HomeMy WebLinkAbout7.j. O'leary's Hills / Wensmann Additions Guide Plan AmendmentCITY OF ROSEMOUNT
RESOLUTION 1987-
A RESOLUTION APPROVING
COMPREHENSIVE GUIDE PLAN AMENDMENT NO. 9
WHEREAS, the Planning Commission of the City of Rosemount has
recommended approval of Comprehensive Guide Plan Amendment
No. 9, which causes the addition of seventy (70) acres to the
Metropolitan Urban Service Area; and
WHEREAS, the Metropolitan Council has approved Comprehensive
Guide Plan Amendment No. 9.
NOW THEREFORE BE IT RESOLVED, the City Council of the City
of Rosemount hereby approves Comprehensive Guide Plan
Amendment No. 9, subject to PUD Final Development Plan
Approval for Wensmann Additions and O'Leary's Hills.
Adopted this 21st day of July, 1987.
Leland S. Knutson, Mayor
ATTEST:
Stephan Jilk, Administrator/Clerk
DEVELOPMENT CONTRACT
AGREEMENT dated , 1987, by and between
the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the
"City"), and PARKVIEW, INC., a Minnesota corporation, (the "Devel-
oper").
1. Request for Plat Approval. The Developer has asked
the City to approve a plat of land to be known as O'LEARY'S HILLS
THIRD ADDITION, (also 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 O'Leary's
Hills Planned Unit Development in an agreement dated
1987. Except to 'the extent specifically modified by this agreement,
that agreement, as may be modified from time to time, is incorporated
herein and shall govern the development of this plat.
4. Phased Development. The City may refuse to approve
final plats of subsequent additions of the plat if the Developer
has breached this Contract and the breach has not been remedied.
Development of subsequent phases may not proceed until Development
Contracts for such phases are approved by the City.
5. Effect of Subdivision Approval. For two (2) years
from the date of this Contract, no amendments to the City's Compre-
hensive 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
07/16/87(RM.5)
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
Plan B --Soil Erosion Control Plan and Schedule
Plan C --Engineering Feasibility Report
Plan D --Plans and Specifications for Public Improvements
Plan E --Grading Plan
Plan F --House Pad Elevations
Plan G --Street Lights
7. Installation of Public Improvements. The City shall
design and construct the following public improvements within the
plat:
A. Watermain
B. Sanitary sewer
C. Storm sewer
D. Streets, curb and gutter
E. Street lights
F. Bituminous trails
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The Developer shall be required to complete all site grading prior
to the installation of public improvements. Temporary cul-de-sacs
shall be installed at all locations where streets temporarily dead
end, whether due to phasing within the development or where future
extensions are proposed outside of the development. Barriers shall
be provided by the Developer for temporary dead ends on streets
(to meet MnDot sign standards).
8. Private Improvements. The Developer shall install
in accordance with City ordinances and standards and pay for the
following in accordance with the referenced completion dates:
A. Site Grading (completed by )
B. Surveying and Staking
C. Setting of Lot and Block Monuments (completed
by )
D. Gas, Electric, Phone Utilities, and Cable -Tele-
vision, if cable television is available to the
plat.
E. Street Signs (completed by )
9. Grading Plan/Site Grading. The Developer shall submit
to the City a site grading and drainage plan for the entire plat
acceptable to the City showing the grades and drainage for each
lot prior to installation of the improvements. Site grading shall
be completed by the Developer at its cost and approved by the City
Engineer prior to the awarding of the contract by the City for
installation of utilities. Developer shall furnish the City Engineer
satisfactory proof of payment for the site grading work and shall
submit a certificate survey of the development to the City after
site grading, with street and lot grades, prior to the awarding
of the contract for installation of utilities. All improvements
to the lots and the final grading shall comply with the grading
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plan as submitted and shall be the responsibility of the Developer.
10. License. The Developer hereby grants the City, its
agents, employees, officers and contractors a license to enter the
plat to perform all work and inspections deemed appropriate by
the City during the installation of public improvements by the
City. The license shall expire after the plat has been developed.
11. Erosion Control. Prior to site grading, and before
any utility construction is commenced or building permits are issued,
the erosion control plan, Plan B, shall be implemented, inspected,
and approved by the City. All areas disturbed by the excavation
and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided
in the erosion control plan, seed shall be rye grass or other
fast-growing seed suitable to the existing soil to provide a tempo-
rary 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 ;comply with the erosion control plan
and schedule or supplementary instructions received from the City,
the City may take such action as it deems appropriate to control
erosion. The City will endeavor to notify the Developer in advance
of any proposed action, but failure of the City to do so will not
affect the Developer's or City's. rights -or obligations hereunder.
