HomeMy WebLinkAbout4.a.4. Adoption of Revised Protective Convenants . � '
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
PORT AUTHORITY MEETING DATE: FEBRUARY 15, 1994
AGENDA ITEM: CONSIDERATION OF REVISED AGENDA SECTION:
PROTECTIVE COVENANTS OLD BUSINESS
i pREPAr�ED Blr: JOHN MILLER, AGENDA NO.
ECONOMIC DEVELOPMENT COORDINATOR 4 . A. (4)
ATTACFII�iENTS: DRAFT COVENANTS AP VE .
• Z2'G:A�
Additional discussions of the proposed protective covenan�s for the
business park was held at the port authority' s January 25 meeting. The
members reviewed the document and its unresolved issues, e.g, lighting
requirements, and made several recommendations for change.
Attached please find an amended draft supplied by legal counsel Miles. We
believe this revision will provide the additional land use protection the
commission desires.
RECOirIlKENDED ACTION: Motion to approve and record the (amended)
protective covenants for the Rosemount Business Park.
PORT AIITH4RITY ACTIONz
M E M 0 R A N D U M
TO: Chair Kevin Carroll and Members of the Rosemount Port
Authority .
FROM: Mike Mileg��
, ity Attorney
DATE: February 10, 1994
RE: Second Revision to Protective Covenants for Business Park
Attached is a re-revised version of the proposed protective
covenants for the Rosemount Business Park. The only change from
the draft you reviewed on January 24, 1994 is in Section VZI {B) on
page 5 . This change simply indicates that any lights 30 feet or
more in the air must have shielding to protect from "inappropriate"
glare on adjacent parcels .
Please contact me if you have any questions .
JMM:gmo
DECLARATION OF PROTECTIVE COVENANTS AND DEVELOPMENT STANDARDS
THIS DECLARATION, made this day of
199 , by the Rosemount Port Authority, an ageney of the City of
Rosemount, Minnesota {hereinafter calle�, "Declarer" ) ;
RECITALS '
• Declarer is the owner of the Premises lying and being in
the County of Dakota, State of Minnesota, described as
follows :
The North 1/2 of the Northeast 1/4
of Section 32, Township 115, Range
19, except the South 13 feet of the
East 525 feet thereof .
(hereinafter called "Premises" ) .
� Declarer is desirous of subjecting the Premises to the
conditions, covenants, restrictions and reservations
hereinafter set forth to ensure development, improvement
and use of the P�emises in a manner acceptable to
Declarer so as to:
(a) Protect the Premises from unacceptable development,
improvement and use;
(b) Guard against erection on the Premises of
structures built of materials unacceptable to
Declarer or which are unattraetive to Declarer in
appearance of design;
(c) Ensure development of the Premises in a form
adequate and reasonable to Declarer;
(d) Provide adequate off-street parking space and
loading facilities, sign controls and setbacks; and
(e) In general, provide a development that will promote
the general welfare of the Premises .
The foregoing paragraphs (a) through (e) are hereinafter
collectively called the ( °General Criteria Standards" ) .
NOW, THEREFORE, Declarer hereby states that the Premises shall
be developed in accordance with the fo].lowing standards and
guidelines and in conformance with the General Criteria Standards
and shall apply to and bind each and every owner and successor-in-
interest thereaf and are imposed upon the Premises as a servitude
in favor of Declarer only for the benefit of Declarer and such
assignee of Declarer as shall be given the right to enforce the
provisions hereof by written instrument recorded in the office of
the Registrar of Deeds, Dakota County, Minnesota, but only if such
assignment specifically gives the assignee the right to enforce
this Declaration. Mere purchase of the Premises or any part or
partial thereof shall confer no right to enforce the provisions
hereof . Furthex, such conditions, covenants, restrictions and
reserv�tions shall operate as covenants passing with the title to
the Premises and are as follows :
SECTION I. DEFINITION OF TERMS. The following terms and
words as used in the context herein shall be defined as follows:
A. BuildinQ Site. Shall mean any lot or portion thereof, or
two or more contiguous lots , or portions thereof, or a parcel of
land upon which an industrial or commercial building or buildings
or appurtenant structures may be erected in conformance with the
requirements of this Declaration.
B. Declarer. Shall mean the Rosemount Port Authority, its
successors and assigns .
C. Improvements . Sl�rall mean and include all construction
necessary to erect a building and other improvements on the
Premises for a use permitted by the zoning ordinances by the City
of Rosemount, Minnesota, and shall include the building, parking
areas, loading areas, driveways, sidewalks , fences , lawns,
landscaping' �- lighting� f�--f� �.,t.�r�J•
D. Owner. Shall mean the party or parties, their heirs,
successors or assigns who are entitled or claim title to any part
or parcel of the Premises .
E. Street. Shall mean a right-of-way dedicated to the
public or in respect to which an easement has been granted to the
public .
SECTION II. PERMITTED USES AND PERFORMANCE STANDARDS.
A. Except as further provided in this Declaration, the
permitted uses for the Premises are as contained in the zoning
designation business park set forth in City of Rosemount, Minnesota
Ordinance B.
B. No noxious or offensive trades, services or activities
shall be conducted on the Premises, nor shall anything be done
thereon which may be or become an annoyance or nuisance to Declarer
by reason of unsightliness or excessive emission of odors , fumes,
smoke, vibration, dirt, dust, glare, waste or noise.
C. In no event shall the Premises be used for the following
purposes : used material yard or any type of exposed open sales or
storage materials, or any use which would create an excessive
amount of sewage or a quality of sewage which would cause a
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disposal problem or for manufacture, storage of sale of explosives
oz similar dangerous products .
SECTION III . PERFORMANCE STANDARDS.
Declarer finds it impracticable to set measured minimum or
maximum standards for contral of noise, vibration, dirt, dust,
smoke, odor, glare and waste within a business park area.
Therefore, in order to protect its interest in the Premises and to
enable Declarer to develop the Premise in an orderly fashion,
complete architectural and engineering plans for any proposed
improvement to be constructed on any portion of the Premises shall
be submitted by Owner to Declarer prior to the commencement of any
development or construction of any improvement on any portion of
the Premises . Such plans shall contain, at a minimum, the items
and information required by Sections IV, V, VI and VII of this
Declaration, and shall further contain suffieient engineering data
to enable Declarer to determine whether the proposed improvement
will operate within acceptable limits of noise, vibration, dirt,
dust, smoke, odor, glare and waste.
SECTION IV. OFF-STREET PARRING AND LOADING.
A. Adequate off-street parking shall be provided by Owner
for both customers and employees . Parking on the street side of
any building on the Premises shall be limited to customer or guest
parking.
B. No parking area shall be allowed without appropriate
boulevards and landscaping so as to "break up" such parking
expanse. The Architectural Review Committee established in Section
VIII, below, shall make final determinations as to the adequacy of
parking boulevards and landscaping.
C. Off-street loading space shall be provided and such space
shall not be part of the area allocated as required for off-street
parking space.
D. Truck loading and receiving areas shall not be on the
street side of any building; provided, however, as applies in the
case of other restraints, Declarer reserves the right to review and
permit such areas on the street side of any building where the
facilities are so screened as to be aceeptable to Declarer.
E. All off-street parking, driveways and loading areas shall
be properly surfaced to control dust and properly graded to assure
proper drainage. The entire perimeter of all parking lots, and the
outside boundaries of all traffic islands and driveways, shall be
concrete curbing.
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F. From and after the date a building is constructed on a
building site on the Premises, the Owner of such building site
shall maintain adequate on-site parking spaces and loading
facilities to serve the needs of each such building site, taking
into account, the building or buildinqs located or to be located
thereon, and the use made or to be made thereof, and shall keep
such parking areas, driveways and loading areas surfaced with
asphalt or concrete and properly kept and maintained at all times .
G. No on-street parking or loading will be permitted.
SECTION V. LANDSCAPING, OIJTSIDE STORAGE AND MAINTENANCE.
A. Sites on the Premises occupied by a building shall be
landscaped in accordance with a plan approved by the Declarer.
Such landscaping shall include sodding, planting of trees, shrubs
and other customary landscape treatment and shall be completed in
accord with the minimum standard set forth in City of Rosemount
Ordinance B. Al1 such sites shall have an underground
sprinkling/irrigation system or other mechanism or system which
will properly maintain the landscaped areas .
B. All buildings shall have foundation plantings of at least
one plant per five linear feet of building foundation.
C. The landscape development having once been installed in
accordance with an approved pian, shall be kept and maintained in
a neat and adequate condition, which shall include lawns mowed,
edges trimmed, and trees and shrubs kept in good condition and
appearance.
D. The approved plan for landscaping a building site may not
be altered substantially without submitting a revised plan to
Declarer for approval .
E. The Premises shall at all times be kept free from debris,
paper, excessive leaves, branches and trash of all kinds .
F. Outside storage of materials, equipment, products and
trash is permitted, provided that such outside storage is screened
completely from view and is not on a portion of the Premises
fronting on any street designated as a major or minor arterial or
a collector street under the transportation element of the City of
Rosemount' s Comprehensive Guide Plan.
G. Nothing shall be done on any building site which
interferes with the natural drainage of surface waters.
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SECTION VI. SIGNS.
A. Al1 requests for signs to be located on any part or
parcel of the Premises shall be submitted to Declarer for approval.
Deelarer shall consider any such application in light of the
General Criteria Standards set forth in this Declaration and shall
either approve the proposed signs as submitted or require that the
proposal be altered so that any signs constructed shall be in
conformance with the General Criteria Standards .
B. The following requirements regarding signs shall also
apply on the Premises .
1 . Only wall and monument type signs shall be allowed
on the Premises .
2. If a monument sign is proposed, it must be comprised
of the same materials as the principal building structure on
that portion of the Premises and no space shall be allowed
between the bottom of the monument sign and the ground.
3 . No sign shall be what is known as an advertising
sign, advertising businesses or products other than those
sold, manufactured or warehoused on the part or parcel of the
Premises on which the sign is located.
4 . No sign shall have in use, any flashing, pulsating
or ro�ating light or lights.
5 . No sign shall be located on a rooftop.
6 . No sign shall violate any ordinances of the City of
Rosemount, Minnesota.
SECTION VII. LIGHTING.
A. All lighting on any parcel or part thereof on the
Premises shall be approved by Declarer and shall be consistent with
ordinances of the City of Rosemount, Minnesota, and with any sign
requirements applicable to the Premises .
B. All lights located over 30 feet above the ground directly
thereunder shall be shielded in a matter satisfactory to the
Declarer so that no inappropriate glare will be apparent to persons
on adjacent parcels within or without the Premises .
C. No direct area lighting shall be cast onto adjacent
property by any lights installed on the Premises .
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SECTION VIII. ARCHITECTURAL REVIEW.
A. No improvements shall be erected, placed or altered on
any part or parcel of the Premises until the building ar other
alteration, plans, specs, including front elevations and/or
architect' s rendering, and a site plan showing the location of such
improvement on the Premises, including parking, loading and
landscape plans, have been submitted to and approved, in writing,
by Declarer, which shall constitute the Architectural Review
Committee, as to conformity and harmony with existing and plan
structures on the balance of the Premises and as to location of the
improvements on the building site, giving due regard to the
anticipated use thereof, as it may affect adjoining structures, use
and operations , and as to location of the improvements with respect
to topography, grade and finished ground elevation, and as to
fulfilling the purposes of this Declaration, and the General
Criteria Standards . Declarer shall undertake these
responsibilities by causing all or a portion of its members to sit
as an architectural review board.
B. All improvements shall be constructed in conformity with
the existing building codes of the Citg of Rosemount, Minnesota.
C. All building plans shall be prepared by an architect duly
licensed under the then-existing registration laws of the state of
Minnesota .
D. Any building erected on any part or parcel of the
Premises shall be of concrete masonry construction, its equivalent
or better. The architectural treatment on the exterior perimeter
walls (i .e. , those facing the boundary lines of the building site)
of the building, shall be one or more of the following:
1 . Face brick.
2 . Architectural precast concrete panel .
3 . Glass .
4 . Stone.
5 . Decorative block.
6 . Other materials when approved by Declarer in
writing.
E. All buildings shall be constructed so as to screen all
electrical and mechanical equipment on the raof or to secure all
such equipment mounted at ground level by screening approved by
Declarer.
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F. Metal buildings shall not be permitted without
architectural treatments satisfactory to Declarer.
G. Declarer shall not be liable to anyone in damages or
otherwise who has submitted plans for approval or to anyone by
reason of mistake in judgment, negligence or nonfeasance of itself,
its agents or employees, arising out of or in connection with the
approval or disapproval of any such plans or any action or inaction
in connection with this Declaration. Similarly, any person, firm
or corporation that submits plans ta Declarer for approval, or
becomes an Owner, agrees not to bring any action or suit to recover
any damages or other relief against Declarer.
SECTION IX. UNDERGROUND ELECTRICAL FACILITIES.
No building or structure located on the Premises shall be
served by other than underground electric and telephone
distribution facilities . Poles, wires or other above-ground
electric or telephone distribution facilities may be temporarily
installed during construction or repair of the underground system.
For the protection of underground cables and facilities, the grade
or contour of the land above and adjacent to said facilities shall
not hereafter be substantially adjacent to said facilities, shall
not hereafter be substantially increased, decreased or otherwise
changed or altered without the written consent of the utility
company providing such service.
SECTION %. F.1�SEMENTS.
Declarer reserves, for itself, its successors and assigns , a
permanent easement over, upon, under and across the easements as
shown on the plat of the Premises for the carrying of utilities,
water or sewage and the maintenance of such facilities, and
Declarer is hereby given the power and authority to execute deeds
or other necessary documents releasing or conveying any such rights
that it may deem advisable or necessary.
SECTION %I. ENFORCEMENT.
/ ��
A. Whenever approva Declarer is required, Declarer shall
take action within thirty � days after receipt of the request
and all plans, specificatio or other documents required to be
submitted for approval. If not approved, specified written
objecti hall be mailed or delivered to the applicant within
thirty �;�ys, otherwise the request shall be deemed to have
been gra ed. All requests for approval or applications for
variance of the within conditions shall be submitted in writing by
certified mail to Declarer at:
Rosemount Port Authority
2875 - 145th Street West
Rosemount, MN 55068
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B. Each of the conditions, covenants, restrictions and
reservations contained herein shall continue and insure to the
benefit of Declarer, and its assigns (as limited herein) for a
period of twenty ( 20 ) years from the date of filing for record, and
shall be automatically extended in their entirety for successive
periods of ten { 10 ) years unless Declarer executes, acknowledges
and files for record an appropriate instrument in writing,
terminating and releasing the requirements of this Declaration.
C. The standards set forth herein shall be enforceable by
Declarer and its assigns (as limited herein j for the maximum period
allowed by law and shall be enforceable by:
1 . Injunctive relief, prohibitive or mandatory, to
prevent breach of or to enforce performance or observance of
these standards and requirements; or
2 . Money judgment for damages by reason of the breach
of these standards; or
3 . Both 1 and 2 above.
D. Failure of Declarer to enforce any provisions of the
standards and requirements contained herein upon the violation
thereof shall in no event be deemed to be a waiver of the rights to
do so as to any subsequent violation.
E. Declarer may grant variances from the strict application
of the provisions of these standards and requirements in cases
where, by reason of extraordinary and exceptional conditions of any
site or circumstances, strict application of any standard would
result in peculiar and practical difficulties or exceptional or
undue hardship upon the Owner of the building site, or where
otherwise deemed appropriate by Declarer.
F. Invalidation of any of the provisions of these standards
and requirements, whether by Court Order or otherwise, shall in no
way affect any of the other provisions which shall remain in full
force and effect.
IN TESTIMONY WHEREOF, Declarer has caused these presents to be
executed the day and year first above written.
ROSEMOiJNT PORT AUTHORITY (DECLARER)
By:
Its : Chair
By:
Its: Executive Director
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' � , CITY OF ROSEMOUNT
SALARY-BENEFIT-EMPLOYEE STATUS
DECEMBER 21, 1993
Employee Name: Irutiated by:
Position: Authorized by:
Date of Hire: Appxoved by:
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Comparable Worth Information 1993 1994
Position Point Value
Position Salary Range($)
Position Salary Mid-Point ($)
Employee Salary Information Date(If applies) Yearly Amount Hourly Amount
December 31, 1993 Base($)
Comp Wortk► Adjustment($)
Annual Adjustment(COL)($)
Merit Raise($)
Movement in Range($)
January 1, 1994 Base($)
Longevity 1-1-94 ($)
Car Allowance ($)
Other Considerations ($)
January 1, 1994 Total Salary ($)
f. _
Longevity (Change)($)
Longevity (Change)($)
Merit Raise(During Year)($)
Merit Raise(During Year)($)
Movement u►Range($)
Movement in Range($)
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C.�'�1�';�r e
Tota1 After Change�-�-94
Total After Change�-�-94
Tota1 After Change acac-xx-94
Vacation Hours/Month &Max 1-1-94
Vacation Hours/Month &Max acac-acac-94
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