HomeMy WebLinkAbout7.b. Country Hills 8th Addition Final Plat + � City of Rosemount
Executive Summary for Action
City Council Meeting Date: September 6, 1994
Agenda Item: Country Hil1s Eighth Agenda Section:
Addition: Final Plat NEW BUSINESS
Prepared By: Richard Pearson Agenda Na:
Assistant Planner ��E� � � �
Attachments: Resolution; Application; Approved By: .
Development Agreement; Final
Plat.
Mr. Lee Johnson, Senior Vice President of U.S . Homes, Inc. , is .
requesting approval of three single family lots. This plat will
exhaust the supply of vacant land in the Country Hills Residential
Planned Unit Development. An agreement has been reached with the
Kelley Trust to trade 0 . 15 acres each of property to make the plat
possible.
On August 23, 1994 the Planning Commission reviewed the final plat
for Country Hills Eighth Addition and recommended approval. All
three lots average 89 feet wide at the building setback line and
lot depth ranges between 130 and 141 feet. Services have been
provided with the construction of Shannon Parkway and a previous
construction project so that the lots can be readily hooked up.
The property is in the R-1 Single Family (detached) District. The
three lots exceed all of the dimensional standards specified by the
Zoning Ordinance. The property is also within the Metropolitan
Urban Services Area (MUSA) .
Recommended Action: A MOTION to adopt A RESOLUTION APPROVING THE
FINAL PLAT FOR COUNTRY HILLS EIGHTH ADDITION subject to an
approved grading and utility plan and to authorize execution of
the Country Hills Eighth Addition Development Contract.
City Council Action:
9-06-94.003
� �
F. The Developer shall pay all energy costs for street lights installed within the Country Hills
Eighth Addition until seventy-five percent (75%) of the lots are occupied. After that, the
City will assume the energy costs.
16. Building Fermits. No building permits shall be issued until:
A. The site gxading has been completed and approved by the City.
B. A11 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 must be in place and
approved by the City.
C. The City Public Warks Director has certified that the timetable for construction of public
improvements is compatible with private home construction and occupancy.
D. The Developer, in executing this Agxeement, assumes all liability and costs for damage ar
delays, incurred by the City, in the construction o£public improvements, caused by the
Developer, its employees, contractors, subcontractors, materialmen or agents. No
occupancy permits shall be issued until the public utilities referred to in paragraph 7 are
in and approved by the City, unless otherwise authorized in writing by the City Public
Worl<s Director.
17. 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
Contxact is a license £or 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.
1$. Miscellaneous.
A. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state and federal laws and regulations including, but not limited to:
� subdivision ordinances, zoning ordinances and environmental regulations. If the City
determines that the plat does not comply, the City may, at its option, refixse to allow
construction or development worlc in the plat until the Developer does comply. Upon the
City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under tlus Contract.
C. Breach of the terms of this Contaract 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 Contxact.
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F
CITY OF ROSEMOUNT
DAROTA COIINTY, MINN�SOTA
RESOLIITION 1994-
A RESOLIITION APPROVIPTG THE
FINAL PLAT FOR COUNTRY HILLS SIG8T8 ADDITION
WHEREAS, the City Council of the City of Rosemount held a public
hearing and approved the Country Hills preliminary plat; and
DPHEREAS, the developer, U.S. Homes, Inc. , has made application
for approval of the Country Hills Eighth Addition final plat; and
D�IHERRAS, the final plat is in conformance with the approved
preliminary plat; and
WHEREAS, the Planning Commission of the City of Rosemount
reviewed the final plat on August 23, 1994 and has recommended
approval of the Country Hills Eighth Addition final plat.
NOD�1, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the Country Hills Eighth Addition final
plat subject to the execution of the Country Hills Eighth
Addition Development Agreement.
ADOPTED this 6th day of September, 1994.
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh,` City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Ctryhil8.fn1
Sept.6, 1994
�
IN WITNESS 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 Clerlc
U.S. HOME CORPORATION
BY:
Its
BY:
Its
STATE OF MINNESOTA �
� ss
COUNTY OF DAKOTA �
The foregoing instnxment was acknowledged before me thiis day of_
, I994, 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 granted by its City Council.
Notary Public
STATE OF MINNESOTA )
� Ss
COUNTY OF DAKOTA �
The foregoing instrument was acicnowledged before me this day of_
, 1994, by and , U.S. Home
Corporation, a Delaware Corporation, on behalf of the partnership.
Notary Public
DRAFTED BY:
City of Rosemount
2875 145th Street West
P.O. Box SI O
Rosemount, M1V 55068-OS:t 0
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Page 7 of 7
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I2, Planning Commission Action: _ D ce:
13. City Council Action: • Date:
I4. Condivans or Rec�uirem�nts:
Al7 acpplYcatiorss raust include a copy of the property owner's Du,plicate Cert�fcate of�"'ttte if the property
is recarded ,under the 7"orrens syster�n.
NQ,�„'�: A.�p�.ICATIONS ARE NOT CO1v�LE'T� UNTII. � �QUIRED S[JBI�IISSYONS �TAVE BEET� ItEC�S'VED.
ACI[1V�WLEDGEMENT AND SIGNA?U1�L�:
1"HE UrVDERSIGNBD APPLI'C.4N7' 19'EREBY REPRESENTS UPOtY ALr, OF TF�F. PENALTI'L�S OF TH� I.�W, Ttl�
PURPDSE QF tNbC1CING 7Y9'L� Cl'TY OF l�OSE�VIOUN?' T4 TAK� ACllON H�EREIN REQT'JL�'S7'E'D, Tf�AT ALt.
STATEMENTS HEREIN A.RE TRl1'� ANl'3 7'AAT ALL WORK HEREIN MLCN77'ONEA WILL BE DONL� 1'N AGCURDANCL
W1TfI TA'E ORDINANCE OF Tl�'� CY7`f' OF 12DSEMOUNT, AND THE CAVVS OF TI�E STATE 4F M1`NNESOTA, AND
TflAT TBE UNDERSICNED APPLICANT WILL PA Y' A� FE,�S AND C13A.RCxES INCU1712EA BY THE CITY R01Z 7'fXX's
EXAMINATIOIY AND REVIEW OF THIS P�T'17701V'.
Signature of Applicant Signature of Prop Qwner
�- � �- 9� �-��- 9��
Date Date
FNLPLTAP.93-2
2
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J. Setting of Lot and Block Monuments
IC Surveying and Staking"of work required to be pezformed by the Developer
L. Gas, Electric, Telephone Lines, and Cable Lines
The City shall reimbwrse the Developer for core facilities that the Developer installs at the
difference between core and lateral costs as determined by the City Public Works Director
and approved by the Utility Commission. The improvements shall be installed in accordance
with City standards, ordinances and plans and specifications which have be prepared by a
competent registered professional engineer furnished to the City and approved by the City
Public Worlcs Director. The Developer shall obtain all necessary permits from the Minnesota
Pollution Control Agency (MPCA), Minnesota Departm.ent of Health (MDOH), and other
agencies before proceeding with construction. The City shall provide field inspection to
ensure an acceptable level of quality control to the e�ctent that the Developer's engineer will
be able to cex�tify 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 City staff, to review the program for the constxuction work. Within tlurty (30) days
after the completion of the improvements and befare the security is released, the Developer
shall supply the City with a complete set of reproducible"Record Plan" drawings.
6. Securi . To guarantee compliance with the terms of this Agreement, payment of the costs of
all public improvements and construction of all public improvements, the Developer shall
furnish the City with a cash escrow or irrevocable letter of credit from a bank ("security") for
$2,380.00 The amount of the letter o£credit was calculated as follows:
Engiineering, Grading, Survey Monuments . . . . . . $ 2,000.00
Landscapin.g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00
ToT�. . . . . . . . . . . . . . . . . . . . . . . . $ 2,300.00
Construction Engineering, plus 4% . . . . . . . . . . 80.00
ToTwi. . . . . . . . . . . . . . . . . . . . . . 2 380.00
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, 1996. 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 fizial expiration date of December 31, 1996, unless sixty (60) days prior to an e�cpiration
date the banlc notifies the City that it elects not to renew for an additional period. The letter
of credit shall secure compliance with the terms of this Contract and all financial obligations
of the Developer under it. The City m.ay 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,
1996. In the event of a default under this Development Contract by the Developer, the City
shall filrnish the Developer with written notice by certified mail of Developers default(s)
under the terms of this Developm;ent Contract. If the Developer does not remove said
default(s) within two (2) weeks of receiving notice, the City may draw on the letter of credit
With City approval the letter of credit may be reduced once per year as financial obligations
are paid and public improvements are completed to City's requirements.
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Page 2 of 7
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Name of Consulranr Telephone �to.
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N'ame of Properry Owner
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Address of Property Owner Telephone No.
7. �
: urrent Zoning Pr�oposed Zoning (if applicable)
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Present �'Ise Proposed �I'se ('�aPplicableJ
9. v?oo.a�
Final Plas Fee: $300. Recei ved 8'y
I0. Location Map of Property(ies) Involved Attached? Su Btil�Ti�,=�
Currcnt Description(s} and 5urvey Attached? Su,�3�'!�T�'b U
R.evised Description(s) and Survey Attacl�ed? SrAaM�7'T�/�
6. Project Descriptiort: �E/��C�t1 T O� c�'7Gt T�.o T l� A Gc-o�e.�R•NG�;
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12. Clean up. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, its agents or assigns. The City will i�cispect 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 c�ean-up at the Developer's expense, as per the
conditions under Paragraph 12.
13. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Contract, the public improvements lying within public rights-of-
way and easements shall become City property without fi�rttier notice or action.
14. Warrantv. The Developer warranties all work required to be perfornned by it against poor
material and£aulty workmanship £or a peziod of twa (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 £or twelve (12) months after planting. The Developer shall post maintenance
bonds or other security acceptable to the City to secure the warranties.
15. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the
City in conjunction with the development of the plat including, but not linnited 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 incwrred 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 £or all costs, damages or eapenses which the City may pay or incur in
consequence of such claims, including attorney'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. This is a personal
obligation of the Developer, U.S. Home Corporation, and shall continue in full force and
effect even if the Developer sells one or more lots, the entire plat, or any part of it.
D. The Developer shall pay in full all bills submitted to it by the City for obligations izicwrred
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 construction including,but not limited to,
the issuance of building pezmits 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 referred to hereiin, 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.
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Page 4 of 7
,
Development Contract
COUNTRY HILLS EIGHTH ADDITION
AGREEMENT dated this day of , 1994, by and between the CITY OF
ROSEMOilNT, a Minnesota municipal corporation, ("City"), and U.S. HOME CoRPORATION, a
Delaware corparation, (the "Developer").
L ,Request for P1at A� roval. The Developer has asked the City to approve a plat of land to
be known as COLJNTRYHILLS EIGHTHA.DDITION (also referred to in this contract as the
"plat").
2. P.U.D. A� roval. The City has approved the Country Hills Planned Unat Development in
an agreement, dated July 22, I986,Addendum I, dated June 2, I987, and Addendum II,
dated June 18, 199 L
3. Conditions of Plat Ap roval. The City hereby approves the plat on condition of 1)
approval of a grading plan by the city engineer and 2) execution of a Subdivision
Development Agreement.
4. Development Plans. The plat shall be developed in accordance with the following plans.
The plans shaIl not be attached to this Contract. With the exception of P1an 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 Runo£f Plan
Plan D -- Plans and Specifications for Public Improvements
Plan E -- Grading Plan and House Pad Elevations
Plan F -- Street Lights
5. Improvements. The Developer shall install or cause to be installed and pay for the following:
A. Sanitary Sewer
B. Water
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Boulevard Sod
G. Street Lights
H. Sidewallcs and Trails
I. Street Signs
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Page 1 of�
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E. If building pexmits are issued prior to the completion and acceptance of public
improvennents, the Developer assuxnes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contxactors, subcontractors, materialmen, employees, agents or third
parties. 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
provisions o£this Contract. To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolutaon of the City Council. The City's
failure to promptly take legal action to enfarce this Contract shall not be a waiver ar
release.
G. The Developer represents to the City to the best of its knowledge that the plat is not of
"metropolitan signifiicance" and that an envirorunental impact statement is not required.
If the City or another governmental agency determines that such a review is needed,
however, the Developer shall prepare it in compliance with legal requirements so issued
from the agency. The Developer shall reimburse the City for all expenses, including staff
time and attorney's fees, that the City incurs in assisting in the preparation of the review.
H. This Contract shall nui 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 ar 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 expeclient by the City and
shall not be a waiver of the right to exercise at any time thereafter any other right, power
or remedy.
J. The Developer may not assign this Contract without the written permission of the City
Council.
I<. the City assumes no responsibility for the design, construction, maintenance, ar longevity
of developer installed retaining walls.
19. Notices. Required notices to the Developer shallbe 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: 8421 Wayzata Boulevard, Suite 300, Golden Valley, MN
55426. Notices to the City shall be in writing and shall be either hand delivered to the City
Admuustrator, ar mailed to the City by registered mail in care of the City Administrator at
the following address: Roseniount City Hall, 2875 145th Street West, Rosemount, MN
55068. Attention: City Aciininistrator.
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Page 6 of 7
7. Time of Performance. The Developer shall install all required improvements enwmerated in
Paragraph 7 which will serve the plat by July 31, 1995. 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.
8. Gcading Plan/Site Grading. 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. Developer shall
fiunish 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-
o£way and shall be completely surrounded with an approved erosion control silt fence. The
City also requires that approved erosion control fencing be installed around the perimeter of
each lot at the tune of building permit issuance and remain in place until the lot is seeded or
sodded. A twenty-foot opening will be allowed on each lot£or construction deliveries.
9. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all worlc and inspections deerned appropriate
by the City during the installation of public improvexnents by the City. The license shall
expire after the plat has been developed.
10. Erosion Control. Prior to site grading, and be£ore any utility constxuction is commenced or
building permits are issued, the erosion cantrol plan, Plan B, shall be implemented, inspected
and approved by the City. .All areas disturbed by the excavation and backf'illing operations
shall be reseeded within 72 hours after the completion of the work in that area. Except as ,
othexwise 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 contxolling erosion. Tf the plat development
does not comply with the erosion control plan and schedule or supplernentary instructions
received from the City, the City may take:such action as it deems appropriate to control
erosion, includi�g 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. If the Developer does not
reimburse the City£or any cost the City incurred for such worlc within thirty (30) days, the
City may draw down th� 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.
11. Planting and Seedin,.g. Prior to the City allowing occupancy, the Developer shall plant one
(1) two-inch caliper deciduous tree on each street frontage of each lot and the Developer shall
also sod the boulevards, all at its own cost.
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� O DENOTESI,:
° MONUMENT
s
BY R.L:S.NC�
4 � ° 1 YEAR FROr
_�_ � �—.L— THISPLAT.
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