HomeMy WebLinkAbout6.i. Addendum to Subdivision Agreement and Agreement with Donald & Diane Flach, Meadows of Bloomfield and Meadows of Bloomfield 2nd Addition, City Project 351* ' CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: July 6, 2004
ISSUE:
Land Acquisition Agreement with Donald and Diane Flach and addendum to
Subdivision Agreement with Centex Homes.
BACKGROUND:
As part of the Meadows of Bloomfield project, Connemara Trail is proposed to be
extended from its current location approximately 600 feet west of the project, to and
through the project. To accommodate the extension of Connemara Trail to the project,
the acquisition of right -of -way from Donald and Diane Flach is necessary as shown on
the attached Agreement and exhibit.
At this time, an Agreement has been reached with the Flach's as presented herein for
Council consideration. The Agreement includes the dedication of necessary right -of-
way by the Flach's at no cost to the project except for payment in the amount of
$20,370.00 for trees in the easement area. A condition of the Agreement is that the
Flach property will not be assessed for costs associated with the extension of
Connemara Trail.
The second Agreement presented herein for Council consideration is an addendum to
the Subdivision Agreement for Meadows of Bloomfield and Meadows of Bloomfield 2nd
AGENDA ITEM: Addendum to Subdivision Agreement and
AGENDA SECTION:
Agreement with Donald & Diane Flach- Meadows of Bloomfield
Consent
and Meadows of Bloomfield 2 Addition, City Project #351
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer
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ATTACHMENTS: Addendum & Agreement
APPROVED BY:
RECOMMENDED ACTION: MOTION TO APPROVE THE ADDENDUM TO THE
SUBDIVISION AGREEMENT FOR MEADOWS OF BLOOMFIELD AND MEADOWS OF
BLOOMFIELD 2N ADDITION, CITY PROJECT #351 AND AUTHORIZE THE
NECESSARY SIGNATURES.
MOTION TO APPROVE THE AGREEMENT WITH DONALD AND DIANE FLACH FOR
MEADOWS OF BLOOMFIELD AND MEADOWS OF BLOOMFIELD 2 "D ADDITION,
CITY PROJECT #351 AND AUTHORIZE THE NECESSARY SIGNATURES.
ACTION:
Addition with Centex. Per the Addendum Agreement, Centex will pay all costs
associated with street and utility construction benefiting the Flach property and will pay
on -half of the amount paid to the Flach's for trees in the easement area. It is intended
that the City will pay the other one -half of the tree cost with the trees having been
transplanted.
As the City would have been responsible for one -half of the easement acquisition cost,
there is a cost benefit for the City with these Agreements and payment of $10,185 for
the trees.
SUMMARY:
Staff recommends Council approve the Addendum to the Subdivision Agreement with
Centex and Agreement with Donald and Diane Flach.
SUMMARY:
s
1:
ADDENDUM TO SUBDIVISION AGREEMENT
THIS AGREEMENT is made this day of , by and between the City of
Rosemount, a Minnesota municipal corporation ( "City "), and Centex Homes, a Nevada general
partnership (the "Developer ").
1. BACKGROUND
1.1. The City and Developer are parties to an agreement entitled "Subdivision
Agreement - Meadows of Bloomfield and Meadows of Bloomfield Second Addition" dated April
20, 2004 (hereinafter the "Subdivision Agreement ").
1.2. Under paragraph 8 of the Subdivision Agreement, Developer is required to pay for
certain costs of City Project #351.
1.3. The cost of City Project # 351 includes the cost of acquisition of temporary and
permanent easements for the extension of Connemara Trail over property owned by Donald and
Diane Flach and legally described as follows:
The East One Quarter of the Southwest Quarter of Section 21, Township
115, Range 19, except the North 1452.090 feet of the East 300.00 feet
thereof lying northerly of the following described line: Commencing at a
point on the East line of said east one quarter of the Southwest Quarter
distant 1180.78 feet north from the southeast corner thereof, thence in a
westerly direction a distance of 656.61 feet to a point on the west line of said
east one quarter of the Southwest Quarter distant 1175.21 feet north from the
southwest corner thereof and said line there terminating, Dakota County,
Minnesota
(hereinafter the "Flack Property "). A portion of the cost of acquisition of easements over the Flach
Property would have been charged to Developer under the Subdivision Agreement.
1.4. A part of the cost of City Project #351 would have been assessed against the Flach
Property. Under the Subdivision Agreement the amounts collected from the levy of such
assessments would have been reimbursed to Developer.
1.5. With the approval of Developer, the City and the owners of the Flach Property have
agreed to exchange the necessary easements over the Flach Property for forgiveness of the special
assessments that the City would have levied against the Flach Property for City Project #351 and the
payment to the Flachs of Twenty Thousand Three Hundred Seventy Dollars ($20,370) for damage
to trees on the Flach Property resulting from construction of City Project #351.
