The URL can be used to link to this page

Home My WebLink About8.b. McNamara Addition Final Plat and Subdivision Agreement � City of Rosemount Execu#ive Summary for Action CITY COUNCIL MEETING DATE: March 4, 1997 Agenda Item: McNamara Addition Final Plat & Agenda Section: Subdivision Agreement Old B u s i n e s s Prepared By: Dan Rogness Agenda No: Community Development Director ITE��I #�$ � Attachments: Final Plat, Subdivision Agreement, and Approved By: Minutes Applicant: Chippendale/42 Partnership Location: South side of CSAH 42 between Chippendale Ave. & Shannon Parkway Property Owner(s): Chippendale/42 Partnership and Michael McNamara Area in Acres: 77 Number of Lots: 3 lots; 2 Blocks; 6 Outlots Comprehensive Guide P1an Use Designation: Mixed Use PUD Current Zoning: Agriculture Requested Zoning: C-4, General Commercial and AG, Agriculture SUMMARY The attached fmal plat represents the first phase of land subidivsions that will occur in support of the Chippendale/42 mixed use planned unit development. The plat includes two lots intended for the Walgreens and day care sites on the westem end adjacent to Shannon Parkway. The remainder of the plat consists of street rights-of-way and outlots which represent the greaxer blocks. Future development phases will require separate fmal plats as the block/outlots are subdivided. It should also be noted that the day care site development will require site plan review for the building and related site improvements. The width of the right-of-way for Shannon Parkway has been e�anded to 100 feet. This is due to the Dakota County Plat Commission's limitation of the Claret Avenue (at CSAH 42) intersection to 3/4 movement after eliminating the left-out movement. As a result, Shannon Parkway will have to accomodate the increased west bound exiting traffic genera.ted by the development and rnay also accelera.te the timing for construction of a median. Recommended Action: Motion to approve A Resolution Approving the Final Plat for McNamara Addition. Authority Aetion: � � � RAFT CITY OF ROSEMOUNT DAKOTA COUNTY,MINNESOTA RESOLUTION 1997- A RESOLUTION APPROVING THE FINAL PLAT FOR McNAMARA ADDITION WHEREAS,the Planning Department of the City of Rosemount received an application for final plat approval submitted by the Chippendale/42 Partnership as required by ordinance for the purpose of Mixed-use development on land legally described as: The North One Half of the Northeast One Quarter of Section 31, Township 115, Range 19, Dakota County, Minnesota WHEREAS,the Planning Commission of the City of Rosemount reviewed the final plat application for McNamaxa Addition at their regular meeting on January 25, 199'7; 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 4, 1997. NOW, THEREFORE, BE IT RESOLVED,the City Council of the City of Rosemount hereby approves the final plat for Wensmann Tenth Addition subject to: 1. Modification of the Plat to incorporate recommendations of the Public Works Department regarding construction, easements, grading, rights of way and utilities; 2. Execution of the Planned Unit Development Agreement for Chippendale/42 Partnership Mixed-Use Planned Unit Development; 3. Execution of the McNamara Addition Subdivision Agreement to secure public improvements; 4. Payment of Paxk Dedication in the form of cash contribution commensurate with the lots being platted for commercial use; 5. Approval of the Dakota County Plat Commission. ADOPTED this 4th day of March, 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: I Member absent: I vr� w�r.� � �.r.� ' M � NAMARA ADDITION � i... .�y� o� ur ... ........... . ... ...... .....,. . ,..,. ( oHF�;�cr,er..I m� ...-..... ...,.. . ....... ,.... �- A ; tN 1.� I�I, P�� 1� �.- :•••••••, , •••• /�NORTNtASTMO l fQI�ARftR OOm SffT/OX JI ��p N� w Zf/�K7 B� �,o � N99'S556� � �tl a" � c-sorsrsr ; : •? �; .