HomeMy WebLinkAbout8.a. Villella Lot Split and Recombination of Outlot B, Country Hills Fifth AdditionPLANNING COMMISSION PUBLIC HEARING
A neighboring property owner from Daffodil Path in the Country Hills development was present to state
concerns about a driveway easement (for access to the outlot) affecting his property. He referred to it as a
"phantom easement." Mr. Villella subsequently provided an easement document that indicated that:
1. The property owner's lot (13431 Daffodil Path) included a driveway easement that connected another
small outlot still owned by U. S. Homes to the outlot purchased by Mr. Villella.
2. The easement would become void when Outlot B, Country Hills Fifth Addition is replatted.
The Commissioners were satisfied that the easement was not directly related to the request recommended
approval of the lot split /recombination applications.
AREA CHARGES
Although this is before the City Council as a planning item the more substantive question relates to payment of
area charges rather than the action of subdividing and recombining of lots. The city through the approved fee
resolution requires storm water, water, and sanitary sewer area charges when development occurs on a property.
The charges are calculated on a per acre basis. The idea is that the costs of the entire trunk systems are paid for
as development occurs through area charges and connection charges. The 1999 Comprehensive Utility Rate
Study states "The trunk area charge is a one -time charge per platted acre, which is collected from developers on
all newly developed properties. Revenues generated from the trunk area charges go into the respective core
funds to help fund capital improvement projects."
Area charges are calculated on a per acre basis in part due to ease in administration. An estimate of trunk
infrastructure costs is calculated and the amount of acreage benefiting is divided into the total cost. The
resulting figure is the area charge rate. Different cities have varying policies about exempting property from area
charges. Some cities exempt major highway right -of -way, wetlands, or steep slopes. That is because these areas
would be considered unbuildable. However, the more exemptions a city has means the rates go up on the
remaining property. Further, it is difficult to estimate which lands will be considered unbuildable until
development is proposed. Guessing when the rates are set which land may be considered unbuildable could
result in inaccurate rates, thereby resulting in over or under funding of the core funds.
The City of Rosemount has a policy of exempting outlots from the area charge requirements. The reason for this
is most developers through staging of developments outlot portions of the project. As the new phases are
brought before the council for final platting, the outlot is platted into individual lots thus prompting an area
charges payment. This is what happened to the subject property. The property is not buildable on it's own and
was platted as an outlot. It was assumed that the property would be combined with the adjoining property, and
therefore developed and area charges collected in the future. This did not occur, leaving the remnant piece.
Staff believes that area charges should be collected on this parcel similar to other developing property in the
community. The parcel is being divided and split between five property owners, enhancing the value of each
individual lot. Staff is also concerned that waiver of the fee for this situation could result in difficult
administration in the future. Other property owners may also choose to outlot property within a development to
circumvent payment of area charge fees. Finally, while not on such a small parcel as the subject property,
varying from the policy can have ramifications as to total core fund revenues, potentially creating shortfalls
when needed infrastructure is to be built.
Should the Council wish to look at a policy for area charge application, staff would recommend this item be
forwarded to the Utility Commission for discussion and recommendation. If the policy was modified area
charge rates may need to be modified to ensure enough funds area received to cover future capital expenditures.
Resolution 2004 -
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004-
A RESOLUTION APPROVING THE
ADMINISTRATIVE /SIMPLE PLAT FOR
OUTLOT B, COUNTRY HILLS FIFTH ADDITION
WHEREAS, the Planning Department of the City of Rosemount received an application from
Ronald Villella for approval of an administrative plat of property, said property legally described
as:
All of Outlot B, Country Hills Fifth Addition, according to the recorded plat thereof Dakota
County, Minnesota.
WHEREAS, the purpose of the administrative plat is to subdivide Outlot B, Country Hills Fifth
Addition into five parcels for recombination by replatting with the following lot legally
described as:
Lot 7, Block 1, Evermoor 6 th Addition, according to the recorded plat thereof, Dakota
County, Minnesota.
