single family dwelling and hold Parcel B for future development. Staff's recommendation is based on the plans and documents submitted by the applicants as well as the findings made in this report and is subject to the conditions outlined in the Recommended Action section above. 4 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING AUGUST 24, 2010 b. Request by Minnova Land, LLC for Rezoning and Lot Split Approvals (10- 22 -LS, 10- 23 -RZ). Planner Lindahl reviewed the staff report and stated that the applicant, Minnova Land, LLC, requests rezoning and lot split approvals to allow the subdivision of their existing 20 acre parcel into one 2.7 acre parcel (Parcel A) and one 17.3 acre parcel (Parcel B). The rezoning is necessary to facilitate the subject property coming out of the Agricultural Preserve program. Mr. Lindahl explained to the Commission that should the City approve the rezoning and lot split requests, the applicant intends to sell Parcel A including the existing single family home and retain Parcel B for future development. Commissioner Powell asked about the existing drain field that encroaches onto parcel B and whether or not there needs to be an easement on Parcel B to continue using that drain field in the event the owners of the two parcels are different. Mr. Lindahl replied the drain field provides drainage to Parcel A, but nothing on Parcel B. The applicant and potential purchaser would enter into a purchase agreement that would state they would allow the purchaser to use that portion of Parcel B until development would occur. When development occurs on the property, it would be stated in the agreement that the easement is no longer valid. Commissioner Powell then asked if there would be a backup system in the event the drain field on Parcel A fails. Mr. Lindahl replied that the system recently had some improvements made to it and it is capable of operating for some time in the future. Senior Planner Zweber added that utilities are available to the larger property of Parcel B when development occurs so if an emergency would happen, utilities would be available. Commissioner Powell inquired about the driveway and whether the proposed easement contained the existing driveway or will they have to relocate it. Mr. Lindahl replied that the existing driveway is contained in the easement and the City Attorney is reviewing the easement documents. Commissioner Demuth asked staff if they have ever had the experience of requiring a property owner to hook up to city water. Mr. Zweber replied that when Bonaire and Harmony were constructed, two homes needed to go to city water because their septic systems did not pass the three year test. City ordinance requires the homeowner to hook up to city water instead of making additional improvements to the existing system. Mr. Zweber further stated that the ordinance currently allows 10 years on an existing septic system in working order. Mr. Lindahl added that the agreement does provide specific language that requires the homeowner to maintain the system during the life of the single family home. Chairperson Ege invited the applicant to approach the Commissioner. Applicant, John Chadwick, of Minnova Land, LLC, located at 11430 Zion Circle, Bloomington, Minnesota, approached and stated that there are a lot of issues involved with splitting a small parcel of land. With respect to the driveway easement, Mr. Chadwick stated that the easement that will be recorded is in the current location and it will be the location of the roadway when it is developed. Mr. Chadwick stated Minnova is anxious to get the process moving and feels it is a good location for future development being located next to the new park area given to the City by Flint Hills. The public hearing was opened at 7:11 p.m. Clayton Byrd, 3345 Lexington Avenue South, Eagan, is the realtor representing the purchasers of the existing single family home on Parcel A. Mr. Byrd stated the key issue is the cost of utilities of hooking up to city water. The purchaser is the current renter so they are familiar with the property. There were no further public comments. MOTION by Ege to close the public hearing. Second by Irving. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 7:13p.m. There was no further discussion among the Commissioners. MOTION by Kolodziejski to recommend the City Council approve the request from Minnova Land, LLC to rezone the subject property from AGP — Agricultural Preserve to AG — Agriculture. Second by Powell. Ayes: 5. Nays: None. Motion approved. MOTION by Kolodziejski to recommend the City Council approve the Lot Split request from Minnova Land, LLC subdividing their existing 20 acre property into one 2.7 acre parcel (Parcel A) and one 17.3 acre parcel (Parcel B), subject to the following conditions: A. Rezoning the subject property from AGP — Agricultural Preserve to AG — Agriculture. B. Execution and recording of the Minor Subdivision Agreement and Declaration stating that no additional units will be allowed on Parcel B until such time as it is rezoned to a classification that permits additional units and is connected to City sewer and water. The agreement shall include a requirement that Parcel A be required to connect to City sewer and water at such time as Parcel B is developed and utilities are made available. C. Dedication of an access easement of sufficient width to accommodate the necessary access to Parcel A from Bonaire Path. D. The existing barn on Parcel B may remain and be used as an accessory building to the principal agricultural use of Parcel B. Any improvements to this non- conforming structure shall be consistent with the standards in state law. E. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee and 1 unit of Park Dedication equal to $3,400. Second by Powell. Ayes: 5. Nays: None. Motion approved. Mr. Lindahl stated this item will go before the City Council for approval at the meeting on September 7, 2010. City of Rosemount Ordinance No. B -209 AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE Minnova Land, LLC THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended to rezone property from AGP — Agricultural Preserve to AG - Agricultural that is located at 1450 Bonaire Path East, within the City of Rosemount legally described as follows: THE N 1203.5 FT OF E 753 FT OF SE 1/4, SECTION 22, TOWNSHIP 115, RANGE 19, EX RR, DAKOTA COUNTY, MINNESOTA. Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled "Zoning Map of the City of Rosemount," shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this Th day of September, 2010. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of , 2010. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2010- A RESOLUTION APPROVING A LOT SPLIT REQUEST FROM MINNOVA LAND, LLC SUBDIVIDING AN EXISTING 20 ACRE PROPERTY (PARCEL # 34- 02200 - 012 -75) INTO A 2.7 ACRE PARCEL (PARCEL A) AND A 17.3 ACRE PARCEL (PARCEL B) WHEREAS, the Community Development Department of the City of Rosemount received an application from Minnova Land, LLC (herein after the "Applicant ") requesting a Lot Split to divide their existing 20 acre property (herein after the "Existing Tax Parcel ") legally described as follows: THE N 1203.5 FT OF E 753 FT OF SE '/4, SECTION 22, TOWNSHIP 115, RANGE 19, EX RR, DAKOTA COUNTY, MINNESOTA. WHEREAS, the Applicant's Lot Split request proposes to subdivide the Existing Tax Parcel into a 2.7 acre parcel and a 17.3 acre parcel for future development; and WHEREAS, on August 24, 2010, the Planning Commission of the City of Rosemount held a public hearing to review the proposed Lot Split and found it consistent with the Subdivision Ordinance as well as the lot and dimensional standards for the associated land use and zoning classifications; and WHEREAS, on August 24, 2010, the Planning Commission adopted a motion to recommend that the City Council approve the proposed Lot Split, subject to conditions; and WHEREAS, on September 7, 2010, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Lot Split request and agreed with the Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Applicant's lot split request to subdivide the existing tax parcel into two (2) properties identified as Parcel A and Parcel B on the attached survey (EXHIBIT A) and legally described below. This approval is also subject to the conditions listed below. Parcel A: The North 525 feet of the West 230 feet of the East 447 feet of the SE 1/4 of Section 22, Township 115, Range 19 lying southeasterly of the Railroad Right of Way, Dakota County, Minnesota. AND Parcel B: The North 1203.5 feet of the East 753 feet of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota. Except the following: The North 525 feet of the West 230 feet of the East 447 feet of the SE 1/4 of Section 22, Township 115, Range 19 lying southeasterly of the Railroad Right of Way, Dakota County, Minnesota. RESOLUTION 2010 - Conditions of approval: 1. Rezoning the subject property from AGP — Agricultural Preserve to AG — Agriculture. 2. Execution and recording of the Minor Subdivision Agreement and Declaration stating that no additional units will be allowed on either Parcel A or Parcel B until such time as they are rezoned to a classification that permits additional units. 