HomeMy WebLinkAbout6.n. Roundstone Final Plat and Subdivision AgreementCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: January 7, 2003
AGENDA ITEM: Roundstone ( Evermoor) Final Plat and
AGENDA SECTION:
Subdivision Development Agreement — D. R.
Consent
Horton
PREPARED BY: Rick Pearson, City Planner
AGENDA NO.
Andy Brotzler, City Engineer
° .f
ATTACHMENTS: Draft Resolution, Subdivision Development
APPROVED BY:
Agreement, Location Map, Final Plat
Reductions, P.C. Minutes (10- 22 -02),
Preliminary Plat Resolution 2002 -118
Applicant & Property Owner(s): D. R. Horton
Location: North of Schwartz Pond Park, South of Connemara Trail (currently under
construction).
Number of Lots: 45 lots for row townhouse units, 9 lots for back -to -back townhouse units;
2 lots for common open space, setbacks and private street.
Current Zoning: R -3, Medium Density Residential
Planning Commission Action: Recommendation of Approval (4 -0)
SUMMARY
This final plat concerns the D. R. Horton townhouse development south of the Connemara Trail corridor
currently under construction. The lots have been checked and are verified as being in conformance with the
Preliminary Plat, as it has been approved.
Final Plats do not require public hearings when they are consistent with the approved preliminary plat (and
PUD). Otherwise, previously unidentified variances would have to be processed as new applications.
Park Dedication will be the land in Outlot A.
PLANNING COMMISSION REVIEW
The Planning Commissioners asked if the street loop issue had been resolved. Staff indicated that it was, at
which time the Commissioners adopted a motion to recommend approval.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the final plat for Evermoor Roundstone.
- and —
Motion to authorize execution of the Subdivision Development Agreement for Evermoor Roundstone.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003-
A RESOLUTION APPROVING THE
FINAL PLAT FOR
EVERMOOR ROUNDSTONE
WHEREAS, the Community Development Department of the City of Rosemount received an
application for final plat approval submitted by D.R. Horton for Evermoor Roundstone, as
required by ordinance, pertaining to land legally described as:
Outlot B, CONNEMARA OUTLOTS, according to the recorded plat thereof, Dakota
County, Minnesota.
WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat
application for Evermoor Roundstone at their regular meeting on October 22, 2002; and
WHEREAS, the Planning Commission adopted a motion to recommend approval of the final
plat to the City Council as required by the Subdivision Ordinance, subject to conditions; and,
WHEREAS, the City Council of the City of Rosemount reviewed the final plat application as
required by the Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the final plat for Evermoor Roundstone, subject to:
1. Execution of a subdivision development agreement to secure public infrastructure and
landscaping.
2. Incorporation of recommendations by the City Engineer relative to drainage, easements,
grading, streets and utilities.
3. Conformance with all of the conditions specified in Resolution 2002 -118, approving the
preliminary plat for Roundstone.
4. Payment of all development and platting fees as specified in the current fee schedule.
ADOPTED this 7 th day of January, 2003, by the City Council of the City of Rosemount.
William Droste, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by:
Voted in favor:
Seconded by:
Voted against:
Member absent:
SUBDIVISION AGREEMENT
Evermoor Roundstone Addition
AGREEMENT dated day of , 2002, by and between the CITY OF ROSEMOUNT, a
Minnesota municipal corporation, ( "City "), and D. R. HORTON, INC., (the "Developer ").
1. Request for Plat Approval The Developer has asked the City to approve the subdivision of land
and a plat of land to be known as Evermoor Roundstone, which land is legally described on
Attachment One, attached hereto and hereby made a part hereof (hereinafter referred to as the
"subject property ").
2. Conditions of Plat Approval The City.has approved the subdivision and the plat on the
following conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation of
public, infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including G.I.S., Park Dedication and other fees identified in
the current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, conservation
areas streets and utilities.
3. Phased 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 Subdivision Agreements for such phases
are approved by the City.
4. Effect of Subdivision Approval For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development density,
lot size, lot layout or dedications of the approved plat unless required by state or federal law or
agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this
Agreement to the contrary, to the full extent permitted by state law the City may require
compliance with any amendments to the City's Comprehensive Guide Plan, official controls,
platting or dedication requirements enacted after the date of this Agreement.
