ITEM 4.4 Highlands RP 2nd AdditionOt�TY OF 0
0
MINNESOT�g
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Planning
City Planner Licht 13 November 2017
PRESENTER(s)
REVIEWED BY: ITEM #:
City Planner Licht
City Administrator Flaherty 4.4 — Highlands of RP 2 nd Add.
City Engineer Wagner
City Attorney MacArthur
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Highlands of River Pointe 2nd Addition Final Plat and development
agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No No
BACKG ROUND/J USTI FICATION:
Lennar Corporation has submitted application for final plat approval of 92 single family lots to be known as
the Highlands of River Pointe 2 nd Addition. The subject site is located south of 53 rd Street (CSAH 36) at
RandolphAvenue. The City Council approved the preliminary plat for the development of area of the final
plat as Meadows of River Pointe on 14 March 2016.
Preliminary Plat Consistency. The proposed final plat is consistent with the design for this area of
the development shown as on the preliminary plat.
Zoning. The subject site is zoned, R-5 Single and Two Family Residential District, which allows single
family dwellings as a permitted use. There is also a PUD -CUP governing development of the
preliminary plat regarding lot requirements and setbacks.
Landscaping. The preliminary plat requires planting two trees per lot as required by Section 20-19-
2.0 of the Zoning Ordinance. Security for the required plantings will be collected at the time a
building permit is issued for each lot.
Lot Requirements. The single family lots within the final plat are subject minimum lot and setback
requirements shown below as approved with the preliminary plat. All of the proposed lots
illustrated on the final plat comply with these requirements.
Front
Side
Rear
Wetland
25ft.
30ft. garage
7ft.
20ft.
40ft.
Access/Streets. The final plat is accessed from 53 d Street (CSAH 36). A collector street access fee
of $1,515 will be collected for each lot within the final plat as outlined in the development
agreement. Streets within the proposed final plat are designed with a 60 foot right-of-way and 28
foot street section with concrete curb and gutter consistent with the Engineering Manual. A five
foot wide concrete sidewalk will be constructed along one side of all public streets within the final
plat as required by the Subdivision Ordinance and Engineering Manual. Street names shown on the
final plat as approved by City staff. All street construction plans are subject to review and approval
of the City Engineer.
Park and Trail Dedication. The preliminary plat included dedication of a corridor for a public trail
from CSAH 36 to the outlot encompassing the Crow River floodplain that is to be deeded to the
City. The trail corridor is credited for park dedication purposes as 1,897 linear feet of trail within a
minimum 20 foot wide corridor equal to 0.87 acres or 3.2 percent of the total acres required for the
area of the preliminary plat. The balance of the park and trail dedication requirements are paid as
a percentage of the cash fee in lieu of land in effect at the time of final plat approval for each
addition as outlined in the development agreement. The developer will construct the trail through
Outlots A and B along with the site improvements and be credited the cost of the trail construction
against the park dedication fee. Construction plans for the trail are to be subject to review and
approval by the City Engineer.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed final plat. The developer is providing for regional storm water management within the
preliminary plat and no Stormwater Impact Fee is required. All grading, drainage, and erosion
control plans are subject to review and approval by the City Engineer.
Utilities. The developer has submitted utility plans for the proposed final plat, which are subject to
review and approval by the City Engineer. The developer is required to pay Utility Availability
Charges at the time of final plat approval as outlined in the development agreement. Utility
connection charges will be due at the time a building permit is issued for each lot within the final
plat based on the fee schedule in effect at that time.
Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new
subdivisions. Type I lighting will be required to be installed by the developer at the corner of all
local streets, the terminus end of permanent cul-de-sacs, and at the midpoint of blocks longer than
900 feet. The development contract will provide for payment of the street light operation fee of
$500/fixture as established by the City Code.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each single
family lot as required by Section 21-7-15 of the Subdivision Ordinance. There are oversize
easements where needed to accommodate storm water drainage basins, swales and storm water
pipe. All drainage and utility easements are subject to review and approval of the City Engineer.
0 Clutlots. The proposed final plat includes Outlots A and B. Outlot A encompasses the land
abutting the Crow River within the 100 -year Floodlain. The developer must complete stabilization
of the Crow River shoreline within Outlot A satisfying conditions of approval for the preliminary plat
and Highlands of River Pointe final plat, subject to approval of the City Engineer. This work is
expected to be completed in 2018. Outlot B is a segment of the internal trail corridor between
Blocks 7 and 8. Outlots A and B are to be deeded to the City.
Development Agreement. The City Attorney has drafted a development agreement related to the
proposed final plat to provide for construction of the project, completion of all public
improvements, establishment of required securities, and payment of applicable fees. The
Development Agreement is to be adopted by resolution of the City Council concurrent with the
final plat approval and executed prior to recording of the final plat.