Lot 6, Block 1, Evermoor 6 th Addition, according to the recorded plat thereof, Dakota
County, Minnesota.
Lot 8, Block 7, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota.
Lot 7, Block 7, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota.
Lot 12, Block 1, Country Hills Fifth Addition, according to the recorded plat thereof,
Dakota County, Minnesota.
WHEREAS, the Planning Commission of the City of Rosemount conducted a public hearing on
January 13, 2004, as required by the subdivision ordinance, for the purpose of receiving
testimony regarding the requested administrative plat; and,
WHEREAS, the planning Commission adopted a motion to recommend approval of the
administrative plat to the City Council with conditions; and,
WHEREAS, on February 3, 2004, the City Council of the City of Rosemount reviewed the
recommendation forwarded by the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the administrative plat of the above referenced parcel resulting in the following
described parcels:
Resolution 2004 -
Parcel A
Lot 7, Block 1, Evermoor 6 th Addition, according to the recorded plat thereof, Dakota
County, Minnesota, together with:
That part of Outlot B, Country Hills Fifth Addition, according to the recorded plat thereof,
Dakota County, Minnesota described as follows:
Beginning at the southwest corner of said Outlot B; thence North 00 degrees 33 minutes 19
seconds West, assumed bearing, a distance of 170.53 feet along the west line of said Outlot
B, to the most northerly corner of Lot 7, Block 1, Evermoor 6 th Addition, according to the
recorded plat thereof, said corner being a point on the west line of said Outlot B; then South
52 degrees 17 minutes 59 seconds East a distance of 173.92 feet to the south line of said
Outlot B; thence South 64 degrees 11 minutes 24 seconds West along said south line of said
Outlot B a distance of 150.33 feet to the point of beginning.
Parcel B
Lot 6, Block 1, Evermoor 6 th Addition, according to the recorded plat thereof, Dakota
County, Minnesota, together with:
That part of Outlot B, Country Hills Fifth Addition, according to the recorded plat thereof,
Dakota County, Minnesota described as follows:
Commencing at the southwest corner of said Outlot B; thence North 00 degrees 33 minutes
19 seconds West, assumed bearing, along the west line of said Outlot B a distance of
170.53 feet to the most northerly corner of Lot 7, Block 1, Evermoor 6 th Addition,
according to the recorded plat thereof, said corner being a point on the west line of said
Outlot B and the point of beginning of land to be described thence continuing North 00
degrees 33 minutes 19 seconds West along said west line of said Outlot B, a distance of
105.75 feet to the most northerly corner of Lot 6, Block 1, Evermoor 6 th Addition,
according to the recorded plat thereof, said corner being a point on the west line of said
Outlot B; thence south 42 degrees 48 minutes 26 seconds East a distance of 241.30 feet to
the east line of said Outlot B, thence south 03 degrees 00 minutes 42 seconds West along
said east line of Outlot B a distance of 21.81 feet to the southeasterly line of said Outlot B;
thence South 31 degrees 15 minutes 46 seconds West along said southeasterly line of Outlot
B a distance of 3.06 feet to the south line of said Outlot B; thence South 64 degrees 11
minutes 24 seconds West along said south line a distance of 25.00 feet; thence North 52
degrees 17 minutes 59 seconds East a distance of 173.92 feet to the point of beginning.
Parcel C
Lot 8, Block 7, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota, together with:.
That part of Outlot B, Country Hills Fifth Addition, according to the recorded plat thereof,
Dakota County, Minnesota described as follows:
Commencing at the southwest corner of said Outlot B; thence North 00 degrees 33 minutes
19 seconds West, assumed bearing, along the west line of said Outlot B a distance of
276.28 feet to the most northerly corner of Lot 6, Block 1, Evermoor 6 th Addition,
Resolution 2004 -
according to the recorded plat thereof, said corner being a point on the west line of said
Outlot B and the point of beginning of land to be described; thence continuing North 00
degrees 33 minutes 19 seconds West along said west line of said Outlot B, a distance of
93.25 feet to the most southerly corner of Lot 7, Block 7, Evermoor according to the
recorded plat thereof, said corner being a point on the west line of said Outlot B; thence
South 41 degrees 20 minutes 04 seconds East a distance of 255.87 feet to the east line of
said Outlot B, thence South 03 degrees 00 minutes 42 seconds West along said east line of
Outlot B a distance of 78.26 feet; thence North 42 degrees 48 minutes 26 seconds West a
distance of 241.30 feet to the point of beginning.
