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Home My WebLink About9.c. Hawkins Pond Final Plat ^ CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: April 1, 1997 AGENDA ITEM: Hawkins Pond Final Plat AGENDA SECTION: Old Business PREPARED BY: Rick Pearson, City Planner AGENDA NO.'T � ATTACHMENTS: Final Plat, PC minutes (2-25-97), Resolution APPROVED BY: 97-8; Draft Ordinance (Rezoning), Draft Subdivision Develo ment A reement � Applicant: Basic Builders, Inc. Location: 36 combined acres east of First Baptist Church of Rosemount, west of Shannon Parkway(and Shannon Meadows) and north of 14Sth Street West Property Owner(s): John Hawkins and The First Baptist Church of Rosemount Area in Acres: 36.82 � Number of Lots: 69 total Overall Density: 1.85 dwelling units per acre (including pond) Current Zoning: Agriculture Requested Zoning: R-1, Single Family Detached Residential (Rezoning tabled by Council 1-2 T-97). Planning Commission Recommendation: Unanimous Approval -2-25-97 SUMMARY The Planning Department has received a final plat for the 691ot Hawkins Pond residential development. The final plat as submitted has been modified from the preliminary plat to eliminate all variances as required by the conditional approval of the preliminary plat. The entire plat will be constructed in one phase, given the absence of outlots. A preliminary tree preservation plan shows that less than 25% of the significant trees will be impacted: Additional detail will be required to verify this assumption, however. In summary, the final plat for Hawkins Pond is consistent with the conditionally approved preliminary plat except where it has been modified to eliminate variances as required. On February 25, 1997, the Planning Commission reviewed the final plat. Questions regarding lot dimensions were answered and one commissioner expressed dissatisfaction with the previously granted lot width variances: Other questions included property tax valuation of lots with portions of the pond and tree preservation detail. Ultimately, the Commission adopted a motion to recommend approval of the final plat. Previously, on January 14, 1997, the Planning Commission conducted a public hearing which resultred in a recommendation of approval of the Comprehensive Guide Plan Amendment, Revised Preliminary Plat and Rezoning. The rezoning ordinance is attached with the new legal description resulting from the approved final plat. RECOIVIMENDED ACTION: Motion to adopt a resolution approving the final plat for Hawkins Pond II with conditions; and, �', Motion to adopt an ordinance rezoning Hawkins pond to R-1, Single ! Famil Residential Detached. ' CITY COUNCIL ACTION: N � WK 1 I�1 � � UI� U - ��' iJ � -� ��• 1 � �I '" 1:; � � 1 � 1 , . •1 ' . . 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I . . ��- Z� I� �I I. � �� ,}r wi -I ' I I � �`'�bi.Ud� � �o.._ . _._.� _ i� � ... __ ...!�. _ _ .i� I� . . __ _..._ _. _ _ _ _ ._ N _ '_ '" _ ... ._ . . .. . . _ -..m��..,,�, �..,,:3,� ...;;. . ,, ;... , ... �, m ,�a�145TH STREETWEST � ,,, .. - � � m .�.�92.42 � .... •. . ' _" ".' ." '.._' '.__ _ _.._ ... _ ... � �0>!4B' 'IR9'S770'E �. . .... .... . .. .. . � ' ' , ' .. . . .._.. . . ..- --. . _- --- - . ! 3 .6 . ' - �zissn •..,� :ra� • . S B9'53'30' M - � . �, / se,�in u•�c� s�i:rr o . .,� , ' �-; � � �;�.r: m -..��.. ` �� .�„� , . . `.:!.. Irb 4f 5 1/2 0!t1N 1��SfC. 30-I11511-HI9M• . .. . .. , .. . . . . . . . . . . . � ... . _ . . .. _ SM G,HrICH OF InC[<SI p`R9'(C[�. 145TH STREET WEST �r T„c s�n r��..�a PLANNING COMMISSION ANNUAL MEETING February 25, 1997 Page Five was also discussion as to whether a sign should be in close proximity to the building or to`t�ie curb side of the sidewalk. It was clarified that this ordi.nance would apply only to the CA District (downtown area). �,,�'r .� � Community�evelopment Director Rogness explained the propo�'ed ordinance is a test case. Presently;'advertising signs that are located on City�gfits-of-way are considered illegal. ,'� , r'" '� ,�' Chair Droste opened the floo�to public and ComAussion discussion. �� J�� ,�- There were no comments from the a�dience:r ��` The Comnnission expressed concer�rs regar�g the number of signs pemutted at a location, the type of sign messag�s, spacing bet�veen the signs, liability issues, quality of the signs, and passable s�pa`ce between the signs. / Chair Droste sugges ci�the matter be tabled and continued �th,.e next Planning Commission mee ' g. The Commission directed City Staff to ob� ain the views of local business owne who may be affected by this ordinance. M4TI by DeBettignies to continue the public hearing on the Sidew Sign Or ' ce until March 11, 1997. Second by Weisensel. Ayes: Droste, Shoe- C �gan, Weisensel, DeBettignies, and Tentinger. Nays: 0. New Business: Hawkins Pond City Planner Pearson presented for Planning Commission