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Home My WebLink About11.a. West Ridge Fifth Addition Final Plat . ,, City of Rosemount Executive Summary for Action City Council Meetiag Date: March 25 1994 Agexida Itemz West Ridge Fifth Addition Agenda Section. Final Plat OLD BUSINESS Prepared By: Richard Pearson. Agenda Assistant Planner �� # 1 � .L Attacbments: Resolution; Development App ved : Contract; Final Plat. Mr. Tim Broback, Rosemount Development Co. , is requesting final plat approval for the West Ridge Fifth Addition., The 45 single family lots are the last phase of the West Ridge Residential Planned Unit Development. On February 22, 1994 the Planning Commission reviewed the proposed final plat and recommended approval. fihe improvements for the development will be a City praject and will be combined with Shannon Pond Third Addition that is currently pending Planning Commission review. Recommended Actions A MOTI�N to adopt A RESOLUTION AP�ROVIPIG ' THE WEST R3DGE FIFTH ADDITION FrNAL PLAT and authorizing the execution of the West Ridge �'ifth Addition Development Contract. City Council Action: 4-45-94.006 CITY OF ROSEMOUNT DAROTA COUNTY, MSNNES4TA RES�LUTION 1994- ' A RESOL'fTT'ION APPROVING THE � FINAL PLAT FOR WEST RIDGE FIFTB ADDITIDN ' �EREAS, the City Council of the City of Rosemount held a public i, hearing and approved the West Ridge preliminary plat, and I WSLREAS, on March 15, 1994 the City Council of the City of I Rosembunt held a public hearing to rezone the West Ridge Fifth Addition from AG Agriculture to R-1 Single Family Residential; and WHEREAS, the R-1 Single Family Residential zoning is consistent with the City of Rosemourit Comprehensive Guide Plan: Update 200D land use designation for subject property; and �PHEREAS, the R-1 Single Family Residential zoning is consistenC with the proposed single family development for subject property; and WBERTAS, the developer, Rosemount Development Co. , has made application for approval of the West Ridge Fifth Addition final plat; and WSEREAS, the final plat is in conformance with �he approved preliminary plat; and WHEREAS, the Planning Commission of the City of Rosemount reviewed the final plat on February 22, 1994 and has recommended approval of the West Ridge Fifth Addition final plat. NOqP, TSEREF�RE, BE IT RESOLVED, the City Couneil of the City of Rosemount hereby approves the West Ridge Fifth Addition final plat subject to the execution of the West Ridge Fifth Addition Development Agreement. ADOPTED this 15th day of March, 1994. E.B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: w8cxages.� �is,i�a Page 1 of 1 Development Contract West R.idge Fifth Addition AG , � r dated da.y of , 1994, by and between th� CTTY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and Ras�ivtourrr DEVELOPMENT CO., a Minnesota corporation, {the "Develaper"). 1. Request far Plat A�proval. The Developer has asked the City to approve a plat'of land to be known as WEST RIDGE FIFTH ADDITION (also referred to in this contract as the "plat"). The land is legally described as follaws: Outlot A in the plat of R/Esr RttvcE TxtxD ADnrrtorr, according to the recorded plat thereof. Together with that part of the Southwest Quarter (SW lk) of Section 31, Tawnship 115, Range 19, lying north of the plat of WEsr RtDCE T�uxn AnnrrtoN, according to the recorded plat thereof, east of the plat of W�sr Rtnc�Fot�tTx AnDrrtotv, and west, northwesterly, and north of the following described line: Beginning at a goint on the north line of"said Southwest Quarter (SW'la) distant 1629.26 feet east of the northwest corner of said Southwest Quarter (SW'/),the narth line of the Southwest Quarter (SW�/) has an assumed bearing of South 89 degrees 48 minutes 49 seconds East; thence South 00 degrees 11 minutes 11 seconds West 369.75 feet; thence � southwesterly along a tangential curve which is concave to the west, central angle of 22 degrees 59 minutes 58 seconds, radius of 308.81 feet, a distance of 123.96 feet; thence ', South 69 degrees 36 minutes 11 seconds West, not tangent to last described curve, , 112.64 feet; thence North 89 degrees 48 minutes 49 seconds West 119.90 feet; thence on , a bearing of South 119.90 feet to the northeast corner of said WEsr Rtn�E Tt�ti� ADDrrtort and said line there terminating. � ' 2. P.U.D. Ap roval. The City ha.s approved the West Ridge Planned Unit Developrnent in an , agreement, dated June 7, 19$7; West Ridge Planned Unit D►evelopment, Addendum No. 1, ' dated I�cember 20, 1989; and West Ridge Planned Unit Development Addendum Na 2, j dated February 4, 1992. ', 3. Conditions of Plat Ao rp oval. The Ciry hereby approves the plat on condition (1} approval of the grading and utilities plans by the City Engineer; (2) nezoni.ng the property fmm AG I Agriculture to R-1 Single Family R.esidential; {3) installation of sidewalks/trails along the south side of 156th Street West and the west side of Danville Avenue; and (4} execution of a development agreement to secure the construction of public improvements. 4• Phased Develoument. The City may refuse to approve final plats of subsequent addit�ons of the plat if the Developer has breached tius Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are apgroved by the City. Terms in this Development Contract and Development Contracts far subsequent phases shall be consistent with the West Ridge Planned Unit Development. wstitgdes.Agr March 11,1944 Page-1 of 9 II 5. Effeet of Subdivision Approval. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive PYan, 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 perrnitted by state Iaw the City may require compliance with any amendments to the City's Comprehensive Guide Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 6. Deveiopment 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 pla�. 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 Flan and Schedule Plan C -- Drainage and Stormwater Runoff Plan Plan D -- Plans and Specifications for Public Improvements Plan E -- Grading Plan and House Pad Elevations Plan F -- Street Lights 7. Installation by Developer. The Developer shall install or cause to be installed and pay for the following: A. Street Lights B. Setting of Lot and Block Monuments C. Surveying and Staking of work required to be performed by the Developer. �, D. Gas, Electric, Telephone, and Cable Lines E. Site Grading F. Landscaping 8. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 7 which will serve the Plat by September 1, 1994. The Developer may, however, request an extension of tirne 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 eompletion date. 9. Public Improvements. The following improvements, known as City Project #242, shall be designed and installed in the plat by the City: A. Sanitary Sewer B. Water C. Storm Sewer D. Streets E. Sidewalks Public improvements to be installed by the City shall be substantially completed by Agust 1994. WstRgdeS.Agr March 11,1994 Page 2 of 9 10. A.�sessment of Costs. The City shall assess the cost of the publie improvements referred to ' in Paragraph 9 together with administrative, planning, engineering, capitalized interest, ' legal and bonding costs against the piat. 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 af Occupancy for a structure built on a lot, all autstanding assessments against the lat 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 abjectians to the installation of the public improvements and the special assessments, including, but not limited to, hearing requirements and any clai.m that the assessrnents exceed the benefit to the property. The ' Developer waives any appeal rights otherwise available pursuant to M.S.A. §429.081. 11. Securitv. To guarantee compliance with the terms of this Agreement, payment of the costs of all public improvements and construction of all public improvements, the Develaper shall furnish the City with a cash escrow or urevocable letter of credit from a bank ("security") for $271,500. The amount of the letter of credit was calculated as follows: 1. The following figures are ealculated to be sixty percent (60�) of the estimated cost af City installed public improvements. Total 60% Sanitary Sewer $ 87,OQ0 $ 52,200 Water Main 7$,Q00 46,800 Storm Drain 38,000 22,800 Street 152,000 91,200 5idewalk 12,500 7,SQ0 TOTALS $ $ 220,500 2. One hundred percent (100%) of the estimated cost of Developer installed _imgrovements. � _ ��100%� Grading $ 30,000 — Survey Monuments 4,000 Landscaping 9,OQ0 Street Lights 8,000 TOTAL $ Total Amount of Letter of Credit $ 271,500 The bank and form of the letter of credit shall be subject to the approval of the City Administrator. The letter of credit shall be for a term ending December 31, 2004. In the altemative, the letter of credit rnay be for a one (1) year term provided it is automatically renewable for successive one year periods from the present vr any future expiration dates with a fuial expira.tion date of December 31, 20(}4, unless sixty (60) days prior to an WstRgdeS:Agr March 11,1994 Page 3 of 9 expiration date the bank notifies the City that i� 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 th� letter of credit will be allowed to lapse before December 31, 2004. In the event of a default under tlus Iyeveloprnent 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 nat 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 obligatians are paid and public improvements are completed ta City's requirements. 12. Grading Plan/Site Gradin,g. The Developer shall submit to the City a site grading and drainage plan for the 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 prior to the awarding of the contraet by the City for installation of utilities. Developer shall furnish the City � Public Works Director satisfactory proof of payment for the site grading wark and shall ', submit a cerkificate of survey of the development to the City after site grading, with street ', and lot grades, prior to the awarding of the contract of installation of utilities. All unprovements to the lots and the final grading shall comply with the grading plan as submitted and shall be the responsibility of the Developer. 13. License. T'he Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appmpriate by the City during the installation of publie 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 erosian control plan, Plan B, shall be implemented, inspected and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded within 72 hours after the campletion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be rye grass or ather 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 retendon. All basement andior foundation excavation spoil piles shall be kept completely off City right-of-way and shall be completely sunounded with an approved erosion contral 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 pla.ce until the lot is seeded or sodded. A 20 foot opening will be allowed an each lot for construction deliveries. The parties recognize that time is of the essence in controlling erosion. Tf 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. This right also applies to the required erosion control for basement and/or foundation excavation spoil piles. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's or City's rights or obligations hereunder. If the Developer does not reimburse wscxga�s,�r r�n ii,i9sa Page 4 of 9 the City for any cost the City incurred for sueh work within thirty (30) da.ys, the City tnay !, 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 contral % requirements. � 15. Planting and Seeding. Prior to the City allowing occupancy, the Develaper shall plant one (1) two-inch caliper deciduous tree on each street frontage of each lot and the Developer shall also sod the boulevards, all at its own cost. 16. Clean ua. 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 mea.sures to clean dirt and debris from the streets. After 24 hours verbal notice to the developer, the City will com�lete or contract to complete the clean-up at the Developer's expense as per the conditions under Paragraph 14. 17. Ownershin of Improvements. Upon connpletion 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. Warrantv. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the City. All trees, grass and sod shall be warranted to be aiive, 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 wamanties. 19. Responsibilitv for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat including, but not limited to, Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurned in connectian with approval and acceptance of the plat, the preparation of this Contract, and all costs and expenses incurreci by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its offieers and employees harmless from clairns 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 attorney's fees. C. The Deveioper shall reimburse the City for costs incurred in the enforcement of this Contra.ct, including engineering and attorney's fees. D. The Developer shall pay, or cause to be paid when due, and in any event befare any penalty is attached, all special assessments refened to in this Contract. This is a personal obligation of the Developer, Rosemount Development Co., and shall continue in full force and effect even if the Develaper sells one or more lots, the entire plat, or any part of it. ws ae5, r � � March il,i994 Page 5 of 9 I -- ---- -__ _ _ ____ E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development work and construetion including, but not limited to, the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9�) per year. F. 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 chazges, City stormwater connection charges and building permit fees. At the present time, the City policy is to collect 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 plat until sevenry-five percent (75%) of the lots are occupied. After that, the City will assume the energy costs. 20. Building Permits. No building permits shall be issued until: , A. The site grading has been completed and approved by the Ciry. I�, B. All public utilities must be tested, approved by the City Engineer, and in service. All I' curbing must be installed and backfilled, the first lift of bituminous must be in place '�, and approved by the City. �iowever, this requirement may be waived by the City ' Director of Public Works in the event Developer provides an altemative access to the ' building site. Alternative accesses installed and maintained by Developer must , ' provide all weather access to the building site for public safety, construction, �, inspection, and construction delivery purposes. �, C. The City Public Wvrks Director has certified that the timetable for construction of ` public improvements is compatible with private hame construction and occupancy. D. The Develoger, in executing this Agreement, assumes all liabiliry and costs for damage or delays, incurred by the City, in the construction of public impmvements, caused by the Developer, its employees, contractors, subcontractors, matenalmen or agents. No occupancy permits shall be issued until the public streets and utilities referred to in paragraph 7 and 9 are in and approved by the City, unless otherwise authorized in writing by the City Publie 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 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 fvr 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. WstRgdeS.Agr March ii,1994 Page 6 of 9 , , .� ', 22. Miscellaneous. 'I A. The Deveioper represents to the City that the'plat complies with all city, county, metropolitan, state and federal la�vs 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 constructian or develapment work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is campliance. 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 ta third parties. D. If any portion, section, subsection, sentence, clause, paragraph or ptira.se of this Contraet is for any rea:son held invalid, such deeision 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 lia.bility and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materia.lmen, employees, agents or third parties. No occupancy permit shall be issued until public improvements in paragraph 9 are in and approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments 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 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 fram 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 preparatian of the review. I-i. This Contract shall run with the land and may be r�corded against the title to the pmperty. After the Developer has cornpleted the work required of it under this Contract, at the Developer's request, the City will execute and deliver to the Developer a release. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed ws�.x�a�s.a�.gr �,�b ii,i� Page 7 of 9 � . . expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or rernedy. J. The Developer may not assign this Contract without the written permission of the City Council. 23. Notices. Required notices to the Developer shall be in writin�, and shall be either hand delivered to the Developer, its empioyees or agents, or mailed to the Developer by registered mail at the following address: 3480 Upper 149th Street West, Rasernount, MN SSObs. Notices to the City shall be in writing and shall be either hand delivered ta the City Administrator, vr mailed to the City by registered mail in care of the City Administrator at the following address: Rosemount City Hall, 2875 146th Street West, Rosemount, MN I 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; E.B. McMenamy, Mayor _ BY: Susan M. Walsh, City Clerk ROSEMOUNT DEVELOPMENT CO. BY: Its President BY: Its STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1994, by E.B. McMenomy, Mayor, and Susan M. Waish, City Clerk, of the City of Rosemount, a Minnesota municipal carporation, an behalf of the carporation and pursuant to the authority granted by its City Council. Notary Public wscxga�..�r March 11,1994 Page S of 9 ♦ 1 v STATE OF IVIIN1�tESOTA ) ) SS COUNTY OF DAKOTA ) The foregaing instrument was acknowledgect before me this day of , 1994, by , President, and , , Rosemount Development Co., a Minnesota Corporation, on behalf of the partnership. Notary Public Drafted By: G�ty of Rosemount 2875 146th Street West ' P.O. Box S10 i Rosemount, MN 55068 �I wscx$a�s.� �a,ii,��a Page 9 of 9