HomeMy WebLinkAbout7.c. Wennsman Second Addition Final Plat(qi I
PLANNING COMMISSION
CITY COUNCIL
FROM: MICHAEL WOZNIAK, CITY PLANNER
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DATE: MAY 11, 1988
SUBJ: MAY 17, 1988 REGULAR MEETING REVIEWS - ITEM 7c.
7c. WENSMANN SECOND ADDITION - FINAL PLAT
07C.
Herb Wensmann, developer of the Wensmann Additions Planned Unit
Development, has submitted a Final Plat for 65 single family lots
to be platted as Wensmann Second Addition. The plat conforms to
the Preliminary Plat/Final PUD Plan which was approved by the
Planning Commission and Council in September 1987. This proposed
second phase of the Wensmann Development basically wraps around
the first 40 lot plat (see plat) creating a logical extension of
streets and utilities. Plans and Specifications for Wensmann
Second Addition have been reviewed and approved by the City
Engineer and a Development Contract establishing conditions for
construction of the plat has been drafted. Staff would like to
note one change which will be incorporated into the Final Plat
prior to it being signed by the required city officials. The
park dedication (6.03 acres) will be designated as "Outlot D"
rather than as "Park". The area encompassed by Wensmann Second
Addition has already been rezoned to R-1 Single Family as
required for this final plat approval. Included with this review
are copies of the Resolution required for Plat approval and of
the Development Contract.
Community Development Staff will inform the Council of Planning
Commission recommendations regarding this plat at the meeting.
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City of Rosemount
Resolution 1988-
A Resolution Approving
The Wensmann Second Addition Final Plat
WHEREAS, the City of Rosemount has approved the Wensmann
Additions preliminary plat; and
WHEREAS, a PUD Final Development Plan for Wensmann Additions
has been approved by the City; and
WHEREAS, the Planning Commission of the City of Rosemount has
reviewed and forwarded its recommendation on the Wensmann
Second Addition final plat.
NOW THEREFORE BE IT RESOLVED, the City Council of the City
of Rosemount hereby approves the Wensmann Second Addition final
plat, subject to an executed Subdivision Development Agreement.
Adopted this 17th day of May, 1988.
Rollan Hoke, Mayor
ATTEST:
Stephan Jilk, Administrator/Clerk
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DEVELOPMENT CONTRACT
(Developer Installed Improvements)
AGREEMENT dated
, 1988, by and between the
CITY OF ROSEMOUNT, a Minnesota municipal corporation, ("City"), and
HERBERT H. WENSMANN d/b/a WENSMANN REALTY and ELAINE E. WENSMANN,
husband and wife, (the "Developer").
1. Request for Plat Approval. The Developer has asked the
City to approve a plat for WENSMANN SECOND ADDITION, (referred to in
this Contract as the "plat"). The land is legally described on the
attached Exhibit "A".
2. Conditions 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. P.U.D. Approval. The City approved the Wensmann Addition
Planned Unit Development in an agreement dated
Except to the extent specifically modified by this agreement, that
agreement, as may be amended from time to time, is incorporated herein
and shall govern the development of this plat.
4. Phased Development. If the plat is a phase of a
multiphased preliminary plat, the City may refuse to approve final
plats of subsequent phases 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. Charges and special assessments referred to in
this Contract are not being imposed on outlots, if any, in the plat
that are designated in an approved preliminary plat for future
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subdivision into lots and blocks. Such charges and assessments will be
calculated and imposed when the outlots are final platted into lots and
blocks.
S. Effect of Subdivision Approval. For two (2) years from
the date of this Contract, no amendments to the City's Comprehensive
Plan, except an amendment placing the plat in the current urban service
area, or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the
approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding
anything in this Contract to the contrary, to the full extent permitted
by state law the City may require compliance with any amendments to the
City's Comprehensive Plan, official controls, platting or dedication
requirements enacted after the date of this Contract.