review and approval the final plat for the 69-lot Hawkins Pond residential development. ', Commission members discussed concems regarding lot minimum width requirement, !, the taxability of unusable portions of certain lots, and tree preservation. City Planner ' Pearson indicated to the Comm.ission that tree preservation is recognized by the developer; however, it appears that less than 25 percent of the existing trees will be remaved. � > . � . � � i � � PLANNING COMMISSION t ANNUAL MEETING February 25, 1997 Page Six Commissioner Shoe-Comgan emphasized her concern regarding the failure of Lots 16- 19 in Block 3 to meet lot width standards and advised that she does not support the variance which was granted. MOTION by Droste to approve the final plat for Hawkins Pond, subject to 1) conformance with the applicable specified conditions of Resolution 1997-8; 2) execution of a development agreement to secure public infrastcucture; and 3) payment of$62,100 in park dedication fees. Secoad by Tentinger. Ayes: Droste, DeBettignies, Tentinger, Shoe-Corrigan, and Weisensel. Nays: 0. Pro�osed Planning Department Goals and Objectives for 1997 ' City Pl er Pearson outlined the Planning and Zoning goals for the City of_='� � '' Rosemount ' 1997. The application to the Met Council for expanded current MUSA that will desi�e a new 1997-2005 and 2005-2010 MUSA has been�completed. �, Revisions to the Subdivision Ordi.nance are in the final stages. Improvements to the �� Zoning Ordinance are �a eontinuous project. � ��•�" f �I� .,, ,:- ,� � , A discussion took place regardin�g future projects an,d�planning issues. Commissioner Droste requested City StafF to obtain additional i�formation regarding the MII�TS facility project and how it may affect�tYie,�ainics of the City. � .,, Announcements by Maxor Cathy Busho ��`� t�,f, , Mayor Cathy Busho advised the�Planning Commis��on that Governor Carlson will be visiting the Rosemount Community Center on Tuesday;��lVlarch 1 l, from 11:30 - 1:00. Governor Carlson will :speak on education issues. Tickets�_for this event are $12.00. � Also, Representative Osment will be giving a seminar on TIF�on March 12 at 6:00 p.m. at City Hall,-'� �' - ��:. ; MOTION by Droste to adjourn. Second by DeBettinger. There being no further business to come before this Commission and upon unanimous decision, this.meeting was adjourned at 9:30 p.m, Respectfully Submitted, Dianne Quinnell, Recording Secretary CITY OF ROSEMOUNT � DAKOTA COUNTY, MINNESOTA RESOLUTION 1997- A RESOLUTION APPROVING THE FINAL PLAT FOR HAWKINS POND WHEREAS,the Planning Department of the City of Rosemount received an application for final plat approval submitted by Basic Builders, Inc. as required by ordinance for the purpose of Single family detached residential development on land legally described as: Part of the South 'h of the Northwest 1/4 of Section 30, Township 115 North, Range 19 West, Dakota County, Minnesota WHEREAS,the Planning Commission of the City of Rosemount reviewed the final plat application for Hawkins Pond at their annual meeting on February 25, 1997; 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 April 1, 1997. NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby approves the final plat for Hawkins Pond subject to: 1. Conformance with the applicable specified conditions of Resolution 199'7-8; 2. Execution of a subdivision agreement to secure public infrastructure; and, 3. Payment of$62,100 in park dedication fees ADOPTED this 1 st day of April, 1997 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: Member absent: ' � R�� . . 3_ T Subdivision Development Agreement Z 7•97 i Hawkins Pond AGREEMENT dated day of , 1997, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and ' BASIC BUILDERS, I1vC., a Minnesota corporation, (the "Developer"). ', 1. Rec�uest for Plat A�groval. The Developer has aslced the City to approve a plat of I land to be lcnown as Hawlcins Pond (also referred to in this contract as the "plat"). '�, 2. P.U.D. A��roval and Preliminarv Plat A�.proval. The City has approved the Hawlcins Pond Concept Planned Unit Development by Resolution I99b-28, dated April 16, 1996; and the Hawkins Pond revised preliminary plat by resolution 1997- 8, dated January 21, 1997. 