5. Development Plans The subject property shall be developed in accordance with the following
plans, original copies of which are on file with the City Public Works Director. The plans may be
prepared, subject to City approval, after entering this Agreement, but before commencement of
any work on the Subject Property. If the plans vary from the written terms of this Agreement, the
written terms shall control. The plans are:
Plan A -- Plat
Plan B -- Soil Erosion Control Plan and Schedule
Plan C -- Drainage and Storm Water Runoff Plan
Evermoor Roundstone
12/23/02
Plan D -- Plans and Specifications for Public Improvements
Plan E -- Grading Plan and House Pad Elevations
Plan F -- Street Lights
Plan G -- Landscape Improvements
6. Installation by Developer The Developer shall install or cause to be installed and pay for the
following:
A. Street Lights
B. Setting of Lot and Block Monuments
C. Surveying and Staking of work required to be performed by the Developer.
D. Gas, Electric, Telephone, and Cable Lines
E. Site Grading
F. Landscaping
(Hereinafter referred to as the "Developer Improvements ")
And other items as necessary to complete the development as stipulated herein or in other
agreements.
7. Time of Performance The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property by August 31, 2003. The Developer may,
however, request an extension of time from the City. If an extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost increases and the
extended completion date.
8. Public Infrastructure The following improvements, known as City Project 361, shall be designed,
inspected, surveyed and administered by the City and installed in the Subject Property at Developer
expense by a Contractor selected by the City through the public bidding process:
A.
Sanitary Sewer
B.
Watermain
C.
Storm Sewer
D.
Streets (Private)
E.
Sidewalks /Pathways (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.
2
Evermoor Roundstone
12/23/02
9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financing the
construction, installation and maintenance of the Public Infrastructure Improvements, Developer
shall promptly make payments to the City of sums deemed necessary by the City to make timely
payments to its contractor as follows:
a. Prior to the receipt by the City of bids for the Public Infrastructure Improvements, Developer
will pay to the City a cash deposit in the amount of One Hundred Thousand
Dollars ($100,000) to cover one or more periodic payments to the City's contractor. Such
deposit and later payments to the deposit as provided in this paragraph will be held by the
City and used to pay the City's contractor for Public Infrastructure Improvements and no
other purpose.
b. From time to time as the City's construction of the Public Infrastructure Improvements
proceeds and the amount held in the Developer's deposit is diminished by payments to the
City's contractor, the City will give written notice specifying an amount due from the
Developer to replenish the deposit, as determined by the City to be necessary to cover one or
more periodic payments to the City's contractor. Payments shall be due no later than five (5)
working days after receipt of notice by the Developer.
C. No interest will be paid or credited to Developer on funds held by the City in the deposit.
Following final payment for Public Infrastructure Improvements the City will return any
unused funds in the deposit to Developer.
d. Upon execution of this Agreement, Developer will provide a .letter of credit in form
satisfactory to the City in the amount of Seven Hundred Forty -seven Thousand
Dollars ($747,000) (which is 110% of the estimated construction costs ($847,000) less the
initial deposit), conditioned on the prompt and faithful performance by Developer of its
obligations under this paragraph 9. This letter of credit may be combined with any other
letter of credit given to secure performance under this Agreement provided the form thereof
is approved by the City.
e. In the event City does not recover its costs for completing the Public Infrastructure
Improvements under the provisions of this paragraph, as an additional remedy, City may, at
its option, assess the Subject Property in the manner provided by Minnesota Statutes,
Chapter 429, and Developer hereby consents to the levy of such special assessments without
notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota
Statutes, Section 429.081, provided the amount levied, together with the funds deposited
with the City under this paragraph, does not exceed the expenses actually incurred by the
City in the completion of the Public Infrastructure Improvements.
10. Security for Developer Improvements To guarantee compliance with the terms of this
Agreement, payment of the costs of all Developer Improvements and construction of all Developer
Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a cash escrow or
irrevocable letter of credit from a bank ( "security ") for $310,502.50, which is 110% of the estimated
cost of the Developer Improvements. The amount of the security was calculated as follows:
3 Evermoor Roundstone
12/23/02
Refer to Exhibit A for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and
approved by the City Public Works Director. The completion of grading activities will need to be
coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the
City Public Works Director satisfactory proof of payment for the site grading work and shall submit
a certificate of survey of the development to the City as the site grading is completed by phase, with
street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the
utility contractor shall have preference over the grading activities. No substantial grading activities
can be completed over installed utilities unless otherwise protected. All improvements to the lots
and the final grading shall comply with the grading plan as submitted and shall be the responsibility
of the Developer.
4 Evermoor Roundstone
12/23/02
Cost
110%
Grading & Erosion Control
$47,7
$52,552.50
Pond Restoration and Erosion
Control Removal
$10,000
$11,000
Survey Monumentation
$59,500
$65,450
Landscaping
$125,000
$1 317,500
Retaining Walls
-0-
-0-
Street Lighting (10 lights)
$40,000
$44,000
Buffer Monumentation
-0-
-0-
Park Equipment/Improvements
-0-
-0-
Wetland Restoration/Mitigation
-0-
-0-
Wetland Monitoring
-0-
-0-
Total
$282,275.