6. 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/Staging Plan
Plan B --Grading, Drainage, and Soil Erosion Control Plan
and Schedule
Plan C --Plans and Specifications for Public Improvements
Plan D --Landscaping Plan
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Plan E --House Pad Elevation
Plan F --Street Lights
7. Improvements. The Developer shall install and pay for the
following:
A. Sanitary Sewer
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Street Signs
G. Street Lights
H. Site Grading and Ponding
I. Gas, Electric, Phone Utilities, and Cable Television,
if cable television is available to the plat.
J. Setting of Lot and Block Monuments
K. Surveying and Staking
L. Sidewalks and/or Trails
The improvements shall be installed in accordance with City standards,
ordinances, and plans and specifications which have been prepared by a
competent registered professional engineer furnished to the City and
approved by the City Engineer. The Developer shall obtain all necessary
permits from the Metropolitan Waste Control Commission and other
agencies before proceeding with construction. The City will provide
quality control inspection through its consultants/agents, at the
Developer's expense, to assure an acceptable level of quality control
to the extent that the construction work meets the approved City
standards as a condition of City acceptance. The Developer's engineer
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shall be responsible for the interpretation of the designer's intent of
the plans and specifications, however, the City's consultant/agent
shall be responsible for determining whether the plans and
specifications meet City standards. The Developer's engineer is also
responsible for an adequate level of inspection to insure the
completion of accurate "record" plans. The Developer or his engineer
shall schedule a preconstruction meeting at a mutually agreeable time
at the City Council chambers with all parties concerned, including the
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 and three (3) blueline copies of "record"
plans.
S. Time of Performance. The Developer shall install all
required public improvements by August 15, 1988. The Developer may,
however, request an extension of time from 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.
9. 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 public improvements to be installed pursuant to
this Development Contract have been installed and accepted by the City.
10. Park Dedication. Based upon the maximum number of housing
units permitted in the Final Development Plan, the total park
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dedication for Wensmann Additions Planned Unit Development is 8.24
acres. The Developer shall dedicate to the City by warranty deed six
and 3/100 (6.03) acres of park land as sown on the Wensmann Additions
Final Development Plan before the City signs the final plat of Wensmann
Second Addition. To meet the additional dedication requirement of 2.21
acres, the Developer shall make a cash contribution of $17,680.00
before the City signs the final plat of Wensmann Second Addition.
11. Park and Trail Development. The park shall be rough
graded, mulched, seeded, and fertilized concurrent with site grading of
Wensmann Second Addition according to a park grading plan to be
provided by the City. Trails, dedicated by the Developer, constructed
in accordance with a plan to be approved by the City, shall be
completed at the time street improvements are constructed in the
addition where the sidewalks and trails, or portions thereof, are
located. Location of trails shall conform to the Wensmann Additions
Final Development Pian and shall be of six (6) foot width concrete
construction. The Developer shall provide, at its own expense, sewer
and water lines in the streets within its subdivisions that will serve
the park, as well as service stubs to the edge of the street right-of-
way in accordance with plans submitted by the City.
12. 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 H, 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.
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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 Developer 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 and 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. Clean up. The Developer shall promptly clean dirt and
debris from streets that has resulted from construction work by the
Developer, its agents or assigns.
14. ownership of Improvements. Upon completion of the work
and construction required by this Contract and final acceptance by the
City, the improvements lying within public easements shall become City
property without further notice or action.
14a. 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
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final inspection made by the Developer's contractor and engineer and
City authorized representatives.
15. Security. To guarantee compliance with the terms of this
Contract, payment of special assessments, 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 $307,000.00. The amount
of the security was calculated as follows:
Sewer and Water $ 159,000.00
Streets and Drainage $ 105,000.00
Street Lights $ 80,000.00
Erosion Control/Landscaping $ 20,000.00
Engineering, Surveying and
Inspection $ 15,000.00
The bank and form of the security shall be subject to the approval of
the City Administrator. The security shall be for a term ending
December 31, 1988. The City may draw down the security, without notice,
for any violation of the terms of this Contract. If the required public
improvements are not completed at least thirty (30) days prior to the
expiration of the security, the City may also draw it down. With City
approval, the security may be reduced from time to time as special
assessments and other financial obligations are paid.
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.
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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.
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,
employees, and agents 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, employees, and agents 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
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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 all 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 bilis are paid in full.