3. Conditions of Plat A��roval. The City hereby approves the plat on condition (1) Incorporation of recommendations relative to easements, grading, streets and utilities identified by the Public Worlcs Department. (2) Elimination of all lot dimensional variances not previously gra.nted. (3) Compliance with requirements for final plat as specified in the subdivision ordinance. (4) Paxlc dedication in the form of cash contribution in the amount specified by the fee schedule adopted at the time of final plat approval which is estimated at this time to be $62,100. (5) Sidewallcs installed along the south side of 143rd Street west and the west side of Da�enport Avenue. (6) Provision of a boulevard tree planting plan in accordance with the requirements of Section 8.3 of Ordinance B, the Zoning Ordinance. (7) Compliance with the tree preservation ordinance (B-77, adopted December 3, I996). (8) Provision of driveway "turn arounds" for all driveways connecting to 145th Street West. (9) Developer must make payment to the City for the following at the time of final plat: a. 1997 Storm Water Trunlc Area Charges of $2,000 per acre which is estimated at this time as 28.8 acres x $2,000 = $57,600; b. I997 GIS fees of $50 per lot/unit which is estimated at this time as 69 lots x $50 per lot/unit _ $3,450.; and, (10) Execution of this subdivision agreement. 4. Phased Develo�ment. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Terms in this Development Contract and Development Contracts for subsequent phases shall be consistent with the Hawlcins Pond Planned Unit Development. ShanHil6 04/i 9/94 5. Effect of Subdivision Approval. For two (2) years from the date of this Contract, 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 Contract to the contrary, ' to the full extent permitted by sta.te 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 da.te of this Contract. 6. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in this plat. If the plans vary£rom the written terms of this Contract, 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 (including grading plan) Plan E -- Street Lights (provided by Dakota Electric and approved by the City) 7. Installation b,y 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 8. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 7 which will serve the Plat by September 1, 1998. The Developer may, however, request an extension of time to 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. 9. Public Improvements. The following improvernents, known as City Project #275, shall be designed and installed in the plat by the City: A. Grading B. Sanitary Sewer C. Water D. Storm Sewer ShanHil6 04/19/94 E. Streets I F. Sidewalks Public improvements to be installed by the City shall be substantially completed by September 1997. � 10. Assessment of Costs. The City shall assess the cost of the public improvements re£erred to in Paragraph 9 together with administrative, planning, engineering, capitalized interest, legal and bonding costs against the plat. By executing this Agreement, the Developer agrees to pay the assessments and other costs specified in this paragraph. The assessments shall be paid over a ten-year period without deferment, together with interest at a rate set by the City. Before the City issues a Certificate of Occupancy for a structure built on a lot, all outstanding assessments against the lot must be paid in full (including principal and interest, if applicable). An assessment shall be considered paid in full if the direct payment is made to the City or if the Developer pays into escrow an amount sufficient to pay the principal and any accrued interest to the date of the escrow payment. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. §429.081. 11. Securi . 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 $354,800. The amount of the letter of credit was calculated as follows: 1. The following figures are calculated to be twenty five percent (25%) of the estimated cost of City installed public improvements. Grading, Sanitazy Sewer, Sanitary Sewer Services, Water Main, Water Services, Storm Drain, Street, and Sidewalk TOTAL: $1,240,000 x 25% _ $310,000 2. One hundred percent (100%) of the estimated cost of Developer installed improvements. ShanFIi16 04/19/94 100% Surve Monuments 13,800 Landsca in 15,000 Street Li hts 16,000 TOTAL 44,800.00 Total Amount of Letter of Credit 354,800 The bank and form of the letter of credit shall be subject to the approval o£the City Administrator. The letter of credit shall be for a term ending December 31, 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 December 31, 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 Contract and all financial 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 aredit will be allowed to lapse before December 31, 2002. In the event of a default under this Development Contract by the Developer, the City shall furnish the Developer with written notice by certified mail of Developers default(s) under the terms of this Development Contract. 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 public improvements are completed to City's requirements. 