HomeMy WebLinkAbout5.a. Wensmann 7th Addition Final Plat and Rezoning and Wensmann 8th Addition ' City of Rosemount
Executive Summary for Action
City Couacil �eetiag Date: Avril 4, 1995
Ageada Item: Wensmann Seventh Addition Agenda Sectioa:
Final Plat & Rezoning OLD BUSINESS
Prepared By: Richard Pearson Ageada No:
Assistant Planner i�C�/� �
i CIVI
Attachmeats: Resolution; Ordinance; P.C. Approved By:
Memo; Draft Development and
PUD A reement; Final Plat.
The attached memo describes the final plat for Wensmann Seventh
Addition. The Planning Commission reviewed the final plat on March
14, 1995 and recommended approval with the six conditions included
in the resolution.
Approval of the final plat also gives the City Council the ability
to formally act on the rezon.ing of the subject property from AG
Agriculture to R-1 Single Family Detached, R-2 Single Family
Attached Residential, and PB Public/Quasi-Public. Action on the
rezonings was tabled on February 7, 1995 after the public hearing
was conducted.
Recommeaded Action: A MOTION to adopt A RESOLUTION APPROVING THE
WENSMANN SEVENTH ADDITION FINAL PLAT; and
A MOTION to adopt Ordinance No. B-52 AN ORDINANCE AMENDING
ORDINANCE B - CITY OF ROSEMOUNT ZONING ORDINANCE FOR THE REZONING
OF PROPERTY TO ACCOMMODATE THE WENSMANN SEVENTH ADDITION.
City Council Actioa:
0404-95.004
CITY OF ROSLbIOIINT
DAICOTA COD'N'I'Y, MINNLSOTA
RESOLUTION 1995-
A RRSOLIITION APPROVING
TH8 �PENSMANN SEV�ITS ADDITION FINAL PLAT
NHEREAS, the City of Rosemount has received a final Planned Unit
Development (PUD) and final plat for the following legally
described property:
The Northwest Quarter (NW1,�) of Section 31, Township
115, Range 19, Dakota County, Minnesota, Except the
East 1,273 .96 feet thereof; and except the South
1, 613 .00 feet thereof. Subject to County Road No.
42 and C.S.A.H. No. 9 (Dodd Road) , and also subject
to any easements of record if any.
�PSEREAS, on March 14, 1995 the Planning Commission of the City of
Rosemount recommended approval of the �ensmana Seveath Additioa
Fiaal Plat; and
�PHEREAS, the proposed rezoning from AG Agriculture to R-2 Single
Family Residential, R-2 Single Family Residential Attached, and
PB Public/Quasi-Public is in conformance with the Comprehensive
Guide Plan; and
�PHEREAS, the planned unit development is in compliance with the
City Zoning and Subdivision Ordinance; and
��HEREAS, on February 7, 1995 the City Council held a public
hearing in accordance with the City Subdivision Ordinance and
State Statutes.
NOW, TBEREFORE, BE IT RRSOLVED, the City Council of the City of
Rosemount hereby approves the Wensmann Seventh Addition Final
Plat, subject to:
1. approved specifications for grading, utilities, and
construction required by the city engineer;
2. Provision of a blanket easement for Lots 64, 65, 66 and 67,
Block 3;
3 . Rezoning of the property from AG Agriculture to R-1 Single
Family Residential Detached, R-2 Single Family Residential
Attached, and PUB Public and Quasi-Public;
4 . Park Dedication in the cash amount of $26,240 .00 in
combination with 1.6 acres of land dedication identified in
the plat as Outlot A to the City;
5 . Execution of a Planned Unit Development and Subdivision
Development Agreement to secure public improvements and the
responsibilities of the Homeowners' Association;
6. Geographic Information Systems (GIS) Dedication of $50.00 per
lot and per unit totally $4, 050.00;
7. Approval by the Dakota County Plat Commission; and
8. Execution of a pre-assessment agreement to escrow funds in
the amount $48, 000.00 for the Developer's share of
improvements on County Road 33, Diamond Path.
ADOPTI3D this 7th dag of February, 1995.
