HomeMy WebLinkAbout7.a. Carrollton 4th Addition Final Plat Approvalg.. {
CITY OF ROSEMOIINT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 7, 1992
AGENDA ITEM: Carrollton 4th Addition Final
AGENDA SECTION:
Plat Approval
New Business
PREPARED BY:
Pearson, Planner'
AGENDA MmRichard
Assistant
ATTACHMENTS :Resolution; Development Contract;
APP
PC Reviews; Final Plat.
Tom O'Leary, Owner of Entry One, Inc., developer of the
Carrollton Planned Unit Development, has requested final plat
approval for the fourth and final phase of the development (39
single family lots). This phase encompasses 13 acres, located
south of Dodd Blvd. between Covington and Cimarron Avenues, north
of C.S.A.H. 42.
The plat is consistent with the PUD agreement and preliminary
plat approved in 1988. All lots meet the minimum lot width and
maximum density requirements of the PUD. The park dedication
requirements have been met for this PUD.
At their March 10, 1992 Regular Meeting, the Planning Commission
reviewed and recommended approval of the final plat subject to:
1) engineering plans and specifications and the required
utility easement approval by the Public Works Department;
2) eight foot wide bituminous path to be installed by the
developer within the easement between lots 7 and 8, block 6
connecting Clancy Avenue to the eastern property line;
3) provision of city services to the Exception between blocks 2
and 6;
4) execution of the subdivision development contract for
Carrollton 4th Addition.
RECOMMENDED ACTION: A motion to adopt A RESOLUTION APPROVING THE
CARROLLTON 4th ADDITION FINAL PLAT and to authorize
the execution of the development contract.
COUNCIL ACTION:
t
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1992-
A RESOLUTION APPROVING
CARROLLTON 4TH ADDITION FINAL PLAT
WHEREAS, the City of Rosemount has approved the Carrollton 4th
Addition preliminary plat/Planned Unit Development Plan; and
WHEREAS, the Planning Commission of the City of Rosemount has
recommended approval of Carrollton 4th Addition final plat.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the Carrollton 4th Addition final plat,
subject to the following:
1) engineering plans and specifications and the
required utility easement approval by the Public
Works Department;
2) eight -foot wide bituminous trail to be installed by the
developer within the easement between Lots 7 and 8, Block
3, connecting Clancy Avenue to the eastern property line;
3) City services to be provided to the exception between
Block 2 and Block 6; and
4) an executed Subdivision Development Contract for
Carrollton 4th Addition.
ADOPTED this 7th day of April, 1992.
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Development Contract
Carrollton 4th Addition
AGREEMENT dated day of ,1992, by and
between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and
ROSEMOUNT PROPERTIES OF MDNNEAPOLIS, a Minnesota General Partnership, (the
"Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat of land to
be known as CARROLLTON 4TH ADDITION (also referred to in this contract as the
"plat"). The land is legally described as Outlot B, Carrollton 2nd Addition.
2. P.U.D. Aprp oval. The City has approved the Carrollton 2nd Addition Planned Unit
Development in an agreement, dated January 19, 1988.
3. Conditions of Plat Approval. The City hereby approves the plat on condition that (1)
Engineering Plans and Specifications and the required utility easements as approved by the
City Public Works Director; (2) eight foot wide bituminous trail to be installed by the
Developer within the easement between Lots 7 and 8, Block 6 connecting Clancy Avenue to
the eastern property line; (3) public services to be provided to the exception between Block
2 and Block 6; and (4) an executed Subdivision Development Agreement for Carrollton 4th
Addition.
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. Develoment 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 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
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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. Secudft. 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 $207,500. The amount of the letter of credit was calculated as follows:
As-Builts ..........
$ 2,000
Engineering ...........
4,000
Grading ...........
30,000
Utilities ............
120,000
Street Construction .....
45,000
Street Lights ..........
3,000
Landscaping ........
3.500
$ 207,500
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
time as financial obligations are paid and public improvements are completed to City's
requirements.
The Developer may furnish the City with a Performance Bond in lieu of the Letter of
Credit. The Performance Bond must be equal to the total construction cost of the
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improvements as estimated by the City Engineer and include the costs of inspection by the
City and, also, the cost of drawing from the bond.
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. The Developer will be required to obtain
a grading permit conditioned on approval of a grading plan by the Public Works Director.
