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HomeMy WebLinkAbout6.h. Biscayne Point 3rd Addition Final PlatCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: March 21, 2000 AGENDA ITEM: Biscayne Pointe 3rd Addition Final Plat AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGEND #6—H, ATTACHMENTS: Draft Resolution; Final Plat, Subdivision APPROVED BY: Agreement; Approved Preliminary Plat; PC (1- 25 -00) Minutes Applicant & Property Owner(s): Location: Area in Acres: Number of Lots: Overall Density: Comp. Guide Plan Desig: Current Zoning: Planning Comm. Action: Heritage Development East of Biscayne Ave., north of Union Pacific Railroad tracks 18.23 48 2.6 dwelling units per acre Urban Residential R -1, Low Density Residential Recommendation of approval (3 -0) SUMMARY This final plat was reviewed by the Planning Commission on Jan. 25 and Feb. 22, 2000. The original version of the plat had problems with the northerly street location/alignment, and had four lot variances. This project has always been presented as a "variance -free" development. Therefore, the developer was required to make the changes necessary to eliminate the variances and align the northerly street connection (Birchwood Avenue) with the common boundary line separating the two properties to the north. The required changes have been made and the developer has signed the subdivision agreement (attached). RECOMMENDED ACTION: Motion to adopt a resolution approving the final plat for Biscayne Pointe Third Addition. CITY COUNCIL ACTION: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000- A RESOLUTION APPROVING THE FINAL PLAT FOR BISCAYNE POINTE THIRD ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application for final plat approval submitted by Heritage Development of MN, Inc. as required by ordinance for the purpose of a residential development on land legally described as: Outlot A, Biscayne Pointe Second Addition, according to the recorded plat thereof, Dakota County, Minnesota. WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat application for Biscayne Pointe Third Addition at their regular meeting on February 22, 2000; 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; and, WHEREAS, the City Council of the City of Rosemount reviewed the final plat application as required by the Subdivision Ordinance on March 21, 2000. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the final plat for Biscayne Pointe Third Addition subject to conformance with the conditions of Resolution 1997 -52. ADOPTED this 21st day of March, 2000, by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda J. Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: 0 BISCAYNE POINTE THIRD ADDITION II NE LM. 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VICINITY MAP c n T w 1WI N°I+M Z O M wRTHem o,rwW a auwovNrw•m•.. P moll °b . .. E' NGINEEAING C OMMINW, INC. SHEET 2 OF 2 SH SUBDIVISION AGREEMENT 0 1 3 1 3 P Biscayne Pointe Third Addition AGREEMENT dated day of , 2000, by and between the CITY of ROSEMOUNT, a Minnesota municipal corporation, ( "City "), and Heritage Development of Minnesota, Inc. a Minnesota Corporation, (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 Biscayne Pointe Third 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: 1. Incorporation of recommendations relative to grading, utilities and easements identified by the Public Works Department 2. Incorporation of recommendations relative to the Parks and Recreation Committee for park dedication, sidewalks and trail linkages; 3. Conformance with the subdivision ordinance requirements for final plat approval including execution of a development agreement to secure the public improvements, landscaping and potential future phasing considerations. 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. With the exception of Plan A, 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 Plan D -- Plans and Specifications for Public Improvements 03 /01 /00 Plan E - Grading Plan & House Pad Evaluations Plan F Street Lights 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. Landscaping F. Site Grading 7. Time of Performance The Developer shall install all required improvements enumerated in Paragraph 6, which will serve the subject property, by July 31, 2001. 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 Improvements The following improvements, known as City Project #313, shall be designed and installed in the subject property by the City: A. Sanitary Sewer B. Water C. Storm Sewer D. Streets E Sidewalks Developer hereby petitions the City for the construction of such public improvements pursuant to and in accordance with the terms of the Petition and Waiver Agreement, attached hereto as Attachment Two, and hereby made a part hereof. 9. Assessment of Costs The City shall assess the cost of the public improvements referred to in Paragraph 8 together with administrative, planning, engineering, capitalized interest, legal and bonding costs against the subject property. By executing this Agreement, the Developer agrees to pay the assessments and other costs specified in this paragraph. The Developer shall take such action as is necessary to remove any of the subject property from "green acres" status or any other status which would prevent or delay the collection of special assessments levied against the subject property for the public improvements prior to the construction of public improvements. 