- - - �N935'S6'[ M�/��/y f� r� u�ntw�� -�p S? � � �; �-x�s�z �; . g o:� ,r�00G r� � n Vw/�I• SI/'/G �/�� R' /7M/7I►nr NV1MQCI� � ' R-76J9�� " ' ,, - �y . . • • ,� �" ^ S E45556� d11.99 . - S 89'SS'SB''�101]I � 5 B9'SS56�' E2�.7i �5l9'SS�6�M 310.35 �' R�77l9�� $ � �a~ � , � . T 8 �' 8 $i 'A-0006'J7' � - �� i" r8' 8 g 8 1 8 aaN � .t�t�s9 8 I o - � nevs�ee•[ 'au.x f n-e--o--o-o-- o- - I -�--o--a-b--a-e- +i a"=o--n-e- ' r"'°`-- ':' � � .jj - __ow �F w� � -�-a-O- .Nl435'36'E 273.J5 ' N09'S56 fi31J1 �p N!9'SS'S6T � SSIJI 3�;, \t NEYS306'E j r� s' �' :�� 2R �� to f�5vss's3'tieoobl y� �i +ol ,� �G� i c-o�•�j�t�s �r.�w�j r. �2, p�173➢�� 8 � I3 �vi'�,�'� nu � M erss'xt � � h) �o �� ` � 1� 1 � najll �i xs. � �ol.olart 0 � RI . � ♦� �� p s i i g � npi i I� w ' �i'f�a��; ►- +� BIOCK 2 � Q q l `e ' Ot � � 1 � � $ � q�°+.,, � �i � �' 3 k Y �y�(f� � 1�� „ i Ri f � �� .. e� �6 '�" � � ^ `��`�'' - � �°' OUTLOT C � � �1 �'�"' t F LOT 1 � �. :�: w `� � 8 ig � OUTLOT A ^ m h�,,.; OUTLOT B 4?q�4,"c..��i t o Yg � �� l` � �i�p i� �i "g I �`': . �a .� � �_ � �od� 1�_aou xic--�� " ' � u� v:y�h 1 � "� C� �aa*3z�tt�eaQ� o�� »„��---� -�� g - ---- "o`�.,, c• ;,.,o,.o,• � � _ - -'1 'P// i 365.66 SE8'SS'S6'W y ��n p y 4�� 1� ' �.Il��= 1N/!0';]b/ � :. 1 �-----�-- , .6p1 '�\9 N.N4,,,___ .CU � _� �� f. • � 1.� �6SY' 2 66 �~ $ 4 � t::a:i� w „ Y � f--�--__ a a ss n"�s. L. _ a ^• 2 O �:, g f f i � y • .:•'a;j0�"0 �t�yb � a�16.o�g �' ��. v.��.,s________.$.-'•�g iitli' - ... �•:S J $�$ 3 �; $� '° ' aw'so' �:��1� �� ,a! p.zu��.��sa�= ( - - ol_�roo'w• �� tD n� p � �8 �o = -- �io.» �.s� �5 �t-iiio' ��i �� :s� °�si.il�• _ q=2w.U° � Z ,;`: a� ,- �p• , °° _:�i J _ z. :Q :.��s•uz . � � �r � �� c:" e-sa.00 � " yA �, '' S t-�°��.s: , :� � w � TiIIL I a e•or�rte'� o-or = z � � a l �.'c. y � p� ; i:: . `0 �'��5,��„'giiiiio �Rw�.�'��' ` '��'�� b9y� �� "I N 'A •i. � - _� u»,a � �� °'� � �� r� �Y• sr�s� ,,� � ��6 � t - - ' �se�o �S n-ivoo•�• •t� s �\�j� � y.'� N'o y�� o: �:s�si.�4 0.�� +'.4 ,+,�.e n ...� .�. . .. „ . . - 1'111�i g� --$ 7 ��0'Is!'�� N� p.IT06'S1' • � � p.tSo v � /5"� MaqS� � �'. i : � ._ _ � a � l.iS0.00��.6� .. �2.[p ♦� J 1�115.91 � �0 O 9i .�� 5 . ? . � - �60!'ST[ 10W'00 . �PGG'�6j 27Y../1 � R�i)92.3Y � �.lEU� , � � ::: �60 ; N�1391.i0 � S Op�.�6,�Srs� 3�O.pp �IM.1.f ..y- L�390.t! �,`.P.�� 5 E f . . , , ` `,•I - �. � ! . � :,L.7S0.00 [i•3lY . . . 7t � p��600'00� �D.OU' .� q�•39'1�' ��63907 ��f5f.15 r0.•�� .556�� . ','I �� 1172.7 � �:�n �Ri' Prt�77. . � g � �i� N%�' �OO?'� N �� " ""' G��S'St'33':',� p�N �b!{ . � �k: ._ _ J �', n-o's oo `. �►� $'�.-' OUTLOT F � I �r� _ �,.� OUTLOT E �'$;�; ,_5�.•�•a9� � g�- • .. . � �•} ' --- _ _ e.m � _ __ � ^ �2 � 5 J1'90�l04� �� 8O 50'S9'E �I ~w0 �.>: R. hecn•so't •� ;• ;- $qr h M».�!•5�� /�6.05 _� S�p•js� �6M p�3.1'ts'31' �-'� ~C�31'N'J4' ♦ ' . . . .. �1: ^X I �]b?S -"' �a�s�°T . 4n` L�iM91.i C-3�Y{'31 N��S.00 � � . � oo~ . . �.. . .' :.: -�- . . .. .. � t .� �^-�\ ri�. . 1�t66.73 . ` I t .. ., fl.105.00 �. R�7) 00 � D WN�WLE 8 UfIL17Y EASEIAEM , ,..--�_.... N.80 yp. �a --� . __ _ . � ��' .-•io ta-.. � "' �0.10"" ' . I _ �-':.S 00'06'YSY -N!9'S�'!S'E " � ':. ,T�oe -ii•____ �ta-.cc_. ` '' ' ' . . , v2��-,. "'"S KS)')S1Y 11M.t0""' �r r � �7oJ✓J'✓✓� 4�.l0-"". .� �W� 50 OD_ .: '� ►o 0 I::. , S 09'Sl75Y ( :.: . ' I � W$`� �,=�5!YS]'�31t �� . ��, ' �JOU1H L1M' DI TH< MORfH OXf !NV Ol 1'Bf Lp-li: . +:�, NOMBust ON[ V(��11rtR OP StG7f01+ .t1. �I .':I ( I -�I I .. •.._.''�� .. ...�_�... � ..:=i.. .� i�..•�.�.�:::�� N Il: • •.�_:�.�. � .. ..�...... � �. . •� . .�:i:.��..�. . (;:� � � ''� � � �.� �11 f. ( . . . . ( ts:I . �.:. 1 ; .•� `. /. Dmnis X. Hanaa� Licrnstd Land St�nieyu+'. eerNhl tha! ! havr aururysd and plalted tAs p.operfy daacri6ad in fhiu plot as YC NAWRA ADbfT/ON, that lhis plat is n corrac! r�prexntalion oJ tM aurusy. tAat dt dutnncea ore comrctly aAown on ths plat in Jee! and Aundr�dtAs oJ a foof. thot at/ mortu+ntnls havt Ortn cvmsefty ptacod ht t/u yroutut as sRoum, Ihat the wtslde Ooundary lines nre correcNy deslynafsd on thQ ptat and that lhere are no ie+ellanda ns � dtfined in Y{nnesota Statulsa Section 505.02 Su6d. I or p++Oho A{ghways to Da desigrwErd otAer � � � fhan sAown tAarooa . � � PLANNING CONIMISSION � ANNUAL MEETING February 25, 1997 Page Two MOTION by Weisensel to close nominations for Planning Commission Vice-Chair. Second by Shoe-Corrigan. Ayes: Shoe-Corrigan, Weisensel, DeBettingnies, Tentinger, and Droste. Nays: 0. Commissioners voted by secret ballot to elect the Planning Commision Vice-Chair. The ballots were counted by the Recording Secretary. DeBettignies was elected as 1997 Planning Commission Vice Chair. MOTION by Tentinger to approve the January 28, 1997 Regular Planning Commissi�r Meeting Minutes as presented. Second by Droste. Ayes: Weisensel, DeBettignies, Tentinger, Droste, and Shoe-Corrigan. Nays: 0. The Agenda was amended to accomodate representatives appearing on behalf of McNamara Addition. — - New Business: McNamara Addition Final Plat City Planner Pearson presented for Planning Commission review and approval the final ____._ _ _ _ _ plat for McNamara Addition. The final plat represents the first phase of land subdivision that will occur in support of the Chippendale/42 mixed use planned unit development. The developer has made compromises and concessions in its efforts to work with the City. City Planner Pearson reviewed the lot layout and street design and --- advised that City Planning 3taff is worki.ng on the execution of a Development Agreement to be submitted to the City Council on March 4, 1997. Commissioners expressed concems about street alignment, how improvements will affect Shannon Parkway north of CSAH 42, and the City's expense related to such improvements. Civil Engineer Litterer addressed the alignment concems. Community Development Director Rogness explained that the CSAH 42 corridor I study must be completed and further analysis of the alignment issue must be performed before the City can make any informed decisions on these issues. Dakota County Plat Commission restricted access onto CSAH 42 from the Claret Avenue intersection by eliminating the left-out movement. PLANNING COMMISSION ANNUAL MEETING February 25, 1997 Page Three Jim Johnson, Consulting Engineer for , explained two design alternatives, i.e., a11ow 3/4 access with one left tum lane 300' in length, or two left turn lanes of 175' in length. Commissioner Shoe-Corrigan expressed concern over increased traffic in the residential areas. She questioned whether the developer's goals are compatible with the surrounding area. Commissioner Droste pointed out that development of 160th Street would have an impact on the traffic issue. If the County proceeds with improvements on 160th, this would eventually reduce the traffic concerns on CSAH 42. City Planner Pearson added that any improvements made are expected to support traffic and recommendahons have been made on long-term pla.nYung. Community Development Director Rogness further explai.ned that, after plat approval, Dakota County changed spacing guidelines and did not a11ow full access. There are no changes in the development proposal, only changes in traffic from the development. Additional right-of-way on Shannon Parkway is needed to deal with this issue. Commissioner Droste questioned whether there would be a headlight problem created by this development. City Planner Pearson explained that, by moving everything 20 feet way, more open space is created, thereby reducing any headlight problems. MOTION by Tentinger to approve the final plat of McNamara Addition, subject to the following: 1) Modification of the plat to include: a) cross access easements between Lots 1 and 2, Block l; b) right of access dedicated to City of Rosemount along a11 public rights-of-way excluding CSAH 42; and, c) all intersections with corners containing less than 90 degree angles of intersections sha1� be no less than 75 degrees; 2) Execution of the Planned United Development Agreement for Chippendale/42 Partnership; 3) Execution of a subdivision agreement to secure public improvements; 4) Payment of park dedication in the form of cash contribution commensurate with the two lots (Lots 1 and 2, Block 1) being platted; 5) Incorporation of recommendations relative to easements, grading, rights-of-way and utilities identified by the Public Works Department; and 6) Approval of the Dakota PLANNING COMMISSION ' ANNUAL MEETING 'I February 25, 1997 ' Page Four County Plat Commission. Second