HomeMy WebLinkAbout5.b. Amber Woods Estate Final Plat & Development ContractCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: July 16, 1991
AGENDA ITEM: Amber Wood Estates Final Plat & AGENDA SECTION:
Development Contract Old Business
PREPARED BY: AGENDA NOFTEM
Lisa J. Freese, Director of Planning 66 !lYYii .i
ATTACHMENTS: Final Plat, Development Contract APPR D Y:
Planning Commission Review L'� ��i
Attached are copies of the Amber Wood Estates final plat and development
contract. The plat is consistent with the preliminary plat approved by the
City Council on September 4, 1990. The Planning Commission reviewed the
final plat on May 28, 1991 and recommended approval subject to the
following:
1. Detailed engineering recommendations;
2. Cash Park dedication;
3. Subdivision Development Contract; and
4. City Council resolution of the street/utility easement.
According to Ron Wasmund, Public Works Director, all of the outstanding
street alignment, grading, and drainage issues have been resolved. The
developer has submitted the required cash park dedication fee and has
established a cash escrow account for the public improvements as specified
in the proposed development contract.
There is one remaining issue that the Council needs to address prior to
approving the final plat. The final plat shows a utility easement
extending south from the cul-de-sac. This conflicts with the preliminary
Master Parks Plan which designates this corridor as a key link in the trail
system. If the Plat is approved as is with only a utility easement, the
trail linkage opportunity would be less certain. The utility easement
would preserve the corridor, but any development of a trail would require
negotiations/acquisitions with the owners of the two affected lots (Lots 4
& 5). If the Council wants to insure the trail system linkage, a trail and
utility easement should be required at the time of platting rather than
through negotiations with multiple property owners at a future date.
RECOMMENDED ACTION: Recommend approval of the Development Contract
and Final Plat for Amber Woods Estates subject to the utility easement
being expanded to a trail and utility easement south of the cul-de-sac.
COUNCIL ACTION:
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DEVELOPMENT CONTRACT
AMBER WOOD ESTATES
AGREEMENT dated day of , 1991, by and between the
City of Rosemount, a Minnesota municipal corporation, ("City"), and
Amber Wood Partnership, a Minnesota partnership, (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to
approve a plat for Amber Wood Estates (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, 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 the 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 and Grading
.. Plan
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lights
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pursuant to this Development Contract have been installed and
accepted by the City.
8. Erosion Control. After the site is rough graded, but before any
utility construction is commenced or building permits are issued,
the erosion control plan, Plan B, shall be implemented by the
Developer and inspected and approved by the City. The City may
impose additional erosion control requirements if they would be
beneficial. 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 surety to pay any costs. No development will be allowed
and no buildings permits will be issued unless the plat is in full
compliance with the erosion control requirements.
9. Clean up. The Developer shall promptly clean dirt and debris
from street that has resulted construction work by the Developer,
its agents or assigns, within 24 hours after notice from the City.
10. Ownership of Improvements. Upon completion of the work and
construction required by this Contract and upon acceptance of the
work performed, the improvements lying within public easements shall
become City property.
11. Final Acceptance. The City Council shall approve final
acceptance based upon recommendation by the City Engineer. The City
Engineer's recommendation will occur upon successful completion of a
final inspection made by the Developer's contractor and engineer and
City authorized representatives.
12. Security. The Developer shall furnish the City with a cash
escrow account in the amount of $78,000."' The amount was calculated
as follows:
Streets and Drainage $ 65,000
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Street Lights $ 3,000
Erosion Control/Landscaping $ 5,000
Engineering, Surveying and
Inspection $ 5,000
The terms and conditions of the cash escrow account are included in
a separate Escrow Agreement, attached hereto as Exhibit "B".
13. 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.
Any replacements shall be warranted for twelve (12) months from the
time of planting. The Developer shall post maintenance bonds or
other security acceptable to the City to secure the warranties.
14. Responsibility for Costs
A. Except as other wise 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 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.
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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 and construction
until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of 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, building permit fees
and storm sewer fees.
15. Landscaping and Trees.
A. The Developer shall not damage or remove any trees except as
indicated on the grading plans to be approved by the City
and submitted with the plat. Trees shall be protected from
destruction by snow fences, flagging, staking or other
similar means during grading and construction.
16. Utility, Pond and Drainage Easements. The Developer shall
dedicate to the City at the time'of final plat approval utility,
drainage and ponding easements located within or outside the plat,
including access, as required to serve the development.
