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:
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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.
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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
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time as pablie. improvements are completed to the City's requirements. -In lieu of p e g
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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
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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,
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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.
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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
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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.
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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.
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