by Droste. Ayes: DeBettignies, Tentinger, Droste, Shoe-Corrigan, and Weisensel. Nays: 0. Public Hearing• Essential Services Ordinance Chair Droste opened the Public Hearing to hear public testimony regarding the creation of an Essential Services Ordinance. Intem Bonkowske advised the Commission that more time was needed to research utility regulations and requested a continuance to March 1 l, 1997. Chair Droste opened the floor to the public. There were no comments from the audience. Commissioner Weisensel questioned whether a continuance to March 11, 1997 would a11ow sufficient time for the research to be completed. Intern Bonkowske felt the research could be completed within that ti.me. MOTION by Droste to continue the Public Hearing on the Essential Services Ordinance to March 11, 1997. Second by DeBettignies. Ayes: Tenti.nger, Droste, Shoe-Corrigan, Weisensel, and DeBettignies. Nays: 0. Public Hearing• Sidewalk Sign Ordinance Chai.r Droste open the public hearing to hear public testimony regarding the amendment of the sidewalk sign ordinance. Intern Bonkowske presented a copy of the proposed Sidewalk Signs Ordinance, limiting and defining the size, location, nature and other conditions relating to sidewalk signs. Commissioners questioned the 36" passable space requirement and thought further clarification needed to be added to ensure that it was a "contiguous" 36 inches. There 3l04/97 Subdivision Agreement MCNAMARA ADDITION 1'ffis AGxEEEMErrr dated this day of , 1997, by and between the CrrY oF Ros�ovrrr, a Minnesota. municipal corporation, ("City"), and C�PEtvn�42 P�utTx�ts�, a Minnesota general partnership, having the address of 15055 Chippendale Avenue South, P.O. Box 439, Rosemount, Minnesota 55068, (the "Developer"). 1. $�est for Plat AF�roval. The Developer has asked the City to approve a pla.t of land to be known as McN�a AnnrrloN (also referred to in this contract as the "Plat"). The land is legally described as follows: The North One Half of the Northeast One Quarter of Section 31, Township 115, Range 19, Dakota County, Minnesota. 2. P.U.D. Annroval. The City approved the McNamara Addition Planned Unit Development (PUD) on October l, 1996. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City, if required. 4. Effect of Subdivision An ru oval. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, except an amendment placing the I plat in the current urban service area, or official controls shall apply to or affect the j use, development densiry, lot size, lot layout or dedications of the approved plat unless ' required by state or federallaw 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, pla.tting or dedication requirements enacted after the date of this Agreement. 5. Develonment Flans. The Plat shall be developed in accordance with the following plans; the plans shall not be attached to this Agreement. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Agreement, but before commencement of any work in this plat. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Page 1 of 8 Plan A --Plat Plan B --Grading, Drainage and Soil Erosion Control Plan 6. Lnnrovements. The Developer shall cause to be installed and pay for the following according to Minnesota Statutes, Chapter 429: A. Sanitary 5ewer B. Water C. Storm 5ewer ', D. Streets and Street Lights ', E. Concrete Curb and Gutter � F. Boulevard Sod G. Street Lights II. Sidewalks and Trails The Developer shall execute the Petition and Waiver Agreement for public improvements in the form atta.ched hereto as Exhibit A. 7. ra i g PIan/Site Gra ing, The Developer shall submit to the City a site grading and drainage plan for the entire Pla.t 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. 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. 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. 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 erasion control silt fence. Approved e�sion control fencing shall also be installed around the perimeter of each lot at the time of building permit issuance and remain in pla.ce until the lot is seeded or sodded. A twenty-foot opening will be allowed on each lot for construction deliveries. 