10. Securily. To guarantee compliance with the terms of this Agreement, payment of the costs of all public improvements and construction of all public improvements, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for $37,400, which is 110% of the estimated cost of the developer installed improvements. The amount of the security was calculated as follows: 2 03/01/00 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 for a term ending September 1, 2002. In the alternative, the letter of credit may be for a one (1) year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of September 1, 2002, unless sixty (60) days prior to an expiration date the bank notifies the City that it elects not to renew for an additional period. 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 upon receiving notice that the letter of credit will be allowed to lapse before September 1, 2002 or 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 The Developer shall submit to the City a site grading and drainage plan for the subject property acceptable to the City showing the grades and drainage for each lot prior to installation of the improvements. Site grading shall be completed by the Developer at its cost and approved by the City Public Works Director prior to the awarding of the contract by the City for 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 after site grading, with street and lot grades, prior to the awarding of the contract of installation of utilities. 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. 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 improvements by the City. 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 othenuise 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. 3 03/01/00 COST 110% Grading NA -0- Survey Monuments $5,000 5,500 Landscaping $14,000 15,400 $15,000 16,500 Street Li hts $34 37,400 TOTAL 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 for a term ending September 1, 2002. In the alternative, the letter of credit may be for a one (1) year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates with a final expiration date of September 1, 2002, unless sixty (60) days prior to an expiration date the bank notifies the City that it elects not to renew for an additional period. 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 upon receiving notice that the letter of credit will be allowed to lapse before September 1, 2002 or 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 The Developer shall submit to the City a site grading and drainage plan for the subject property acceptable to the City showing the grades and drainage for each lot prior to installation of the improvements. Site grading shall be completed by the Developer at its cost and approved by the City Public Works Director prior to the awarding of the contract by the City for 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 after site grading, with street and lot grades, prior to the awarding of the contract of installation of utilities. 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. 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 improvements by the City. 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 othenuise 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. 3 03/01/00 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 Prior to the City allowing occupancy, the Developer shall plant one (1) two -inch caliper deciduous tree on each street frontage of each lot and the Developer shall also sod the boulevards, all at its own cost. Furthermore, screening plantings are required along Biscayne Avenue. Plantings will consist of 6' BB Colorado Spruce planted on 15' centers or equivalent 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. 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. 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 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 enforcement of this Agreement, including engineering and attorney's fees. 4 03 /01/00 D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement This is a personal obligation of the Developer, and shall continue in full force and effect even if the Developer sells one or more lots, the entire subject property, or any part of it E. 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. F. The Developer shall pay all energy costs for streetlights installed within the subject property until seventy -five percent (75 %) of the lots are occupied. After that, the City will assume the energy costs. 19. Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or at the time of, execution of the plat by the City: A Park dedication fees in the amount of $48,000. B. Geographic Information System (GIS) fees in the amount of $2,400. ($50 per lot x 48 lots) C. Storm Sewer Trunk Area Charges were paid with Biscayne Pointe 2nd Addition. D. Provide cash payment of $10,000 for the future cost to remove two temporary cul -de -sacs. 20. Developer agrees to pay at the time of issuance of building permits for the subject property the fees, charges and assessments in effect at the time of issuance. The fees, charges, and assessments in effect as of this agreement are:: A. Metropolitan Council Environmental Services Availability Charges in the amount of $1,100 per SAC unit B. Storm Sewer Connection Charges in the amount of $850 per unit C. Sanitary Sewer Availability Charges in the amount of $1,400 per SAC unit D. Water Availability Charges in the amount of $2,200 per SAC u nit 21. Building Permits No building 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. D. 