HomeMy WebLinkAboutResolution No. 046-24 - Resolution - CD2024-001 PLAT - Hunter Valley Estates
RESOLUTION
Approving Final Plat No. CD2024-001PLAT, To Be Known As Hunter Valley Estates,
By Hunter Valley Estates, LLC, Javon Bea Trustee, For The Subdivision Of 8 Lots
And 5 Outlots On A 55.11 Acre Property, Located At The Southwest Corner Of The
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Intersection Of 55 St. NW And 18 Avenue NW.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester,
Minnesota, that a public hearing duly noticed and held on February 21, 2024 was
continued to the March 18, 2024 City Council Meeting, and which said continued public
was duly noticed and held on March 18, 2024, the following plat of lands in Olmsted
County, Minnesota are to be known and designated as follows:
The Northeast Quarter of the Northwest Quarter of Section 15, Township 107 North,
Range 14 West, Olmsted County, Minnesota, EXCEPT the North 75 feet thereof and
EXCEPT the East 50 feet thereof.
ALSO:
The Northwest Quarter of the Northwest Quarter of Section 15, Township 107 North,
Range 14 West, Olmsted County, Minnesota, EXCEPT the North 75 feet thereof, and
EXCEPT those parts platted as CIMARRON SEVENTH and CIMARRON EIGHTH.
ALSO EXCEPT:
That part of the Northwest Quarter of the Northwest Quarter of Section 15, Township 107
North, Range 14 West, Olmsted County, Minnesota, described as follows:
Commencing at the northwest corner of the Northwest Quarter of said Section 15;
thence South 00 degrees 17 minutes 38 seconds East, assumed bearing, along
the west line of said Northwest Quarter, 338.00 feet to the south line of the North
338.00 feet of said Northwest Quarter for the point of beginning; thence North 89
degrees 30 minutes 11 seconds East, along said south line, 938.83 feet; thence
South 16 degrees 42 minutes 48 seconds West, 21.74 feet; thence South 54
degrees 12 minutes 53 seconds West, 170.70 feet; thence South 58 degrees 15
minutes 39 seconds West, 437.42 feet; thence South 06 degrees 39 minutes 16
seconds East, 18.45 feet; thence South 83 degrees 20 minutes 44 seconds West,
40.00 feet; thence North 06 degrees 39 minutes 16 seconds West, 23.00 feet;
thence South 83 degrees 47 minutes 56 seconds West, 148.65 feet; thence South
66 degrees 44 minutes 23 seconds West, 77.44 feet; thence South 89 degrees 46
minutes 15 seconds West, 160.88 feet to the west line of said Northwest Quarter;
thence North 00 degrees 17 minutes 38 seconds West, along said west line,
390.00 feet to the point of beginning.
ALSO EXCEPT:
A part of the West Half of Section 15, Township 107 North, Range 14 West, Olmsted
County, Minnesota, described as follows:
Commencing at the southwest corner of the Northwest Quarter of said Section 15;
thence North 00 degrees 12 minutes 07 seconds West, assumed bearing, along
the west line of said Northwest Quarter, 1371.40 feet to the northwest corner of Lot
1, Block 1, CIMARRON SEVENTH for the point of beginning; thence North 89
degrees 55 minutes 34 seconds East along the north line of CIMARRON
SEVENTH and CIMARRON EIGHTH a distance of 953.84 feet; thence North 00
degrees 12 minutes 07 seconds West, 225.00 feet; thence North 74 degrees 26
minutes 43 seconds West, 991.08 feet to the west line of the Northwest Quarter of
said Section 15; thence South 00 degrees 12 minutes 07 seconds East along said
west line, 492.00 feet to the point of beginning.