8. I�ense. The Developer hereby grants the Ciry, its agents, employees, officers and contractors a license to enter the plat to perform all 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. Page 2 of 8 9. 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 unplemented, inspected and approved by the Ciry. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the completion of the work in that area, weather permitting. 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. The parties recognize that time is of the essence in controlling erosion. If the 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, including those provisions listed in paragraph 10. 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. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. 10. Clean un. 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 the Developer has received a 24-hour verbal notice, the City will complete or contract to complete the clean-up at the Developer's expense, as per the conditions under Para.graph 9. 11. Project Phasin�. Project phasing will be in accordance with the Planned Unit Development Agreement between the Ciry and Develo�r dated March 4, 1997. 12. �ablic Im�rovement Phasing. Public improvement phasing will be in accordance with the Planned Unit Development Agreement between the City and Developer dated March 4, 1997 and Attachment 2 of Exhibit A. 13. R�uonsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all documented 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, engineering and inspection expenses incurred in connection with approval and acceptanee of the plat, the preparation of this Contract, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat, and the enforcement of this contract. Page 3 of 8 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 approval and development. 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 attomey's fees. C. 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. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contra.ct within thirty (30) days after receipt. If the bills are ' not paid on tune, 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. ' E. In addition to the charges and special assessments refened to herein, other ', charges and special assessments may be imposed such as, but not limited to, sewer availability charges (SAC), City water connection charges (WAC), City ' sewer connection charges (City SAC), City storm water connection chazges ' (STAC) and building permit fees. ' F. The Developer shall pay for all installation costs associated with NSP (City ' approved) street lights installed within the Plat on Shannon Parkway at the ' Walgreens private drive, and at the intersection of Shannon Parkway and 151st ' Street. The City will assume the energy costs. ' 14. �. The fmal plat will not be released from the City until these fees have been paid to the City. A. Park Dedication. Park dedication will be cash in lieu of land dedication for Lots 1 and 2, Block 1. The cash contribution will be in the amount of$3,707 based on the fmal platted area of 3.37 acres per Rosemount's fee resolution formula of $22,000 per acre x (.OS x 3.3'�. B. Storm Water Charges. Storm water trunk area charges for Lots 1 and 2, Block 1, will be in the amount of$9,503 based on the fmal platted azea of 3.37 acres per Rosemount's fee resolution formula of$2,820 per acre. Page 4 of 8 C. GIS Fees• GIS fees for Lots 1 and 2, Block l, will be be in the amount of$337 based on the fmal platted area of 3.3'7 acres per Rosemount's fee resolution formula of$100 per acre. 15. Bu�'� 'pg Permits. No certificate of occupancy shall be issued until: A. The site grading has been completed and approved by the City. 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 on the parking lots, driveways and on any public streets must be in place and approved by the City. C. The Developer assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the negligence of Developer, its employees, contractors, subcontractors, materialmen or agents. 