If the Developer does not reimburse the City for any cost the City
incurred for such work within thirty (30) days, the City may draw
down the letter of credit to pay any costs. No development will
be allowed and no building permits will be issued unless the plat
is in full compliance with the erosion control requirements.
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12. Planting and Seeding. The Developer shall plant
one (1) two inch caliper deciduous tree on each street frontage
of each lot and the Developer shall also seed or sod the boulevards,
all at its own costa
13. Clean up. The Developer shall clean dirt and debris
from streets that has resulted from construction work by the Devel-
oper, its agents or assigns, within 24 hours after notice by the
City.
14. Ownership of Improvements. Upon Completion of the
work and construction required by this Contract, the improvements
lying within public easements shall become City property without
further notice or action.
15. Assessment of Costs. The City shall assess the cost
of the public improvements referred to in Paragraph 7 above together
with administrative, planning, engineering, capitalized interest,
legal and bonding costs against the plat. The assessments shall
be deemed adopted on the date this Contract is signed by the City.
The assessments shall be paid over a 3 -year period without defer-
ment, together with interest at a rate set by the City. Before
the City issues a Certificate of Occupancy for a structure built
on a lot, all of the aforementioned assessments against the lot
must be paid in full. The Developer waives any and all procedural
and substantive objections to the installation of the public improve-
ments and the special assessments, including but not limited to
hearing requirements and any claim that the assessments exceed
the benefit to the property. The Developer waives any appeal rights
otherwise available pursuant to M.S.R. § 429.081.
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16. Security. The Developer shall furnish the City with
an irrevocable letter of credit for $ The amount was
calculated as follows:
Landscaping $
Erosion Control $
The bank and form of the letter of credit shall be subject to the
approval of the City Administrator. The letter of credit shall
be for a term ending December 31, 1988. In the alternative, the
letter of credit may be for a one year term provided it is auto-
matically renewable for successive one year periods from the present
or any future expiration dates with a final expiration date of
December 31, 1988, unless sixty (60) days prior to an expiration
date the bank notifies the City that it elects not to renew for
an additional period. The letter of credit shall secure compliance
with the terms of this Contract and all financial obligations of
the Developer under it. The City may draw down the letter of credit,
without notice, for any violation of the terms of this Contract
or upon receiving notice that the letter of credit will be allowed
to lapse before December 31, 1988.
17. Warranty. The Developer warrants all work required
to be performed by it against poor material and faulty workmanship
for a period of one (1) year 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.
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18. Responsibility for Costs.
A. Except as otherwise specified herein, the Devel-
oper 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 moni-
toring 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.
E. The Developer shall pay in full all bills sub-
mitted to it by the City for obligations incurred under this Contract
within thirty (30) days after receipt. If the bills are not paid
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on time, the City may halt all plat development work and construc-
tion, including but not limited to the issuance of building permits
for lots which the Developer may or may not have sold, until the
bills are paid in full. Bills not paid within thirty (30) days
shall accrue interest at the rate of 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 make a cash contribution
to the City of Four Thousand Two Hundred and 00/100 ($4,200.00)
Dollars for park dedication before the City signs the final plat.
H. The Developer represents any taxes or assessments
on the property subject to this Agreement 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 under Minnesota Statutes Annotated § 273.111.
I. The Developer shall pay Three Thousand One Hundred
and 00/100 ($3,100.00) Dollars for its share in the costs of instal-
lation and maintenance of the inplace temporary lift station and
force main serving the development. This charge is based on a fee
of $340.00 per acre. 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 assess-
-8-
ments exceed the benefit to the property. The Developer waives
any appeal right otherwise available pursuant to M.S.A. § 429.081.
19. Building Permits. No building permits shall be issued
until:
A. The site grading has been completed and approved
by the City.
B. The City has entered into a contract for the
improvements listed in paragraph 7 of this Agreement.
C. The City Engineer has certified that the timetable
for construction of public improvements is compatible with private
home construction.
D. The Developer, in executing this Agreement, assumes
all liability and costs for damage or delays, incurred by the City,
in the construction of public improvements, caused by the Developer,
its employees, contractors, subcontractors, materialmen, or agents.
No occupancy permits shall be issued until the public utilities
referred to in paragraph 7 are in and approved by the City, unless
otherwise authorized in writing by the City Engineer.
20. 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.
21. 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, such.decision shall not affect the validity of the
remaining portion of this Contract.