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 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.
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 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 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 ua. 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
4
after notice by the City. Failure to clean dirt and debris after required notice shall cause the
City to perform the clean-up at the Developer's expense.
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
personal obligation of the Developer, Rosemount Properties of Minneapolis, 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.
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G. The Developer shall pay all energy costs for street lights installed within the Carrollton
4th 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 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.
E. No occupancy, either permanent or temporary, shall be allowed until public utilities
(water and sewer) are tested and accepted by the City.
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•�
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 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: 2415 Annapolis Lane, Suite 109, Plymouth, MN
55441. Notices to the City shall be in writing and shall be either hand delivered to the City
7
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 WBEREOF, 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
ROSEMOUNT PROPERTIES OF MINNEAPOLIS
BY:
Its
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 MQNNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day
of , 1992, by , Rosemount
Properties of Minneapolis, a Minnesota General Partnership, on behalf of the partnership.
DRAFTED BY:
City of Rosemount
2875 145th Street West
P.O. Box 510
Rosemount, MN 55068-0510
Notary Public
6
Giiy of (Rosemount
PHONE (612) 4234411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 4235203 Mailing Address: Edward B. McMenomy
P.O. Box 510, Rosemount, Minnesota 55066-0510 COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Harry Willcox
TO: Planning Commission Dennis Wippermann
ADMINISTRATOR
FROM: Richard Pearson, Assistant Planner Stephan Jilk
DATE: March 5, 1992
SUBJ: March 10, 1992 Regular Meeting Reviews
Agenda Item 5(a)
ATTACE[MENTS: Final Plat
5a. CARROLLTON 4th ADDITION - FINAL PLAT
Recommended Action: Motion to recommend approval of Carrollton 4th Addition
subject to:
1) engineering plans and specifications and the required utility easements be
approved by the City Public Works Director;
2) eight foot wide bituminous trail to be installed by the developer within the
easement between lots 7 and 8, block 6 connecting Clancy Avenue to the
eastern property line;
3) city services to be provided to the exception between block 2 and block 6;
4) an executed Subdivision Development Agreement for Carrollton 4th
Addition.
Tom O'Leary, President of Entry One, Inc., developer of the Carrollton Planned Unit
Development, has requested fmal plat approval for the third and last phase of the
development (39 of a total of 126 lots). This property was zoned R-1 Single Family
Residential in 1987.
Enclosed with this review is a copy of the proposed final plata The plat appears to be
consistent with the PUD Agreement and preliminary plat approved in 1988. All lots meet
the minimum lot width requirement at the setback line: 75 feet on interior lots and 90 feet
on corner lots. The maximum density of three units per acre is also met. None of the lots
appear to have any building constraints. The lots are accessed by a single local street
(Clancy Avenue) that will connect the existing 147th Street West and Upper 149th Street
West parallel and east of Covington Avenue. No cul-de-sacs are proposed.
Lots 7 and 8, block 6, contain a 35 foot wide easement that is to be dedicated for Park and
Utility purposes.The developer will be required to pave an eight foot wide bituminous path
within the easement that will ultimately provide pedestrian access for the
(Sverylktngs (Poming `U J6 RosemouvdY
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Planning Commission Reviews - 3/10/92
Agenda Item 5(a)
Page Two
development to Chippendale Park. Lots 5 and 6, block 2 also contain a 35 foot wide utility
easement. All four of the above-mentioned lots have sufficient width to accommodate the
larger easements and not create any building constraints.
City services will be provided to the Exception located between block 2 and block 6. This is
a fulfillment of an agreement between the property owner (of the Exception) and the city for
land along Dodd Boulevard that was used for sidewalk.
Mr. O'Leary has indicated that the developer will install all of the public improvements for
this phase. The subdivision agreement will be ready for the March 17, 1992 City Council
agenda should the Planning Commission recommend approval of the final plat.
Planning staff recommends approval of the final plat subject to:
1) engineering plans and specifications and the required utility easements be
approved by the Public Works Director;
2) eight foot wide bituminous path to be installed by the developer within the
easement between lots 7 and 8, block 6 connecting Clancy Avenue to the eastern
property line;
3) City services to be provided to the Exception between blocks 2 and 6;
4) The subdivision development contract for Carrollton 4th Addition be executed.
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SIGMA
su"VEYINQ
seflViCEs INC.