HomeMy WebLinkAbout8.a.Country Hills 6th Addition Final PlatCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY ,COUNCIL MEETING DATE: August 4, 1992
AGENDA ITEM:
Country Hills Sixth Addition
Final Plat Approval
AGENDA SECTION:
NEW BUSINESS
PREPARED BY:
AGEN
M # 8A
Lisa Freese,
Director of Planning
ATTACHMENTS:
Resolution; Development
AP
Agreement; Subd. Location; Final Plat.
�RD/BY:
Mr. Lee Johnson, Sr. Vice President of U.S. Home Corporationeveloper of
the Country Hills PUD, , has requested final plat approval of entry Hills
Sixth Addition. This phase of the PUD contains 77 lots and encompasses
approximately 31.29 acres. The site is located west of Shannon Parkway,
across and south of Shannon Elementary School'. The property is zoned R-1
(Single Family Residential) and is within the Metropolitan Urban Service
Area (MUSA)
The plat is generallyconsistent with the PUD Agreement, as amended in
1991. The timing has 'been accelerated, however, with the remaining future
phase limited to a 14 -+lot cul-de-sac and three lots east of Shannon
y, the number of Lots have been reduced from 81 to 77.
As a result, -the overall density is 2.5 dwelling units per acre (gross).
Parkway. In addition,
The PUD specifies minimum lot widths to be 75 feet as measured at the front
yard setback line (north of 'Connemara Trail). The side yard setback for
attached garages is five (5) feet. All other development standards must
conform to current ordinance criteria. Of the 77 lots, 41 (530) meet or
exceed all current development standards. With respect to lot width only,
the remaining 36 lots (46%) meet the standard established in the PUD, but
are between 75 and 80feetwide at the front yard setback. line.
Danube Lane is indicated on the final plat as terminating at the southern
boundary of the Kelley Trust property. A temporary cul-de-sac will be
required to be built by the developer until the street is connected to a
future (as yet unplanned) street system that would serve development in the
Kelley Trust property.
The Planning Commission reviewed the final plat request on June 23, 1992
and passed a motion recommending approval of the final plat subject to
1) a temporary cul-dewsac located at the northern terminus of Danube Lane
to be constructed according to standards specified by the City Engineer;
2) a driveway location for Lot 3, Block 3, to be approved by the City'
Engineer
3) trail access to Birger Pond to*be graded and have Class V installed
according to standards specified by the Parks and Recreation Director;
4) the width of the utility easement in Block 3 increased as approved by
the City Engineer;
5) an executed Subdivision Development Agreement; and
6) engineering plans and specifications and grading plan be approved by the
City Engineer.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1992-
A RESOLUTION APPROVING
COUNTRY HILLS SIXTH ADDITION FINAL PLAT
WHEREAS, the City of Rosemount has approved the Country Hills
preliminary plat/Planned Unit Development plan; and
WHEREAS, the Planning Commission of the City of Rosemount has
recommended approval of Country Hills Sixth Addition final plat.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the Country Hills Sixth Addition final
plat, subject to:
1) developer construction of a temporary cul-de-sac located at
the northern terminus of Danube Lane according to standards
specified by the City Engineer; and
2) a driveway location for Lot 3, Block 3, to be approved by
the City Engineer; and
3) trail access to Birger Pond to be graded and have Class V
installation according to standards specified by the Parks
and Recreation Director; and
4) the width of the utility easement in Block 3 increased as
approved by the City Engineer; and
5) an executed Subdivision Development Agreement; and
6) approval of engineering plans and specifications and grading
plan by the City Engineer.
ADOPTED this 4th day of August, 1992.
E.B. McMenomy, Mayor
1. ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
DEVELOPMENT CONTRACT
COUNTRY HILLS SIXTH ADDITION
AGREEriENr dated this day of , 1992, by and between the CITY OF
ROSEMOUNT, a Minnesota municipal corporation, ("City"), and U.S. HOME CORPORATION, a
Delaware corporation, (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat of land to
be known as COUNTRY HiLLs SDcm ADDITION (also referred to in this contract as the
"plat"). The land is legally described as follows:
Outlot A, COUNTRY HILLS FIFTH ADDITION, according to the recorded
plat thereof, Dakota County, Minnesota.
2. P.U.D. Approval. The City has approved the Country Hills Planned Unit Development in
an agreement, dated July 22, 1986, Addendum I, dated June 2, 1987, and Addendum H,
dated June 18, 1991.
