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HomeMy WebLinkAbout8.e. Cimarron Village Revised Final Plat-City of Rosemount Executive Summary for Action City Council Meeting Date JULY 7, 1992 Agenda Item: Cimarron Village Townhouses - Revised Final Plat Agenda Section: NEW BUSINESS Prepared By: Lisa Freese Agll # 8 Director of Planning Attachments: Resolution; Development Approved By: Agreement; original Final Plat; Revised Final Plat. In October, 1990 the City Council approved a final plat for the Cimarron Village Townhouses project. This final _ plat and corresponding development agreement included an easement for a public watermain that was to run through the property to form a loop in the system between Dodd Boulevard and 145th Street West. In reviewing the final construction plans for the project, the City Engineer has determined that the watermain is no longer necessary for looping the City's water system in this area and the water line will serve only this project. Therefore,staff is recommending that the easement be vacated and the water line remain private so the City will not be responsible for maintenance of this private utility line. Since the developer has not recorded his final plat with Dakota County, the City, Attorney has advised that a revised final plat should be approved by the City. At their June 23, 1992 regular meeting the Planning Commission reviewed this change and recommended approval of the revised final plat and development agreement. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1992- A RESOLUTION APPROVING THE CIMARRON VILLAGE TOWNHOUSES FINAL PLAT WHEREAS, the City of Rosemount has approved the Cimarron Village Townhouses Preliminary Plat; and WHEREAS, in October, 1991 the City Council, upon recommendation of the Planning Commission, approved the Cimarron Village Townhouses final plat; and WHEREAS, the Developer never recorded that approved plat with Dakota County; and WHEREAS, the Developer desires to proceed with the project; and WHEREAS, the City no longer desires the utility easement and watermain dedication as approved in the October, 1991 final plat and the Developer has revised the final plat; and WHEREAS, the Planning Commission of the City of Rosemount has recommended approval of the Cimarron Village Townhouses final plat as revised. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby approves the Cimarron Village Townhouses final plat subject to an executed revised Subdivision Development Contract. ADOPTED this 7th day of July, 1992. ATTEST: Susan M. Walsh, City Clerk Motion by: Voted in favor: Voted against: 1 E.B. McMenomy, Mayor Seconded by: Development Contract Cimarron Village Townhouses AGREEMENT dated 1992, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and CLVIARRON VILLAGE TOWNHOUSES, a Minnesota limited partnership, (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat of land to be known as CIMARRON VILLAGE TOWNHOUSES, (also referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Condition of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract and furnish the security required by it. 3. 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 Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 4. 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: Grading Plan Plan C: Landscaping Plan Plan D: Pedestrian Trail Plan Plan E: Site Plan 5. Private Improvements. The Developer shall install in accordance with City ordinances and standards and pay for the following: A. Site Grading. B. Surveying, Staking and Monumentation. C. Gas, Electric, Phone Utilities and Cable Television, if cable television is available to the plat. D. Sanitary Sewer. E. Pedestrian Trail. F. Watermain G. Landscaping 6. Grading Plan/Site Grading. The Developer shall submit to the City a site grading and drainage plan and the City Engineer must approve the plan prior to installation of the improvements. 7. 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. G] 0 S. Landscaping. Prior to the City allowing occupancy of any units, all plant materials indicated in the Landscaping Plan shall be installed to the satisfaction of the City Engineer. 9. 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 24 hours after notice by the City. 10. Security. The Developer shall furnish the City with a cash escrow or irrevocable letter of credit for $20,000.00 to secure the warranty on the construction and/or installation of site improvements, landscaping, and pedestrian trail. 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, 1995. In the alternative, the letter of credit may be for a one 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, 1995, 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, payment of special assessments 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, 1995. 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 5rf'.r— time as pablie. improvements are completed to the City's requirements. -In lieu of p e g 9 0 11. Warranty. The Developer warrants all work required to be performed by it in the public right-of-way against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. All trees, grass and sod on the site shall be warranted to be alive, of good quality and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. 12. 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, 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 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 n not paid on time, the City may halt plat development work and construction including, but not limited to, the issuance of building permits, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8 % per year. E. In addition to the charges 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, storm sewer connection charges and building permit fees. F. The Developer shall make a cash contribution to the City of Seventeen Thousand Two Hundred Eighty and 00/100 ($17,280.00) Dollars for park dedication. One third of the total fee or Five Thousand Seven Hundred Sixty and 00/100 ($5,760.00) Dollars must be paid before the City releases hardshell copies of the plat or issues of a grading permit. The remaining two thirds of the total fee or Eleven Thousand Five Hundred Twenty and 00/100 ($11,520) Dollars must be paid before the City issues any building permits. G. The Developer represents any taxes or assessments on the property subject to this Agreement are not deferred under Minnesota Statutes Annotated §273.111 (commonly called Green Acres). The Developer agrees that it will not make application for deferred taxes or assessments under Minnesota Statutes Annotated §273.111. 