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor-
Voted against•
City of Rosemount
Ordinance No. B-51
AN URDINANCE AMENDING URDINANCE B
CI'TY OF RO5EMOUNT ZONING ORDINANCE
Wensmann Seventh Addition
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS:
Section 1, Ordinance No. B, adopted September 19, 1989, entitled "City of Rosemount Zoning
Ordinance," is hereby amended to rezone from AG Agriculture to R-1 Single Family Residentiat
(detached) the following described property located within the City of Rosemount, Minnesota to-wit:
Lots 1 - 8, Block 1, Wensmann Seventh Addition
Lots 1 - 10, Block 2, Wensmann Seventh Addition
Lots 1 and 12, Block 3, Wensmann Seventh Addition
Sectinn 2, Further, Ordinance No. B, adopted September 19, 1989, entitled "City of Rosemount
Zoning Ordinance," is hereby amended to rezone from AG Agriculture to R-2 Single Family Attached the
following described property located within the City of Rosemount, Minnesota to-wit:
Lots 13-67, Block 3, Wensmann Seventh Addition
Sectinn 3, Further, Ordinance No. B, adopted September 19, 1989 entitled City of Rosemount
Zoning Ordinance, is hereby amended to rezoning from AG Agriculture to PB Public/Quasi-Public the
following described property located within the City of Rosemount, Minnesota to-wit:
Outlot A, Wensmann Seventh Addition
Sectinn 4, The Zoning Map of the City of Rosemount, refened 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 office for the purpase 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 Ordinance.
Ser ion S. This ordinance shall be effective immediately upon its passage and publication
according to law.
ENAC'rEn A1w Oxn�NE� into an Ordinance this 4th day of April, 1995.
CITY OF ROSEMOUNT
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published in the Rosemount �'own Pages this day of , 1995.
o�axv-si
Paga 1 of 1
CITY OF ROSEMOU NT 28�5-`;�ths�W�
P.O.Box 510
Eve thin s Comin U Rosemount!! Rosemo��n,MN
� ry g" 9 P sso68-os�o
Phone:612-423-4411
Fax:612-423-5203
TO: Planning Commission
FROM: Richard Pearson, Assistant Planner
DATE: March 8, 1995
SUBJ: Mazch 14, 1995 Regular Meeting Reviews Agenda Item 6a.
ATTAC�:aVI£NTS: Final Plat
6a. Wensmann Seventh Addition - Fina1 Plat Review
Mr. Herb Wensmann is requesting final plat approval of the Wensmann Seventh Addition.
This process will result in the legal descriptions and define the boundary lines for the lots,
blocks and right-of-ways (ROV� that will be recorded. The City Council approved the
preliminary plat and planned unit development on February �, 1995. The public hearing for
the rezonings was held with action tabled until final plat approval. The associated zoning
districts will be defined by the final plat.
FINAL PLAT
The final plat is consistent with the preliminary plat with one exception. Lots 13 through 18,
block 3 were moved approximately five feet to the west in order to accommodate the
modified "hammerhead" turnaround design that was approved by the Fire Marshall and City
Engineer.
The ROW for Daybreak Avenue, December Trail and the two cul-de-sacs will be dedicated
to the city as public streets. Lot 67, block 3 is the location of the private street that provides
access to the townhouses. Similar to a public street, the 24 ft. wide private driveway will be
generally centered within the 43 ft. wide lot. Lot 67 is enlazged to 55 ft. wide along CSAH
42 to accommodate the twenty foot street setback and the trail.
The 150 foot wide ROW that forms the westem edge of the plat is considered to be City
ROW until Diamond Path (CSAH 33) is built in cooperation with Apple Valley and Dakota
County. At that time, the County will take control. A parcel boundary line will have to be
added to separate the Diamond Path ROW from the CSAH 42 ROW. The local status of
Diamond Path also allows the construction of a temporary cul-de-sac within the ROW.
Outlot A will be dedicated to the Ciry for park development.
� � . , . � � ��Ri�KAOn,K,t,FI�a�!! . .
CdlfiHlllls��Y
P�<O�Slllillf IIIdMli�S.
C1TY OF ROSEMOUNT Z8�5—`�ths�W�
P.O.Box 510
Eve thin s Comin U Rosemount!! Rosemounc,nnN
ry g' 9 p 55068-0S1a
Phone:612-423-441t
fax:612-423-5203
Mar�h 14, 1995 Planning Commission Reviews - Wensmann Seventh Addition Final Plat
Page 2.
