HomeMy WebLinkAbout5.e. Hampton Development Corp. Lot Split (Shannon Pond PUD)I
City of Rosemount
Executive Summary for Action
CITY COUNCIL MEETING DATE: November 3, 1992
Agenda Item: Hampton Development Corporation
Lot Split (Shannon Pond PUD)
AGENDA SECTION:
NEW BUSINESS
Prepared By: Lisa Freese
AGENDI�n�
(Yy')
Director of Planning
ATTACHMENTS: Resolution; Boundary Survey; Warranty
APP VED r:n
Deed; Miscellaneous Attachments
regarding Condemnation.
Mr. Jim Allen, President of Hampton Development Corp., has purchased 18.8
acres of land that was formerly part of the Gergen farm. Hampton
Development intends to develop the property for single family residential
use.
The City of Rosemount Subdivision Ordinance requires City approval of
divisions of agriculturally zoned property less than twenty acres. City
approval must be given before the County will record the deed. Normally,
this would occur at the time of platting; however, the development issues
regarding this property have delayed the platting process. The purpose of
this procedure is to ensure that landlocked or unaccessible parcels are
not created, and that the property is capable of being developed. This
action does not imply approval of any other application or request by the
developer.
Hampton Development has also informed the City that their repeated
attempts to acquire the 120 -foot strip of land,,owned by Rosemount
Development Corporation, have been unsuccessful. As you will recall, the
City Council tabled action on their condemnation request to encourage
private agreement between the two affected property owners. Hampton is
trying to move ahead with their plat and will redraw their plat to work
around this 120 -foot strip, if the City Council decides not to proceed
with condemnation.
Attached is a memo from Mike Miles addressing the Doctrine of Public
Purpose in condemnation proceedings and another memo from Planning staff
discussing background information pertinent to the City Council's decision
on these issues.
RECOMMENDED ACTION: A MOTION to adopt A RESOLUTION APPROVING A METES AND
BOUNDS LOT DIVISION REQUESTED BY HAMPTON DEVELOPMENT CORP. FOR PROPERTY
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 115, RANGE 19.
RECOMMENDED ACTION: A MOTION to authorize condemnation for public
roadways or MOTION to deny developer's request to consider condemnation
for public streets in the Shannon Pond Development.
ICOUNCIL ACTION:
x
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1992-
A RESOLUTION APPROVING A METES AND BOUNDS LOT DIVISION
REQUESTED BY HAMPTON DEVELOPMENT CORP. FOR PROPERTY LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 115, RANGE 19
WHEREAS, on October 13, 1992, the Planning Commission of the City
of Rosemount has reviewed and recommended approval of a simple lot
division of property as shown on the location map attached as
Exhibit A; and
WHEREAS, this request for a simple lot division, submitted by
Hampton Development Corporation, will accommodate Phase 1 of the
proposed Shannon Pond Planned Unit Development; and
WHEREAS, this lot division request pertains to property legally
described on attached Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves the division of the above referenced
parcel into two separate parcels legally described on attached
Exhibit C and Exhibit D.
BE IT FURTHER RESOLVED, the approval of this simple lot division
is subject to:
1) no building permits will be issued until a final plat has
been approved and recorded.
ADOPTED this 3rd day of November, 1992.
E.B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
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SHANNON POND PUD
Exhibit A (con't.)
ppb
I & o T" SSE
Exhibit B
That part of the Southwest Quarter of Section 31, Township 115, Range 19, Dakota County, Minnesota
lying easterly of boundary of the recorded plats of WEST RIDGE FIRST ADDITION, WEST RIDGE
SECOND ADDITION and WEST RIDGE THIRD ADDITION, Dakota County, Minnesota and lying
easterly of the following described line:
Beginning at the northeast corner of said plat of WEST RIDGE THIRD ADDITION, thence on an
assumed bearing of North along the northerly extension of the east line of said plat a distance of 119.90
feet; thence South 89 degrees 48 minutes 49 seconds East a distance of 119.90 feet; thence North 69
degrees 36 minutes 11 seconds East a distance of 112.64 feet; thence northerly along a non tangential
curve concave to the west having a radius of 308.81 feet a central angle of 22 degrees 49 minutes 48
seconds a chord bearing of North 11 degrees 41 minutes 10 seconds East a distance of 123.96 feet;
thence North 00 degrees 11 minutes 11 seconds East a distance of 369.75 feet more or less to the north
line of said Southwest Quarter and there terminating.