1.6. The City and Developer wish to amend the Subdivision Agreement as hereinafter set
forth.
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2. AMENDMENT OF SUBDIVISION AGREEMENT
2.1. The Subdivision Agreement is amended by deleting all paragraphs of Section 8 and
substituting the following:
8. Public Infrastructure The following improvements, known as
City Project #351, shall be designed, inspected, surveyed and administered
by the City and in the vicinity of the Subject Property at Developer expense
by a Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets (Public/Private), including the extension of Connemara Trail
to the Subject Property
E. Sidewalks/Pathways (Public/Private)
(Hereinafter referred to as "Public Infrastructure Improvements ")
The attached figure shows the area within which the Public Infrastructure
Improvements will be constructed pursuant to this Paragraph. Contracts
shall provide for construction in accordance with plans and specifications
prepared by the City or its consultants. The City will not enter into such
contracts until all conditions of plat and subdivision approval have been met,
the plat is recorded and the City has received the bonds and security required
by this agreement.
The City will obtain any necessary permits from the Minnesota Pollution
Control Agency, Department of Health and all other agencies before
proceeding with construction.
Developer's cost of the Public Infrastructure Improvements will include all
the costs of, or related to, City Project #351 except as otherwise provided in
this paragraph. City Project #351 includes the extension of Connemara Trail
to the Subject Property. Of the costs for City Project #351, the City's share
of the cost of the Connemara Trail extension will be Eighty -Four Thousand
Four Hundred Ten Dollars ($84,410), representing the City's share of road
costs as an owner of land adjacent to Connemara Trail, plus Ten Thousand
One Hundred Eighty -Five Dollars ($10,185; representing one -half of the
amount paid to the owners of the Flach Property for damage to trees — the
other one -half to be paid by Developer as a part of the project costs). The
cost of City Project #351 borne by Developer will be further reduced by a
contribution previously made by Heritage Development for the extension of
Connemara Trail, in the amount of One Hundred Forty-Six Thousand Seven
Hundred Ten Dollars ($146,710).
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Developer understands and agrees that certain right of way acquired over
the Flach Property for City Project #351 was acquired by the City in
exchange for the forgiveness of special assessments against the Flach
Property for City Project #351. The Developer agrees to assume all costs of
City Project #351, except as provided in this paragraph, and agrees that no
special assessments should be levied against other properties for City Project
#351.
2.2. Except as provided in Section 2.1 above, the Subdivision Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day and
date first above written.
CITY OF ROSEMOUNT
By:
Its Mayor
And by:
Its Clerk
CENTEX HOMES
By:
It§ Gener
lr� I r
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AGREEMENT
THIS AGREEMENT is made this day of , 2004, by and between Donald J.
Flach and Diane Flach, husband and wife (the "Flachs'), and the City of Rosemount, Minnesota, a
Minnesota municipal corporation (hereinafter "City).
WITNESSETH:
WHEREAS, the Flachs are the owners of certain real property in the City of Rosemount,
Dakota County, Minnesota, legally described as follows:
The East One Quarter of the Southwest Quarter of Section 21,
Township 115, Range 19, except the North 1452.090 feet of the East
300.00 feet thereof lying northerly of the following described line:
Commencing at a point on the East line of said east one quarter of
the Southwest Quarter distant 1180.78 feet north from the southeast
corner thereof, thence in a westerly direction a distance of 656.61
feet to a point on the west line of said east one quarter of the
Southwest Quarter distant 1175.21 feet north from the southwest
corner thereof and said line there terminating, Dakota County,
Minnesota..
(hereinafter the "Subject Property"); and
WHEREAS, the City is undertaking the construction of a public improvement referred to as
City Project No. 351, which includes the extension of Connemara Trail together with sanitary and
storm sewer, water, curb, gutter, and trail improvements ( "CP 351 "); and
WHEREAS, in connection with construction of CP 351, the City needs certain easements
over the Subject Property; and
WHEREAS, the City is authorized under Minnesota Statutes, Chapter 429, to assess a
portion of the cost of CP 351 against the Subject Property; and
WHEREAS, the City and Flachs wish to resolve the acquisition of the necessary easements
by the City and the imposition of special assessments against the Subject Property on the terms and
conditions hereinafter set forth.
NOW, THEREFORE, on the basis of the premises and the mutual covenants hereinafter set
forth, the parties hereto agree as follows:
1. The Flachs herewith deliver the temporary and permanent easements required by the
City for CP351, attached hereto as Attachment One, and hereby made a part hereof.
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2. The City agrees not to levy any special assessments against the Subject Property for
CP 351.