16. Develouer'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 Ciry for any expense incuned by the City, provided the Developer is first given notice of the work in default, not less than forty- eight (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, assess the cost in whole or in part. 17. Administrative Provisions. A. The Developer represents to the City that to the best of its knowledge, the Plat complies with all City, county, metropolitan, state and federal laws and regulations, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction 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. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. Page 5 of 8 D. 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 Ciry Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. E. This Agreement shall run with the land and bind the Developer and all future owners of land within the Plat, and shall be recorded by the Developer against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer's request, the City will execute and deliver to the Developer a relea.se. F. Each right, power, or remedy herein conferred upon the City or the Developer, as the case may be, is cumulative and in addition to every other right, power, or remedy, express or implied, now or hereafter arising, available to the Ciry, 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 tune to time as often and in such order as may be deemed expedient by the City or the Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. G. The Developer may not assign this Agreement without the written permission of the City Council except that the Developer may assign this agreement and the obligations under it to any subsequent owner or successor of any part of the pla.t. H. 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: Chippendale 42 Partnership, 15055 ', Chippendale Avenue South, Box 439, Rosemount, Minnesota 55068. Notices to the City shall be in writing and shall be either hand delivered to the City Administraxor or mailed to the City by registered mail in care of the City Administraxor at the following address: Rosemount City Iiall, 2875 145th Street West, Box 510, Rosemount, MN 55068, Attn: City Administrator. ' I. Any amendments to this Agreement shall be in writing and executed by both parties. ' J. This Agreement shall be govemed by the laws of the State of Minnesota. ' Page 6 of 8 III �V ��T � � �Z�'' ��'� ��--. PETITION :�ND WAIVER AGREEvtE�tT THIS �GREEv1ENT made this day of , 1997, by and between the Ciry of Rosemount, a yiinnesota municipal corporation (the "City"), and (hereinafter collectively referred to as the "Owner"}; WIT�IESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property") located in the City, and Ie�ally described in Attachment One which is hereby made a part hereof; and WHEREAS, the Owner desires to plat and develop the Subject Property and has applied to the City for approval of a plat and planned unit development (PUD) pursuant to the City's � Code of Ordinances; and WHEREAS, the development of the Subject Property will require the construction of certain public improvements, including storm drainage improvements, street, curb and gutter, watermain, sidewalk and trails, and sanitary sewer improvements (the "Improvement Project"), which are necessary ta allow development of the Subject Property as desired by the Owner and as required for the approval of the plat and PUD by the City; 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 tevied to finance the Improvement Project, and to levy 100 percent of the cost of the Improvement Project against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request by the Owner and without such notices or hearings, provided the assurances and CL114929 1 RS220-20 � � � � � i 2 covenants hezeinafter stated are made by the Owner to ensure that the City will have valid and � collectable special assessments as they relate to the Subject Propem to fnance the cost uf the Improvemeat Project; and WHEREAS, were it not for che assurances and coveaants hereinafter provided, the Ciry would aot construct the Improvement Project without such notices and hearings and is doing so soleiy at the behest, and for the benefit, of the Owner; NOW, THEKEFORE, ON THE BASIS OF THE MLJTUAL COVEN�NTS .