And lying easterly, southerly, and westerly of the following described line:
Beginning at the northeast comer of said Southwest Quarter; thence southerly along the east line of said
Southwest Quarter a distance of 368.80 feet; thence southwesterly along a tangential curve concave to
the northwest having a radius of 452.59 feet a central angle of 16 degrees 33 minutes 43 seconds an arc
length of 130.83 feet to a point hereinafter referred to as point A; thence continuing southwesterly
along said curve with a central angle of 4 degrees 08 minutes 47 seconds an are length of 32.75 feet;
thence southwesterly tangent to said curve a distance of 36.22 feet; thence southerly along a tangential
curve concave to the east having a radius of 487.32 feet a central angle of 6 degrees 41 minutes 42
seconds an arc length of 68.63 feet; thence westerly parallel with the north line of said Southwest
Quarter a distance of 166.66 feet; thence northerly at right angles to the intersection with a line drawn
westerly parallel with said north line from the above referenced point A; thence westerly parallel with
said north line a distance of 517.22 feet; thence northerly to a point on said north line distant 750.00
feet west of the point of beginning and there terminating.
EXCEPTING THEREFROM: That part of the Southwest Quarter of Section 31, Township 115, Range
19, Dakota County, Minnesota described as follows:
A strip of land 120.00 feet in width lying 60.00 feet to the left and 60.00 feet to the right of the
following described line:
Commencing at the northwest comer of Lot 1, Block 3, WEST RIDGE SECOND ADDITION; thence
North 29 degrees 33 minutes 00 seconds East assumed bearing along the northeasterly extension of the
westerly line of said Lot 1, a distance of 200.00 feet to the point of beginning of the line to be
described; thence South 60 degrees 27 minutes 00 seconds East a distance of 130.00 feet; thence
southeasterly along a tangential curve to the left which is concave to the northeast having a radius of
446.94 feet -a central angle of 22 degrees 46 minutes 14 seconds an arc length of 177.62 feet; thence
South 83 degrees 13 minutes 14 seconds East tangent to said curve a distance of 29.06 feet; thence
southeasterly along a tangential curve to the right having a radius of 469.85 feet a central angle of 21
degrees 41 minutes 14 seconds an arc length of 177.84 feet; thence South 61 degrees 32 minutes 00
seconds East tangent to said last described curve a distance of 60.00 feet to "Point A" and there
terminating.
Together with that parcel of property lying 60.00 feet to the left and 60.00 feet to the right of the
following described line:
Commencing at the aforedescribed "Point A"; thence North 28 degrees 28 minutes 00 seconds East a
distance of 10.00 feet to the point of beginning of the line to be described; thence South 61 degrees 32
minutes 00 seconds East a distance of 180.00 feet and there terminating.
Land Surveyors Exhibit C
Planners
Valley Surveying Co. P.A.
Q (612) 447-257tnt Suite 120C
October 18, 1992 16670 Franklin Trail S.E.