Parcel D
Lot 7, Block 7, Evermoor, according to the recorded plat thereof, Dakota County,
Minnesota, together with:
That part of Outlot B, Country Hills Fifth Addition, according to the recorded plat thereof,
Dakota County, Minnesota described as follows:
Commencing at the southwest corner of said Outlot B; thence North 00 degrees 33 minutes
19 seconds West, assumed bearing, along the west line of said Outlot B a distance of
369.53 feet to the most southerly corner of Lot 7, Block 7, Evermoor according to the
recorded plat thereof, said corner being a point on the west line of said Outlot B and the
point of beginning of land to be described; thence continuing North 00 degrees 33 minutes
19 seconds West along said west line of said Outlot B, a distance of 62.87 feet; thence
South 45 degrees 52 minutes 24 seconds East a distance of 242.58 feet to the east line of
said Outlot B, then South 03 degrees 00 minutes 42 seconds West along said east line a
distance of 86.21 feet; thence North 41 degrees 20 minutes 04 seconds West a distance of
255.87 feet to the point of beginning.
Parcel E:
Lot 12, Block 1, Country Hills Fifth Addition, according to the recorded plat thereof,
Dakota County, Minnesota, together with:
That part of Outlot B, Country Hills Fifth Addition, according to the recorded plat thereof,
Dakota County, Minnesota described as follows:
Commencing at the southwest corner of said Outlot B; thence North 00 degrees 33 minutes
19 seconds West, assumed bearing along the west line of said Outlot B a distance of 432.40
feet to the point of beginning of land to be described; thence continuing North 00 degrees
33 minutes 19 seconds West along said west line of Outlot B, a distance of 20.00 feet to the
northwest corner of said Outlot B; thence south 59 degrees 45 minutes 26 seconds East a
distance of 206.94 feet along the north line of said Outlot B to the northeast corner of said
Outlot B; thence south 03 degrees 00 minutes 42 seconds West along east line of Outlot B a
distance of 84.79 feet; thence North 45 degrees 52 minutes 24 seconds West a distance of
242.58 feet to the point of beginning.
NOW, THEREFORE BE IT FURTHER RESOLVED, THAT THE City Council approves
the administrative plat for Outlot B, Country Hills Fifth Addition subject to the following
conditions:
Resolution 2004 -
1. Recombination of the outlot parcels with the adjoining lots as requested.
2. Payment of G.I.S. fees according to the current fee schedule.
3. The existing drainage and utility easement (for the pond) on Outlot B of Country Hills
Fifth Addition shall be maintained in place with the new parcels.
4. with the split and recombination of Outlot B, the following development charges shall
be collected:
a. Sanitary Sewer Area Charge @ $985 /acre x 1.41 acres = $1,388.85
b. Water Area Charge @ $3,820 /acre x 1.41 acres = $5,386.20
C. Stormwater Area Charge @ $3,590 /acre x [1.41 acres -.67 ac] _ $2,656.60
ADOPTED this 3rd day of February, 2004, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Seconded by:
Voted against:
Member absent:
SITE MAP
PROPERTY ID NUMBER: 34 -18304 -020 -00
FEE OWNER: JOAN T VILLELLA
13393 DANUBE CIR
ROSEMOUNT MN 55068
PAYABLE 2003 TAXES
NET TAX: 55.02
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA: 55.02
PAYABLE 2004 ASMNT USAGE:RESIDENTIAL
NOTE: Dimensions rounded to nearest foot
Copyright 2004, Dakota County -
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land Information Department.