ALSO EXCEPT:
That part of the Northwest Quarter of the Northwest Quarter, Section 15, Township 107
North, Range 14 West, Olmsted County, Minnesota, described as follows:
Commencing at the southwest corner of the Northwest Quarter of said Section 15;
thence North 00 degrees 27 minutes 59 seconds East (NOTE: All Bearings are in
relationship with the Olmsted County Coordinate System NAD '83, Adjusted 1996),
along the west line of Said Northwest Quarter, 1371.40 feet to the northwest corner
of Lot 1, Block 1, CIMMARON SEVENTH, according to the plat thereof on file at
the County Recorder's Office, Olmsted County, Minnesota; thence North 89
degrees 24 minutes 20 seconds East, along the north line said CIMARRRON
SEVENTH and CIMARRON EIGHTH, according to the plat thereof on file at the
County Recorder's Office, Olmsted County, Minnesota, 953.84 feet to the POINT
OF BEGINNING; thence North 00 degrees 27 minutes 59 seconds East 235.50
feet; thence South 89 degrees 44 minutes 13 seconds East, 363.19 feet to the east
line of the Northwest Quarter of said Northwest Quarter; thence South 00 degrees
24 minutes 02 seconds West, along said east line, 299.60 feet to the southeast
corner of the Northwest Quarter of said Northwest Quarter; thence North 89
degrees 34 minutes 01 seconds West, along the south line of the Northwest
Quarter of said Northwest Quarter, 313.61 feet to the east line of said CIMMARON
EIGHTH; thence North 00 degrees 35 minutes 40 seconds East, 62.88 feet to the
northeast corner of said CIMMARON EIGHTH; thence South 89 degrees 24
minutes 20 seconds East, along the north line of said CIMMARON EIGHTH, a
distance of 50.00 feet to the POINT OF BEGINNING.
ALSO EXCEPT:
That part of the Northeast Quarter of the Northwest Quarter of Section 15, Township 107
North, Range 14 West, City of Rochester, Olmsted County, Minnesota, described as
follows:
Commencing at the North Quarter corner of said Section 15; thence South 00
degrees 19 minutes 48 seconds West bearing based on the Olmsted County
Coordinate System NAD83(11) on the east line of the Northwest Quarter of said
Section 15, a distance of 75.00 feet; thence North 89 degrees 44 minutes 10
seconds West, a distance of 50.00 feet to the point of beginning; thence North 89
degrees 44 minutes 10 seconds West, a distance of 15.00 feet; thence South 00
degrees 19 minutes 48 seconds West, a distance of 1101.95 feet; thence North 89
degrees 44 minutes 11 seconds West, a distance of 35.00 feet; thence South 00
degrees 19 minutes 48 seconds West, a distance of 136.22 feet to the south line
of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said
Section 15; thence South 89 degrees 34 minutes 01 seconds East on said south
line, a distance of 50.00 feet; thence North 00 degrees 19 minutes 48 seconds
East, a distance of 1238.32 feet to the point of beginning.
Containing in all, 55.11 acres, more or less.
TO BE KNOWN as “Hunter Valley Estates”, by Hunter Valley Estates LLC., Applicant, is
hereby approved, and all dedications of land or interests in land for public purposes as
shown on said plat are hereby accepted, subject to the following 15 conditions of
approval:
1. There is an existing Development Agreement applicable to this Property.
2. Civil, Grading and Stormwater Management Plans for J5445 were previously
approved for this property in 2016. Public Works & Rochester Public Utilities Approval
of updated Civil, Grading and Stormwater management plans are required to reflect
revisions proposed by the developer that are not depicted on the 2016 approved
plans.
3. Prior to recordation of the final plat, the applicant shall update the Rochester Public
Utility tentatively approved construction plan set dated 02/06/2024 and incorporate
such plans into the final set of construction plans, which are subject to the approval of
Rochester Public Utilities and the Public Works Department.
4. Discrepancies in lot, block and outlot designations between the Development
Agreement and Final Plat, for Signal obligations in Owner’s Obligations, Section 7 of
the Development Agreement, that reference lots identified in Exhibit A1 of the
Development Agreement are not remedied by the revisions to lot designations
identified on the updated Final Plat. Outlot C on the revised plat is referred to as Lots
1 through 7, Block 1 in the Development Agreement. The Outlot D on the revised plat
is referred to as Lots 2 & 3, Block 4 in the Development Agreement. The Outlot E,
and Lots 1 & 2, Block 1 on the revised plat are collectively referred to as Lot 1, Block
4 in the Development Agreement.