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Ism aye ti►ai 'sa!powei gay}o sj! 01 uog!ppe u! Mew 14!0 ayj'3ponn yons Aue saop 4!0 ayj uegM •puel ay} gajus of uo!ssiwiad gol gapgo:pnoo a �aas of /4!0 aye jol Agessooeu aq jou !ieys j! pue Joe of /4!0 ayp gol asuao!l a si juawaoft s!yl •aouenpe w s g noy gV ueyj ssai jou `}!nelap ui lions eqj jo aogou uan!6 }sig si gado!anaa ay} pop!nogd `I4!0 ay} Aq paunow esuedxa Aue gol 40 ay} asgngw!ag Agdwogd !ieys aadoianaa eqj pue)ponn aye waojjad `uogdo sj! le Mew 40 9t4'j9punaga4 p Aq pawjojgad aq o} lions eqj jo Aue of se gado!anaa atg Aq l!ne}ap 10 Juana ayA u! •Mneloa s, aci olwa 'zz •gopoi!a sjgoM o!fgnd 40 ayj Aq Wpm ui pazuoylne esln ump ssa!un A4!0 ayj Aq panoidde pue ui age g pue g ydeg6eged ui 01 pamajai saq!!gn pue sj994s oggnd ay} !gun ponss! aq !ieys spied Aouedn000 ON •s}uaft go uawieua#ew 'sgoloe.4uoogns `sioloe quoo 'saaAo!dwo q 'gadolanao 9y4 Aq posneo `s}uawanogdw! oggnd jo uogon.gsuoo ay} u! '40 ay4 Aq paggnow `sAe!ap go 96ewep gol s}soo pue f}!!!geg Ile sawnsse `}uawao16V sp 6upoexe w `gado!anaa ayl -Aouednodo pue uogon.gsuoo awoy a}enud qpm a!ggedwoo si sjuawanogdwi oggnd jo uogon.gsuoo gol 9!gej9w4 ayj IM pagggao set' g0139g!a sxgoM o!!gnd , 4!a ayl 3 impact statement is not required. If the City or another governmental agency determines that such a review is needed, however, the Developer shall prepare it in compliance with legal requirements so issued from the agency. The Developer shall reimburse the City for all expenses, including staff time and attorney's fees that the City incurs in assisting in the preparation of the review. H. 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. I. 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 existing 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. J. 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: Heritage Development of Minnesota, Inc., 450 East County Road D, St Paul, MN 55117. 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, 2875145th Street West, Rosemount, MN 55068. 7 03/01/00 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROS UNT BY: � /" 0&"� - Cathy Busho, or k " 0 1 j V 7 00 O BY: Linda Jentink, Ci lerk HERITAGE DEVE OPMENT OF MINNESOTA, INC. homas Von BischeiVice President STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me thiAi day of 180tk, 2000, by n Ci of the Ci of Rosemount, a esota municipal corporation, Cathy Busho, Mayor, and Linda Je ti 'nk City Clerk ty on behalf of the corporation and purkEffit to the_authority granted by its City Council. CINDY DORNIDEN NOTARY PUBLIC- MINNESOTA MY Comadssioa Expires Jan. 31,2W STATE OF MINNESOTA )SS COUNTY OF DAKOTA ) T e fo going instrument acknowledged befog me this day of ►wC� , 2 Q, by <~ a� � t ' Ace- rcs I d.2� , � CP �c-kL �1 t/tl�mQrcf� , Li'L ok , a V eSQtzL , on behalf of id Cam' 'X Notary Public Drafted By: City of Rosemount 2875145th Street West Rosemount, MN 55068 DIANNE G. QUINNELL NOTARY PUBLIC- MINNESOTA Yr CommWsion Expim Jw S1, • 8 03/01/00 ATTACHMENT ONE (Legal Description) Outlot A, Biscayne Pointe 2^d Addition as shown below: BISCAYNE 'POINTE. THIRD ADDITION • � �� u°arois is Is �a 11 2 24 i II s1 —� n , 2 t4 '1Ny 601 r.,,'r.Cj • r•4 +.1,_i ` ta��� 4 � i 4 M 4C z 7 ►° new ` T % m . tsar .sw ss a '► y c _ 1 .. S C 0 N D Sri PUS � SELMOtiT TRAIL \ \ a �nr • as As ate" a '$a _ .. CWITY NAP } s s 1 a,w 1 V ., •. ` \ ` TOM 1 N K . I C \ t - OMIII YWQ _ m • •AYM1fM0.fR� - - a..+car •own�1 'nKe.rw1 1a1s rr •�� .eye rr.s.>wrw�e. b08E �ENGWEERI _ COM P ttev, INC. 9 02/16/00 C Ica 2W 3W p t , veI 11 - N ate ; ATTACHMENT TWO Petition and Waiver Agreement This Agreement made this day of , 2000 by and between the City of Rosemount, a Minnesota Municipal corporation ( "City "), and Heritage Development of Minnesota, Inc., a Minnesota Corporation ( "Owner "). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property ") located in the City the legal description of which is set forth on Attachment One, attached hereto and hereby made a part hereof; and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property as described in Exhibit A, The Feasibility Report entitled Biscayne Pointe Third Addition Street and Utility Improvements, City Project No. 313, attached hereto and hereby made a part hereof (hereinafter referred to as the "improvement Project "); and WHEREAS, the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy 100 percent of the cost as described in Exhibit A of the Improvement Project against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and with out such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance all of the costs of the Improvement Project; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit of, the Owner. 