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HomeMy WebLinkAbout6.g. Revised Resolution for Evermoor PUD Amendment (Driveway Turn-A-Rounds)e CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: March 6, 2001 AGENDA ITEM: Revised Resolution for Evermoor PUD AGENDA SECTION: Amendment for driveway turn - arounds Consent PREPARED BY: Rick Pearson, City Planner AGENDr .. *6 - G ATTACHMENTS: Draft Resolution and Encroachment Agreement APPROVED BY: SUMMARY Staff has been working with City Attorney LeFevere to implement the PUD Amendment for Evermoor that resolved the driveway turn - around (hammerhead) requirement. Because most of the lots affected were sold to builders, it was deemed impractical to revise the PUD agreement and include them as additional signatories of the agreement. Instead, an ordinance has been advanced (second reading is on tonight's agenda) that requires hammerheads on collector streets and also resolves the corner lot driveways. This works because none of the driveways have been built yet. Therefore, the ordinance binds all owners, including those who have purchased lots from the developer and have commenced construction. Pre - existing situations are exempt. An encroachment agreement will be executed for those owners that the Council allowed to encroach to within two feet of the side lot line. RECOMMENDED ACTION: Motion to adopt a resolution approving the administrative minor amendment to the planned unit development for Evermoor; and, Motion to authorize the execution of easement encroachement agreements as needed for lots along Evermoor Parkway. CITY COUNCIL ACTION: N CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001- A RESOLUTION APPROVING THE ADMINISTRATIVE MINOR AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR EVERMOOR WHEREAS, the Planning Department of the City of Rosemount received an application from Contractor Property Developers Co. for approval of a minor amendment to the Planned Unit Development for Evermoor; and WHEREAS, on January 2, 2001, the City Council of the City of Rosemount reviewed the application for a minor amendment to the Planned Unit Development for Evermoor; and WHEREAS, on January 2, 2001, the Council adopted Resolution No. 2001 -03, approving such amendment on certain conditions; and WHEREAS, the Council has determined that the approval of the amendment is more appropriately subject to the conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the following minor amendment of the Planned Unit Development for Evermoor: 1. Resolution 2001 -03 is rescinded. 2. Driveways with required paved hammerhead or turn around areas for access to Evermoor Parkway on Lots 1, 2 and 4, Block 9; Lots 12 and 13, Block 8; and Lots 6, 7 and 8, Block 10, Evermoor may be constructed to within two feet of side lot lines provided that no driveways shall be constructed over drainage and utility easements until the owner of the affected parcel shall execute and deliver to the City a duly executed encroachment agreement, in a recordable form approved by the City. 3. A driveway with a required paved hammerhead or turnaround area for access to Evermoor Parkway on Lot 9, Block 10, Evermoor may be constructed to within two feet of side lot lines. 4. Except as provided above, driveways with access to Evermoor Parkway shall conform to five (5) foot setback requirements. Resolution 2001- ADOPTED this 6" day of March, 2001, by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by:_ Voted in favor: Seconded by: Voted against: _ Member absent: r It EASEMENT ENCROACIIMENT AGREEMENT THIS AGREEMENT dated this day of by and between the City of Rosemount, a Minnesota municipal corporation (hereinafter "City ") and , a (hereinafter "Landowner "). WITNESSETH: WHEREAS, Landowner is the owner of certain real property in the City of Rosemount legally described as Lot , Block , according to the recorded plat thereof on file with the Dakota County Recorder (hereinafter the "Subject Property"); and WHEREAS, the Subject Property is subject to drainage and utility easements five feet in width along each of the side lot lines of the Subject Property; and WHEREAS the City has adopted an ordinance requiring that properties having access to Evermoor Parkway, including the Subject Property, be provided with and maintain a driveway that has a paved turn-out or turn- around area that is so designed and located as to allow the safe and convenient turning of vehicles on the lot so that cars may avoid backing into Evermoor Parkway; and WHEREAS, Landowner has requested an amendment to the planned unit development plan governing use of the Subject Property, granting permission to construct a portion of the driveway of the Subject Property over said drainage and utility easements; and WHEREAS, the City has approved such amendment to the planned unit development plan and granted such permission on the condition that Landowner execute this Encroachment Agreement; NOW THEREFORE on the basis of the premises and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. Landowner may construct a driveway over the side lot line drainage and utility easement provided it is no closer than two feet to the side lot line. 2. This agreement shall not prevent or impair the use of the easement area for drainage and utility purposes by the City or any other entity entitled by law to so use the easement. 3. By constructing the driveway over the easement area Landowner assumes the risk of all costs and damages to the driveway resulting from use of the easement area by lawfully authorized entities for drainage and utility purposes. Damages to the driveway area resulting from such authorized activities shall be borne and assumed by Landowner who shall be responsible for repair and replacement of the driveway. Landowner waives all claims against and covenants not to CLL- 193889v1 RS220 -47 r i sue such lawfully authorized entities, their officers, agents and employees for damages to the driveway arising out of use of the easement area for drainage and utility purposes. 4. This Encroachment Agreement shall run with the land of the Subject Property and shall bind the Landowner and the Landowner's heirs, successors and assigns. IN WITNESS WHEREOF, the undersigned have hereunto set their hands as of the day and year first above written. CITY OF ROSEMOUNT STATE OF N NESOTA ) )SS. COUNTY OF DAKOTA ) By Its Mayor And Its Clerk The foregoing instrument was acknowledged before me this day of 2001, by Cathy Busho and Linda Jentink, the Mayor and Clerk, respectively, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the municipal corporation. CLL- 193889v1 2 RS220 -47 0 LANDOWNERS STATE OF MINNESOTA ) )SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2001, by This document drafted by: Kennedy & Graven, Chartered (CLL) 470 Pillsbury Center 200 South 6' Street Minneapolis, MN 55402 CLL- 193889v1 RS220 -47 3