$310,502.50
Refer to Exhibit A for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. The letter of credit shall be automatically renewable until the City releases the
developer from responsibility. The letter of credit shall secure compliance with the terms of this
Agreement and all obligations of the Developer under it. The City may draw down on the letter of
credit without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Subdivision Agreement by the Developer, the City
shall furnish the Developer with written notice by certified mail of Developers default(s) under the
terms of this Subdivision Agreement. If the Developer does not remove said default(s) within two
(2) weeks of receiving notice; the City may draw on the letter of credit. With City approval the letter
of credit may be reduced from time to time as financial obligations are paid and developer installed
improvements completed to the City's requirements.
11. Grading Plan /Site Grading Site grading shall be completed by the developer at its cost and
approved by the City Public Works Director. The completion of grading activities will need to be
coordinated by the City in conjunction with the installation of utilities. Developer shall furnish the
City Public Works Director satisfactory proof of payment for the site grading work and shall submit
a certificate of survey of the development to the City as the site grading is completed by phase, with
street and lot grades. If the installation of utilities is occurring simultaneously with the grading, the
utility contractor shall have preference over the grading activities. No substantial grading activities
can be completed over installed utilities unless otherwise protected. All improvements to the lots
and the final grading shall comply with the grading plan as submitted and shall be the responsibility
of the Developer.
4 Evermoor Roundstone
12/23/02
12. License The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the Subject Property to perform all work and inspections deemed appropriate by the
City during the installation of Public Infrastructure Improvements.
13. Erosion Control Prior to site grading, and before any utility construction is commenced or
building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected and
approved by the City. All areas disturbed by the excavation and backfilling operations shall be
reseeded within 72 hours after the completion of the work in that area. Except as otherwise provided
in the erosion control plan, seed shall be rye grass or other fast - growing seed suitable to the existing
soil to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched
and disc anchored as necessary for seed retention.
All basement and /or foundation excavation spoil piles shall be kept completely off City right -of -way
and shall be completely surrounded with an approved erosion control silt fence. Approved erosion
control fencing shall be installed around the perimeter of each lot or at City approved locations at the
time of building permit issuance and remain in place until the lot is seeded or sodded. A 20 -foot
opening will be allowed on each lot for construction deliveries.
The parties recognize that time is of the essence in controlling erosion. If development does not
comply with the erosion control plan and schedule or supplementary instructions received from the
City, the City may take such action as it deems appropriate to control erosion. This right also applies
to the required erosion control for basement and/or foundation excavation spoil piles. The City will
endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within thirty (30) days, the City may
draw down the letter of credit to pay any costs. No development will be allowed and no building
permits will be issued unless the Subject Property is in full compliance with the erosion control
requirements.
14. Planting and Seeding Landscaping shall be in accordance with Landscape Plans approved by the
City Planner.
15. Clean up . The Developer shall clean streets of dirt and debris that has resulted from construction
work by the Developer, its agents or assigns. The City will inspect the site on a weekly basis and
determine whether it is necessary to take additional measures to clean dirt and debris from the
streets. After 24 hours verbal notice to the Developer, the City will complete or contract to complete
the clean up at the Developer's expense in accordance with the procedures specified in Paragraph 13.
The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of
erosion/siltation and restore to the original condition at the end of home construction within this
development. All silt fence and other erosion control should be removed following the
establishment of turf. These items are to be secured through the letter of credit as is noted in Exhibit
A.
16. Ownership of Improvements Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public rights -of-
5 Evermoor Roundstone
12/23/02
way and easements shall become City property without further notice or action unless the
improvements are slated as private infrastructure.
17. Warranty The Developer warrants all work required to be performed by it against poor material
and faulty workmanship for a period of two (2) years after its completion and acceptance by the
City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for
twelve (12) months after planting.
18. Responsibility for Costs
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the Subject Property including, but not limited
to, Soil and Water Conservation District charges, legal, planning, engineering and inspection
expenses incurred in connection with approval and acceptance of the subdivision and the
plat, the preparation of this Agreement and any amendments hereto, and all costs and
expenses incurred by the City in monitoring and inspecting development of the Subject
Property.
B. The Developer shall hold the City and its officers and employees harmless from claims made
by itself and third parties for damages sustained or costs incurred resulting from plat or
subdivision approval and development of the Subject Property. The Developer shall
indemnify the City and its officers and employees for all costs, damages or expenses which
the City may pay or incur in consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the preparation and enforcement
of this Agreement, including engineering and attorney's fees. The estimated City fees of
$189,060 shall be deposited with the City at the time this Agreement is signed, and represent
the following estimates:
$143,990
$ 2,000
$ 42,350
$ 720
$ -0-
$189,060
Engineering Fees
Attorney Fees
5% City Fees
Street Light Energy Cost
Seal Coating
If the City fees exceed this estimate, the Developer shall pay the additional costs to the City
within 10 days of the request.
