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
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Area:
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16392300
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Area:
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16392300
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Drainfield Easement Area'
Area:
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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
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Minnova Land, LLC
Page 1 of 1
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appraisal, survey, or for zoning verification.
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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