12. Grading Plan/Site Grading. The Developer submitted a site grading plan prepared by Del Schwanz, L.S. Subsequently, the developer requested that the gradi.ng be completed by the City as part of the public improvements. The City's consulting engineer for the project will follow the submitted plan as close as normally possible asd as would normally be approved by the City. The City researves the right to modify the grading plan to balance the soil excavation on the site in an effort to maintain project costs. The City will lceep the Developer informed of major changes as the project progresses. 13. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform a11 work and inspections deemed appropriate by the City during the installation of public improvements by the City. The license shall expire after the plat has been developed. 14. 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 back�lling operations shall be reseeded within 72 hours after the ShanHil6 04/19/94 completion of the worlc in that area. F�ccept 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 neressary 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. The City also requires that approved erosion control fencing be , installed around the perimeter of each lot at the time of building permit issuance II and remain in place until the lot is seeded or sodded. A 20 foot opening will be allowed on each lot for construction deliveries. II The parties recognize that dme is of the essence in controlling erosion. If the plat II, 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 andJor 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 plat is in full compliance with the erosion control ' requirements. ' 15. Planting and Seeding. Prior to the City allowing occupancy, the Developer shall ' plant one (1) two-inch caliper deciduous tree on each street frantage of each lot and ' the Developer shall also sod the boulevards, all at its ovcm cost. 16. Clean up. The Developer shall clean dirt and debris from streets 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 as per the conditions under Paragraph 14. '', 17. Ownership of Improvements. Upon completion and City acceptance of the work ' and construction required by this Contract, the public improvements lying within public rights-of-way and easements shall become City property without further ', notice or action. ' 18. Warranty. The Developer warrants all worlc required to be performed by it against II, poor material and faulty worlcmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass and sod sha11 be warranted to be alive, of good quality and disease free for twelve (12) months after planting. ShanHil6 04/19/94 i The Developer shall post maintenance bonds or other security acceptable to the ' City to secure the warranties. � 19. Responsibilit,y for Costs. ' A. Fxcept as otherwise sperified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat including, but not limited to, Soil and Water Conservation District charges, legal, planning, City Staff engineering and City Staff inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, and all costs and expenses incuYred by the City zn monitoring and inspecting development of the plat. As per City policy, five percent (5%) of the final construction cost will be included with the other improvement costs assessed to the property to reimburse City Staff expenses. The estimated amount is $43,350. based upon the feasibility report cost estimate. This amount is subject to change in accordance with final construction costs. B. The Developer shall hold the City and its officers and employees hannless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for a11 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 Contract, including engineering and attorney's fees. 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 Contract. 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 plat, 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 Contract within thirty (30) da.ys after receipt. If the bills are not paid on time, the City may halt plat 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 sha11 accrue interest at the rate of nine percent (9%) per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, Metro sewer availability charges ("S.A.C."), City water connection charges, City sewer connection charges, City storm water connection charges and ShanHil6 04/19/94 building permit fees. The City policy is to coIlect all of the aforementioned ' charges at the time of building permit issuance. G. The Developer shall pay all energy costs for street lights installed within the !I plat until seventy-five percent (75%) of the lots are occupied. After that, the 'I City will assume the energy costs. I 20. Building Permits. No building permits shall be issued untiL• ' A. The site grading has been completed and approved by the City. I B. All public utilities must be tested, approved by the City Engineer, and in '�, service. All curbing must be installed and backfilled, the first lift of bituminous i must be in place and approved by the City. However, this requirement is I, waived by the City Director of Public Works for the four lots that &ont 145th '��, Street West (lots 12, 13, 14, 15, blocic 3). !, C. The City Public Worlcs Director has certified that the timeta.ble for �', constnxction of public improvements is compatible with private home I, construction and occupancy. I, D. The Developer, in executing this Agreement, assumes all liability and costs for I damage or delays, incuned by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. No occupancy permits sha11 be issued until the public streets and utilities referred to in paragraph 7 and 8 are in and approved by the City, unless otherwise authorized in writing by the City Public Works Director. 