PUD AND DEVELOPII�IEN'T AGREII�NT
This contractual agreement between the City and the Developer will secure the public
improvements that include the streets and utilities and will also specify the conditions of the
PUD as well as the variances. It will be recorded with the County so that it continues to
regulate the PUD through the homeowner's association (FIOA) after the Developer has
completed the project and the lots and units have been sold. The Agreement will include
various responsibilities of the association including maintenance of common grounds and
streets. Specific conditions related to the PUD that are city requirements will not be able to
be changed by the HOA without City Council approval.
PARK DEDICATiON
The park dedication is a combination of land and cash contribution. The park consists of 1.6
acres and the balance is $26,240 as recommended by the Pazks and Recreation Committee on
7anuary 23, 1995.
RECON�NDATTON
MOTTON to recommend approval of the final plat for Wensunann Seventh Addition to the
City Council subject to:
1. approval of grading, utilities and construction specifications by the City Engineer;
2. approval of blanket easement language for lots 64, 65, 66 and 67, block 3 by the City
Attomey;
3. park de,dication of Outlot A and a cash cantribution of$26,240;
4. execution of a PUD and Development agreement to secure public improvements and
the responsibilities of the homeowner's association,
5. approval of the Dakota County Plat Commission;
6. Geographic Information Systems (GIS� Dedication of$50.00 per lot and per unit
totaling $4,Q50.00; and,
7. escrow of funds for future Diamond Path unprovements, as appmved by the City
Engineer (estimated to cost approximately $48,000).
,. .. . � � � Ptinfed on nCK�edWPer
conninin,R]0'.K
. . . . posFco�sumel mahviaft.
. �
WENSMANN E ADDITION
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' March 31, 1995
Planned Unit Development Agreement
and
Development Contract
WENSMANN SEVENT�I ADDITION
AG�vT dated this da.y of , 1995, by and between the CrrY oF
RosEMourrr, a Minnesota municipal corporation, ("City"), and HExBERT H. WENSNi�v DBA
WENSMANN REALTY, a sole proprietorship, (the "Developer").
1. Renuest f�r Plat Annrnval, The Developer has asked the City to approve a plat of land to
be known as WnvsNiAtv�v SEvnv'rH AnnrrloN (also referred to in this contract as the "plat").
The land is legally described as follows:
The Northwest Quarter (NW'/a) of Section 31, Township 115, Range
19, Dakota County, Minnesota, except the south ea.st i,273.96 feet
thereof; and except the south 1,613.00 feet thereof. Subject to
County Road No. 42 and C.S.A.H. No. 9 (Dodd Road), and also
subject to any easements of record if any.
2. P_TT_n_ Annrnval. The City approved the Wensmann Seventh Addition Planned Unit
Development on February 7, 1995 with the following condirions:
a. The gradi.ng and utilities plan must be approved and accepted by the city engineer and
the grading plan be modified to include berms along the Diamond Path right-of-way;
b. A cul-de-sac or hammer head turnaround must be provided at the eastern terminus of
the private street parallel to County State Aid Highway 42 (CSAFi 42) as approved by
the fire marshal;
c. No parking shall be allowed on the private streets and signs, required by the fire
mazshal, stating No Parking Fire Lane must be installed.
d. Execution of a planned unit development and master subdivision development
agreement that:
(1) approves the six (6) dimension variances and the private street setback varia.nce to
CSAH 42. The PUD must conform with all other zoning ordinance standards in
effect at the time of execution
(2) requires a homeowners' association agreement and declaration of covenants that
secures the maintenance of common areas, driveways, and private streets; and
(3) establishes driveway locations on lots fronting cul-de-sacs and comer lot
driveway locations, as specified by the city engineer.
Wensman7.dev
Page 1 of 10
e. Conformance with all applicable building and fire codes; and
f. the landscape plan be refined to enhance screening in the vicinity where the private
street intersection is adjacent to CSAH 42.
g. The PUD contains variances to lot dimension and setback standards that are hereby
8��=
(1) T n Width: Lots 4, 5, 8, and 9, Block 2;
(2) i n Den h: Lots 4 and 5, Block 1 and Lots 8 and 9, Block 2; and
(3) The private street shall be setback twenty (20) feet from the CSAH 42 right-of-
way.
h. A Homeowners' Association created by the Developer will be perpetually responsible
for Lots 64, 65, 66 and 6'7, Block 3, Wensmann Seventh Addition. The obligations of
the Homeowners' Association include the following:
(1) Maintenance of the lawn or turf areas and landscaping on common areas and
those parts of Lot 67, Block 3, or public rights-of-way which are not improved
for travel and which are adjacent to common areas. This obligation includes
mai.ntaining and cutting grass, replacing dead trees or landscaping, caring for or
removing diseased trees, eliminating nuisance weeds and abating any nuisance
conditions.