Prior Lake, Minnesota 55372
Description prepared for:
Hampton Development Corporation
12433 Princeton Avenue
Savage, Mn. 55378
PROPERTY DESCRIPTION PHASE 1:
That part of the Southwest Quarter of Section 31, Township 115, Range 19, Dakota
County, Minnesota described as follows:
Commencing at the northwest corner of Lot 1, Block 3, WEST RIDGE SECOND
ADDITION, Dakota County, Minnesota; thence North 29 degrees 33 minutes 00
seconds East (assumed bearing) along the northerly extension of the westerly
line of said Lot 1, (the same being the easterly right-of-way line of Danville'
Avenue as platted) a distance of 260.00 feet to the point of beginning of the
land to be described; thence continuing northerly along said easterly
right-of-way line to the northeast corner of the plat of WEST RIDGE THIRD
ADDITION: thence on a bearing of North along the northerly extension of the east
line of said plat a distance of 119.90 feet; thence South 89 degrees 48 minutes
49 seconds East a distance of 119.90 feet; thence North 69 degrees 36 minutes 11
seconds- East a distance of 112.64 feet; thence northerly along a non tangential
curve concave to the west having a radius of 308.81 feet a central angle of 22
degrees 59 minutes 58 seconds a chord bearing of North 11 degrees 41 minutes 10
seconds East a distance of 123.96 feet; thence North 00 degrees 11 minutes 11
seconds East a distance of 369.75 feet more or less to the north line of said
Southwest Quarter; thence easterly along said north line to the northeast corner
of said Southwest Quarter; thence southerly along the east line of said
Southwest Quarter a distance of 368.80 feet; thence southwesterly along a
tangential curve concave to the northwest having a radius of 452.59 feet a
central angle of 20 degrees 42 minutes 30 seconds an are length of 163.58 feet;
thence southwesterly tangent to said curve a distance of 36.22 feet; thence
southerly along a tangential curve concave to the east having a radius of 587.32
feet a central angle of 20 degrees 42 minutes 30 seconds an are length of 212.27
feet; thence South 00 degrees 28 minutes 30 seconds West tangent to said curve
and parallel with said east line a distance of 58.00 feet; thence North 83
degrees 37 minutes 14 seconds West a distance of 93.86 feet; thence North 89
degrees 48 minutes 53 seconds West a distance of 341.00 feet; thence North 89
degrees 45 minutes 45 seconds West a distance of 60.22 feet; thence North 82
degrees 40 minutes 58 seconds West a distance of 115.00 feet; thence North 72
degrees 14 minutes 15 seconds West a distance of 5.55 feet; thence South 19
degrees 03 minutes 52 seconds West a distance of 261.00 feet; thence South 33
degrees 41 minutes 49 seconds West a distance of 303.94 feet; thence South 31
degrees 47 minutes 15 seconds East a distance of 107.00 feet;thence South 71
degrees 44 minutes 48 seconds East a distance of 71.47 feet; thence South 42
degrees 47 minutes 21 seconds East a distance of 96.18 feet; thence South 21
degrees 48 minutes 05 seconds West a distance of 46.75 feet; thence North 61
degrees 32 minutes 00 seconds West a distance of 167.75 feet; thence South 28
degrees 28 minutes 00 seconds West a distance of 10.00 feet; thence North 61
degrees 32 minutes 00 seconds West a distance of 60.00 feet;
Exhibit C (con't.)
Sheet 2:
Phase 1, continued.
thence along a tangential curve concave to the southwest having a radius of
529.85 feet a central angle of 21 degrees 41 minutes 14 seconds an are length of
200.56 feet; thence North -83 degrees 13 minutes 14 seconds West tangent to said
curve a distance of 29.06 feet; thence along a tangential curve concave to the
northeast having a radius of 386.94 feet a central angle of 22 degrees 46
minutes 14 seconds an are length of 153.78 feet to the intersection with a line
drawn South 60 degrees 27 minutes 00 seconds East from the point of beginning;
thence North 60 degrees 27 minutes 00 seconds West a distance of 130.00 feet to
the point of beginning.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT:
Beginning at the northeast corner of the Southwest Quarter of said Section 31;
thence southerly along the east line of said Southwest Quarter a distance of
368.80 feet; thence southwesterly along a tangential curve concave to the
northwest having a radius of 452.59 feet a central angle of 16 degrees 33
minutes 43 seconds an are length of 130.83 to a point hereinafter referred to as
point A; thence continuing southwesterly along said curve with a central angle
of 4 degrees 08 minutes' 47 seconds an are length of 32.75 feet; thence
southwesterly tangent to said curve a distance of 36.22 feet; thence southerly
along a tangential curve I concave to the east having a radius of 587.32 feet a
central angle of 6 degrees 41 minutes 42 seconds an are length of 68.63 feet;
thence westerly parallel with the north line of said Southwest Quarter a
distance of 151.66 feet; thence northerly at right angles to the intersection
with a line drawn westerly parallel with said north line from the above
referenced point A; thence westerly parallel with said north line a distance of
532.22 feet; thence northerly to a point on said north line distant 750.00 feet
west of the northeast corner of said Southwest Quarter; thence easterly along
said north line a distance of 750.00 feet to the point of beginning.
