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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: 0 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 r] 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 3 P 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. 4 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 5 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. C 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 7 . o r 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. 6verylLngs Covning `(,x(,16 gosenmouni.1.1 4LJ 100%, ,,4d"P"