(2) Maintain, repair, replace, and keep in good working order all streets, water
services from and including the curb stops to the housing units, sanitary sewer
services from the eight-inch lateral pipe to the housing units, storm sewer, and
drainage improvements in the common areas of Lots 64, 65, 66 and 67, Block 3,
Wensmann Seventh Addition, and outside of City rights-of-way.
3. Cnnditi�nc nf Plat Annrnval. The City hereby approves the plat on condition of 1)
approval of a gradi.ng, utilities, and construction specifica.tions by the city engineer; 2)
approval of blanket easement language for Lots 64, 65, b6 and 67, Block 3 by the ciry
attorney; 3) rezoning of the property from AG Agriculture to R-1 Single Family Residential
Deta.ched, R-2 Single Family Residential Attached, and PUB Public and Quasi-Public; 4)
Park Dedication in the cash amount of$26,240.00 in combination with 1.6 acres of land
dedication identified in the plat as Outlot A to the Ciry; 5) execution of a Planned Unit
Development and Subdivision Development Agreement to secure the public improvements
and the responsibilities of the Homeowners' Association; 6) GeograpYuc Information
Systems (GIS) Dedicaxion of$50.00 per lot and per unit totally $4,050.00; � approval by
the Dakota County Plat Commission; and 8) execution of a pre-assessment agreement to
escrow funds in the amount $48,000.00 for the Developer's share of improvements on
County Road 33, Diamond Path.
4. Phased 1)pv lnnm .n . The City may refuse to approve fmal plats of subsequent additions of
the plat if the Developer has breached this Contract and the breach has not been remedied.
Wensman7.dev
Page 2 of 10
Development of subsequent phases may not proceed until Development Contracts for such
phases are approved by the City.
5. Effect nf Suhdivicinn AnTn�, Foi two (2) years from the date of this ContrdCt, IIo
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 requirred 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 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
Contract.
6. D�v lnnment Planc. The plat shall be developed in accordance with the following plans.
The plans shall not be atta.ched 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 from 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 fo�r Public Improvements
Plan E -- Grading Plan and House Pad Elevations
Plan F -- Street Lights
7. Im�rnvements. The Developer shall install or cause to be installed. and pay for the
following:
A. 5anitary Sewer
B. Water
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Boulevard Sod
G. Street Lights
H. Sidewalks and Trails
I. Street Signs
J. Setting of Lot and Block Monuments
K. Surveying and Staking of work required to be performed by the Developer
L. Gas, Flectric, Telephone Lines, and Cable Lines
The improvements shall be installed in accordance with City standards, ordinances and plans
and specifications which have be prepared by a competent registered pmfessional engineer
fumished to the City and approved by the City Public Works Director. The Developer shall
Wensman7.dev
Page 3 of 10
obtain all necessary permits from the Minnesota Pollution Control Agency (N�CA),
Minnesota Department of Health (1VIDOI�, and other agencies before proceeding with
construction. The City shall provide field inspection to ensure an acceptable level of quality
control to the extent that the Developer's engineer will be able to certify that the construction
work meets the approved City standards as a condition of City acceptance. The Developer or
his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City
Council chambers with all the parties concerned, including Ciry staff, to review the program
for the constiuction work both for the grading and utility construction. Within thirty (30)
days after the completion of the improvements and before the security is released, the
Developer shall supply the City with a complete set of reproducible "Record Plan" dra.wings.
8. S�curit�. To guarantee compliance with the terms of this Agreement, payment of the costs
of all public unprovements and construction of all public improvements, the Developer shall
fumish the City with a cash escrow or irrevocable letter of credit from a bank("security") for
7(1R,76�. The amount of the letter of credit was caleulated as follows;
Engineering, Grading, Survey Monuments . . $ 85,000
Sanitary Sewer . . . . . . . . . . . . . . . . . . . . $ 81,230
Water Main . . . . . . . . . . . . . . . . . . . . . . $ 123,420
Storm 5ewer . . . . . . . . . . . . . . . . . . . . . $ 120,94p
Street Construction . . . . . . . . . . . . . . . . . $ 185,910
Street Lights . . . . . . . . . . . . . . . � ��
SusTOTar. . . . . . . . . . . . . . . . . . . . $ 602,500
Construction Engineering, plus 4% . . . . . . 24 Q
SUBTOTAL . . . . . . . . . . . . . . . . . . . �62�,�nn
Landscaping & Bituminous Trail . . . . . . . R2 l60
ToT�►t. . . . . . . . . . . . . . . . . . . . �:�
The bank and form of the letter of credit shall be subject to the approval of the City
Administrator. The letter of eredit shall be for a term ending December 31, 1998. 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, 1998, unless sixty (60) days prior to an
expiration date the bank notif'ies 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
obliga.tions of the Deveioper 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
December 31, 1998. 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 dra.w on
the letter of credit. With City approval the letter of credit may be reduced once per year, or
at the discretion and approval of the city engineer, as financial obligations are paid and public
improvements are completed to City's requirements.