Descr' ion prepared by:
J7
onald A. Swanson, Land Surveyor
Minnesota Registration No. 10183
` Description prepared for:
Hampton Development Corporation Exhibit D
12433 Princeton Avenue
Savage, Mn. 55378
PROPERTY DESCRIPTION FOR RESIDUE PARCEL:
That part of the Southwest Quarter of Section 31, Township 115, Range 19, Dakota
County, Minnesota described as follows:
Commencing at the northeast corner of said Southwest Quarter; thence southerly
along the east line of said Southwest Quarter a distance of 368.80 feet to the
point of beginning of the land to be described ; thence southwesterly along a
tangential curve concave to the northwest having a radius of 452.59 feet a
central angle of 20 degrees 42 minutes 30 seconds an are length of 163.58 feet;
thence southwesterly tangent to said curve a distance of 36.22 feet; thence
southerly along a tangential curve concave to the east having a radius of 587.32
feet a central angle of 20 degrees -42 minutes 30 seconds an arc length of. 212.27
feet; thence South 00 degrees 28 minutes 30 seconds West tangent to said curve
and parallel with said east line a distance of 58.00 feet; thence North 83
degrees 37 minutes 14 seconds West a distance of 93.86 feet; thence North 89
degrees 48 minutes 53 seconds West a distance of 341.00 feet;thence North 89
degrees 45 minutes 45 seconds West a distance of 60.22 feet; thence North 82
degrees 40 minutes 58 seconds West a distance of 115.00 feet; thence North 72
degrees -.14 minutes 15 seconds West a distance of 5.55 feet; thence South 19
degrees -03 minutes 52 seconds West a distance of 261.00 feet; thence South 33
degrees 41 minutes 49 seconds West a distance of 303.94 feet; thence South 31
degrees 47 minutes 15 seconds East a distance of 107.00 feet; thence South 71
degrees 44 minutes 48 seconds East a distance of 71.47 feet; thence South 42
degrees 47 minutes 21 seconds East a distance of 96.18 feet; thence South 21
degrees 48 minutes 05 seconds West a distance of 46.75 feet; thence South 61
degrees 32 minutes 00 seconds East a distance of 12'.25 feet; thence South 28
degrees 28 minutes 00 seconds West a distance of -120.00 feet; thence North 61
degrees 32 minutes 00 seconds West a distance of 180.00 feet; thence South 28
degrees 28 minutes 00 seconds West a distance of 10.00 feet; thence North 61
degrees 32 minutes 00 seconds West a distance of 60.00 feet; thence along a
tangential curve concave to the southwest having a radius of 409.85 feet a
central angle of 21 degrees 41 minutes 14 seconds an are length of 155.13 feet;
thence North 83 degrees 13 minutes 14 seconds West tangent to said curve a
distance of 29.06 feet; thence along a tangential curve concave to the northeast
having a radius of 506.94 feet a central angle of 22 degrees 46 minutes 14
seconds an are length of 201.47 feet; thence North 60 degrees 27 minutes 00
seconds West tangent to said curve a distance of 130.00 feet to the east line of
the plat of WEST RIDGE THIRD ADDITION: thence South 29 degrees 33 minutes 00
seconds West along said east line and the east line of the plat of WEST RIDGE
SECOND ADDITION a distance of 140.00 feet to the northwest corner of Lot 1,
Block 3, of said plat of WEST RIDGE SECOND ADDITION; thence southeasterly,
southwesterly, easterly, southerly, and westerly along the northerly, easterly
and southerly line of. said plat of WEST RIDGE SECOND ADDITION to the northeast
corner of the plat of WEST RIDGE FIRST ADDITION: thence southerly along the
easterly line of WEST RIDGE FIRST ADDITION to the south line of said Southwest
Quarter; thence East along said south line to the southeast corner of said
Southwest Quarter; thence northerly along the east line of said Southwest
Quarter to the point of beginning.