D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Agreement within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt development work and construction including, but not limited to, the
issuance of building permits for lots which the Developer may or may not have sold, until the
bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of
nine percent (9 %) per year.
6 Evermoor Roundstone
12/23/02
E. The Developer shall pay all energy costs for street lights installed within the Subject Property
for 24- months at a cost of $5 /month/light. After that, the City will assume the energy costs.
F. The Developer will pay the cost of sealcoating the streets within the development at a cost of
$0.60 /SY. The sealcoating will be completed within two (2) years following wear course
placement.
19. Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time
of, execution of any plat by the City:
A. Park dedication fees in the amount of $ -0 -.
B. Geographic Information System. (GIS) fees in the amount of $6,545.
C. Storm Sewer Trunk Area Charges in the amount of $44,567.25.
Or such other amounts for such fees as in effect at the time of plat approval.
20. Developer understands that builders will be required to pay for the Subject Property the fees, charges
and assessments in effect at the time of issuance of building permits. The rates for each of these
items will be set according to the current rate structure at the time the building permit is received.
The.fees, charges, and assessments in effect as of this agreement are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current
rate is $1,200).
B. Storm Sewer Connection Charges per single family unit and per multiple family unit
(currently at $955).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,060 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,215 /SAC unit for single family
residential and multi - family residential).
E. Sanitary Sewer Trunk Charges per SAC unit (currently at $318.34 /unit).
F. Water Trunk Charges per SAC unit (currently at $1,213.34 /unit).
21. Building Permits No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
7 Evermoor Roundstone
12/23/02
D. The first lift of bituminous is in place and approved by the City.
G. All building permit fees are paid in full.
F. An early building permit will be issued for Lots 9 -13 in accordance with requirements shown
on Attachment Two. No additional early building permits will be issued.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays,
incurred by the City, in the construction of public improvements, caused by the Developer, its
employees, contractors, subcontractors, materialmen or agents. No occupancy permits shall be
issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved by the
City, unless otherwise authorized in writing by the City Public Works Director.
22. Developer's Default In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer is first
given notice of the work in default, not less than 48 hours in advance. This Agreement is a license
for the City to act, and it shall not be necessary for the City to seek a court order for permission to
enter the land. When the City does any such work, the City may, in addition to its other remedies,
levy the cost in whole or in part as a special assessment against the Subject Property. Developer
waives its rights to notice of hearing and hearing on such assessments and its right to appeal such
assessments pursuant to Minnesota Statutes, Section 429.081.
23. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal laws
and regulations including, but not limited to: subdivision ordinances, zoning ordinances and
environmental regulations. If the City determines that the subdivision or the plat or the
development of the Subject Property does not comply, the City may, at its option, refuse to
allow construction or development work on the Subject Property until the Developer does
comply. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is
for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Agreement.
E. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in completion
8 Evermoor Roundstone
12/23/02
.i �PIONBE�ER
w ngin Ing
ie o.rWa lug. [ re,oL
PflIVA iE 6TREETS
rYPICn SECTION (N.TS.)
PAKUENI YCTION
,.., b rN( L�I'n[nRwc LawY, fl[+[]wlael
- � - E %ISTINC 2' CCN fIXNV
+��•a -+ FMISTNC 1c' CONiWR
' PROPOYD ]' CONTWR
EXIST- MEILAN0 WR
-ES / 1REEUNE
. • "'. "'• • EROSION COUiPaI
e�rursw PArN
ORN SEV.LA K
� — � -- cONCRErt w
.PNIC sCALC IN reef - - —.�_. YIBECK LwC
r r r [Y[P4NCY OKPnow
POINT - SPIKE AT $E WAD M.7711 nR[ LnN[ -ND SWRI PRRKwc
PAIN AND EVERU00R PKWY.
