HomeMy WebLinkAbout6.g. Bloomfield 5th Addition Final Plat and Subdivision AgreementCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: March 20, 2003
AGENDA ITEM: Bloomfield 5th Addition Final Plat and
Subdivision Development Agreement
AGENDA SECTION:
Consent
PREPARED BY: Rick Pearson, City Planner
6
AGEND � �
M
f
ATTACHMENTS: Draft Resolution, Subdivision Development
APPROVED B
Agreement, Final Plat reduction, Location map,
Engineering review memo, PC Minutes 1 -14-
03
Applicant & Property Owner: Centex Homes
Location: Bloomfield north of CSAH 42 & 145 Street, east of Auburn Ave.
Number of Lots: 54 Single Family lots
Comp. Guide Plan Desig: Urban Residential
Current Zoning: R -1, Low Density Residential
Planning Commission Action: Recommendation of Approval (5 -0)
SUMMARY
This final plat represents the next phase of single family lots in Bloomfield, east of Auburn Ave. and north of
CSAH 42. The plat consists of 54 single- family lots, which are consistent. with the requirements of the Planned
Unit Development and the Preliminary Plat. The lots have been checked for conformance with R -1, Low
Density Residential lot dimensional standards. One lot had been found to be non - conforming with the
standards, and another lot was problematic with non - parallel lot lines. Subsequently, the developer agreed to
reconfigure the lot. In addition, the plat was revised to create an outlot - for the regional storm water pond in the
southeast corner.
Final plats are the last step in the planning process, prior to infrastructure and home construction. No public
hearings are required, unless the final plat is inconsistent with the preliminary plat. If that were the case, the
preliminary plat would have to be revised or amended after a public hearing.
PLANNING COMMISSION REVIEW
The Planning Commission adopted the recommended motion with minimal comment.
RECOMMENDED ACTION:
Motion to adopt a resolution approving the final plat for Bloomfield 5th Addition.
CITY COUNCL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003-
A RESOLUTION APPROVING THE
FINAL PLAT FOR
BLOOMFIELD 5 TH ADDITION
WHEREAS, the Community Development Department of the City of Rosemount received an
application for final plat approval submitted by Centx Homes for Bloomfield 5 th Addition, as
required by ordinance, pertaining to land legally described as:
That part of Outlot B and Outlot C, BLOOMFIELD, according to the recorded plat thereof,
Dakota County, Minnesota, lying southerly and westerly of the following described line:
Beginning at the southeast corner of said Outlot B, BLOOMFIELD; thence North 00
degrees 11 minutes 14 seconds East, along the east line of said Outlot B, a distance of
424.05; thence South 89 degrees 31 minutes 28 seconds West, a distance of 27.79 feet;
thence North 65 degrees 22 minutes 34 seconds West, a distance of 306.35 feet; thence
North 46 degrees 26 minutes 02 seconds West, a distance of 226.31 feet; thence North 04
degrees 33 minutes 08 seconds East, a distance of 221.26 feet; thence North 29 degrees
32 minutes 01 seconds East, a distance of 92.38 feet; thence North 70 degrees 50 minutes
45 seconds West, a distance of 344.01 feet; thence South 56 degrees 45 minutes 18
seconds West, a distance of 90.83 feet; thence South 86 degrees 33 minutes 43 seconds
West, a distance of 120.34 feet; thence North 62 degrees 19 minutes 45 seconds West, a
distance of 160.00 feet; thence North 37 degrees 47 minutes 25 seconds West, a distance
of 240.88 feet; thence southwesterly, along a non - tangential curve, concave to the
southeast, having a central angle of 05 degrees_ 18 minutes 12 seconds, a radius of 943.13
feet, for an arc length of 87.30 feet to a northeasterly line of Outlot B, BLOOMFIELD
4 TH ADDITION, according to the recorded plat thereof, said Dakota County, Minnesota,
the chord of said curve bears South 41 degrees 23 minutes 08 seconds West, and said line
there terminating.
WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat
application for Bloomfield 5 th Addition at their regular meeting on January 14, 2003; 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 Bloomfield 5 th Addition, subject to:
1. Plat revisions as necessary to eliminate non - conforming lot dimension identified in Lot
23, Block 1 and adding lot depth to Lot 41, Block 1 (revise lot lines to be radial to the
street).