Descri ion prep ed b
onald A. Swanson, Land Surveyor
Minnesota Registration No. 10183
(Pity of (Rosemount
PHONE (612) 423.4411 2875 - 145th Street West, Rosemount, Minnesota
FAX (612) 423.5203 Mailing Address:
P.O. Box 510, Rosemount, Minnesota 55068.0510
TO: Mayor E.B. McMenomy
Councilmembers
FROM: Lisa Deese, Director of Planning
Rick Pearson, Assistant Planner
DATE: October 30, 1992
SUBJ: November 3, 1992 City Council Agenda
Shannon Pond Development
I. LOT SPLIT APPLICATION
MAYOR
Edward B. MoMenomy
COUNCILMEMBERS
Sheila Klassen
James (Red) Staats
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
Mr. Jim Allen and Gary Berquist of Hampton Development Corporation are requesting
approval of a lot split so that they can record the deed for land purchased from the
Gergen family. This normally occurs as a plat is filed with the County in the platting
process. In this case, however, Hampton Development Corporation is interested in
legally separating the parcel purchased from the Gergens from the other parcels that are
optioned, as well as that which remains of the original farm.
This is a metes and bounds lot division that requires a minimum of five acres in size and
300 feet in width. Subdivision into smaller parcels requires platting procedures. The
City requires this procedure to ensure that any lot created is buildable and has access to
public streets and services. In the absence of sewer and water, the ability of a lot to
support a private septic system and a well is necessary. This land will be further
subdivided via the preliminary and final platting process.
This type of lot split requires a resolution of approval from the City Council, in
conformance with the City's Subdivision Ordinance, as well as County policy. Lot
splits, or the separation of a tract of land under single ownership, into two parcels where
the resulting parcels are greater than 20 acres and 500 feet in width, for residential uses.
The parcel has potential access in three different locations. Along approximately 610
feet of unimproved Danville Avenue, platted as part of West Ridge Third Addition;
along approximately 195 feet of frontage to Shannon Parkway; and 160 feet that
terminates at the quarter section line at Danbury Avenue. The frontage along Danville
Avenue is not improved at this time.
i6very1hings (Poming (Up gosemounlY
Shannon Pond Development/Lot Split Request
November 3, 1992 City Council Agenda
Page Two
H. CON DEMATION CONSIDERATION
Previously, when the City Council considered condemnation of the 120 -foot strip not
owned by the developer, the discussion centered on whether or not this was an
appropriate precedent to set for use of the condemnation power. As you will recall, the
City Council felt that the efforts made by the Hampton Development Corporation to
work with the Rosemount Development Company to reach a deal on the property had not
been exhausted.
It is our understanding that several offers and counter-offers have been made, but no
agreement has been reached. Mr. Allen has indicated that a final offer was made to
Rosemount Development Company several weeks ago and they have not responded.
Hampton is considering this a rejection of their offer. At this point they have decided
that if condemnation is not considered by the City Council, they will redraw the plat.
The -plat as currently proposed fits into the layout established by the West Ridge PUD.
Proposed street alignments generally correspond with existing storm sewer and water
lines.
The developers have not submitted a revised preliminary plat for consideration.
Planning staffs initial assessment indicates that a revised plat, which excludes the 120 -
foot strip, is likely to necessitate the creation of an outlot to insure that the strip and land
to the south of it can be developed under the R-1 zoning standards.
The street alignments required for Danville and 156th Street are established in the West
Ridge PUD, approved in 1986. Part of Danville Avenue, abutting the development, is
platted (West Ridge 2nd & 3rd), but not completely improved. Water lines servicing
West Ridge are installed in the proposed alignment for 156th Street running through the
proposed development. Changing this street alignment will necessitate relocation of
those lines.