I33,67 - ' ..l. E 1, ES END
AOPC$
REOURC Y[O
u,0 WOOD FIBER BLANKET
}� ___ "' I[ ..i °^ - .. i.,r. _ SNFEI RILE -- .ER aYCT
GRADING AND EROSION CONTROL D.R. NORTON ROUNDSTONE sN[ET G -1 1 e CTs
GR/YVtG 4e^1ST*W7�Al A?Z e 55 OVA.� -*i f v4 , AW P E"5S1 &Q f -i T" .4LL
• AM ^ a Pv"64* . OX- r». w -"XAV-
� . '�'"��ae�, - � � p/.� �',,t�,+tX.'•� Gn �.ravC�- �uN�o.+►�.z�G o F � c�u�prlrl.✓�' �,d ���^T�.t�t.S
a
i
:v A
V
N Y a a.
i
n..
de
I
a vr
BULLOING SETBACKS
FRWT- FWNOAPON TO BACK OF CURB 26'
SIOE- FOUNDATION
TO BACK OF CURB 21'
SIDE- FOUNOADON
TO FOUll"TION 21'
REAR- FOUIIOATIW
TO BWNOARY E0'
STREET
32' R -O -W
2E' FACE TO FACE
30' BACK TO BACK
LEGEND
- � - E %ISTINC 2' CCN fIXNV
+��•a -+ FMISTNC 1c' CONiWR
' PROPOYD ]' CONTWR
EXIST- MEILAN0 WR
-ES / 1REEUNE
. • "'. "'• • EROSION COUiPaI
e�rursw PArN
ORN SEV.LA K
� — � -- cONCRErt w
.PNIC sCALC IN reef - - —.�_. YIBECK LwC
r r r [Y[P4NCY OKPnow
POINT - SPIKE AT $E WAD M.7711 nR[ LnN[ -ND SWRI PRRKwc
PAIN AND EVERU00R PKWY.
I33,67 - ' ..l. E 1, ES END
AOPC$
REOURC Y[O
u,0 WOOD FIBER BLANKET
}� ___ "' I[ ..i °^ - .. i.,r. _ SNFEI RILE -- .ER aYCT
GRADING AND EROSION CONTROL D.R. NORTON ROUNDSTONE sN[ET G -1 1 e CTs
GR/YVtG 4e^1ST*W7�Al A?Z e 55 OVA.� -*i f v4 , AW P E"5S1 &Q f -i T" .4LL
• AM ^ a Pv"64* . OX- r». w -"XAV-
� . '�'"��ae�, - � � p/.� �',,t�,+tX.'•� Gn �.ravC�- �uN�o.+►�.z�G o F � c�u�prlrl.✓�' �,d ���^T�.t�t.S
a
of public improvements and damage to public improvements caused by the City, Developer,
its contractors, subcontractors, materialmen, employees; agents or third parties.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
G. This Agreement shall run with the land and may be recorded against the title to the property.
The Developer shall take such steps, including execution of amendments to this Agreement,
as are necessary to effect the recording hereof. After the Developer has completed the work
required of it under this Contract, at the Developer's request, the City will execute and
deliver to the Developer a release.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
the City, at law or in equity, or under any other agreement, and each and every right, power
and remedy herein set forth or otherwise so exciting may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of
the right to exercise at any time thereafter any other right, power or remedy.
The Developer may not assign this Agreement without the written permission of the City
Council.
24. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered to
the Developer, its employees or agents, or mailed to the Developer by registered mail at the
following address:
D. R. Horton, Inc.
20860 Kenbridge Court, Suite 100
Lakeville, MN 55044
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by registered mail in care of the City Administrator at the following address: City
Administrator, Rosemount City Hall, 2875 145` Street West, Rosemount, Minnesota 55068.
9 Evermoor Roundstone
12/23/02
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Linda Jentink, City Clerk
BY: _
Its
BY: _
Its
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of ,
2002, by William H. Droste, Mayor, and Linda Jentink, City Clerk, of the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
Notary Public
The foregoing instrument was acknowledged before me this day of
2002 by , and
a , on behalf
of the said
Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, MN 55068
10 Evermoor Roundstone
12/23/02
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are
outlined in the Subdivision Agreement:
Grading & Erosion Control — A restoration and erosion control bond to ensure revegetation and erosion
control ($3,500 /acre). Note: The minimum bond amount is set at $25,000.
Pond Restoration/Erosion Removal — A security to allow for cleaning of sedimentation ponds prior to City
acceptance and removing any installed erosion control measures such as silt fence and woodfiber blanket
following development of 75 percent of adjoining lots (estimated Lump Sum).
Survey Monumentation — An amount equal to 110% of the cost to monument all lots within the
development.
Landscaping — An amount equal to 110% of the cost to complete the minimum required landscaping. If
additional landscaping is planned, a bond for that cost is not required.
Retaining Walls — An amount equal to 110% of the cost to complete the retaining wall construction.
Street Lighting — An amount equal to 110% of the cost to complete the minimum required lighting. If
additional lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate
this cost).
Buffer Monumentation —An amount equal to 110 %0 of the cost to manufacture and install the necessary
buffer monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this
cost).
Park Equipment — An amount equal to 110% of the cost of improvements agreed upon to be completed in
the park areas.
Wetland Monitoring — An amount equal to 110% of the cost to hire a wetland specialist to monitor the
mitigation areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration/Mitigation — An amount equal to 110% of the cost to develop new wetlands should the
mitigation not be effective ($20,000 per acre of mitigation).