3. Dedication of an access easement of sufficient width to accommodate the necessary access to Parcel A from Bonaire Path. 4. The existing barn on Parcel B may remain and be used as an accessory building to the principal agricultural use of Parcel B. Any improvements to this non - conforming structure shall be consistent with the standards in state law. 5. Payment of all applicable development fees including a $300 Geographic Information (GIS) fee and 1 unit of Park Dedication equal to $3,400. ADOPTED this 7th day of September, 2010, by the City Council of the City of Rosemount. William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk MINOR SUBDIVISION AGREEMENT AND DECLARATION This Agreement is made and entered into this day of , 2010, by and between The City Of Rosemount ( "City ") and Minnova Land, LLC, a Minnesota limited liability company ( "Owner"). WHEREAS, Owner owns the following parcel of land located in Dakota County, Minnesota, identified as Parcel Identification Number ( "PID ") 34- 02200 - 012 -75, herein referred to as "Existing Tax Parcel," to -wit: The North 1203.5 feet of the East 753 feet of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota. WHEREAS, Owner desires to divide the Existing Tax Parcel into two (2) tax parcels (the "Subdivision ") to be identified as follows, to -wit: PARCEL A: The North 525 feet of the West 230 feet of the East 447 feet of the SE 1/4 of Section 22, Township 115, Range 19 lying southeasterly of the Railroad Right of Way, Dakota County, Minnesota AND PARCEL B: The North 1203.5 feet of the East 753 feet of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota Except the following: The North 525 feet of the West 230 feet of the East 447 feet of the SE 1/4 of Section 22, Township 115, Range 19 lying southeasterly of the Railroad Right of Way, Dakota County, Minnesota. WHEREAS, Parcel A is improved with a residence; and 374360 CLL RS220 -305 WHEREAS, in connection with the Subdivision, the Existing Tax Parcel is being rezoned from AGP - Agricultural Preserve to AG - Agriculture; and WHEREAS, the Rosemount City Code provides, as of the date of this Declaration, that no more than one dwelling unit may be constructed per 40 acres; and WHEREAS, the City has approved the Subdivision of the Existing Tax Parcel on the condition that this declaration be executed and recorded against the title to Parcels A and B to assure that no more dwelling units are constructed on Parcels A or B as a result of the Subdivision; and WHEREAS, Owner desires to subject Parcels A and B (each a "Parcel ") to the terms of this declaration to secure the benefit to Owner and to Parcels A and B of the Subdivision of the Existing Tax Parcel. NOW THEREFORE, Owner declares that Parcels A and B are, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions as follows: 1. No dwelling units will be allowed on Parcel B until such time as it is rezoned to a classification that permits additional units. 2. No additional dwelling units will be allowed in Parcel A until such time as it is rezoned to a classification that permits additional units. 3. Owner will record in the real estate records of Dakota County, at Owner's expense, a declaration of easements encumbering Parcels A and B and providing amongst other covenants and conditions, the terms and conditions of paragraphs 1 and 2 above of this Agreement. 4. The parties agree that this Agreement shall be recorded in the real estate records of Dakota County at the expense of Owner. 5. This Agreement has been approved by the City Council of the City of Rosemount. 6. This Agreement shall run with the land of Parcels A and B and bind the heirs, successors and assigns of Owner. 7. The obligations and restrictions of this Agreement may be enforced by the City of Rosemount, acting through its City Council. This Agreement may be amended from time to time by a written amendment executed by the City and the Owner of the Parcel affected by the amendment. 374360 CLL RS220 -305 CITY OF ROSEMOUNT By: William H. Droste, Mayor STATE OF MINNESOTA ) ) ss: COUNTY OF DAKOTA ) By: Amy Domeier, Clerk This Agreement was executed before me this day of , 2010, by William H. Droste and Amy Domeier, the Mayor and Clerk, respectively, for the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation. Notary Public MINNOVA LAND, LLC John E. Chadwick, President STATE OF MINNESOTA ) ) ss: COUNTY OF This Agreement was executed before me this day of , 2010, by John E. Chadwick, the President of Minnova Land, LLC, a limited liability company under the laws of the state of Minnesota, on behalf of the limited liability company. Notary Public This Instrument Drafted By: MOSS & BARNETT (PBZ) A PROFESSIONAL ASSOCIATION 90 South Seventh Street 4800 Wells Fargo Center Minneapolis, MN 55402 Phone: (612) 877 -5000 374360 CLL RS220 -305 MORTGAGEE'S CONSENT TO MINOR SUBDIVISION AGREEMENT AND DECLARATION The undersigned, as the holder of a recorded mortgage encumbering the real property in Dakota County, Minnesota legally