At issue, is whether or not the Council considers condemnation of the 120 -foot strip to
serve a -public purpose. Planning staff believes that a key question that the Council must
address is whether or not a revised design will have a detrimental effect on the provision
of utilities and streets to the neighborhood.
FLUEGEL MOYNIHRN TEL No.16124389777 Oct 29,02 16:01 No.006 P.02
F,UFGF11 MOYNIHAN & MIFFS, P.A.
ATTORNEYS AT LAW
Donald J. Fiuegel
Shawn M. Moynihan
J. Michael Mlles
M E M n R A N D U M
TO! Lisa Freese, Director o
VROM: J. Michael Mile -1
DATE: October 29, 1992
1303 South Frontage Hoad
Hastings, MN 55033
Telephone: (612) 438-9777
Fax: (612) 438-9775
t Planning, City of Rosemount
�1;. c/
RE: Doctrine of Public Purpose in Condemnation Proceedings
You have requested a brief memorandwn addressing generally what
would constitute "Public purpose" which would trigger a
municipality's ability to condemn real property. in responding to
your request, it is helpful to look at both the statutory
underpinnings of municipal condemnation powers and the way in which
courts have viewed a municipality's Eminent domain exercise.
STATUTORY AUTHORITY
Minnesota municipalities are generally authorized to exercise the
right of eminent domain under Minn. Stat. §465.01. That statute
provides in relevant part
All cities may exercise the right of eminent domain for
11ho purpose of acquiring private property within or
without the corporate limits thereof for any purpose for
which it is authorized by law to take or hold the same by
j)Urc.11"sU1- gift . . .
PUBLIC PURPOSE DOCTRINE,
The power of condemnation may bo exercised only for a public use or
purpose in Minnesota. Port Auth . y. Groppoli. , 2.9:5 Minn. 1, 7.02
N.w.2d 371 (1972). The Minnesota Supreme Court has interpreted the
term pub.l.Jo use quite broadly and will generally defer to the
judgment of the condemning authority as to whether a taking is in
furtherance of a public purpose. Court decisions have tended to
expend. rather than to restrict the definition of public purpose.
Housing and Redev. Auth. v. Greenman, 255 Minn. 396, 96 N.w.2d 673
(1959) . In fact, the Greenman case specifically held tbaat, a
municipality's conveyance of property to a private redeveloper
immediately after its acquisition by enlniTiont domain does not remove
FLUEGEL MOYNIHAN TEL No.16124389777 Oct 29,02 16:01 No.006 P.03
the public nature of the taking.
Of course, I will be available at the City Council meeting to
answer additional questions regarding condemnation and public:
purpose.
JMM:dso
(Pity of (Rosemount
PHONE (612) 423.4411 2875 - 145th Street West, Rosemount, Minnesota
MAYOR
FAX (612) 423.5203 Meiling Address:
Edward B. McMenomy
P.O. Box 510, Rosemount, Minnesota 55068-0510
COUNCILMEMBERS
Shelia Klassen
October 9, 1992
James
a H (Red)
Rw
Harry lcoxats
Dennis Wipperrnann
ADMINISTRATOR
Stephan Jilk
James E. Allen
Gary Berquist
Hampton Development
12433 Princeton Avenue South
Savage, MN 55378
Dear Gentlemen:
As we discussed in our meeting on October 7, 1992, this letter is a follow-up for the purpose of
communicating to you the position of Rosemount's planning and engineering staffs as to the
location of certain roadways impacting on your proposed development. For your planning
purposes, please be advised that the planning and engineering staffs intend to recommend to the
Rosemount City Council that the roadways we discussed on October 7, 1992 on the
northwestern portion of your proposed development be completed as per the drawings presented
to the City by SEH. Please be aware, however, that the staff's recommendation is subject to
the following caveats:
1. Since certain portions of the land intended to be used for the roadways in question are
neither owned by your company nor the City of Rosemount, the availability of that land is
within the control of a third parry. The third parry's ownership of the land may create
difficulties in implementing the roadway plan which are completely beyond the control of
Rosemount city staff.