11 Evermoor Roundstone
12/23/02
:Agdej6olo4d leuay ZOOZ /OZ /9 :palepdn slaoJed ZOOZ '9 Ain :a1eo dew
juawpeda4 uollewjo;ul pue l pue 6anmg llunoo elo�eo loeluoo aseeld 'puno;
aue mouedajoslp ;l 'peuieluoo waia4 saloemooeui !ue jo; elgisuodsai 1ou st (1unoO e1o> eO 'Aluo
sasodmd souaje ;ej jo; peen eq o; sl pue 'umogs eaje e416ugoa 'saanos ja4;o pue sao!mo alels
pue 'llunoo '/4p snouen ui p81e001 elep pue uogewUo ;w 'Spjooei jo uogelidwoo a sl 6ulmelp s141
'auo se peen aq of papuelul lou sl pue !stuns a jou dew papjooaj 61le6el a ia4llau sl 6wmeip si41
- lqunoO elo> eo 'ZOOZ 146uAdoO
loo; 1saieou of papuna suoisuawlO :31ON
dVIAI :l1 1S
C
>�
Q � C
Z_
0
F— till C
O W
ZdCn.3
ROUNDSTONE
KNOW ALL PERSONS BY THESE PRESENTS: That D. R. Horton, Inc, — Minnesota, a Delaware corporation, fee owner
of the following described property situated in the County of Dakota, State of Minnesota, to wit:
Outlet B, CONNEMARA OUTLOTS, according to the recorded plot thereof, Dakota County, Minnesota.
Has caused the some to be surveyed and platted as ROUNDSTONE, and does hereby donate and dedicate
to the public for public use forever, the easements as shown on the plat for drainage and utility purposes only.
In witness whereof sold D. R. Horton, Inc. — Minnesota, a Delaware corporotion, has caused these presents
to be signed by Its proper officer this _ day of 20
BY: ' ITS:
STATE OF
COUNTY OF
The f.egolnv nalrummt was acknowledged before me this day of
20 Oy, of R. Horton, Inc. — Mlnnesolo,
a Delaware corporation, on behalf of the corporation.
Notary Public County,
My Commission Expires
I hereby certify that I hove surveyed and platted the property described on this plat as ROUNDSTONE;
that this plat Is o correct representation of the survey, that all distances are correctly shown on the
plot in feet and hundredths of a foot; that all monuments hove been correctly placed in the ground as shown
that the outside boundary Ines ore correctly designated on the plot; and that there ore no wet lands as
defined In Minnesota Statutes Section 505.02 Subd 1, or public highways to be designated other than as shown.
STATE OF MINNESOTA
COUNTY OF
John C. Larson, Land Survey.
Minnesota Licence Number 19828
The foregoing Surveyor's Certificate was acknowledged before me this _ day of
20 � by John C. Larson, Land Surveyor, Minnesota License No. 19828.
Notary Public County, Minnesota
My Commission Expires
ROSEMOUNT PLANNING COMMISSION
Approved by the Planning Commission of the City of Rosemount, Minnesota, at o regular meeting thereof, on
the _ day of 20
Secretory Chairperson
ROSEMOUNT CITY COUNCIL
We do hereby certify that on the _ day of 20 — the City
Counctl of Rosemount, Minnesota, approved this plat.
Clerk May.
DAKOTA COUNTY SURVEYOR
Pursuant to Section 383D.65, Mlnnesolo Statutes, this plot has been approved this _ day of
20—
By
Fred M. Johnson, Dakota County Surveyor
DAKOTA COUNTY TREASURER AUDITOR
I hereby certify that the taxes for the year 20 . for the Ind described on this plat as ROUNDSTONE
have been paid, that there ere no delinquent taxes due and transfer ent.ed this _ day of
20
County Treasurer— Auditor, Dakota County, Minnesota
DAKOTA COUNTY RECORDER
Document Number
1 hereby certify that this Instrument was filed In the office of the County Recorder far record this
day of 20 at _ o'clock, _M. and.
was duly recorded in Book of on page
County Recorder, Dakota County, Minnesota
DAKOTA COUNTY REGISTRAR OF TITLES
Document Number Certification Number
I hereby certify that this Instrument was filed n the office of the Registrar of Titles for record on this
day of at _ o'clock _ M., and was duly recorded n
Book on Page
By.
* •rt
Y
PIONEER
+t engnsarsg
y M *
i
Registrar of Titles, Dakota County, Minnesota
NOTE:
PRELIMINARY
Subject to revision
without notice.
oil HMI
m
R
r m
S
f
V
m
• * *w ♦
� s
+ r<
Li
3A
0
y �oj e.K
M.