2003 ESTIMATED MARKET VALUES (PAYABLE 2004)
LAND: 3,600 LOT SIZE (EXCLUDES
BUILDING: ROAD EASEMENTS)
TOTAL: 3,600
61,480 SO FT
SCHOOL DISTRICT: 196 1.41 ACRES
LOCATION: SE1 /4 NW1 /4 SECTION 19- 115.19
PAYABLE 2004 HOMESTEAD STATUS: NON HOMESTEAD
WATERSHED DISTRICT: VERMILLION RIVER
LAST QUALIFIED SALE:
DATE: AMOUNT:
2003 BUILDING INFORMATION (PAYABLE 2004):
NO DATA AVAILABLE
i
i
PLAT NAME: COUNTRY HILLS 5TH ADD
TAX DESCRIPTION: OUTLOT
B
Map Date: January 9, 2004 Parcels Updated: 12/11/2003 Aerial Photography: 1996
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PLANNING COMMISSION MEETING MINUTES
JANUARY 13, 2004
PAGE 1
Pu suant to due call and notice thereof, the Re lar Meeting of the Planning Commission was
he on Tuesday, January 13, 2004. Chairpe on Jeff Weisensel called the meeting to order at
6:30 m. with Commissioners Anderson, apper, and Zurn present. Commissioner Messner was
absent. Also in attendance were City P er Rick Pearson, Assistant Planner Jason Lindahl,
and Proje t Engineer Anthony Ader d.
The meeting �as opened with tVPledge of Allegiance.
Additions to Aubda N
Audience Input: N
MOTI/Pulte appr ye the December 9, 2003 Regular Planning Commission Meeting
Minutey Anders Ayes' Anderson, Napper, Weisensel, and Zurn. Nays: None.
Motion
MOTIensel to approve nsent agenda as presented. Second by Zurn.
orts Dome — Contin until January 27, 2004
omes — Residential Co ept — Continue until January 27, 20 04.
Ayes: eisensel, Zurn, and Ander n. Nays: None. Motion carried.
-son Weisensel confirmed the recording
is of Mailing and Postings of a Public 1
.ng the public hearing on the agenda.
ry has placed on file with the City all
Notice and Affidavits of Publication
Public Hearing: Villella Outlot B, Country Hills Lot Split /Combination
City Planner Pearson reviewed the application from Ronald Villella to accomplish a series of lot
splits and combinations for Outlot B in Country Hills Fifth Addition which Mr. Villella had
purchased from U.S. Homes. The proposal splits the outlot into five parcels and combines one
parcel with Mr. Villella's property and the remaining four parcels with neighboring properties.
Mr. Pearson stated that because this property is undeveloped land, it is being treated similar to
other developments with regards to fees associated with typical lot splits /combinations.
Mr. Villella was present to answer questions regarding this lot split and made a formal request
for abatement of charges associated with the development of Outlot B. Clarification was
requested regarding the statement that had US Homes acquired the land, the outlot would have
been absorbed by the new development.
Mr. Pearson responded that if US Homes had acquired the land west of Outlot B, they would
have absorbed the outlot into the new development and paid the charges typically associated with
new development.
Chairperson Weisensel opened the Public Hearing.
PLANNING COMMISSION MEETING MINUTES
JANUARY 13, 2004
PAGE 2
Bill Matulka, 13431 Daffodil Path, expressed concern with a "phantom easement" on his
property which gives access to Mr. Villella to the outlot.
Discussion ensued regarding easements, outlots, and separate parcels of land that may be
considered easements.
Mr. Pearson reiterated that the strip of land next to Mr. Matulka's property was not relative to
the application currently being acted upon.
MOTION by Weisensel to close the Public Hearing. Second by Anderson. Ayes: Weisensel,
Zum, Anderson, and Napper. Nays: None. Motion carried.