10 03/01/00 NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND AGREEMENT HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit B. 3. The Owner requests 100 percent of the cost of the Improvement Project be assessed against the Subject Property. The Owner understands and agrees that the current estimated cost of the Improvement Project is $744,000, but that the cost of the improvement Project will be determined in accordance with Minn Stat, Chapter 429 and standard city practices and that such cost may be as much as $800,000. The Owner further understands and agrees that the City does not waive any rights to levy special assessments against the Subject Property in an amount in excess of $800,000 in the event actual project costs which may lawfully be assessed pursuant to Minn Stat., Chapter 429, exceed said amount. 4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project Pursuant to Minn Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefor without hearings. 5. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat Section 429.081 or reapportionment thereof upon land division pursuant to Minn. Stat Section 429.071, Subd. 3, or otherwise, and further specifically agrees with respect tot such special assessments against the Subject Property or reapportionment that a. Any requirements of Minn. Stat, Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to $800,000, and that such increase in fair market value is a special benefit to the Subject Property; c. Assessment if 100 percent of the cost of the improvement Project against the Subject Property is reasonable, fair and equitable and there are no other properties against which such cost should be assessed; and d. The Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn. Stat, Section 429.071, Subd. 3. 6. The Owner understands and agrees that the City may provide for the payment of such special assessments in installments bearing such interest as may be determined by the city council. However, the decision regarding the period of time over which the special assessments may be paid and the interest rate to be applied is in the absolute and sole discretion of the city council, subject only to limitations imposed by law. 11 03 /01/00 7. Owner represents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Dakota County, Minnesota; and they agree to make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY • •' • • _; oeh • • STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA HERITAGE DEVELOPMENT OF INNESOTA, INC By �` omas Von Bische, Vice Preside-fit _ The foregoing instrument was acknowledged before me this 10 (& day of 2000, by Cathy Busho and Linda Jentink, the Mayor and City Clerk, respectively, of the City of Rosemount, Minnesota, a municipal corporation under the laws of the S� nesota, on behalf of the City. STATE OF MINNESOTA ) )SS. COUNTY OF DAKOTA ) t�- The foregoing instrument was w knowledged before me this ? day of �� - 2000, b 5 G'► , the Utcei'rGS�c. l - a . fiery, of +1a��l yh�►taesot► a �.a►�. - , on behalf of the bra -hcr -, DIANNE G. QUINNi31 - -r• NOTARY PUBLIC -� _ Yy Conudaioa !�lIK 12 03/01/00 I 7 n z a lc s C ZZ ^ n V• S 31 5101 r PPiw oiiw+ M qi tYrl R . BETAIRLE AVEM _ r w EE O \ \ y e S. O 1 Ac P � � r \ 4 s arece a �- a P Vb p p 0 1 / i� r E1 E7 5 r ------------- _- -- -- - - -- -- 989 M !!'t! 1 2 r 5 Z r Ee� R 7#0M Planning Commission Regular Meeting Minutes February 22, 2000 Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was duly held on Tuesday, February 22, 2000. Chairperson Bill Droste called the meeting to order at 6:35 p.m. with members Jay Tentinger and Kim Shoe - Corrigan present. Commissioner Jeffery Weisensel was absent. Also in attendance was City Planner Rick Pearson. There were no additions or corrections to the agenda. MOTION by Tentinger to approve the February 8, 2000 Regular Planning Commission Meeting Minutes. Seconded by Shoe - Corrigan. Ayes: Tentinger, Droste and Shoe Corrigan. Nays: 0. Motion carried. Department Announcements Commissioners discussed matters addressed by the City Council on February 15, 2000. Old Business: Biscayne Pointe Third Addition Final Plat Mr. Pearson presented the final plat for the final phase of Biscayne Pointe, consisting of 48 lots. Staff recommends adjustments to the plat, which would eliminate the four variances and shift the northerly street connection to the west to align the centerline with the northerly property line. MOTION by Droste to recommend that the City Council approve the final plat for Biscayne Pointe Third Addition subject to: 1) Plat revisions to eliminate the four identified variances; 2) Shifting the alignment of Birchwood Avenue approximately 20 feet west; 3) Incorporation of engineering recommendations relative to easements, grading and public infrastructure including: a) 30' drainage and utility easement between Lots 7 and 8, Block l; Lots 6 and 7, Block 2 (storm sewer); b) 30'drainage and utility easement along northern boundary for surface drainage; c) 30' drainage and utility easement between Lots 14 and 15, Block 2 (water main); 4) Execution of a subdivision agreement to secure public improvements, infrastructure, landscaping and park dedication. Seconded by Tentinger. Ayes: Droste, Shoe - Corrigan and Tentinger. Nays: 0. Motion carried.