Bills not paid within thirty (30) days shall accrue interest at the
rate of 8% 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, and
building permit fees.
G. The Developer shall pay Seven Thousand Five Hundred
($7,500.00) Dollars for its share in the costs of installation and
maintenance of the inplace temporary lift station and force main
serving the development. The charge shall be assessed against the plat
over a 3 -year period with 8% interest on the unpaid balance. The
assessment shall be deemed adopted on the date this Agreement is signed,
by the City. The assessments may be assumed or prepaid at any time. The
Developer waives any and all procedural and substantive objections to
the assessments including any claim that the assessments exceed the
benefit to the property. The Developer waives any appeal right
otherwise available pursuant to M.S.A. § 429.081.
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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 forty-eight (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
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,
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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, and if as a result there are
delays in completion of public improvements or damage to public
improvements caused by the City, Developer, its contractors,
subcontractors, materialmen, employees, agents, or third parties, the
Developer shall assume all liability and hold the City harmless for any
costs the City may incur. No one may occupy a building for which a
building permit in the plat is issued, on either a temporary or
permanent basis, until public sanitary sewer and water lines have been
installed, hooked up, tested, and approved by the City. Occupancy prior
to street completion may permitted, at the City's discretion, by
separate agreement. The timetable for issuing building permits, prior
to the completion of public improvements, shall be determined by the
City Engineer.
F. The action or inaction of the City shall not
constitute a waiver or amendment to the provisions of this Contract. To
be binding, amendments or waivers shall be in writing, signed by the
parties, and approved by written resolution of the City Council. The
City's failure to promptly take legal action to enforce this Contract
shall not be a waiver or release.
G. The Developer represents to the City to the best of
its knowledge that the plat is not of "metropolitan significance" and
that an environmental impact statement is not required. If the City or
another governmental entity or agency determines that such a review is
needed, however, the Developer shall prepare it in compliance with
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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. Developer shall take out and maintain until six (b)
months after the City has accepted the public improvements, public
liability and property damage insurance covering personal injury,
including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly
or indirectly employed by any of them. Limits for bodily injury and
death shall be not less than $500,000 for one person and $1,000,000 for
each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence, or a combination single limit policy of
$1,000,000 or more. The City shall be named as an additional insured on
the policy, and the Developer shall file with the he City a certificate
evidencing coverage prior to the City signing the plat. The certificate
shall provide that the City must be given ten (10) days advance written
notice of the cancellation of the insurance. The certificate may not
contain any disclaimer for failure to give the required notice.
J. 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
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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.
K. The Developer may not assign this Contract without the
written permission of the City Council.
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: 14340 Pilot Knob Road, Apple Valley, Minnesota
55124. Notices to the City shall be in writing and shall be either hand
delivered to the City Administrator/Clerk, or mailed to the City by
registered mail to the attention of the City Administrator/Clerk at the
following address: Rosemount City Hall, 2875 - 145th Street West,
Rosemount, Minnesota 55068.
(SEAL)
CITY OF ROSEMOUNT
BY:
Rollan Hoke, Mayor
BY:
Stephan Jilk,
City Administrator/Clerk
DEVELOPER:
HERBERT H. WENSMANN, d/b/a
WENSMANN REALTY
ELAINE E. WENSMANN
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STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1988, by Rollan Hoke, Mayor, and by Stephan
Jilk, Administrator/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 , 1988, by Herbert H. Wensmann, d/b/a Wensmann
Realty and Elaine E. Wensmann, husband and wife.
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
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NOTARY PUBLIC
CONSENT
, fee owners of
all or part of the subject property, the development of which is
governed by the foregoing Development Contract, affirm and consent to
the provisions thereof and agree to be bound by the provisions as the
same may apply to that portion of the subject property owned by them.
Dated this day of , 1988.
STATE OF MINNESOTA )
{ ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by
STATE OF MINNESOTA ) NOTARY PUBLIC
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1988, by .
DRAFTED BY:
Grannis, Grannis, Farrell
& Knutson, P.A.
403 Norwest Bank Building
161 North Concord Exchange
South St. Paul, MN 55075
(612) 455-1661
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NOTARY PUBLIC