E. If building permits are issued prior to the
completion and acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion
of public improvements and damage to public improvements caused
by the City, Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No 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 not
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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 signifi-
cance" 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.
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 Devel-
oper 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.
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J. The Developer may not assign this Contract without
the written permission of the City Council.
22. 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: 3480 Upper 149th Street West, Rose-
mount, Minnesota 55068. 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 in care of the City Adminis-
trator/Clerk at the following address: Rosemount City Hall, 2875
- 145th Street West, Rosemount, Minnesota 55068, Attention:
Administrator/Clerk.
CITY OF ROSEMOUNT
BY:
Leland S. Knutson, Mayor
(SEAL)
BY:
Stephan Jilk,
Administrator/Clerk
PARKVIEW, INC.
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1987, by Leland S. Knutson, 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 of the City Council.
NOTARY PUBLIC
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STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
_ day of , 1987, by , the
of Parkview, Inc., a Minnesota corporation, on
its behalf.
NOTARY PUBLIC
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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W
EXHIBIT "A"
All that part of the Southwest Quarter of the Northeast Quarter of
Section 31, Township 115, Range 19, Dakota County, Minnesota, lying
northerly of O'LEARY'S HILLS and O'LEARY'S HILLS SECOND ADDITION,
according to the plats on file and of record in the office of the
County Recorder in and for said Dakota County, described as
follows:
-Beginning at the northwest corner of Lot 17, Block 1, said
O'LEARY'S HILLS; thence North 00 degrees 36 minutes 32 seconds
East, assuming the south line of said Southwest Quarter of the
Northeast Quarter bears North 89 degrees 48 minutes 49 seconds
West, a distance of 320.00 feet; thence North 89 degrees 48
minutes 49 seconds West a distance of 60.00 feet; thence North
89 degrees 27 minutes 49 seconds West a distance of 92.14
feet; thence North 85 degrees 54 minutes 23 seconds West a
distance of 73.63 feet; thence North 81 degrees 50 minutes 45
seconds West a distance of 74.00 feet; thence North 81 degrees
31 minutes 46 seconds West a distance of 89.43 feet; thence
North 84 degrees 23 minutes 38 seconds West a distance of
89.43 feet; thence North 87 degrees 15 minutes 30 seconds West
a distance of 89.43 feet; thence South 89 degrees 41 minutes
25 seconds West a distance of 96.57 feet; thence North 89
degrees 23 minutes 28 seconds West a distance of 60.00 feet;
thence South 85 degrees 29 minutes 04 seconds West a distance
of 113.56 feet; thence South 83 degrees 46 minutes 49 seconds
West a distance of 198.62 feet; thence South 77 degrees 23
minutes 46 seconds West a distance of 159.49 feet to a point
of curvature; thence along a nontangential curve concave to
the east having a radius of 634.07 feet, a central angle of 16
degrees 00 minutes 00 seconds, an arc length of 177.07 feet,
and a chord which bears North 07 degrees 31 minutes 20 seconds
West to a point on the west line of said Southwest Quarter of
the Northeast Quarter, thence South 00 degrees 28 minutes 40
seconds West, along said west line a distance of 468.88 feet
to the northwest corner of said O'LEARY'S HILLS SECOND
ADDITION and there terminating.
b
Olq C) 2875 -145TH ST. W.
ROSEMOUT.MIO55068�DJemOu
612---423-4411
May 22, 1987
TO WHOM IT MAY CONCERN:
Enclosed please find copies of City of Rosemount Comprehensive
Guide Plan Amendment No. 9. The amendment will cause the
addition of 70 acres to the MUSA for single family residential
housing. The City is requesting a waiver of formai comment and
review by the Metropolitan Council.
Please do not hesitate to contact me for any additional information
or clarification regarding this amendment.
Sincerely,
x1clw1a
Michael A. Wozniak, Assistant Planner
Community Development Department
MAW:dq
Enclosures
CITY OF ROSEMOUNT
PLAN AMENDMENT NO. 9
M E T R O P 0 L I T A N C 0 U N C I L
300 Metro Square Building, St. Paul, Minn. 55101
INFORMATION SUBMISSION
COMPREHENSIVE PLAN AMENDMENTS
This worksheet must be filled out and submitted to the Metropolitan '
M Council with a copy of each proposed comprehensive plan amendment.
The purpose of this worksheet is to summarize the proposed change so
that the Metropolitan Council will have enough information about
contemplated plan amendments to determine whether the Council has an
interest in revi.ewi ng the amendment in more detail. Please be as
specific as possible; attach additional explanatory materials if
necessary.
