HomeMy WebLinkAbout5I - Courtyard Village CIC Plat
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
ISSUES:
CITY COUNCIL AGENDA REPORT
MAY 7,2007
51
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING THE COMMON
INTEREST COMMUNITY NUMBER 1186 (COURTWOOD VILLAGE
CONDOMINIUM) CIC PLAT
Introduction
LCC Services Group LLC and Mesenbrink Construction and Engineering, Inc.,
are requesting approval of a Common Interest Condominium plat for the first
54-unit building located at 17088 Adelmann Street in the Courtwood Village
development. This is the first of two buildings. The second 54-unit building is
scheduled to begin construction by summer of 2009.
History
On July 18, 2005, the City Council adopted Resolution 05-121 approving the
final plat for Courtwood Village. The final plat consisted of 4.17 acres to be
developed into 1 lot for a total of 108 units in 2 buildings. On July 25, 2005,
the Planning Commission adopted Resolution 05-14PC, approving the
Conditional Use Permit for the construction of the two 54-unit buildings. The
building permit for the first building was issued in April, 2006. On July 10,
2006, the Planning Commission approved Resolution 06-08PC, amending the
approved CUP to allow the construction of the second 54-unit building to be
delayed until the summer of 2009.
Current Circumstances
The purpose of a CIC plat is to allow the subdivision of each of the 54
condominium units into lots for sale to individual owners. Essentially, the plat
creates a lot around the four walls of an individual unit. CIC plats are typically
done following the actual construction of the buildings in question. The CIC
plat does not change the number of units or the density of the development.
The proposed CIC plat creates an additional lot, identified as "Additional Real
Estate" for the second 54-unit building. The developers intend to convey all
interest in this lot solely to Mesenbrink Construction and Engineering, Inc. The
staff was concerned about the implications of the creation of a separate lot that
does not meet any lot area or frontage requirements of the R-4 district.
To alleviate this concern, the developers have prepared a Declaration of
Restrictive Covenants (see attached) which state the following:
a) No buildings, structures or improvements of any kind shall be built,
constructed or placed on the Property which are inconsistent with the
terms and conditions of the CUP.
b) The Property shall not be conveyed as a separate parcel from the real
estate currently subjected to Courtwood Village, C/C 1186, Scott County,
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Minnesota.
The City Attorney has met with the developer, the developer's counsel and the
City staff. After various iterations, the City Attorney is satisfied that the
covenant does restrict the use of the property in accordance with the approved
CUP.
CIC plats do not require a development contract. The required developer
improvements were included under a previous final plat, so a Letter of Credit is
not necessary. In addition, the City fees normally associated with a final plat
were collected under the previous Development Contract for the Courtwood
Village final plat.
FINANCIAL
IMPACT:
There are no budget impacts with the approval of this CIC plat since the
building has already been built.
ALTERNATIVES:
The City Council has three alternatives:
1. Adopt a Resolution approving the Common Interest Community Number
1186 (Courtwood Village Condominiums) CIC Plat, subject to the listed
conditions.
2. Deny the resolution approving the CIC plat.
3. Defer this item and provide staff with specific direction.
RECOMMENDED
MOTION:
A motion and second to adopt a resolution approving the Common Interest
Community Number 1186 (Courtwood Village Condominiums) CIC Plat subject
to the listed conditions and authorizing the Mayor and City Manager to sign the
CIC plat documents is required.
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 07 -xx
Motion By:
Second By:
WHEREAS, On July 18, 2005, the City Council approved the final plat known as Courtwood Village,
subject to conditions identified by Resolution 05-121; and
WHEREAS, On July 25,2005, the Planning Commission adopted Resolution 05-14PC approving
the Conditional Use Permit for the construction of the two 54-unit buildings; and
WHEREAS, On July 10, 2006, the Planning Commission approved Resolution 06-08PC, amending
the approved CUP to allow the construction of construction of the second 54-unit
building to be delayed until the summer of 2009; and
WHEREAS, The City Council has found that the Common Interest Community Number 1186
(Courtwood Village Condominiums) CIC Plat is in substantial compliance with the
approved final plat for Courtwood Village.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council approves the Common Interest Community Number 1186 (Courtwood Village
Condominiums) CIC Plat, subject to the following conditions:
a. The Restrictive Covenants, as approved by the City Attorney, must be signed and recorded
with the final plat.
b. The CIC plat and all pertinent documents must be filed with Scott County within 60 days from
the date of final plat approval. Failure to record the documents by July 7, 2007, will render the
CIC plat null and void.
3. The Mayor and City Manager are hereby authorized to execute the CIC Plat on behalf of the City.
PASSED AND ADOPTED THIS 7TH DAY OF MAY, 2007.