2. The city staffs sole authority in situations such as the present one is limited to making
recommendations to the Rosemount City Council and implementing the decisions that the
City Council,. in its discretion, chooses to make.
3. Accordingly, it must be clearly understood that city staff does not have the power of
condemnation in the event that an accommodation cannot be reached between the third party
owning the land which needs to be acquired for the roadway.
4. The City Council does have the authority to order the commencement of condemnation
proceedings, but only in circumstances where the condemnation is undertaken for a "public
purpose". _
5. As was discussed on October 7, 1992, city staff cannot predict what action the Council will
take, but, to date, members of the City Council have exhibited considerable reluctance to
exercise the City's powers to resolve differences between developers.
(Sverylkings (90ming (Up Rosemountll
Hampton Development
October 9, 1992
Page Two
In conclusion, while city staff is prepared to recommend the location of the roadways as
described above, it is important that you understand that the staff's recommendation in no way
guarantees or assures that the roadways will ultimately be so situated.
Please contact us if you have additional questions at this point in time.
Very truly yours,
Ron Wasmund
Public Works Director
Lisa Freese
Planning Director
Phillip R. Kras,*lt
1)(-nnis L. %ionrite
Barre K. Mey(T
Mirk J Nlo n(ss x
1lnrrac R. Klane
Klaw offices
RASS
MON'�
ROE
chartered
August 3, 1992
Mr. Ron Wasmund
CITY OF ROSEMOUNT
P.O. Box 510
Rosemount, MN 55068
Re: Gergen Parcel
Our File No. 4464-14
Dear Mr. Wasmund:
James B. Crof
Orlin Q Te Slaa -
Patricia NJ. Welle
Kathryn E. Kelb,
Timothy F. Nloynihal
'Certdu'd 0%-d I ial SpMiati
i AN) Admitted in U tsnm,
x Also Admitted to Cehh,rr:.
+Also Admitted In Smth nat.-
RECEIVED
AUG 41992
CI1'Y OF HuSENiGUN'
Pursuant to the planning commission request, our clients have
met on several occasions with representatives of the Broback family
in an effort to resolve. the issue of the acquisition of the
approximately 2.1 acres encumbered by the City storm sewer
easement.
Mr. Robert Smith prepared and presented to the family drawings
indicating a proposed exchange of what we consider to be the most
comparable property of ours for the Broback's- property. Weare
prepared to do this despite the fact the Broback's property is
encumbered by the storm sewer easement and is basically of no value
at all to them. They rejected our proposal.
As you are aware, we also offered them cash of $8,300 an acre,
the price we paid for the unencumbered land surrounding the 2.1
acres. That too was rejected and the family indicated they did not
even want to talk about a cash purchase. Rather, thev have offered
to purchase the encumbered land for other land of ours which is
clearly, in our mind, superior.
Our last meeting was this morning at the office of Michael
Broback, attorney for the family, and after approximately a one
hour meeting it became clear that there was simply no middle ground
available.
Consequently, please accept this letter as a formal request
that the City proceed to acquire the 2.1 acre parcel which has the
storm sewer located within it. We are prepared to enter into an
agreement with the City to acquire that 2.1 acre parcel from the
City at the City's cost through condemnation.
`rUlliMdil+0'111!; Jlllt' 1111 , 16:rill 82rld �! IL I;i, .�I JH i1-1isT 11;1„ilit21-re,01`:.1 '!,f,''er
Mr. Ron Wasmund
August 3, 1992
Page -2-
We would ask that you commence the condemnation immediately so
that the 90 -day "quick take" period expires as soon as possible and
the City would then own the property.