��iD AGREEMENTS HEREINAFTER PROVIDED,IT IS HEREBY AGREED BY��iD BETW"EEN ' THE PARTIES HERETO AS FOLLOWS: II 1. The Owner hereby peutions the City for construction of the Improvement Project , as generally shown on Attachment Two which is hereby made a part hereof. i 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Properry, that it has full legal power and authority to encumber the Subject Properry as herein provided, and that as of the date hereof, it has fee simple absoiute title in the Subject Property, which is not subject to any liens, interests or encumbrances, escept as listed on Attachment three attached hereto and made a part hereof. 3. The Owner requests that 100 percent of the cost of the Improvement Project be assessed against the Subject Property. The Owner understands and agrees that the cost of the Improvement Project will be determined in accordance with Minnesota Statutes. Chapter 429 and standard city practices and that such cost may be as much as��• Owner understands that the cost of the Improvement Project is subject to mcreases in construction costs occurring between the date of this Agreement and construction of the Improvement Project, and agrees that the cost stated in the preceding sentence will be increased in accordance with project cost increases as reflected in the Construction Record Index. Special assessments shall be spread in accordance with standazd city assessment practices against the Subject Property exclusive of public right-of-way or land dedicated to the public at the present time or upon future subdivision of the Subject Property. 4. "['he Owner waives notice of hearing and hearing pursuant to yiinnesota Statutes, 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 Minnesota Statutes,section 429.061 and specifically requests that the Improvement Project be constructed and special assessments tevied against the Subject Property therefor without hearings. C:.1:i929 7 R5224-20 � � . � 5. The Owner waives the right to appeal the levy of special assessments in accordance with this .�greemeat pursuant to �tinnesoca Statutes, section �t29.081, or reapportionment chereof upon tand division pursuant to �ti_ Statutes, section 429.071, subd. 3. or otherwise. and furcher specifically agrees with respect to such special assessments against the Subject Property or reapporcionment that: a. Any requirements of�tinnesota Statutes. Chapter�29 with which the City does not comply are hereby waived by the Owner; b. The increase in fair mazket value to the Subject Property resulting fram construction of the Improvement Project will be in an amount at least equal to the total cost specified in pazagraph 3 above, and that such inczease in fair maricet value is a special benefit to the Subject Property; c. Assessment of 100 percent of the cost of the Improvement Project against the Subject Properry is reasonable, fair and equitable and theze are no other properties against which such percent of costs 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 i�iinnesata Statutes, 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. 7. The covenants,waivezs and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subjeet 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 a�ainst the title of the Subject Property. 8. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regazding the Improvement Praject, and the City shall execute and deliver such documents, in recordable form, as aze , ' necessary to extinguish its rights hereunder. , 9. "I'he Owner grants all rights of entry and temporary easements over the Subject Property which are necessary to construct the Improvement Project. CLL114928 j R5220-20 � I IN WITNESS WHEREOF, the parries have set their hands the day and year fint written above. CITY OE ltOSEMOUNT By Cathy Busho, Its Mayor By ��I Susan Walsh, Its Clerk By Its By Its STATE OF MINNESOTA ) ) SS. COUNTY OFDAKOTA ) T'he foregoing instrument was acknowledged before me this day of , 1996, by Cathy Busho and Susan Walsh, respectively, the Mayor and Clerk of the City of Rosemount, Minnesota, a Minaesota municipal corporarion under the laws of the state of Minnesota, on behalf of the City. otary ic C L:14928 4 R5220•20 STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowtedged before me this day of _ 1996,by and ,the and , respectively, of . a , on behalf of the otary u ic CLL114328 5 R5220-20 ATTACHMENT 2 PUBLIC IMPROVEMENTS FOR McNAMARA ADDITION The following public utilities and streets are to be constructed per the City Guidelines � and Policies in place at the time of final plat approval by the Rosemount City Council. A Feasibility Report will be completed which will describe these improvements in more detail. A. STREETS 1. 151 st Street from Shannon Parkway easterly to a point just east of the Walgreens and Daycare Center sites driveway, as a minimum. This public street will be constructed to a minimum of 40' wide within an 80' platted right-of-way. 2. The improvements to Shannon Parkway will include a concrete median to delineate turn lanes, from CSAH 42 to 151 st Street. This median construction will require the widening of Shannon Parkway. This construction will include removal and replacement of concrete curb & gutter and bituminous patching and/or overlaying as required. 3. All the necessary appurtenances to the above improvements are required including signal light modifications, street lights, signage, sodding, etc. B. SANITARY SEWER 1. Sanitary sewer will be constructed from Claret Avenue extension through the westerly multi-family area tOutlot E} south of 151 st Street and will provide sanitary service to the Walgreens and Daycare sites, plus the building site adjacent and to the east of these two sites north of 151 st Street as described in the PUD. C. WATERMAIN 1. A 12" watermain will be constructed on 151 st Street to the easterly terminus. A 12" main will also be constructed from 151 st Street northerly to the Walgreen site and stubbed easterly off the Walgreen site. There will be City participation for only the 151 st Street segment which will be '/2 of the oversizing from an 8" to 12". D. STORM DRAINAGE 1. Catch basins are required in the Walgreens parking lot. Storm drainage facilities will be constructed southerly through the Daycare site and __ __ ,_ ATTACHMENT 2 McNAMARA ADDITION 151st Street to the O'Leary's Hills pond. Extensions will be necessary for the future Daycare site and the multiple family site. This storm drain system will be sized for a 10 year design storm for the Walgreens, Daycare site, 151 st Street and the multi-family site and aligned to the Developers request. E. SIDEWALK AND TRAILS 1. 5' concrete sidewalks will be installed on both sides of 151 st Street to the easterly terminus. 2. The bituminous trail along Shannon Parkway will be required to be reiocated due to the widening of Shannon Parkway. 3. The Developer will be responsible for either providing an escrow for the cost of an 8' wide sidewalk on the north side of the Walgreen site, south of CSAH 42, or having that installed with the project. 2 Irr W�'rlvEss W�OF, the parties have hereunto set their hands the da.y and year first above written. ' CITY OF ROSEMOUNT By: Cathy Busho, Mayor By: Susan M. Walsh, City Clerk CHIPPENDALE 42 PARTNERSHIP By: Michael J. McNamara, a general partner STATE OF MINNESOTA ) ) SS COUNTY OF DABOTA ) The foregoing instrument was acknowledged before me this day of_ , 1997 by Cathy Busho, Mayor, and Susan M. Walsh, City Clerk, of the CITY OF ROSEMOUNT, a Minnesota municipal corporaxion, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Page 7 of 8 STATE OF MIINNESOTA ) )SS COUNTY OF DABOTA ) The foregoing instrument was acknowledged before me this day of_ , 1996 by Michael J. McNamara, a general partner of C�PErtn�.E/42 P.�t'rrrERsxrn, a Minnesota.general Partnership, on behalf of the Partnership. Notary Public Drafted By: City of Rosemount 2875-145th Street West P.O. Box S10 Rosemount, MN SSOb8 a II�� Page of 8 r