13. -Building Permits. No building permits shall be issued until: A. The site grading has been completed and approved by the City. B. The City Engineer has certified that the timetable for construction of public improvements is compatible with rental townhouse construction. C. 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, 5 0 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 5 are in and approved by the City, unless otherwise authorized in writing by the City Engineer. 14. 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. 15. 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. 2 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 one may occupy a building for which a building permit is issued on either a temporary or permanent basis until parking areas needed for access have been paved with a bituminous surface. 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 entity or 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 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 7 0 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. 16. 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: Cimarron Village Townhouses, c/o Popham, Haik, Schnobrich, Kaufman, 3300 Piper Jaffrey Tower, Minneapolis, MN, 55402. 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, Minnesota 55068, Attention: Administrator. 0 CITY OF ROSEMOUNT By: E.B. McMenomy, Mayor By: Susan M. Walsh, City Clerk CIMARRON VILLAGE TOWNHOUSES By: Its Partner By: Its Partner N. State of Minnesota ) ss County of Dakota ) 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 , 1991, by , Partner and , Partner; Cimarron Village Townhouses Partners. Drafted by: City of Rosemount 2875 145th Street West Rosemount, MN 55068 423-4411 I Notary Public W January, 1991 Exhibit "A" CIMARRON VILLAGE TOWNHOUSES - LEGAL DESCRIPTION The east 797.00 feet of the west 1002.00 feet of the Northeast Quarter of the Southeast Quarter (NE',! of SEI,(,) of Section 30, Township 115, Range 19, lying north of the north right-of-way line of Dodd Boulevard (formerly Dakota County Road No. 42); subject to a roadway easement over the west 16.0 feet thereof and over the north 33.0 feet thereof; except 1) Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter (NE'X of SE1,�); thence west along the north line thereof a distance of 328.00 feet to the point of beginning of tract to be described; thence continuing west along said north linea distance of 189.00 feet; thence south parallel with the east line of said Northeast Quarter of the Southeast Quarter (NES,! of SE'X) a distance of 312.38 feet to the northerly right-of-way line of Dodd Boulevard (formerly Dakota County Road No. 42); thence northeasterly along said right-of- way line a distance of 214.27 feet to a point 214.28 feet south of the point of beginning; thence north parallel with said east line of the Northeast Quarter of the Southeast Quarter (NEI„( of SE'M a distance of 214.28 feet to the point of beginning. and also except 2) Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter (NEI„( of SE'X); thence west along the north line thereof a distance of 517.00 feet to the point of beginning; thence continuing west along said north line a distance of 415.00 feet; thence deflecting 90 degrees left and south a distance of 135.00 feet; thence deflecting 90 degrees left a distance of 30.00 feet; thence deflecting 61 degrees 30 minutes right a distance of 120.00 feet; thence deflecting 61 degrees 30 minutes left a distance of 100.00 feet; thence deflecting 61 degrees 30 minutes right a distance of 57.8 feet; thence deflecting 61 degrees 30 minutes left a distance of 195.7 feet, more or less, to a line parallel with and 517.00 feet west of the east line of said Northeast Quarter of the Southeast Quarter (NEI,(, of SEI); thence north parallel with said east line a distance of 291.28 feet to the point of beginning. and also except 3) Beginning at the southwest corner of the east 797.00 feet of the west 1002.00 feet of the Northeast Quarter of the Southeast Quarter (NEI,,( of SEI,O of Section 30, Township 115, Range 19 lying north of the north right-of-way line of Dodd Boulevard (formerly Dakota County Road No. 42); thence north along the west line thereof a distance of 204.00 feet; thence deflecting 90 degrees right a distance of 120.00 feet; thence deflecting 90 degrees right a distance of 140.43 feet, more or less to its intersection with the north right-of-way line of said Dodd Boulevard (formerly Dakota County Road No. 42); thence southwesterly along said north right-of-way line a distance of 136.26 feet, more or less, to the point of beginning. r Is Q x a 1. 5,TH ST:cE:..'r i ST Si 195.96 WEST - 145TH STREET 8 n WEST �bww S F 163.7 3 o po 'a 18 0 Q _ m 0 o `SANITARY SEWER CONNECTION EAST W W I EASEMENT(DOC.N047978BB �, I i3QOO Q 869759) 1 A w �� 16' I � `�s• 0,00" a00� Z 0 <Y Q 4k ,413.00 /NORTH LINE OF NEIA OF SE 1/4 SEC. 30, TWP. 115, AGE. 19 WEST W 4 W ?, O x n WWF 8 o O„ z ° , J EXCEPTION $N; a Ilezaa. z C ppWW WO h O + \ \ \ O Z 2; WJ <Jf W=< ■ \ �o W n W� \ NE. CORNER OF NEI/4 CF SEV4 SEC. 30, TWP IIS, AGE. 19 100.X. CO. CAST IRON MONUMENT) 7.00 EXCEPTION 328.00 gyyppo} <V _) W WW x n a" F� �! z Ilezaa. O WO h O J 2; <Jf I i \ \ ~ d2�'1W I- X \ � v O WJ 100.00 EAST X\, !I - o�t`O� ► 6i J� 30OD` '< 1• N 0�'v0 tF'r�t / 34.26 1 —65.4 — — 120.00 ri 389012'11"E 3 EXCEPTION Y o _ 0 0 b h o l cf' (� ��• \\ 'S0.\�2 ialb .),`A 1� `"`Nf'�p NpOf 0 00> UTILITY �'-- ----�\ {^ / _o � 196.70 EAST - EASEMENT y--0.*.0° "csr \ /. �IV1t co i 3000. ,LID jVOL NATURAL GAS SERVICE CONNECTION �{P EASEMENT DOC. N0479788 B 869759) L 0 T / NORTH LOCK I oe •tib T / g6Z f '') 1 I I p L LQ u@ IF o 60 :20 too / 1AL "?LE�!N ,FEET / / yyy0b el v V �L��n lrti1@ 12 lJ @WVI IJV UV U UOUVU �� �"I.. , 1 16" Drainage and utility easements are shown thus: ! F`'� ENG. DEPT. (BCB 06/23/92' 1�>• "� ",� Being 10.00 feet in width adioinina all street lines and