RESOLUTION 2003-
2. Execution of a subdivision agreement to secure public infrastructure including streets and
utilities.
3. Incorporation of recommendations of the City Engineer relative to drainage, easements,
grading, public streets and utilities.
4. Payment of all platting, G.I.S. , Park Dedication, applicable City Review and trunk/area
fees as specified in the current fee schedule.
5. Plantings shall be consistent with the preliminary plat landscape plan including revisions
in accordance with the conditional approval of the preliminary plat.
ADOPTED this 20 day of March, 2003, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by:
Voted in favor:
Voted against:_
Member absent:
Seconded by:
2
SUBDIVISION AGREEMENT
BLOOMFIELD 5
AGREEMENT dated day of , 2003, by and between the CITY of ROSEMOUNT, a
Minnesota municipal corporation, ( "City "), and Centex Homes, (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 Bloomfield 5` Addition, 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 irfrastracfiare 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. and other fees identified in the current fee
schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, streets
and utilities.
e. Incorporation of conservation easements for stormwater basins.
f. Deed for Outlot A transferred to the City of Rosemount.
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
Bloomfield 5"
03/13/03
Plan B -- Soil Erosion Control Plan and Schedule
Plan C -- Drainage and Storm Water Runoff Plan
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 December 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 364, 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
E.
Sidewalks /Pathways
(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.
2
Bloomfield 5m
03/13/03
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
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 Three Hundred Thousand
Dollars ($300,000) 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 ten
(10) 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 ° - to4 the City - - inp amount _of Six - Hundred � Seventy=Nine T housand
Dollars ($679,000) (`wluch is 11 0% of t h e estimated construction. costs ('$890,000) '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
3 Bloomfield 5 Addition
03/13/03
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 $194,260, which is 110% of the estimated
cost of the Developer Improvements. The amount of the security was calculated as follows:
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 - ce if the obligations Developer have not been completed-as required 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
4 Bloomfield 5 Addition
03/13/03
Cost
110%
Grading & Erosion Control
$25,000
$27,500
Pond Restoration and Erosion
Control Removal
$50,000
$55,000
Survey Monumentation
$27,000
$29,700
Landscaping
$50,000
$55,000
Retaining Walls
-0-
-0-
Street Lighting (6 lights)
$24,000
$26,400
Buffer Monumentation
$600
$660
Park Equipment/Improvements
-0-
-0-
Wetland Restoration/Mitigation
-0-
-0-
Wetland Monitoring
-0-
-0-
Total
$176,600
$194,260
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 - ce if the obligations Developer have not been completed-as required 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
4 Bloomfield 5 Addition
03/13/03
of the Developer.
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 (3 0) 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 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 48 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.
5 Bloomfield 5" Addition
03/13/03
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-
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
$202,070 shall be deposited - with the City ar the time thig i5 signed; and represent
the following estimates:
$151,300
Engineering Fees
$ 5,000
Attorney Fees
$ 44,500
5% City Fees
$ 720
Street Light Energy Cost
$ 550
Seal Coating
$202,070
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
6 Bloomfield 5"' Addition
03/13/03
bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of
nine percent (9 %) per year.
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- (paid in full with previous phases).
B. Geographic Information System (GIS) fees in the amount of $2,970.00.
C. Storm Sewer Trunk Area Charges in the amount of $50,492.50. (charge reflects a credit of
$24,000 for Pond F and Infiltration Basin 6 oversizing provided within Bloomfield 5' and
Bloomfield 6
D. Sanitary Sewer Trunk Area Charges in the amount of $26,890.50.
E. Watermain Trunk Area Charges in the amount of $104,286.00.
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
' +,,... _ + .I:... ,� +,. the + +.. +,- ..., +...
i U111J set a or Ui
w'71 L ill LJe ccng to the current ent rate sL1UeLU1e aL Llle tlllll. L11A, vu11u111g pe1i111L 10
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 $1,275).
B. Storm Sewer Connection Charges per single - family unit and per multiple family unit
(currently at $1,135).
C. Sanitary Sewer Availability Charges per SAC unit (currently at $1,090 /SAC unit).
D. Water Availability Charges per SAC unit (currently at $1,275 /SAC unit for single - family
residential and multi - family residential).
21. Building Permits No occupancy permits shall be issued until:
7 Bloomfield 5` Addition
03/13/03
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.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No 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.