Wensman7.dev
Page 4 of 10
9. Time nf Perfnrmance. The Developer shall install all required improvements enumerated in
Paragraph 7 which will serve the plat by July 31, 1996. 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.
10. ('=radin�Plan/Site ('Trading, The Developer shall submit to the City a site grading and
drainage plan for tlie entire plat 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 sunounded 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 and remain in place until the lot is seeded or
sodded. A twenty-foot openi.ng rock constiuction entrance (per Best Management Practices
specifications) shall be installed on ea.ch lot for construction deliveries.
11. Li�nse. The Developer hereby grants the City, 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.
12. Frncinn C'nntrol. 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 opera.tions
shall be reseeded within 72 hours after the completion of the work in that azea. Except as
otherwise provided in the erosion control plan, seed shall be rye grass or other fast-growing
seed suitable to the e�cisting soil to provide a temporary ground cover as rapidly as possible.
Sod is required on all slopes greater than ten percent (10�) or as directed by the city
engineer. Selected lots and/or building permits may contain a clause which requires
complete yard sodding prior to issuance of�ccupancy Permits. 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 plat 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 fa.ilure 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 dra.w 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.
Wensman7.dev
Page 5 of 10
13, Plan in�and Seeding. Prior to the City allowing occupancy, the Developer shall install
landscaping in accordaace with Section 8.3 of Ordinance B - City of Rosemount Zoning
Ordinance as well as the attached landscaping plan as appmved by the City.
14. S:lean 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 the Developer has received 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 Paragraph 12.
15. ��e�hin nf imnrnvementc, Upon completion and City acceptance of the work and
construction required by this Contract, the public unprovements lying within public rights-of-
way and easements shall become City property without further notice or action. The City has
the right, for perpetuity, to enter the property and make reasonable repairs, replacements, or
maintenance of the utilities as stated. The Homeowners' Association owns and is responsible
for all maintenance, repairs, and replacement of the storm sewer facilities outside of Ciry
rights-of-way, water services from and including the curb stops to the housing units, sanitary
sewer services from the eight-inch lateral line to the housing units, and all streets outside of
City rights-of-way, the water main and sanitary sewer lateral lines, plus water services from
the main to the curb stop, through the common areas of the plat are to be owned and
maintained by the City.
16. �Yarranf�. The Developer warranties 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. The Developer shall post
maintenance bonds or other security acceptable to the City to secure the warranties.
17. �nn�tv fn� r C'nstc.
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 plat 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 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.
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 refened to in this Contra.ct. This is a personal
obligation of the Developer, Herbert H. Wensmann DBA Wensmann Realty, and shall
Wensman7.dev
Page 6 of 10
.
continue in full force and effect even if the Developer sells one or more lots, the entire
plat, or any part of it.
D. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thiity (30) days 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 thirry (30) days shall
accrue interest at the rate of nine percent (9%) per year.
E. 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, sewer availability
charges ("S.A.C."), City water connection charges, City sewer connection charges, City
storm water connection charges and building permit fees.
F. The Developer shall pay all energy costs for street lights installed within the Wensmann
Seventh Addition until seventy-five percent (75�) of the lots are occupied. After that,
the Ciry will assume the energy costs.
18. S�iidin Permitc. No building permits shall be issued until:
A. The site grading has been completed and approved by the City and erosion control
measures are in place for the lot.
B. All public utilities must be tested, approved by the City Engineer, and in service. All
curbing must be installed and bacl�'illed, the first lift of bituminous must be in place and
approved by the City.
C. The City Public Works Director has certified that the timetable for construction of public
improvements is compatible with private home construcrion and occupancy.
D. The Developer, in executing this Agreement, assumes all liability and costs for damage
or delays, incurred by the City, in the construction of public improvements, caused by
the Developer, its employees, contractors, subcontractors, materialmen or agents. No
occupancy permits shall be issued until the public utilides referred to in paragraph 7 are
in and approved by the City, unless otherwise authorized in writing by the City Public
Works Director.
E. All No Parking Fire Lane signs shall be in place as required by the fire marshal.
19. Dpvpinn .r'c n .fa ilt. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the
Developer is first given notice of the work in default, not less than 48 hours in advance.
This 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.
20. MiccellanenLc,
Wensman7.dev
Page,�of 10
�
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state and federal la.ws and regulations includ'wg, 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
construction or development work in the plat until the Developer does comply. Upon the
City's demand, the Developer shall cease work unti.l there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the temns 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. No occupancy permit shall be issued until public improvements in paragraph 7 are in and
approved by the City.
F. The action or inaction of the City shall not constitute a waiver or amendment to the
pmvisions of this Contract. To be binding, amendments or waivers shall be in writi.ng,
signed by the parties and approved by written resolution of the City Council. The City's
failure to promptly take legal action to enforce this 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 attomey's fees, that the City incurs in assisting in the preparaxion of the
review.
H. This Contract shali 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 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 t.une 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 tune thereafter any other
right, power or remedy.
J. The Developer may not assign this Contrac't without the written pemussion of the City
Council. .
Wensman7.dev
Page 8 of 10
K. The City assumes no responsibiliry for the design, construction, maintenance, or
longevity of developer installed retaining walls.
L. Park Dedication will be a combination of cash and land dedication. A total of 1.6 acres
of land will be dedicated for park development. Outlot A, Wensmann Seventh Addition
will be dedicated to the City. The cash contribution will be in the amount of
$26,240.00.
M. Sidewalks will be installed by the developer on the north side of the east-west street
la.beled December Traii. Eight-foot wide bituminous trails will be constructed by the
developer south of CSA�i 42. If construction is deemed premature, then the value of the
delayed impmvement must be escrowed.
N. The Homeowners' Association previously referred to in this Agreement may not be
dissolved or otherwise relieved of obligations herein described without prior approval of
the City by recorded resolution of the City Council.
O. The Developer agrees to the assessments for the proposed Diamond Path trunk water
main project (City Project No. 267) which will be constructed sunultaneously as the plat,
and grants the City or its contractors the right of entry to construct this water main. The
preliminary estunate of this assessment is $14,115.00.
21. �totices. 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: 3312 151st Street West, Rosemount, MN 55068. 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 WIINESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
CITY OF ROSEMOUNT
BY:
E.B. McMenomy, Mayor
BY:
Susan M. Walsh, City Clerk
Herbert H. Wensmann
DBA Wensmann Realty
BY:
Its
BY:
Its
Wensman�.dev
Page 9 of 10
STATE OF MIlVNF.SOTA )
) �
COUNTY OF DABOTA )
The foregoing insttument was ackuowledged before me this da.y of_
, 1995, by E.B. McMenomy, 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 gianted by its City Council.
Notary Public
STATE OF 11✓l1NNi'SOTA )
) �
COUNTY OF DABOTA )
The foregoing instrument was acknowledged before me this day of_
, 1995, by and ,
Herbert H. Wensmann DBA Wensmanu Realty, a sole proprietorship.
Notary Public
DRAFrED BY:
City of Rosemount
28�5145th Street West
P.O. Box SIO
Rosemount, MN 55068-0SIO
Wensman7.dev
Page 10 of 10
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� 1 � = P, � , � �SHEET 2 oF 2 SNEETS
_ _.._.,�__s2 � _ ___ _ _ __ ------ ----__-- ___._. �_
TH ADDITION
� � � . I hereby certify that I have surveyed and platted the property desccibed � �
� � ' on this plat as WENSMANN SEVENTHADDITSONs that this plat is a correct � � � . �
� . representa4ion of the survey: Lhat all distances are correctly shown on .
- ' � � � the plat in feet and hundredths of a f oot: that all monuments will�be .
- � � � � KNO:� ALL bIEN BY THESE correctly placed in the ground as designatedj that the outside bpundary .
� . Wensmann Realty, a so lines are correctly designated on the plat; and Lhati there are no wet �
� � fee ownerst and First � lands as defined in Minnesota Statutes, Section 505•�Z��Subd. 1 or
� � ,. � association, mortgage public highway� to be designated other than as shown. .
� � th� ':o�:r.';: n!' ^,a'v�,•r:, � . .
. � ����The Northwest Cua LeHoy H. Bohlen, I.and :>urveyor �
� � . � � the East 1273.96 feet Minnesota Licen�e tic, t0795
Have caused the same � � � . � � . �
� :;ThTE 0} MINNF.SOTA � �
� � and do hereby donate � . .
� COUNTY OF �
� . . � County State Aid High . . �
� The foregoing 5urveyor's Certificate was acknowled�ed beSore me thi:'
� Ti'ail. 19__, hy LeHo�• H. Pohlen, .
� � day of . � �
for drainage and utili
. .. Min��esota I,icvrc:c� No. ]0795. .
Hlock 3. oP eaid platt � � .._._...____----- .
plat for drainaRa and Not:.ry�–�•�.:,lic._ _. . _„��r,i>�. kinn,..�:� .., . .
� � �. . County the right of ac My Commis:;inn h:r.i�ir�,:�__'__ . ---- � �
� ln witness wheieof said . � �
� � � flealty, a sole proprie ppproved by the Planning Commission �of the City nT Nosenourit.
� set their hands this Minnr.sota, at a reP.ular me.etiry� thereof, on the �aY .
� . � � of , !9_. . �
, Secretary � � � .
� Herbert H. Wensmann, do , Chairroan . ' �
� as Wensmann Realty, a s
� proprietorship .� � • t�— � .
l4e do hereDy certify that on the_daY ���
. �. the City Council of Rosemount, Minne�ota upnroved this plat. �
. STATE OF MTNNESOTA
COUNTY OF , r,lerk � . �
. � , Mayor' — . __.._—
� The Soregoing instrumen � � � �
, lqg E'ursuant to Section 387D.65, Minnesota Statutes, and tt,cr(,V�°�`4this
� � Wensmann Realty, a sole County Contiguous Plat Ordinance, this plat has becr. aS�Y � �
day of � 1'd_. � � � .
By:
� � . Gary H. Stevenson � . � � . .
Gakota County =�urveyor .
�ecretary� Uakota�Cour.ty
� }�lat Commission � � �
In witness whereof said �� � < � . � �
association, has caused � This plat of W£NSMANNSEYENtH ADDITION was approved pursuant to Mi.^.nn;;otz `
. � � this_day of � Statutes Chapter 50$ and pursuant to the Uakota County Conti�uous Plat
� Jrdirance and approved by recolution ef the fioard of "ommissioners ct'
;�akota County, Minnesota nt a rct"�•Lar meetinp o!' =�ni�: P�oard thi�'�__ � �
� � � FIRST BANK NATIONAL ASS � �,� � �
� . :f:� ' —----�—" — . � � .
Ay:
� County Roard Chair . . � � �
STATE OF MINNESOTA pttest: . . �
. � COUNTY OF County Auditor � �
. � The foregoing instrument � � �
199_, by . � . for�the Lard � � � '�.
� I hereby certify that the taxes for the Year 19_.� . .
� � Association, a national descriDed on Lhis plat as WENSMANN SEVENTN ADDITION, have been paid
� da of . 19_• . .
this__ Y ---------- . . � . � .
�� . � County Trea=urer � � �
� � � Uakota� �our.ty, Minnesota �- . . .
. .. , 1�_ . . . . � .
. . . No �eiinqu�r�' tax.,e :3ue and transier entered t!.i��_,�a>' °f_------. . . . .
py; -
� . . Co�.inty A�.�iit��f�. �. . . . ' . . . .
. . Uakota �'ount::. Minne.^.otu� . �
. . .ocumer'.L Y�T:GI__ " .i1,.; �, . t�e oftic� oT :hc County . . . . � .
Associated Surveying and Engil� 1 h rr[y c.�r:iT;, '.�.'�t •!��� :n��ru�n +t -- —, t,_` t`i�'clock_.M.
ihi'_f.�✓
p,,,,t,,�.� .c�d r :,�r r.•r,�: ,a , on F'aCu
. . . � `SUIYlyOl6 � `�•n•��"��i nnd wa.: du:: rr.,•ordrd �r, Pook_._ _.` —_.—__ . . . . . . .
i
` PS•: � -
. . � , ,v.ir.•�esota . .
SNEE.T 1 OF 2 SHE�TS
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