Haugen Hauaen
Hedbera Hedbera
Erickson Erickson
LeMair LeMair
Millar Millar
YES
NO
Frank Boyles, City Manager
\f!it'WWW;city"ofpf15rlake. com
Phone 952.447.4230 / Fax 952.447.4245
DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenant (the "Agreement") is made as of this _ day of
, 2007 (the "Effective Date"), by MESENBRINK CONSTRUCTION & ENGINEERING, INC., a
Minnesota corporation ("Grantor").
Statement of Facts
A. Grantor is the owner of certain property located in Scott County, Minnesota, which is legally
described in Exhibit A. attached hereto and incorporated herein (the "Property").
B. Grantor desires to place a restrictive covenant on the Property prohibiting the construction of any
buildings, structures or improvements on the Property that are inconsistent with the terms and
conditions imposed by that certain Conditional Use Permit Resolution 05-l4PC recorded October
15, 2005 as Document Nos. T 171630 and A 717140, which was amended by Conditional Use
Permit Resolution 06-08PC recorded August 22, 2006 as Document Nos. T 178886 and A
749121 (collectively, the "CUP").
NOW, THEREFORE, in consideration of one dollar ($1.00) and other good and valuable
consideration, Grantor declares that the Property is and shall be held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions and agreements hereinafter set forth:
1. Covenants and Restrictions. The Property shall be subject to the following restrictive
covenant~:
UlLNo buildings, structures or improvements of any kind shall be built, constructed or
placed on the Property which are inconsistent with the terms and conditions of the CUP.
(b )The Propelty shall not be conveved as a separate parcel from the real estate currently
subiected to COUltwood Village, CIC 1186. Scott County, Minnesota.
2. Runs with the Land. The above covenant binds and restricts the Property as a covenant
and restriction running with the land and shall bind Grantor, and its respective heirs, successors
and assigns, including all subsequent owners of the Property and all persons claiming under them.
IN WITNESS WHEREOF, Grantor has executed this Agreement as of the above date.
GRANTOR
MESENBRINK CONSTRUCTION & ENGINEERING,
INC.
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of 2007, by
, the of Mesenbrink Construction & Engineering, Inc., a
Minnesota corporation, on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 WELLS FARGO PLAZA
7900 XERXES AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55431
(952) 835-3800
(RNB)
1131086.1
EXHIBIT A
TO
DECLARATION OF RESTRICTIVE COVENANT
Legal Description:
The "Additional Real Estate" located in Courtwood Village, CIC Number 1186, Scott
County Minnesota, which is described as follows:
[TO BE INSERTED]
CONSENT AND JOINDER BY MORTGAGEE
The undersigned (the "Mortgagee") is a mortgagee of the Property described in the
foregoing Agreement. Mortgagee hereby consents to and subordinates its interest in the Property
to the foregoing Agreement.
IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joinder to be
executed on the _ day of , 2007.
By:
Its:
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
,2007, by
day of
,the
of
a
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Wells Fargo Plaza
7900 Xerxes A venue South
Bloomington, Minnesota 55431
(952) 835-3800
1131086.1
4.
I, David C. Craigie, do hereby certify that the work was underto/ulfl by or reviewed and approved by me for
this CIC Plot of CIC NUMBER 1186, COURTWOOa VILLAGE CONDOMINIUMS. .Ci CONDOMINIUM, o.in9 located upon
Lot 1, Block I, COuRTWOOD VILLAGE, Scott County, Minne$oto, ucepNng therefrom the follo..ing
described poreel:
Beginning at the Northwest comer of said Lot 1; thence South 89 degree$ ...9 minutes 16
seconds East on an ossum~ bearing, along the north line of said Lot I a distance of 57.51
fee' to the North.est comer of the Northea$t Quorter of Section 12, Town$hip 11"', Range 22,
said comer beir'KJ marlced by a Scalf County cast iron monument and also being an angle
point in said north line; thence South 851 de9rees 27 minutes 21 seconds East along said
north line a distance of 169.56 feet; thenu South 0 degrees J2 minutes J9 $econd$ We,.t a
distance of 102.32 feet: thence North 851 degrees 27 minutes 21 seconds West a distance of
10....8/ fftfJt; thence South 0 degrees 5... minutes 3J $econds East, porollel with the W.st line
of $Oid Lot 1, a distance of 136.02 fHt: Ih."ce North 89 d.g,"s 27 minute$ 21 seconds
West 0 distance of 119.67 fftfJt to 0 paint on the we$t line of said Lot 1; thence North 0
degre.s 5'" minut.s JJ second5 West, along said West line, a di$tonce of 238.01 feet 10 the
Northwut corner of said Lot I. said comer also being the Point of Beginning.