I. GENERAL INFORMATION
A. Sponsoring governmental unit City of Rosemount
Name of local contact per son _ chael A. Woz
Address 2875 145th Street Wes- osemount MN 55068
Telephone 612 423-
B Attach a copy of the proposed amendment, including a map s how i ng
the location of the proposed change, the current plan map, and
the proposed pian map. Indicate which section(s) of the
original plan is (are) being amended.
C. What is the official local status of the proposed amendment?
(Check one or more as appropriate.)
Acted upon by planning commission (if applicable) on
4/21/87
Approved by governing body, contingent upon Metropolitan
Council review, on
-- Considered but not approved by governing body on
Other
D. • Summarize the reasons for the proposed amendment. 70 -acre addition
to MUSA for urban development; areas are contiguous with existing
proposed land use is mid -densis residential
E. Provide a list of all local units and all jurisdictions affected
by the change (school districts, watershed districts, etc.) that
have been sent copies of this worksheet and plan amendment and
the dates copies were sent to them.
Independent School District 196
Cities of Apple Valley, Lakeville, Farmington
Town of Empire
i
II. LANDUSE
A. Describe the following, as appropriate:
o Size of area in acres 70 .
o Proposed type(s) of land use Single Family Residential.
o Number of residential dwelling units 150
o Proposed density 2.15/acre .
o Proposed square footage of commercial, industrial, or public
buildings N/A .
B. Population, Household and Em2l2yment Forecasts
Would you expect the proposed amendment to result is changes to
the population, household or employment forecasts for 1990, or
for the five-year stages contained in the original plan, for
land parcels affected by the change?
y No/Not applicable.
Yes/Not sure. If 'yes or not sure, show below the expected
changes:
Forecast Based on Forecast Based on
Previous Plan Plan Amendment
Year P02- HN. EM12 1. Pop.- Hsg . Empl.
1990
Interim
Stages
19
19— `
C. Changes to Timing and Staging of Urban Service Area
Will the proposed amendment result in changes to the boundaries
of the urban service area or to the timing and staging of
development or of the urban ser vice, area?
No/Not applicable.
X Yes. Be sure Section I contains a map of these changes,
measurements of the land area involved, and designation of
new timing and staging.
70 -acre addition to MUSA. The area will be served by the Rosemount WWTP.
The City presently has 541 actes of undesignated land in the MUSA. The
undesignated MUSA acreage after the amendment is 471 acres.
D. Housing
Will this change have an effect on the community's ability or
intent to achieve the long-term goals for low- and moderate -income
and modest -cost housing opportunities contained in the original
plan?
No/Not applicable.
X Yes. Describe effect Modest reductions in lot widths will enhance
potential for lower priced homes.
III IMPLEMENTATION PROGRAM
A. Official Controls
Will the proposed amendment require a change to zoning,
subdivision, or on-site sewer ordinances?
No.
X Yes. Please describe. Rezonings
B. Capital Improvement Program
Will the proposed amendment require a change to the CIP?
X N o.
Yes. Please describe.
IV. SUMMARY OF FINDINGS AND CONCLUSIONS (Optional)
You may add comments stating your conclusions about the effects of
the proposed amendment on metropolitan plans. Check the statements
that apply.
A metropolitan system is potentially affected by the
proposed amendment but the proposed change is minor or
inconsequential. A. review period of less than 90 days is
appropriate.
A metropolitan system is potentially affected by the
proposed amendment, and a 90 -day review should take place.
No metropolitan system is potentially affected by the
proposed amendment.
X No metropolitan system is potentially affected by the
proposed amendment and waiver of Council comment and review
is recommended.
Other:
03.05.81
EP5642
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1-9 SUBDISTRICTS 1980-1985 ADDITIONS
--- SUBDISTRICT BOUNDARIES 1985-1990 ADDITIONS
COLLECTION POINTS
LIFT STATIONS
R O S E M O U N T GRAVITY SEWER
---- FORCE MAIN
MINNESOTA, CONNECT TO EXISTING
SANITARY SEWER FLAN AMEMDA4ENT
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FIG. 18 mosA/SERVICF- C-AM61FI6 LEGEM
1990 SANITARY SEWER PLAN 1990 URBAN SERV. AREA EXISTING SEWER SERVICE
1-9 SUBDISTRICTS 1980-1985 ADDITIONS
--- SUBDISTRICT BOUNDARIES 1985-1990 ADDITIONS
COLLECTION POINTS
LIFT STATIONS
R O S E M O U N T GRAVITY SEWER
---- FORCE MAIN
MINNESOTA, CONNECT TO EXISTING
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