MOTION by Weisensel recommend that the City Council approve the series of lot
split/combinations for Outlot B, Country Hills Fifth Addition subject to:
1. Recombination of the outlot parcels with the adjoining lots as requested.
2. Payment of G.I.S. fees according the current fee schedule.
3. The existing drainage and utility easement (for the pond) on Outlot B of Country
Hills Fifth Addition shall be maintained in place with the new parcels.
4. With the split and recombination of Outlot B, the following development charges
shall be collected:
a. Sanitary Sewer Area Charge @$985 /acre x 1.41 acres = $1,388.85
b. Water Area Charge @ $3,820 /acre x 1.41 acres = $5,386.20
C. Stormwater Area Charge @ $3,590 /acre x [1.41 acres -.67 ac] = $2,656.60
Second by Napper. Ayes: Zum, Anderson, Napper, and Weisensel. Nays: None. Motion
carried.
d Business: None
New B iness: Bloomfield 7 t6 Addition Final
Assistant anner Lindahl reviewed the applic ion from Centex Homes for the final plat for
Bloomfield ' Addition. The parcel is loc ed south of the railroad line and north of County
Road 42 and w Id subdivide 27 acres ' to 33 single family lots. Staff recommended to amend
the final plat to ch ge Avanti Aven to Avanti Street.
MOTION by Zurn to re o d that the City Council approve the final plat request for
Bloomfield 7 Addition to divide approximately 27.1 acres of the Bloomfield development
into 33 single - family lot ase on the findings contained in the Executive Summary dated 1 -13-
04 and subject to the nditions o tlined therein with the addition of changing Avanti Avenue to
Avanti Street. Sec d by Napper. es: Anderson, Napper,, Weisensel, and Zurn. Nays:
None. Motion c 'ed.
Directors
Mr.111c,arson indicated that the Sipe variance was app e by the City Council. A modified
v ance was granted to allow a 48 inch high fence exten g into the street side yard.
January 26, 2003
To Whom It May Concern:
The following is in response to the letter received by Mr. Ron Villella dated
October 8, 2003 from Jason Lindahl, A.I.C.P. It states there will be a $9,431.00
sewer and water charge on the proposed split of Outlot B, Country Hills 5 t '
addition.
We are among the five families interested in purchasing a section of the outlot
from Mr. Villella. The families have been working on the purchase of this outlot
from US Homes for over a year and through this process, I personally talked to a
number of city officials about the logistics of the purchase. At no time was this
excessive charge mentioned to me or any of the others.
The outlot, which is located directly behind the property of the five homeowners
trying to purchase it, is land- locked. It is not a buildable lot. Had this charge been
disclosed in any of our discussions with the City, it could have been considered
when determining the purchase price offered to US Homes for the property. This
excessive charge will be added to the purchase price with the survey cost, then
divided between the potential outlot owners. We believe it is unfair for the City of
Rosemount to assess these charges and respectfully request abatement of them.
Thomas and Christine Walch
13284 Danner Path
Rosemount, MN 55068
January 5, 2004
Kim Lindquist
Community Development Director
City of Rosemount
Rosemount, MN 55068
Dear Ms. Lindquist:
Please add this to my pending lot subdivision application and
distribute with the packet to the Planning Commission and
City Council.
This is a "formal request" for specific "abatement of the charges"
proposed as contingent on the acceptance of a subdivision plan. The
reasons have been cited in the previous application.
Thank you.
Yours truly,
Ronald L. Villella
13393 Danube Circle
Rosemount, MN 55068
MEMO
TO: Jason Lindahl, Assistant City Planner
FROM: Andrew J. Brotzler, P.E.
DATE: October 8, 2003
RE: Proposed Country Hills 5 th Addition Outlot Lot Split
In follow -up to the discussion at the October 7, 2003 Development Review Committee meeting
of the above item, the following comments are offered:
1. For Outlot B of Country Hills 5 th Addition, there is an existing drainage and utility
easement for the stormwater pond located within the Outlet. It is recommended that
this drainage and utility easement be maintained with any proposed lot split.