17. Park Dedication. Based upon the maximum number of housing units
permitted in the plat, the total park dedication for the development
is 0.32 acres.- To meet 11- this dedication requirement, the Developer
shall make a cash contribution of Three Thousand Eight Hundred Forty
and 00/100 Dollars ($ 3,840.00) to the City before the City signs
the plat.
18. 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.
19. Miscellaneous.
A. The Developer represents to the City that the plat complies
with all city, county, metropolitan, state and federal laws
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and regulations, including but not limited to: subdivision
ordinances, zoning ordinances and environmental regulations.
If the City determines that the plat does not comply, the
City may, at its option refuse to allow construction or
development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease
work until there is compliance.
B. Third parties shall have no recourse against the City under
this Contract.
C. Breach of the terms of this Contract by the Developer shall
be grounds for denial of building permits, including lots
sold to third parties.
D. If any portion, section, subsection, sentence, clause,
paragraph or phrase of this Contract is for any reason held
invalid, such decision shall not affect the validity of the
remaining portion of this Contract.
E. If building permits are issues 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 the streets
needed for access have been paved with a bituminous surface.
F. The action or inaction of the City shall no -t --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.
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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 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. r -
J. The Developer represents any taxes or assessments on the
property subject to this Agreement that 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 urider
Minnesota Statutes Annotated §273.111.
20. 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: 7300 West 147th Street, Suite 504, Apple Valley,.,
MN 55124. Notices to the City shall be in writing and shall be
either hand delivered to the City Administrator, or mailed to the
City by registered mail in care of the City Administrator at the
following address: Rosemount City Hall, 2875 145th Street West,
Rosemount, MN 55068, Attention: City Administrator.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
CITY OF ROSEMOUNT
BY:
BY:
Vernon J. Napper, Mayor
Susan M. Walsh, City Clerk
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AMBER WOOD PARTNERSHIP
BY:
STATE OF MINNESOTA )
SS
COUNTY OF DAKOTA )
Its
The foregoing instrument was acknowledged before me
this day of , 1991, by
Vernon J. Napper, 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 --_-
Amber Wood Partnership, a Minnesota partnership,
on behalf of the partnership.
Notary Public
P
a
�iiy 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: Planning Commission
FROM: Dean Johnson, Resource Strategies Corp.
DATE: May 28, 1991
SUBJ: May 23, 1991 Regular Planning Commission Meeting Reviews
4b. AMBER WOOD ESTATES FINAL PLAT
MAYOR
Vernon Napper
COUNCILMEMBERS
Sheila Klassen
John Oxborough
Harry Willcox
Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
Enclosed are copies of the Amber Wood Estates final plat. The plat is consistent with the preliminary
plat, approved by the City Council on September 4, 1990. The plat is also in conformance with the
access restriction requirements requested by Dakota County. There are some remaining unresolved
engineering issues, which may be challenged and addressed directly to the City Council.
There has also been discussion, regarding the City's requirement for a 60 -foot drainage and utility
easement, extending from the cul-de-sac to the southerly plat boundary. The obvious purpose of this is
to protect the corridor for a potential street connection in the future. In the past, the City has also
required a separate easement (not part of the plat) for street purposes.
In reviewing the preliminary plat approval by the City Council, a separate street easement was required.
Again, this is not unusual where lengthy dead end streets are involved. The preservation of the corridor
and, to a lesser extent, the cost avoidance of future easement acquisition, makes this requirement one in
the public interest.
Concern is apparently surrounding the potential for trail construction in this corridor. It is my
understanding the Master Parks Plan Committee has touched on this potential. I am not aware of any
suggestions regarding the timing of such an option, nor have any recommendationsbeenadopted by
the committee or City Council.
The staff recommendations on the easements were limited to concerns that the corridor for future street
extension be preserved. A drainage and utility easement can preserve the corridor itself; however, future
negotiations/acquisitions would be required to secure the street easements. Drainage and utility
easements do not permit streets or trails. A street easement permits trails.
Due to the absence of any specific recommendations to the Planning Commission on this matter, I
would recommend deferring the issue to the City Council. Based upon the information submitted and
the discussions noted, I would recommend Planning Commission approval of the Amber Wood Estates
final plat subject to the following:
1. Detailed engineering recommendations;
2. Cash park dedication;
3. City Council resolution of the street easement; and
4. Subdivision Development Contract.
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