3. The City agrees that the Subject Property has city sanitary sewer and municipal
water available to it for future development, and further agrees that it will not levy
any special assessments against the Subject Property for the initial construction of
CP 351 or the initial construction of any other water or sanitary sewer lines to the
boundary of the Subject Property.
4. The City further agrees that although city sanitary sewer and municipal water are
available to the Subject Property, the existing home on the Subject Property need not
be connected to the sanitary sewer and municipal water until such time as the
balance of the Subject Property is developed, unless required to do so by State law or
municipal ordinance duly adopted by the Rosemount City Council and applicable to
all similarly situated properties in the City.
The execution of this Agreement by the Flachs does not constitute a consent or
waiver to the levy of special assessments for future improvement of County Road
38, and the Flachs specifically reserve all rights existing under law to challenge any
such special assessments in the future.
The City will pay Flachs the amount of Twenty Thousand Three Hundred Seventy
Dollars ($20,370.00) as compensation for trees to be damaged in the easement areas
described on Attachment One in connection with the construction of CP 351 (327
trees @ $60.00 per tree plus $750 as a lump sum settlement for six larger trees)
within 30 days of execution of this Agreement by the parties.
IN WITNESS WHEREOF, the parties hereunto set their hands as of the day and date first
above written.
CIT L �e
EMOUNT
By
Its Mayo r
And by:
Its Clerk
Donald J. Flach
Diane Flach
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ATTACHMENT ONE
Parcel 34- 02110- 020 -50
Abstract
EASEMENTS
THIS INSTRUMENT is made by Donald. J. Flach and Diane Flach, husband and wife,
Grantors, in favor of the City of Rosemount a Minnesota municipal corporation, Grantee.
Recitals
A. Grantors are the fee owners of the following described property in Dakota County,
Minnesota (the "Property "):
The East One Quarter of the Southwest Quarter of Section 21, Township 115, Range
19, except the North 1452.090 feet of the East 300.00 feet thereof lying northerly of
the following described line: Commencing at a point on the East line of said east
one quarter of the Southwest Quarter distant 1180.78 feet north from the southeast
corner thereof, thence in a westerly direction a distance of 656.61 feet to a point on
the west line of said east one quarter of the Southwest Quarter distant 1175.21 feet
north from the southwest corner thereof and said line there terminating, Dakota
County, Minnesota.
B. Grantors desire to grant to the Grantee easements, according to the terms and conditions
contained herein.
Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantors, Grantors grant and convey to the Grantee the following easements:
A perpetual, non - exclusive easement for street, utility and drainage purposes over, under,
across and through that part of the Property which lies Southerly of the Northerly 1452.00 feet
thereof.
A temporary easement for construction purposes over, under, across and through that part of
the Property described as a strip of land 20.00 feet in width over that part of the above - described
tract, the Southerly line of which is contiguous with the Northerly line of the above - described
permanent street, utility and drainage easement. Said strip of land is to extend by its full width from
the West line of the Subject Property to the West line of said East 300.00 feet.
Said temporary easement to expire June 1, 2005.
2. Scgpe of Easements The perpetual street, utility and drainage easement granted herein
includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all
reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining,
inspecting, altering and repairing within the described easement area a public roadway, storm sewer,
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sanitary sewer and water facilities, ground surface drainage ways and sidewalk, or other public
facilities or improvements of any type that are not inconsistent with a public right -of -way use.
The temporary easement includes the right of the Grantee, its contractors, agents, and
employees to enter upon said premises at all reasonable times for the purposes of construction,
grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right
to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit
earthen materials within the easement area and to move, store, and remove equipment and supplies,
and to perform any other work necessary and incident to the project.
The easements granted herein also include the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere
with the easement or facilities of the Grantee, its successors or assigns.
3. Warranty of Title The Grantors warrant they are the owners of the Property and have the
right, title and capacity to convey to the Grantee the easements herein.
4. Environmental Matters The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
to, the easement area or Property prior to the date of this instrument.
5. ` Binding Effect The terms and conditions of this instrument shall run with the land and be
binding on the Grantors, their heirs, successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of , 2004.
Drun J. Flach ,, ,
Diane Flach
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STATE OF MINNESOTA )
) SS.
COUNTY OF D•,�-o k- )
The foregoing instrument was acknowledged before me this -'2 y 3d "day of
2004, by Donald J. Flach and Diane Flach, husband and wife, Grantors.
CMY DMIDEN
NOTARY PUBLIC - MINNESOTA Notary Public
� ru.
to
MY Commission Expires Jan. 31, Z,;^}
NOTARY STAMP OR SEAL R
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
200 South Sixth Street
470 Pillsbury Center
Minneapolis, MN 55402
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