2. As City area charges for sanitary sewer, water and storm sewer are not collected for
outlots at the time of final plat, it is recommended that any proposed split of Outlot B
be contingent upon the collection of City area charges as follows:
• Sanitary Sewer Area Charge $985 /acre x 1.41 acres = $1,388.85
• Water Area Charge $3,820 /acre x 1.41 acres = $5,386.20
• Stormwater Area Charge $3,590 /acre x [ 1.41 acres —.67 ac] = $2,656.60*
Should you have questions regarding any of the above comments, please do not hesitate to
contact me.
Cc: Jamie Verbrugge, City Administrator
Kim Lindquist, Community Development Director
Rick Pearson, City Planner
* Area equals Gross Acreage of 1.41 acres minus High Water Level Area of .67 acres equals Net Area of .74 acres
G: engproj .228.IotsplitOutlotB
To: Rosemount Planning Commission and City Council
From: Ronald Villella
Date: 7 November 8, 2003
Subject: Subdivision of Outlot B, Country Hills Fifth Addition
This is a letter asking your serious consideration of approval of the
submitted subdivision of this outlot with WAIVER of the hidden or lately
revealed charges described in the letter from the city engineer (one of the
attachments).
The attached memo giving background and reasons why I feel they should
be waived is also attached.
May God Bless you and help you make a decent and fair - minded decision.
Thank you,
Ron Villella
13393 Danube Circle
Rosemount, MN 55068
MEMO TO PLANNING COMMISSION AND CITY COUNCIL OF ROSEMOUNT
Subject: Discussion of background and feelings why "hidden charges" being associated
or made contingent with subdivision of Outlot B and recommended by Rosemount city
staff should be waived.
1- This is an outlot surrounded by city lots without street frontage about half of
which is under the water of a drainage pond.
2- It was obviously an oversight and not adequately accounted for in planning when
The US Home and Evermoor divisions were completed, hence no street frontage
and not a buildable lot.
3- Some of the neighbors, on the ends of the lot have done some clearing of natural
weeds and grasses contrary to environment rules and planted trees which are
beginning to obstruct the other neighbor's views. This lead to neighborhood
concerns and a desire to permanently resolve these problems by subdividing the
lot and allocating the parts to the variously involved neighbors.
4- Given the situation in #3, I bought the land with the intention of subdividing.
This plan was discussed by not only me but several members with the city
planners BEFORE I purchased the land. The charges by the city that would be
entailed were discussed with Jason Lindahl and at no time were the "hidden"
charges later detailed by the engineer mentioned or revealed.
5- I then purchased and closed on the lot through Stewart Title and the search also
revealed No Outstanding Fees.
6- A preliminary review was requested and done by the planning department and
Jason was so kind as to call me and indicate that the preliminary plan seemed to
be in order, so I immediately gave the survey company the okay to proceed with
the survey with its attendant costs. Two days later in the mail, I received the letter
indicating the approval would be recommended but contingent on paying the
extra hidden fees. (This clearly gave the impression to me and many professions
to whom I showed it, that an oversight was now being overcompensated for by
the city staff.)
7- In my discussions with the various city staff, all seem to.maintain they are just
following procedure and do not have any decision making authority and that
totally rests with the city council and planning commission and its for that reason
I'm asking you to waive these "late hidden charges ". It is not surprising that the
staff would recommend the charges and yet I feel it is most appropriate for the
planning commission and council to waiver them. Further, these charges, if due
by anybody, would seem to be the responsibility of US Homes according to the
"development contract # 1015093" between you and US Homes.
Thank you. Ron Villella 13393 Danube Circle, Rosemount
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CITY OF ROSEMOU NT
October 8, 2003
Mr. Ron Villella
13393 Danube Circle
Rosemount, INITI 55426
RE: Proposed Lot Split.