;n -zsp s7� ' ' 1 4Q y . y 1�
a
.
Nesw l� _
o'
{{ ?Y
Q oo a Y� IF.OtMCtN )�
_ yyTC
- y Gf�J
N .4A
JLp .
$ JM .St 9lflN $ri
- Fa
To
N6L �IL,M.WNY & o $0 yyTG N .
1 . tcD
J
& „TG
Y u
w I- y NWIU'4YE
NWwv% 8 4
��� S S rI S NWlO•lJ'E S n
g NWVa'a)'E $
994L M.1Z.9r.[9N 1y �__ & u 70.68
'-
.E v
Ln
CA'�e'F &y I
S � „ � 8 N1T .h
g d > qss • $ /
uN' Nry)q'o9� � w
.66 NIJ2rb� >9.96
g 1
Jpp ]sb
W
ti „r
r9zgo f - /
22 1.8p I ��i
o�
mo o• �
HiRflIno
�2m '
; °6
-- — -,
r
�m�4�g
m
� ti o
m�
y
z
;.,
Al
O
mN��g
E m
�xr g
=yam
I^ r
L
X 9�A
Ya
Yu
m
Az
eon
P AN " EN p EN
F
N
zggs
m
-'
`GO
- ' p t
FJ3.SJ
O
35 3
]nW
W
J33J
W.W
0
]0.W
W.W
o �
cJ�
w
gyQi
-
1 1
I A N
-1 N
O
-_ LINE 0.F 111E Sw 1/4 0.F `
� Ji6lW SEC. ID =
']Yw 1 1 �
1
715.45
NWO9•SS•w 1eo.99 Sw926'J3'E
E m
Ya
Yu
m
Npu
of
Na£NauNa
F is
`
P AN " EN p EN
F
N
-'
`GO
- ' p t
FJ3.SJ
--�
35 3
]nW
W
J33J
Jl.31
W.W
0
]0.W
W.W
Oo
cJ�
NOTE:
PRELIMINARY
Subject to revision
without notice.
N
J a
N
00 �
to
a
W
o.
W
a
W
N
a
W
W a
W
W
Ln a
W
a
W
J a
W e
OD
a
W
m a
C e
a
J
N
N N
W
a
41 C
a
U1
a
dS -
E 66t
Y N
N N N N
O Ut {
W
x
N a
J
v, O _ I
yN C
a a a
k�
V
R�
U a
N
U R a
ut
a
C)
O
a
a
N
N
x
N a
J
v, O _ I
yN C
a a a
k�
V
R�
U a
N
U R a
ut
a
80
D D n
r r x
� O
m � p
>mu
D N
�n �^
mw�
m
(�jmN
N > D
N
UI
W
■
D
N
Z
a
W a
N
N a
r
O
to 8
a
OD
a
Y
v o
a
rn
a
N
E x
a
I - Q Zlye #
W
N zjO#
O
C
Z
�
V I
O
rn
i ' 1
C)
O
a
80
D D n
r r x
� O
m � p
>mu
D N
�n �^
mw�
m
(�jmN
N > D
N
UI
W
■
D
N
Z
a
W a
N
N a
r
O
to 8
a
OD
a
Y
v o
a
rn
a
N
E x
a
I - Q Zlye #
W
N zjO#
O
C
Z
�
V I
O
rn
i ' 1
Planning Commission
Regular Meeting Minutes
October 22, 2002
Page 4
t be able to afford new space as well as the difficulty to attract new busines es to the new space.
One ey question is where the redevelopment should begin. Commissio r Napper inquired
about t possible timeframe for this project and Parsons replied that e market study looks 4 -8
years out. is recommended that a lot should not be done before 04, limited demand between
2004 and 200 with the rest going forward until 2010.
Chairperson Anderson,,asked about the next step for the-pl6nning commission. Parsons said it
depended on how comfo'rfable the commission felt wA the information given. Chairperson
Anderson stated that with the-volume of informati given the commission would need at least
another meeting to come up wi specific reco endations to the City Council. Commissioner
Messner asked if the commission's sk wa to look at the redevelopment plan and see how it
conforms with the guide plan. City PI r Pearson said the commission should look at the land
use and make recommendations on w t is e most appropriate land use. If certain zoning
districts in the guide plan need to b expanded on that should be included in the
recommendation. Chairperson derson asked if e public would have a chance to voice their
comments once this went ba to the City Council an ity Planner Pearson stated that
whenever there is a chan to the ordinance or comp plan ublic hearing is required.