5. Discrepancies in lot, block and outlot designations between the Development
Agreement and Final Plat, for Owner’s Obligations, Section 17 of the Development
Agreement, that reference lots identified in Exhibit A1 of the Development Agreement
are not remedied by the revisions to lot designations identified on the updated Final
Plat. The Outlot E, and Lots 1 & 2, Block 1 on the revised plat are collectively referred
to as Lot 1, Block 4 in the Development Agreement. The land referred to as Outlot C
in said Section 17 of the Development Agreement is now an exception and is not
included in the planned Hunter Valley Estates plat. The reference to Outlot C, in said
Section 17 of the Development Agreement is not applicable to the land that will be
identified as Outlot C on the recorded plat of Hunter Valley Estates.
6. Discrepancies in lot, block and outlot designations between the Development
Agreement and Final Plat, and within the body of Exhibit B of the Development
Agreement, that reference lots identified in Exhibit A1 of the Development Agreement
are not remedied by the revisions to lot designations identified on the updated Final
Plat. The Outlot E, and Lots 1 & 2, Block 1 on the revised plat are collectively referred
to as Lot 1, Block 4 in Exhibit B of the Development Agreement. The land referred to
as Outlot C in Exhibit C of the Development Agreement is now an exception and is
not included in the planned Hunter Valley Estates plat. The reference to Outlot C, in
Exhibit C of the Development Agreement is not applicable to the land that will be
identified as Outlot C on the recorded plat of Hunter Valley Estates.
7. A TIS waiver is approved for this application, with conditions, from the City and from
Olmsted County, which shall be complied with.
8. Public Works supports Council’s approval of the 60-foot gap in controlled access
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dedication along the 18 Ave NW frontage of Outlot B, as depicted on the updated
Final Plat.
9. Public Works has prepared a Declaration of Right-of-way Easement for the strip of
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land that the City owns in fee title located between the historic 18 Ave NW right-of-
way, and the east line of this proposed plat. An RCA has been prepared for the
03/18/2024 City Council Consent Agenda to obtain authorization for City execution of
the Easement Declaration. The applicant’s consulting engineer has updated the plat
to reflect the easement declaration being in place prior to recording the Final Plat.
Recordation of the Hunter Valley Estates plat shall occur after City’s recordation of the
Easement Declaration. Public Works will process recording in a timely manner upon
Council’s approval and upon execution by the Mayor and City Clerk.
10. Execution of a City-Owner Contract, and dedication of any applicable public
easements (not shown on the plat) is required prior to construction of any public
infrastructure for this development.
11. Development charges applicable to the development of this Property will be
addressed in City-Owner Contract, and Development Agreement, and will include but
are not limited to a: Sewer Availability Charge (SAC), Water Availability Charge
(WAC), Sewer & Water Connection / Frontage Charges, Transportation
Improvements, applicable Storm Water Management Plan Area Charge (SWMPAC),
First Seal Coat Charge for the new public streets, Pedestrian Facilities / Ramps,
Street Signs, as determined by the City Engineer. Furthermore, a Plant Investment
Fee (PIF), calculated and collected through the Building Permit approval process, is
applicable to individual lot development.
12. Prior to the recordation of final plat, preliminary plat GIS impact fees shall be paid to
the Olmsted County Planning Department.
13. Any newly dedicated public right of way within the development (Sarah Lynn Drive
NW, 20th Avenue NW) will be required to install boulevard trees within the right of way
at time individual lot improvement.
14. Any future residential development occurring on any lot within the development
created by this final plat is subject to Parkland Dedication Fee Requirements. King’s
Run Neighborhood Park sits just to the south of the site; therefore, land for a park is
not required. The Park and Recreation Department recommends dedication
requirements be met via Cash-in-lieu of land. Parkland dedication will be calculated
based on the number of units proposed. The dedication requirement will then be due
prior to the approval of a site development plan or other land use planning application
that contains residential units.
15. The Owner shall construct a 10-foot wide bituminous pedestrian path along the entire
frontage of the property abutting 55th Street NW as the developer’s expense. Subject
improvement shall be part of the City-Owner Contract for Public Improvements to
Serve Hunter Valley Estates.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2024.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)