And the Additional Real Estate descritHd 0$'
That part of Lot I, Block I, COURTWOOD VILlAGE, Scalf County, Minnesota described os fOllo..s:
Beginning at the Northwest comer of said Lol I; thence South "9 degrees 49 minutllilS J6
secondll Eo,t on on assumed bearing, along the north line of said Lot 1 0 dilltance of 57.51
feel to the Northwest comer of the North.ollt Ouort.r of Section 12, Townllhip 114, Rang. 22.
said comer being marked by 0 Scott County cast iron monument and also being on angle
point in said north line: th.nce South "51 a.gr..s 27 minute5 21 seconds East, along said
north Ilmr a distance of 169.56 fe.t; thence South 0 deyrees 32 minutes J9 secand3 West a
distance of 102.J2 feet: thence North 89 degrees 27 minute. 21 5eCOndS West 0 distance of
104."1 fHt: thence South 0 degrees 54 minutes JJ seconds East, parallel wilh the West line
of 1I0id Lot 1. 0 distance of 1 J6.02 feet: thenu North 89 degr..s 27 minutes 21 seconds
West 0 distance of 119.67 feet to a point on the "'est line of said Lot ': thence North 0
degr..s 54 minute. JJ seconds West, along sold West line, 0 distance of 238.0' feet to the
Northwest comer of said Lot I, 1I0id comer also being the Point of Beginning.
and that thill CIG Plot fully and accurately depictll all information required by Uinnesoto Stotut.s, Section 515B.2-ll0
Doted this_day 0'- . 2007
David C. Craigie, licensed Land Surveyor
Minnesota License No 42618
State of Uinnesoto
County of _
The foregoing in!"trument "'os ockno",ledged before me thill---.,.- day of
by Dovid C. Cratgie. a Lir;ensed Professional Lond Surveyor, MInnesota Licenlle No. 42618.
, 2007,
Notory Public _ County, Uinnes"t"
Uy Commission Expires _' 20_.
I, Ronald C. Homm.rdlng, 0 LicenS.d Professional .Cirehitect, pursuant to Minnellola Statutes. S.ction
515B.2-101(1:) do hereby certify that all strur;turol I;omponenf$ and mechanical sYlltems of 011
:~:~i~~;: c~t~~~go,orel~or;;eZ~~~ j~~6~n~OJ'Rr:~5r~~~(;E a~O~~~:;;;t~t ~o~~~~~~I~~~:1.stent
Dated this_ day of _, 2007.
Ronald C. Hommerding, Licensed Architect
Minnesota License No. 17407
State of Minnesota
County of_
The foregoing instrument wa, acllnowledged before me this _ day of
by Ronald C. Hommerding. 0 Licennd Professional Nchitect, Minnesota License No. 17407
,2007,
Notary Public _County, Minnesota
My Commission E>l:pires _, 20_
PRIOR LAKE, MINNESOT.Ci
This cle Plot of CIC NUMBER 1186. COURTWOOO VILlAGE CONDOMINIUMS. A CONDOMINIUM. ..os oppro....d and accept.d
by the City Co~ncir of Prior lolle, Minnesola. at a r"9ulor meeting thereof held thiS_day 0'_.
2007. and the conditions of Minnesota Statutu, 5ISb.2-110. hove be.n fulfilled.
,woyor
City,wanager
SCOTT COUNTY SURVEYOR
PUr1Iuant 10 ,winnnoto Statute,. Chapter 369.09, $ubd. 2. thi, C.I.C. plot haS been re...ie",ed and oppro....d
this_day 01 .2007.
Scott County Surveyor
SCOTT COUNTY TREASURER - AUDITOR
I hereby certify that the current and delinquent tans on the lemds describe4 ",ithin are paid and Ihe
tronsf.r is entered Ihis_ day of .2007.
Signed By:
Deputy
CIC
1186
This CIC Plot i, part Qf the Oel;loration recorded 05 Doc_nt
No.
on thill_C}gy of _,200_
NUMBER
A CONDOMINIUM
COURTWOOD VILLAGE CONDOMINIUMS
COMMON INTEREST COMMUNITY PLA T
$cott County Registrar of Tilles
SITE PLAN
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LEGEND
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e Scott County .lknument
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NOTE
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The Declaration authonzes the De<:/arant to conV<lr/ any of the units
..hich it owns to creale additional units or common elements under
MS 5158.2-112
! i Vicinity Mop
s. 0ctI. or 12. To..nship 114. Rang. 22
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