Dear Mr. Villella:
CITY HALL
2975 - 145th Street, `Jeer
Rosemount, MN
55068.4997
Phone: 651 - 423 -4411
Hearing Impaired: 651. 423.621?
Fax: 651-423-5203
The City of Rosemount Development Review Committee reviewed your sketch plan to
subdivide the outlot located northeast of you property on October 7, 2003. The
committee found no initial issues with your proposal and recommends that you submit a
formal application for approval by the City. Attached are the only written comments I
received from City staff regarding your proposal. These conditions would be added to
any City approvals you receive for this project. If you have any questions related to these
comments, please contact City Engineer Andrew Brotzler.
Please.do not hesitate to contact me if you have any questions regarding this project.
Sincerely,
Jason Lindahl, A.I.C.P.
Assistant City Plamier
MEMO
TO: Jason Lindahl, Assistant City Planner
FROM: Andrew J. Brotzler, P.E.
DATE: October 8, 2003
RE: Proposed Country Hills 5 Addition Outlot Lot Split
In follow -up to the discussion at the October 7, 2003 Development Review Committee meeting
of the above item, the following comments are offered:
1. For Outlot B of Country Hills 5 t ' Addition, there is an existing drainage and utility
easement for the stormwater pond located within the Outlet. It is recommended that
this drainage and utility easement be maintained with any proposed lot split.
2. As City area charges for sanitary sewer, water and storm sewer are not collected for
outlots at the time of final plat, it is recommended that any proposed split of Outlot B
be contingent upon the collection of City area charges as follows:
• Sanitary Sewer Area. Charge $985 /acre x 1.41 acres = :81,388.85
• Water Area Charge $3,820 /acre x 1.41 acres = $5,386.20
Stormwater Area Charge $3,590 /acre x [1.41 acres —.67 ac] = .$2,656.60*
Should you have questions regarding any of the above comments, please do not hesitate to
contact me.
Cc: Jamie Verbruage, City Administrator
Kim Lindquist, C;onamunity Development Director
Rick Pearson, City Planner
* Area equals Gross Acreage of 1.41 acres minus High Water Leyel Area of .67 acres equals Net Area of .74 acres
G. en2proj?2S. fotsplit0udotB
AU6 IV
STEWART TITLE OF MINNESOTA, SOTA, M.
1650 ';'Test 82nd Street, Suite 100
Bloartangton, IN� 33431
Prone (9x2) BSS -6353 Fax (9522) 888 - 7314
File No.: 0370009484
PID: 34- 18304 - 020 -00
Property Address:
Rosemount, Mq
LevaDescription: Oitlot 9, Country Hills r ' ifth Addition.
This is W certify that STEWAR.T TITLE OF MINNESOTA, INC. has exrmined the records in the Ofhee of *.4e
Count, A .'ito:s, Dakota County, .LZIaaesota, aad find that the above described parcel of land
has the follow ng unpaid assessments: .
Kind of Balance Payable Amount Certified to
l=rovement 2023 Tax
FC•
STEWART TITLE OF MINNESOTA, INC. further certifies that it has searched the records of the Office of the
City Engineer in and for the City of Rone=unz and finds no reti* rd of aaY MS essment for
local improvements ordered which may be assessed at a later date except as noted below:
xox�
Dated this 13th dq of A.uguat t 3003
STEWA iN
ITLE OF MNE3{?TA, Il'�1C.
BY ,
SL..% t This of mkn"Opt tna.
Farlal Speeill Ass meat Form
kor, UJU Fui 031WA4
t
10 15092
DEVELOPMENT CONTRACT
COUNTRY HILLS FIFTH AMMON
AGREEMENT dated '.J ,,. day of 1991, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and
U.S. HOME CORPORATION, a Delaware corporation, (the "Developer ").
1. Recruest for .n at Appro ves. Vie Developer has asked the .:ity to
approve a plat of Land to be known as COUNTRY HILLS FIFTH ADDITION
(also referred to in this contract as the "plat"). The land is:
legally described as Outlots A and D, Country Hills Fourth Addition.