Bloomfield 5 th Addition
•3!13!03
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
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.
-
- 1. The Developer - nay not assign this Agreement without the written permission of the City
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:
Centex Homes
12400 Whitewater Drive
Minnetonka, MN 55343
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 Bloomfield 5"' Addition
03/13/03
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above
written.
CITY OF ROSEMOUNT
Im
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 ,
2003, 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.
Notary Public
T TE ter. 1%4— Jr ,, c �m
1 E11G Vr 1111191`1 GJV I JA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2003 by , and
a , on behalf
of the said
Notary Public
Drafted By:
City of Rosemount
2875145th Street West
Rosemount, MN 55068
10 Bloomfield 5"' Addition
03/13/03
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.
L a n dscaping g — ^ am ° 1 . 1 . 0 tl� ^ —f h i
e co st t co ete the minimum re wired landscan;na If
Lai i A
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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% 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 Eq uipment - An amount equal to 110 �0 of the Gust of lnlprovements agreed upon to be colllpletcd -
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 Bloomfield 5 " Addition
03/13/03
ATTACHMENT ONE
(Legal Description)
12 Bloomfield 5 Addition
03/13/03
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MEMORANDUM
TO: Rick Pearson, City Planner
FROM: Andrew J. Brotzler, P.E. City Engineer
DATE: January 10, 2003
RE: Plat Review Comments
Bloomfield 5 Addition
City Project No. 364
Upon review of the plat for the above referenced project, I would offer the following comments:
1. The drainage and utility easement width for the side lot lines of Lots 22, 23, 34 and 35,
Block 1 may be reduced to the minimum required side lot line easement width.
2. The side lot line easement width for the common lot lines of Lots 19 and 20, Block 1 and
Lots 37 and 38, Block 1 shall be increased from 5 -feet to 10 -feet to accommodate the
construction of storm sewer along the lot lines.
3, The,. side lot line easement width for the common lot line.of Lots 39 and 40, Block 1 shall
be increased from 10 -feet to 20 -feet to accommodate the construction of watermain and
sanitary sewer along the lot line.
Should you have questions regarding these comments, please do not hesitate to contact me.
Planning Commission
Regular Meeting Minutes
January 14, 2003
Page 4
New Business: Bloomfield 5 Addition Final Plat
This final plat is the next phase of 54 single family lots in Bloomfield, east of Auburn Avenue
north of CSAH 42. The lots are consistent with the requirements of the Planned Unit
Development and Preliminary Plat. They are in conformance with the R -1 Low Density
Residential lot dimension standard with the exception of Lot 23, Block 1 which only has a scaled
lot dimension of 122 feet. The requirement is 125 feet for lot depth on street side. This problem
can be fixed by adjusting the next lot along Atwater Way. Some of the lots are deeper due to
stormwater ponding. The side lot line between Lots 41 and 42 also need to be adjusted so that
the lot depth for Lot 41 meets the requirement.
MOTION by Anderson to recommend that the City Council approve the final plat for
Bloomfield 5 Addition subject to:
1. Plat revisions as necessary to eliminate the non - conforming lot dimension identified in
Lot 23, Block 1, and adding lot depth to Lot 41, Block 1 (revise lot lines to be radial to
the street).
2. Execution of a subdivision agreement to secure public infrastructure including streets and
utilities.
3. Incorporation of recommendations of the City Engineer relative to drainage, easements,
grading, public streets and utilities.
4. Payment of all platting, G.I.S., Park Dedication, applicable City Review and trunk/area
fees as specified in the current fee schedule.
5. Plantings shall be consistent with the preliminary plat landscape plan including revisions
in accordance with the conditional approval of the preliminary plat.
Second by Messner. Ayes: Napper ,Weisensel, Messner, Schiltz, Anderson
ni�ector's Report: City Planner Pearson e' e Commission to think _3a ut possibly
chanNIg the start times of meetings. action is ne ssary right now b e wanted the
Commiss' to think about it in se it comes up.
Chairperson Weise anked Vice - Chairperson Anderso or epping in and covering the
meetings while was g Be.
There 'ng no further business to co re efore t 's Commission, upon M�Qn by Weisensel,
a pon unanimous decision, the meeting w adjourned at 7:40 p.m.
Respectfully Submitted,
Chantel Nelson
Recording Secretary