Commissioner Schil elt that the planning commission wou be a fourth body to make
recommendations r the downtown redevelopment plan. Parson tated the simplest thing
would be to rec end changes to the redevelopment plan. If incon ' tencies are found, that
would be an er level of involvement and should be included in their re endation to the
City Cou il.
wn redevelopment plan discussion was tabled until the November 12,
meeting.
New Business: Evermoor Roundstone
This is a final plat for the D.R. Horton townhome development along the new Connemara Trail
currently under construction. The lots have been verified as being in conformance with the
preliminary plat. The land in Outlot A will be for park dedication. This last step in the planning
process will create the actual lots.
Mike Suel from D.R. Horton was present to answer any questions by the commission.
Commissioner Messner inquired if the previous issue regarding the two connection streets had
been resolved. City Planner Pearson stated the two streets will be connected although it is not
depicted on the final plat. This issue was resolved with the final grading plan and was approved
by the City Engineer and Fire Marshal.
MOTION by Anderson to recommend that the City Council approve the final plat for Evermoor
Roundstone Final Plat subject to:
1. Execution of a subdivision development agreement to secure public infrastructure and
landscaping.
j
Planning Commission
Regular Meeting Minutes
October 22, 2002
Page 5
2. Incorporation of recommendations by the City Engineer relative to drainage, easements,
grading, streets, and utilities.
3. Conformance with all of the conditions specified in Resolution 2002 -118, approving the
preliminary plat for Roundstone.
4. Payment of all development and platting fees as specified in the current fee schedule.
Second by Messner. Ayes: Anderson, Messner, Schiltz, Napper. Nays: 0. Motion carried.
Ci lanner Pearson stated this could go to the City Council on November 5, 2002 but is
dependen the City Engineer finalizing the development agreeme
Director's Report: Planner Pearson info t e commission that the City will be losing
Tom Burt as their City Admi tor. as accepted a City Manager position with Golden
Valley. His last day will be No e X2002.
There being � -�t'her business to come before this Cwt sion, upon Motion by Anderson, and
u�r mows decision, the meeting was adjourned at 8:02 p.
Respectfully Submitted,
Chantel Nelson
Recording Secretary
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2002- l!8
A RESOLUTION APPROVING THE
PRELIMINARY PLAT FOR
EVERMOOR ROUNDSTONE
WHEREAS, the Community Development Department of the City of Rosemount received an
application from D.R. Horton for approval of the Preliminary Plat for Evermoor Roundstone;
and legally described as:
All that part of Outlot D, OUTLOTS OF EVERMOOR, according to the recorded plat
thereof, Dakota County, Minnesota, lying easterly of the following described line, and its
northerly extension:
Commencing at the intersection of the south line of said Outlot D and the westerly right
of way line of Dodd Boulevard as delineated and dedicated on said OUTLOTS OF
EVERMOOR; thence on an assumed bearing of south 89 degrees 50 minutes 25
seconds West, along said south line, a distance of 1899.20 feet to the point of beginning
of the line to be described; thence North 00 degrees 09 minutes 35 seconds West, a
distance of 715.45 feet to the southerly right of way line of Connemara Trail as
delineated and dedicated on said OUTLOTS OF EVERMOOR.
And westerly of the following described line, and its northerly extension:
Commencing at the intersection of said south line of Outlot D and said westerly right of
way line of Dodd Boulevard; thence south 89 degrees 50 minutes 25 seconds West,
along said south line, a distance of 1123.41 feet to the point of beginning of line to be
described; thence North 00 degrees 09 minutes 35 seconds West, a distance of 452.09
feet; thence North 15 degrees 27 minutes 48 seconds East, a distance of 221.80 feet to
said southerly right of way line of Connemara Trail.
WHEREAS, on July 23, 2002, the Planning Commission of the City of Rosemount reviewed the
Preliminary Plat for Evermoor Roundstone and recommended approval, subject to conditions;
and
WHEREAS, on September 17, 2002, the City Council of the City of Rosemount reviewed the
Preliminary Plat for Evermoor Roundstone;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the Preliminary Plat for Evermoor Roundstone, subject to:
1. Connecting the two stubbed private streets at the southeast corner of the development.
2. A Conservation Easement of 50 feet average depth shall be required along the southern
boundary of the development that shall prohibit site grading and removal of trees.
Furthermore, the tree preservation zone shall be protected from construction by fencing
prior to the commencement of construction.
3. Incorporation of recommendations relative to drainage, easements, grading, streets and
utilities by the City Engineer.
4. Conformance with all applicable building, fire and zoning codes including curb & gutter
along the perimeter of all private streets.
5. Conformance with requirements for final plat including execution of a subdivision
development agreement.
ADOPTED this 17 day of September, 2002, by the City Council of the City of Rosemount.
ATTEST:
Cathy Busho, Mayor
Linda Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:_
Member absent:
Seconded by: