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HomeMy WebLinkAbout4.e.2. Presentation of Revised Protective Covenants ti � CITY OF ROSEMOUNT EXECUTIVE SUNI�SAFl,y FOR ACTION PORT AUTHORITY MEETING DATE: JAIQI7ARY 18, 1994 AGENDA ITENi: PRESENTATION OF REVISED AGENDA SECTION: PROTECTIVE COVENANTS FOR THE BUSINESS PARK WORK SESSION PREPARED B�: JOHN MILLER, AGENDA NO. ECONOMIC DEVELOPMENT COORDINATOR 4 . E. (2) ATTACHI+2ENTS: REVISED PROTECTIVE COVENANTS APP VE Y: DRAFT, MEMO FROM MIKE MILES Please see the attached self-explanatory material. � � RECOIMII�iENDED ACTiON: None. Discussion item. PORT AUTHORITY ACTION: M E M O R A N D U M TO: Chair Ed Dunn and Members of the Rosemount Port Authority FROM: Mike Mile j ��,.� � DATE: January 10, 1'994 RE: Revised Draft of Protective Covenants for Business Park As per the guidance of the Port Authority at its January 4 , 1994 meeting, please find attached a second draft of the Declaration of Protective Covenants and Development Standards for the Rosemount Business Park . The following is a summary of the changes made (not including typo corrections ) in this draft. • Section II (C) (page 2 ) - the term, "auto salvage yard" has been eliminated. • Section IV(B) (page 3 ) - has been altered to eliminate any empirical reference to the number of square feet above which a parking lot must have appropriate boulevards . The more generic language, "no parking area shall be allowed without appropriate boulevards . . . ° has been substituted therefor. � Section V(A) (page 4 ) - the sprinkling/irrigation system requirement has been made more flexible by adding the language, "or other mechanism or system. " • Section VIII {A) (page 6 ) - line 7 of this Section has been amended to indicate that the Declarer (RPA) will function as the Architectural Review Committee. • Section VIII (F) (page 6 ) - the prohibition on metal buildings has been modified to permit metal buildings with architectural treatment satisfactory to Declarer. Please contact me if you have any comments or further suggestions which you want considered prior to our next RPA meeting. �,�'JMM:gmo DECLARATION OF PROTECTIVE COV"ENANTS AND DEVELOPMENT STANDARDS T`HIS DECLARATION, made this day of 199 , by the Rosemount Port Autho�-ity, an agency of the City of Rosemount, Minnesota (hereinafter call�d, "Declarer" ) ; xEczTx�s � 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 Sectian 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 Premises 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 ta Declarer or which are unattractive 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 af 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 following standards and guidelines and in conformance with the General Criteria Standards and shall apply to and bind each and every owner and successo'r-in- interest thereof 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 . Further, such conditions, covenants , restrictions and reservations shall operate as covenants passing with the title to the Premises and are as follows : SECTION I . DEFINITION OF TERMS. The following terrns 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 . ', I C. Improvements . Shall mean and include all construction I'� 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 li areas , loading areas, driveways , sidewalks, fences , lawns , I landscaping and lighting. ' D. Owner. Shall rnean the party or parties , their heirs , suceessors 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 zaning designation busines5 park set 'forth in City of Rosemount, Minnesota Ordinance B. , • B. No noxious or oftensive trades, servicss or activities . :shall be conducted on the Premises, nor shall anything be done �, 'thereon which may be or become an anno�ance 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 2 disposal problem or for manufacture, storage of sale of explosives or similar dangerous products . SECTION III. PERFORMANCE STANllARDS. Declarer finds it impr_acticable to set measured minimum or maximum standards for control 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 sufficient 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 determinatians 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 sueh areas on the street side of any building where the facilities are so screened as to be acceptable to Declarer. ; ' E. All off-street parking, driveways and loading areas shall he 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. 3 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 buildings 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. LANDSC�PING, OUTSIDE 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 custom:�ry landscape treatment and shall be completed in accord with the minim=zm standard set forth in City of Rosemount Ordinance B. A11 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 plan, 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 candition 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 . 4 SECTION VI . SIGNS. A. All requests for signs to be located on any part or parcel of the Premises shall be submitted to Declarer for approval .. Declarer shall consider any such application in light of the General Criteria Standards set forth in this Declaration and shall either approve the proposed sigas 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 requiren�ents 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 allow�d between the bottom of the monument sign and the ground. 3 . No sign shall be what is known as an adverti,sing 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 rotating light or ligh�s . S . 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. Al1 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 tlie Premises . B. All lights disseminating in excess of foot candies of light shall be shielded in a matter satisfactory to the : .Declarer so that no glare will be apparent to gersons on adjacent � �parcels within the Premises . C. No direct area lighting shall be cast onto adjacent property by any lights installed on the Premises . 5 SECTION VIII . ARCHITECTURAL REVIEW. A. No improvements shall be erected, placed or altered on any part or parcel of the Premises until the building or 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 �levati.on, 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 City 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 . �11 buildings shall be constructed so as to screen all electrical and mechanical equipment on the roof or to secure all such equipment mounted at ground level by screening approved by Declarer. 6 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 to 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 I%. 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 con;::�ur of the land above and adjacent to said facilities shall not hereafter be substantially adjacent to said facilities, shall not hereafter be substantially inereased, decreased or otherwise changed or altered without the written consent of the utility company providing such service. SECTION g. E1�.Sg„�g�s_ 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 approval of Declarer is required, Declarer shall take action within thirty ( 30 ) days after receipt of the request and all plans, specifications or other documents required to be �ubmitted for approval . If not approved, specified written : ;objections shall be mailed or delivered to the applicant within �, thirty ( 30 ) days, otherwise the request shall be deemed to have b.een granted. 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 7 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, terrninating and rele�sing the requirements of this Declaration . C . The standards set forth herein shall be enforceabie by Declarer and its assigns (as limited herein) 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 e�xtraordinary 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. - ', ROSEMOUNT PORT AUTHORTTY (DECLARER) ; By: Its : Chair By: � Its : Executive Director 8