3. Conditions of Plat Approval. The City hereby approves the plat on condition that (1)
construction of a temporary cul-de-sac located at the north terminus of Danube Lane
according to standards specified by the City Engineer; (2) a driveway location for Lot 3,
Block 3, to be approved by the City Engineer; (3) trail access to Birger Pond to be graded
and have Class V installed according to standards specified by the Parks and Recreation
Director; (4) the width of the utility easement in Block 3 to be increased as approved by
the City Engineer; (5) an executed Subdivision Development Agreement; and (6) a grading
plan to be approved by the City Engineer.
4. Phased Development. The City may refuse to approve final plats of subsequent additions
of the plat if the Developer has breached this Contract and the breach has not been
remedied. Development of subsequent phases may not proceed until Development
Contracts for such phases are approved by the City.
5. Effect of Subdivision Approval. For two (2) years from the date of this Contract, no
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 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 permitted by
state law 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. Development 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 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 Stormwater Runoff Plan
Plan D --
Plans and Specifications for Public Improvements
Plan E --
Grading Plan and House Pad Elevations
Plan F --
Street Lights
7. 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. 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, Electric, Telephone Lines
M. Cable Television, when available to the plat.
The City shall reimburse 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
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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 Works Director. The Developer shall obtain all necessary
permits from the Metropolitan Waste Control Commission and other agencies before
proceeding with construction. The Developer shall instruct its engineer to provide adequate
field inspection personnel 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. In addition the City will
monitor the Developer's inspector regarding the construction work necessary to insure
compliance with City standards. 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 construction
work. 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" drawings.
8. Security. 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 $610,000. The amount of the letter of credit was calculated as follows:
Engineering, Grading, Survey Monuments .. $ 125,000
Sanitary Sewer ..................... 74,000
Water Main ............. ........ 118,000
Storm Sewer ...................... 121,000
Street Construction .................. 172,000
TOTAL ................... $ 610,000
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, 2001. 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, 2001, unless sixty (60) days prior to an
expiration date the. bank 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 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, 2001. 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 draw on
the letter of credit. With City approval the letter of credit may be reduced from time to
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time as financial obligations are paid and public improvements are completed to City's
requirements.
9. Time of Performance. The Developer shall install all required improvements which will
serve the Plat by September 1, 1992. 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. Grading 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 prior to the awarding
of the contract by the City for installation of utilities. 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, prior to the awarding of the contract of installation of utilities. 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 surrounded with an approved erosion control silt
fence.
11. License. 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. Erosion Control. 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
operations shall be reseeded forthwith after the completion of the work in that area. Except
as otherwise 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 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. 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 for any cost the City incurred for such work within thirty (30) days, the City may
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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 control
requirements.
13. Planting and Seeding. 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.
14. Clean up. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, its agents or assigns, within twenty-four (24) hours
after notice by the City.
15. 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 further notice or action.
16. Warranty. 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 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. 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 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.
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 attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
Contract, including engineering and attorney's fees.
D. 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
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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.
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 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 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 charges,
City stormwater connection charges and building permit fees.
G. The Developer shall pay all energy costs for street lights installed within the Country
Hills Fifth Addition until seventy-five percent (75 %) of the lots are occupied. After
that, the City will assume the energy costs.
18. Building Permits. No building permits shall be issued until:
A. The site grading has been completed and approved by the City.
B. All 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. However, this requirement may be waived by the City
Director of Public Works in the event Developer provides an alternative 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 Works 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 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 utilities referred to in
paragraph 7 are in and approved by the City, unless otherwise authorized in writing
by the City Public Works Director.
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19. 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 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. 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, 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 until there is compliance.
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 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. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, 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 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
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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 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 time 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 time
thereafter any other right, power or remedy.
J. The Developer may not assign this Contract without the written permission of the
City Council.
21. Notices. 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: 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 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 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 Clerk
M.
U.S. ROME CORPORATION
BY:
Its
BY:
STATE OF MINNESOTA )
SS
COUNTY OF DAKOTA )
Its
The foregoing instrument was acknowledged before me this day
of , 1992, 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 acknowledged before me this day
of , 1992, by and
U.S. Home Corporation, a Delaware Corporation, on behalf of the partnership.
Notary Public
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LOCATION MAP
COUNTRY HILLS SIXTH ADDITION
CITY OF ROSEMOUNT
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