described in the foregoing Minor Subdivision Agreement and Declaration ( "Agreement ") hereby consents to foregoing Agreement, subordinates the mortgage to the Agreement, and agrees that the foreclosure of the mortgage will have no effect on the continuing validity and enforceability of the Agreement. Signed and delivered as of 92010. The Business Bank, a Minnesota banking corporation By: _ Name: Title: 374360 CLL RS220 -305 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2010 by , the of The Business Bank, a banking corporation under the laws of the state of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgement Notarial Stamp 374360 CLL RS220 -305 DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS ( "Declaration ") is made as of 2010 by MINNOVA LAND, LLC, a Minnesota limited liability company ( "Declaran RECITALS A. Declarant is the owner of fee title to the real property in the City of Rosemount, Minnesota legally described on attached Exhibit A (the "Original Parcel "). B. Declarant desires and intends to subdivide the Original Parcel to establish one parcel that is currently improved with a residence (the "House Parcel ") and a remainder parcel (the "Remainder Parcel "). The House Parcel is legally described on attached Exhibit B and the Remainder Parcel is legally described on attached Exhibit C. C. The existing driveway providing ingress and egress from the public right of way to the House Parcel is located on the Remainder Parcel (the "Driveway "). Declarant desires and intends to establish a driveway easement ( "Driveway Easement ") over and across the Remainder Parcel in the location shown on attached Exhibit D (the "Driveway Easement Area ") and as legally described on attached Exhibit E to enable the Driveway to continue to provide ingress and egress to the House Parcel on the terms and conditions set forth in this Declaration. The Driveway is located within the Driveway Easement Area. D. A portion of the drain field of the septic system serving the House Parcel is located within the Remainder Parcel as shown on attached Exhibit D. Declarant desires and intends to establish an easement ( "Septic Easement ") for the drain field to continue to serve the House Parcel on the terms and conditions set forth in this Declaration. The area of the Septic Easement over, across, in and under the Remainder Parcel is legally described on attached Exhibit F (the "Drain Field Easement Area "). E. Declarant desires and intends to subdivide the Remainder Parcel to enable the development of the Remainder Parcel ( "Subdivision "). In connection with the Subdivision, Declarant will cause public streets and utilities to be installed (the "Public Improvements "). The Public Improvements will serve the House Parcel and the Remainder Parcel, and will also serve additional land as determined by Declarant. 16392300 Construction of the Public Improvements will result in (i) the Driveway and Driveway Easement terminating and being superseded and replaced by a public right of way and street (the "New Street "); and (ii) termination of the Septic Easement, removal of the septic system serving the House Parcel, and the House Parcel being served by public utilities. F. Declarant wishes to declare and create easements over, under, across and through the Remainder Parcel for the benefit of the House Parcel. NOW, THEREFORE, in consideration of the facts stated above and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Declarant hereby declares as follows: 1. Recitals and Exhibits. The foregoing Recitals and the attached Exhibits are hereby incorporated into and made a part of this Declaration. 2. Creation of Easements. Declarant hereby declares and creates the following easements (collectively, the "Easements "), over, across, in and under portions of the Remainder Parcel for the benefit of the House Parcel: a. A non - exclusive easement for the benefit of the House Parcel (the "Driveway Easement ") over, under, across and through the Driveway Easement Area as shown on attached Exhibit D and legally described on attached Exhibit E solely for the purpose of having and using the Driveway for ingress and egress from the public right of way to the House Parcel. b. An exclusive easement for the benefit of the House Parcel (the "Septic Easement ") to have and maintain on the Remainder Parcel the existing drain field at the location shown on attached Exhibit D and as legally described on attached Exhibit F (the "Drain Field Easement Area "). 3. Maintenance and Use of the Driveway and Driveway Easement Area. The owner of fee title to the House Parcel (the "House Parcel Owner" and one of the "Owners ") shall be solely responsible at that Owner's cost and expense for all maintenance and repair of the Driveway, including snow plowing. Declarant, or Declarant's assign, as owner of the fee title to the Remainder Parcel (or "Remainder Parcel Owner" and one of the "Owners ") shall have no maintenance obligations with respect to the Driveway. The Driveway Easement is non - exclusive and Declarant may use the Driveway for ingress and egress from the Remainder Parcel to the public right of way and the Driveway Easement Area in any manner that does not interfere with the reasonable use of the Driveway by the House Parcel Owner. Declarant shall not damage the Driveway and shall promptly repair any damage to the Driveway done by Declarant, except as necessary in construction of the New Street and the Public Improvements as provided in Section 5 below. 4. Relocation of the Driveway. The House Parcel Owner and Declarant shall have the right to relocate the Driveway within the Driveway Easement Area at that Owner's sole cost and expense following fourteen days written notice to the other Owner. 163923002 5. Location of the Public Improvements and Driveway. The Subdivision will provide for a street right of way over and street over and across the Driveway Easement Area, unless Declarant determines another location is suitable and beneficial for the Subdivision and as approved by the City of Rosemount ( "City ") and provided that the House Parcel has reasonable and suitable street access to the public right of way. The Public Improvements will include construction of a public street with utilities in the area of the Driveway Easement Area and additional areas on the Remainder Parcel as determined by Declarant. The New Street will replace the Driveway and Driveway Easement. 6. Cost of Public Improvements. Declarant will pay the entire cost of the development and construction of the Public Improvements, and the House Parcel Owner will not pay any of the cost, except as expressly provided in this Declaration. 7. Utility Service Stubs. The Public Improvements will include at the cost of Declarant one (1) service stub suitable for providing utility service (for each of sanitary sewer and water service). If prior to completion of construction of the New Street, the House Parcel Owner requests in writing that Declarant construct additional utility service stubs to service the House Parcel, Declarant will install the additional service stubs at the cost and expense of the House Parcel Owner. 8. Interim Sanitary Sewage Service. During construction of the Public Improvements, and until the House Parcel is connected to the sanitary sewer service provided by the Public Improvements, to ensure that the House Parcel is served by a septic system without there being surface discharge of untreated sewage, Declarant shall as necessary either (i) convert the existing septic tank to a holding tank with a monitor and adequate alarm system, or (ii) install a monitor with an adequate alarm system on the existing holding tank, and shall keep the holding tank in compliance with governmental requirements and functional until the sanitary sewer service is available for connection to the house on the House Parcel. Declarant shall have a right of access to the House Parcel as reasonably necessary to install and connect the holding tank and the monitor. Declarant shall also, at Declarant's cost and expense, remove any of the drain field and septic system located within the Remainder Parcel. 9. Sanitary Sewer and Utilities Connections. The House Parcel Owner shall at the sole cost and expense of that Owner, promptly connect the House Parcel to the sanitary sewer service to provide sanitary sewer service to the house on the House Parcel upon notice from Declarant or from the City that the service is available for connection. Following connection to the public sanitary sewer system and City inspection and approval of the connection, the House Parcel Owner shall at that Owner's sole cost and expense remove the holding tank and septic system distribution and treatment facilities that service the House Parcel as of the date of this Declaration and as of the date of the connection, other than those parts of the facilities removed by Declarant as provided in Section 8 above of this Declaration. The House Parcel Owner shall promptly connect to public water provided the Public Improvements upon notice by the City that the service is available and shall pay the costs of constructing water utility line from the house to the utility service stub provided by Declarant. 10. Utility Connection Costs. The House Parcel Owner shall pay the connection costs for all utilities serving the House Parcel and if the House Parcel Owner elects to further 163923003 subdivide the House Parcel, the House Parcel Owner shall pay the cost for additional connections to the public utilities including the cost of service stubs and other costs as determined by the City. 11. Cooperation and Government Approvals. The House Parcel Owner will cooperate with Declarant in good faith to enable Declarant to obtain governmental approval of Declarant's plans for the Subdivision and to enable Declarant to construct the Public Improvements, including the usual and customary requirements of the City relating to the Subdivision, and will promptly execute any related documents reasonably required by Declarant to accomplish the Subdivision and the construction of the Public Improvements. It is the intent of Declarant that the New Street be a public street to serve any subdivision of either Parcel, subject to such modifications and relocation as determined by Declarant, and further subject to the understanding that the Owners of the Parcels will cooperate with each other and the City in the event that the City determines that an alternative location is suitable or preferred for the New Street. 12. Covenants Running with the Land. The agreements and covenants created by this Declaration are intended to, and shall, run with the House Parcel and the Remainder Parcel (the "Parcels ") and shall inure to the benefit of and be binding upon the parties hereto, and all current and subsequent Owners of fee title to the Parcels, their successors and assigns, and the encumbrances of any of the Parcels, and all persons claiming under any of them, subject to termination of this Declaration as provided in Section 13 below. It is Declarant's intent that Declarant complete the Subdivision; provided, however, that if Declarant conveys the Remainder Parcel prior to or in connection with undertaking the Subdivision, the successor and assignee shall be bound as the Declarant hereunder and the Declarant first named above released unless the Declarant first named above remains expressly obligated as set forth in a writing signed by that party (together with its successor or assignee) and so notifies the House Parcel Owner. 13. Termination. This Declaration shall terminate upon completion of the Public Improvements and City acceptance of the Public Improvements, except that the obligation of the House Parcel Owner to connect the house and House Parcel to the public utilities provided by the Public Improvements shall survive until the connection is completed and approved by the City. 14. Miscellaneous. A. Owner and Parcels Defined. "Owner of the House Parcel" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any of the House Parcel. However, if the House Parcel Owner transfers the same or a part thereof by contract for deed, then unless the contract for deed provides otherwise, the contract purchaser under the contract for deed shall be deemed to be the Owner for the purposes of this Declaration. The term "Declarant" shall have the meaning set forth in the Recitals and in Section 13 above. Declarant is also an "Owner." 163923004 B. Arbitration. Any claim or controversy arising out of or relating to this Declaration shall be settled by arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be Minneapolis, Minnesota or any other place mutually agreed upon by the parties. Any award of the arbitrator may be entered in any court of appropriate jurisdiction pursuant to Minnesota Statutes § 572.08 et. seq., which statutes, relating to arbitration, are incorporated herein by reference. If the arbitrator finds that any party to the arbitration has acted in bad faith with regard to the underlying dispute or the arbitration, the arbitrator may make an award of reasonable attorneys fees and the costs of the arbitration (including the arbitrator's fees) to the other party to the arbitration. In addition to all methods for enforcement of the award otherwise given by law (including all equitable remedies), each party shall have the right to seek from any court of appropriate jurisdiction equitable or provisional remedies (such as temporary restraining orders, temporary injunctions, and the like) before or during any arbitration. C. Non - Waiver. The failure of an Owner to insist upon strict performance of any of the terms, covenants, and conditions hereof shall not be deemed a waiver of any rights or remedies which that Owner may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. D. Governing Law. This Declaration and the rights and obligations set forth herein shall be interpreted in accordance with the laws of the State of Minnesota. E. Notice. In any case, when it is required for any Owner to serve any notice or demand upon any other Owner, it shall be sufficient to obtain actual notice by hand delivery to such other Owner, or to send a written notice by certified mail, postage prepaid, addressed as set forth below or to such other address as set forth in a written notice from the Owner of the Parcel and given in the manner required herein: To the House Parcel Darren Johnson and Deanne Johnson Owner: 1450 Bonaire Path East Rosemount, MN 55068 To Declarant: Minnova Land, LLC c/o John E. Chadwick 11430 Zion Circle Bloomington, MN 55437 -3622 Notices shall be deemed delivered on the date of actual receipt of hand delivery of any notice or two days after the date of deposit into the United States mail in the case of mailed notice. 163923005 IN WITNESS WHEREOF, Declarant has executed this Declaration to be effective as of the day and year first set forth above. MINNOVA LAND, LLC Bv: Name: John E. Chadwick Its: President STATE OF MINNESOTA ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me on , 2010, by John E. Chadwick, the president of Minnova Land, LLC, a Minnesota limited liability company. Notarial Stamp Signature of Notary Public This instrument drafted by: MOSS & BARNETT (PBZ) A Professional Association 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 (612) 877 -5000 163923006 EXHIBIT A Legal Description of the Original Parcel The North 1203.5 feet of the East 753 feet of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota. 16392300 EXHIBIT B Legal Description of the House Parcel The North 525 feet of the West 230 feet of the East 447 feet of the SE 1/4 of Section 22, Township 115, Range 19 lying southeasterly of the Railroad Right of Way, Dakota County, Minnesota. 16392300 EXHIBIT C Legal Description of the Remainder Parcel The North 1203.5 feet of the East 753 feet of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota Except the following: The North 525 feet of the West 230 feet of the East 447 feet of the SE 1/4 of Section 22, Township 115, Range 19 lying southeasterly of the Railroad Right of Way, Dakota County, Minnesota. 16392300 EXHIBIT D Sketch Showing the Driveway Easement Area and the Drain Field Easement Area ---------------------------------------------- � NaN MO Of 11, 31 1/4 m Spa 2R T. 1/3, 8 18 3733$WV5t'E ...�..— ...— ...— ...— ... —.... _... —. — ...— ...— ...— ..— ..— ...— ..._... A 135TH ��c STREET ... -.. I 217.00 EAST - - - -0 - -- -dal ---- - - - - -- — - -L ------- - - - - -- 2� Fuw. 30 root IMIL ]me ••�'• dd y�5 $ i/ I Cd 1 $ yEyE $ I $ $ I 8 I�r--- --- - -�e Drainfield Easement Area' Area: 1'emRh(�10.787 Sy. fl. T.QI Aa NRi0.t- 1aSDee � R. 2�SOQSt/�w. � wa�ot 2W M If 0. eau � feet f 1W SE 1/4 of Soa 22. L 113, R 18 16392300 m� qGq 2� y�5 $ Drainfield Easement Area' Area: 1'emRh(�10.787 Sy. fl. T.QI Aa NRi0.t- 1aSDee � R. 2�SOQSt/�w. � wa�ot 2W M If 0. eau � feet f 1W SE 1/4 of Soa 22. L 113, R 18 16392300 m� qGq Drainfield Easement Area' Area: 1'emRh(�10.787 Sy. fl. T.QI Aa NRi0.t- 1aSDee � R. 2�SOQSt/�w. � wa�ot 2W M If 0. eau � feet f 1W SE 1/4 of Soa 22. L 113, R 18 16392300 EXHIBIT E Legal Description of the Driveway Easement Area The West 30.00 feet of the East 217.00 feet of the North 308.00 feet of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota. 16392300 EXHIBIT F Legal Description of the Drain Field Easement Area That part of the East 217.00 feet of the Southeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, described as follows: Commencing at the northwest corner of said East 217.00 feet of the Southeast Quarter; thence South 00 degrees 10 minutes 12 seconds West, assumed bearing, along the west line of said East 217.00 feet a distance of 333.07 feet to the point of beginning of said area to be described; thence continuing South 00 degrees 10 minutes 12 seconds West 86.06 feet; thence North 44 degrees 10 minutes 10 seconds East 61.91 feet; thence North 45 degrees 49 minutes 50 seconds West 59.78 feet to the point of beginning. 16392300 MORTGAGEE'S CONSENT TO DECLARATION OF EASEMENTS The undersigned, as the holder of a recorded mortgage encumbering the real property in Dakota County, Minnesota legally described in the foregoing Declaration of Easements ( "Declaration ") hereby consents to foregoing Declaration, subordinates the mortgage to the Declaration, and agrees that the foreclosure of the mortgage will have no effect on the continuing validity and enforceability of the Declaration. Signed and delivered as of , 2010. The Business Bank, a Minnesota banking corporation By: _ Name: Title: 16392300 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2010 by , the of The Business Bank, a banking corporation under the laws of the state of Minnesota, on behalf of the corporation. Signature of Person Taking Acknowledgement Notarial Stamp 16392300 2 Print Preview Minnova Land, LLC Page 1 of 1 Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Mai) Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 934 feet appraisal, survey, or for zoning verification. http: / /gis.co. dakota. mn. us/ website ldakotanetgislprintPreview .aspx ?PrintOptData = Minnova Land, LLCIOI... 