We will be asking the planning commission to approve our
preliminary plat and forward it to the city council, subject to our
acquiring and proving good title. I would then request the City
Council table the preliminary plat until the condemnation procedure
gets under way and the 90 -day "quick take" period ends. If your
subdivision ordinance requires the city council to act on a
preliminary plat within a certain period of time subsequent to the
planning commission's actions, please accept this' letter as a
Wc3luar of that time- *t?crlOr?. Should you req1:1= 2 ,{.vITiEt-h iig More
formal, please forward an agreement to that effect and I will have
my client execute it.
I am sure I don't have to tell you that this delay is going to
be very costly to our development. In an effort to keep those
additional costs as low as possible, we are requesting a
preliminary grading permit, or such permit is as required by the
City to allow us to do work in accordance with our preliminary
grading plan which we have already submitted. Needless to say, we
would not be doing any grading on property we do not own. If we're
not able to grade this fall, however, we will probably lose an
entire selling season and the first group of home will be erected
(and pay taxes) a year late.
We very much appreciate the City's assistance in resolving
this very difficult development issue and we are certainly sorry
we're having to ask the City for help. Considering that this is a
trunk facility, it is probably best that fee title to the sewer
line end up with the City ultimately_
Should you have any questions, please don't hesitate to call.
Thank vou.
Very truly yours,
Phiq-1ipLR. Brass
Attorney at Law
PRK/bmp
cc: Jim Allen
Robert P. Smith
CIO
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PLANNED UNIT DEVELOPMENT
AND SUBDIVISION AGREEMENT ADDENDUM LI
WEST RIDGE ADDITIONS
AGREEMENT dated , 1992, between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation (the "City"),
and ROSEMOUNT DEVELOPMENT COMPANY, a Minnesota corporation (the
"Developer). "
1. Revised Planned Unit Development Approval. The City
has previously approved a Planned Unit Development for "WEST
RIDGE" (the "plat") by Agreement dated June 2, 1987 and ADDENDUM
I dated December 20, 1989. Except to the extent that it is
specifically modified by this Agreement, the Agreement dated June
2, 1987 and Addendum I dated December 20, 1989, shall remain in
full force and effect.
2. Phasing. The Developer shall develop the remaining
portion of the Plat in accordance with phasing identified on the
following Plan on file with the City:
A. Revised Phasing Plan, January 1992.
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:
Stephan Jilk, City Administrator
ROSEMOUNT DEVELOPMENT COMPANY
BY:
Its
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Individ,:et(s) to Corporation or Partnership
No delinquent taxes and transfer
entered; Certificate of Real Estate
Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
__ . 19
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $
Date: Avril ( , 199?_
FOR VALUABLE CONSIDERATION, Isadore J Geraen and J Clarice Geraen
husband and wife , Grantor
hereby convey(s) and warrant(s) to Hampton Development Corporation
Grantee,
a corporation under the laws of
real property in County, Minnesota, described as follows:
See Exhibit "Alt attached hereto and incorporated herein by
reference.
THE SELLER Comm THAT
THE Sal& DOES NOT KNOW
OF ANY WPLLS ON THE
DESCRIBED REAL PROPERTY.
together with all hereditaments and appurtenances belonging thereto, subject to the
following exceptions:
easements, covenants and restrictions of record.
Isadore J. ergen
2
J. larice Gergen
STATE OF MINNESOTA I
COUNTY OF OLMSTED
The foregoing instrument was acknowledged before me this 11— day of April ,
1992 , by Isadore J Geraen and J Clarice Geraen husband and wife
Grantor (s).
NOTARIAL SjMP OR SEAL (OR OTHER TITLE OR :RANK) Q j, /
SIGNATURE OF PERSON TAKING� ACK�NNONLEDGNENT
MICHAEL S. MELLUM
NOTARY "L.—MME90TA
OLMSTED COUNTY
W OOYYWgN EXPM 1614N
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
DUNLAP, FINSETH, BERNDT &
SANDBERG, P.A.
505 MARQUETTE BANK BUILDING
POST OFFICE BOX 549
ROCHESTER, MN 55901
(507) 288-9111
Tu wrmmu fa de —1 pcgnry d".*W N e& bw.e.a deux ban b (hehd. — ad
.dd.ae. d Otiae1:
Hampton Development Corporation