21. 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 Pirst given notice of the work in default, not less than 48 hours in advance. This Contract 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, assess the cost in whole or in part. 22. Miscellaneous. A. The Developer represents to the City that the plat complies 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 plat does not comply, the City may, at its option, refuse to allow constnxction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. ShanHil6 04/19/94 B. Third parties shall have no recourse against the City under this Contract. : C. Breach of the terms of this Contract 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 phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 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. No occupancy permit sha11 be issued until public improvements in paragraph 9 are in and approved by the City. F. The action or inaction of the City sha11 not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendrnents 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 talce legal action to enforce this Contract shall not be a waiver or release. G. The Developer represents to the City to the best of its knowledge that the plat is not of"metropolitan significance" and that an environmental 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 Contract shall run with the land and may be recorded against the title to the property. 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 confened 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 Contract without the written permission of the City Council. ShanHil6 04/19/94 � ` 23. 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: 14450 South Robert Trail, Rosemount, MN 66068. 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: Rosemount City Hall, 2875 145th Street West, Rosemount, MN 55068. Attention: City Administrator. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF ROSEMOUNT BY: Kathy Busho, Mayor BY: Susan M. Walsh, City Clerk ', BASIC BUILDERS, INC. I�I ' BY: '' Its President '�, BY: Its STATE OF MINNESOTA � ) SS COUNTY OF DAKOTA ) The £oregoing instrument was acknowledged before me this day of , 1997, by Kathy Busho, Mayor, and Susan M. Walsh, 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 STATE OF MINNESOTA � ) SS COUNTY OF DAKOTA � The foregoing instrument was acknowledged before me this day of , 1997, by , President, and , , Basic Builders, Inc., a Minnesota Corporation. Notary Public ShanHil6 04/19/94 v J Drafted By: City of Rosemount 2875146th Street West P.O. Box S10 Rosemount, MN 55068 ShanHil6 04/19/94 . ' City of Rosemount Ordinance No. B- AN ORDINANCE AMENDING ORDINANCE B CITY OF ROSEMOUNT ZONING ORDINANCE THE CITY COUNCIL OF TI-� CITY OF ROSEMOUNT, A�IlNNESQTA, ORDAINS AS FOLLOWS: Section 1. Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance, " is hereby amended to rezone from Agriculture to R-1, Single Family Residential Detached the following described property located within the City of Rosemount, Minnesota, to-wit: Hawkins Pond, Dakota County Minnesota. Which had previously been described as: Part of the South 1/2 of the Northwest 1/4 of Section 30, Township 115 North, Range 19 West, Dakota County, Minnesota. i Subject and together with all easements of record. Section 2. The Zoning Map of the City of Rosemount, referred to and described in said Ordinance No. B as that certain map entitled"Zoning Map of the City of Rosemount" shall not be republished to show the aforesaid rezoning, but the Clerk shall appropriately mark the said zoning map on file in the Clerk's of�ice for the purpose of indicating the rezoning hereinabove provided for in this Ordinance and all of the notation references and other information shown thereon are , hereby incorporated by reference and made a part of this Qrdinance. �', Section 3. This ordinance shall be effective immediately upon its passage and publication ' according to law. ENACTED AND ORDAINED into an Ordinance this 1 st day of April, 1997. CITY OF ROSEMOUNT Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Published in the Rosemount Town Pages this day of , 1997.