2. P.U. Approval The City has approved the Country Hills
Planned Unit Development in an agreement, dated July 22, 1985,
Addendum I, dated ,Tune 2, 1987, and Addendum II, dated June 18,
1991
1 `3. Conditions of Plat Approv The City hereby approves the p1
on condition that (1) Engineering Plans and Specificattons and the
reruired utility easements be approved by the City Public Works
Director (2) that the utility easement on the northwesterly lot line
of Lot 1, Block 1 of Country Jiills Fourth Addition be used as the
maintenance access to outlot B; and (3) the Subdivision Development
Contract for Country s th Additicn bu executed.
a. Ph ased Development The City may'refuse to approve final plats
of subsequent additions of the plat if the Developer has breached
this Contract and the breach has.not been remedied. Development of
subsequent phases may not proceed until Development Contracts-for
such phases are aprrvvr-.d t+• the City.
S. Effect of Subd ivision_A. pprov al. For two (2) years from the date
of this Contract, no amendments to the City's Comprehensive Plan,
except an amendment plac:ig the plat in the current urban service
area, or official.controls shall apply to or affect the use,
developme-t density, lot size, lot layout or dedications of the
approved plat unl.c:;s rcqui:-r.d by state or federal law of agreed to
in writing by the City and the Developer. Thereaftor,
notwithstan6ing anything in this Contrac" to the contrary, to the
r ill e•yt,:nt permitted by nt;ite law the City may require compliance
:th any amendments to the City': Comprehennive Guide Plan, official
cnntrolo,, platting or dredlr.;ition rnquiremente enacted ifter the date
ur thi.F: r:ontr 3Ct.
13. '. Planting and seeding Prior to the City allowing occupancy, the
L' :veloper shall plant one (1) two -inch r:aliper deciduous tree on
each street frontage of each loft and the Developer shall also sod
the boulevards, all at its ,',m cost.
14. . 'lien u2. The Dcve'loner shall clean dirt and debris from
streets that has resulted from construction wor:< by the Developer,
i.ts ager._s or assigns, within twenty - four (24) rours after notice by
the City.
15. QZ►11gS4111P.1�D�oY_e�,at upon completion and City -ccep'.ance
or the work and construction rr_quired by this Co- treect, thn public
improvements lying within public rights -of -way and easements shall
become City property without further notice or action.
16. AazrantY The Developer warrZnte all work required to be -
performed by it against poor material and faulty workmanship for a
period of two (2) years after its completion and acceptance by the
City. All trees, grass and sod shall be warranted to be alive, of
good quality and disease free for twelve (12) months after planting.
The Developer shall post maintenance bonds or other security
acceptable to the City to secure the warrantie3.
17. $I�pQIl�jh 11t4 for Co ��•
A. Except as other.✓ise specified herein, the Devolopo r .hall
pay all costs incurred by it or tha City in conju,,ction with the
development of the plat including, but not Limited to, soil and
water Conservation nistrict charges, legal, planning, enginaering
and tnspection expenses Incurred in connection with approval and
acceptance of the plat, the preparation of this Contract, and all
costs anc! expenses incurred by the City in monitoring and inspecting
development of the plat.
H. The Developer shall hole! the City snd it3 officers and
employees harmless from claims made by itself anO third parties for
damages sustainer] oc costs incurred resulting from plat approval and
development. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenseu which the
City may pay or incur in consequence of such claims, including
attcrney's fees.
C. The Developur ohs+ ?l. reimburne the City fer costs incurred in
the entorcar.ent of this Contract, including engineering rind
attorney's fees.
U, The 1 eVC1 ,� ;r c:1111 1 p.,y, or cil,isr_ to t,.: piid when dun. and
in any event b; -fore "iny penalty is attached, .all soccial acecsa>nants
referred to i:1 thir. Cor.trar_t. rhia in a personal obligation of the
Developer, tt.5. Llr,rc Corporation, ar.d shall continuo in full force
5
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