08/11/2010 It cc oye a y ��i ore=m mo >w Z I a = a s _ J Z U 'NN RRE ELaEL'cao- ir m¢oSE =cjmm�_ ° Q m �w G �� g _m _$ - S�m -m° O N 9 W fI, m 5g� W W 8� __ ��` m ;° w w Mw zz a @fifiH z€ 3€ a; g'g�gFo a Z ¢ JZ a�„ S °8Y5 cZc W �� NPC SY ►- LLI a5 myp p WOnWOa°a IL G d =LJ.J NWd Ln cEv i SEE ---- - - - - -- - - o� V ZI 8 ul. 2d5 < w o 'nom nNs 4 ipva 440 at �p N� Nnl /gym Vp' mNYQI m mN 0 3' 3� o- o- Qr a °Nz° a °ci w KaosEMOUNr PARKS AND RECREATION M E M O R A N D U M To: Kim Lindquist, Community Development Director Jason Lindahl, Planner Andy Brotzler, City Engineer Eric Zweber, Senior Planner Phil Olson, Project Engineer From: Dan Schultz, Parks and Recreation Director Date: August 19, 2010 Subject: Minnovea Lot Split I am recommending that we collect park dedication fees for one unit on this lot split. The dedication amount would be $3,400. If this new parcel was to subdivide in the future, we will review the need for additional parks dedication. Please call me at 651 -322 -6012 if you have any questions about this memo. G 2010 Planning Cases 10 -22 -LS %linnova Land, LLC Lot Split Applicationillinnovea Lot Split Park and Rec Commnets 8.19- 10.doc July 28, 2010 Mr. Jason Lindahl AICP Planner City of Rosemount 2875 145th St W Rosemount, MN 55068 -4997 Re: Groth 20 acre homestead lot split Dear Mr. Lindahl Minnova Land, LLC has owned the 20 acre parcel located at 1450 Bonaire Path East for several years. The long term intent of our ownership is to hold the bulk of the property as agricultural land until such time as it may be developed with city services in accordance with the city's comprehensive plan. The property is currently zoned AG -P and is located southeast of where the railroad tracks cross Bonaire Path East (see attached concept plan). The reason we are seeking this lot split is that our ownership group has decided that we need to sell the farmstead. For the past few years, we have managed to rent the house but often with difficultly since the structure has always seemed to be better suited for owner occupied residents rather than rental residents. The house is large, has many updates, is on a large lot and also comes with a large pole barn. All the improvements are in very good shape and are relatively new. The problem we have found with renting this house is that most renters are not at a point in their life where they have the time, desire or the equipment to maintain a multi -acre lawn. Renting has been difficult. In addition, with the rural location and large pole barn, we are concerned about the potential for a renter to start business or other activities that might create a maintenance or enforcement headache for both our company and the city. The home should be a wonderful asset for an owner occupied buyer and we have recently adding numerous updates in anticipation of placing the home on the market. Once our company decided that we needed to sell the homestead, we became concerned that its 20 acre size could result in a sale to someone who intends to hold the property as a hobby farm and would not want to develop it on a timeframe that matches with the city's comprehensive planning efforts. This becomes problematic for our company because we have adjacent lands that may need the development of this parcel in order to provide better traffic circulation, more efficient extension of utilities and ultimately a better quality product for the community. This led to the decision to seek the lot split approval that we are now seeking. It is important to recognize that the approval of this lot split should not impact the physical attributes of the property in any way nor give us any new development rights. We are willing to place restrictions on the new 15.5 acre parcel to ensure that another building can not be constructed upon it until such time as the city extends municipal services and rezones it for urban residential densities. We will not have any commercial uses in that shed. It will be for storage of owner's property. There will be no building of any residences on this parcel until such time as urban services are extended to the site. The septic system will be able to be used by the buyer as well as the driveway. The septic will be abandoned and the house will hook up to the City sewer when it is available. There is a draft easement agreement that is attached to this letter and labeled First Amendment to Purchase Agreement that covers these issues. Please let me know if you need any additional information and I look forward to working with the City of Rosemount on this application. Sincerely, John E. Chadwick