SUPPORTING DOCUMENTS ATTACHED:
• Findings of Fact and Decision
• Engineering Review dated November 7, 2017
• Resolution 2017-93 approving a development agreement
• Development Agreement
• Final Plat (4 sheets)
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve the Highlands of River Pointe 2 nd Addition Final Plat subject to the conditions as
outlined in the Findings of Fact and Decision dated November 2, 2017 and adopt Resolution 2017-93
approving a Development Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
2 November 2017
Ask
0 It city
FINDINGS OF FACT AND DECISION
APPLICANT: Lennar Corporation
APPLICATION: Request for final plat approval of 92 single family lots to be known as the Highlands
of River Pointe 2 nd Addition.
CITY COUNCIL MEETING: 13 November 2017
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the East Sewer Service District and is guided for low density
residential land uses by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-5, Single and Two Family Residential District, which allows single
family dwellings as a permitted use.
D. The City Council approved application for preliminary plat approval and a PLID-CUP on 14
March 2016.
E. The applicant is proposing a final plat of 92 single family lots.
F. The Request for Council Action dated 13 November 2017 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated November 7, 2017 prepared by the City Engineer, Hakanson
Anderson Inc., is incorporated herein.
H. Final plat applications are processed in accordance with Section 21-3-3 of the Subdivision
Ordinance and do not require a recommendation by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1 . The applicant shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City Council.
2. All of the lots within the final plat shall comply with the following minimum setbacks:
1
Front
Side
Rear
Wetland
25ft.
30ft. garage
7ft.
20ft.
40ft.
3. Street names as shown on the final plat shall be subject to review and approval of City staff.
4. The developer shall pay a collector street access fee upon approval of the final plat as set
forth in the development agreement.
5. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of
land with credit applied for construction of trail as set forth in the development agreement.
6. The construction plans shall include stabilization of the shoreline of the Crow River. All
grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
7. The applicant shall pay applicable utility availability charges upon approval of the final plat;
utility connection charges shall be paid at the time a building permit is issued for each lot
based on the current fee in effect at that time.
8. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the
City Code, with payment of charges as established in accordance with the City Fee
Schedule, subject to review and approval of the City Engineer.
9. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject
to review and approval by the City Engineer.
10. All easements are subject to review and approval of the City Engineer.
11. Outlots A and B shall be deeded to the City.
12. The developer shall execute a development agreement with the City subject to review by the
City Attorney and approval of the City Council.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 13 th day of November, 2017.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
K
Attest:
Tami Loff, City Clerk
Review No. I
Hakanson
1-111Anderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Joe Jablonski, Lennar
Charlie Wiemerslage, PE, Sathre-Bergquist, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: November 8, 2017
Proposed Development: Highlands of River Pointe 2 d Addition
Street Location A portion of the S Y2of Section 1, T120, R23 South of
Of Property: CSAH 36 (Rawlings Ave) and a portion of the N Y2of Section 12,
T120, R23 North of the Crow River.
Applicant: Joe Jablonski
Developer: Lennar
16305 36th Ave. N
Suite 600
Plymouth, MN 55446
Owners of Record: Lennar
Purpose: Highlands of River Pointe 2 d Addition is a proposed 92 lot single
family residential development within the approved preliminary
plat of the "Lahn Property" in the City of Otsego, Wright County,
Minnesota. The proposed development will be served with
municipal water, sanitary sewer, storm sewer, and public streets
typical of an urban setting.
Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of
(but not limited to) Health, Minnesota Department of Natural Resources, Minnesota
Pollution Control Agency, Wright Soil and Water Conservation
District.
Permits Required: NPDES, Minnesota Department of Health (water),
(but not limited to) Minnesota Pollution Control Agency (sanitary sewer), and Wright
County
TABLE OF CONTENTS
INFORMATION AVAILABLE
FINAL PLAT
CONSTRUCTION PLANS
TITLE SHEET
STREETPLAN
SANITARY SEWER AND WATERMAIN PLAN
STORM SEWER PLANS
GRADING PLANS
EROSION CONTROL PLANS
CONSTRUCTION DETAILS
STORM SEWER DESIGN/HYDROLOGY
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
PAGE 2
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INFORMATION AVAILABLE
Construction and Grading Plans for Highlands of River Pointe 2 d Addition, dated 10/24/17, by
Sathre-Bergquist, Inc.
Final Plat for Highlands of River Pointe 2nd Addition, dated 10/24/17, by Sathre-Bergquist, Inc.
Storm Sewer Design Calculations for Highlands of River Pointe 2 d Addition, dated 10/24/17, by
Sathre-Bergquist, Inc.
Stormwater Management Plan for Lahn Parcel Development, revised 10/3/2017, by AE2S
Geotechnical Report for Lahn Property, dated 1/14/15, by Haugo Geotechnical Services
Wetland Permit Application for Lahn Development, dated April 2016, by Terracon Consultants
The Lahn Property EAW
Wetland Permit Application for Lahn Development, dated April 2016, by Terracon Consultants
Wetland Delineation Report for Han Development Site, dated 10/24/14, by Terracon Consultants
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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FINAL PLAT
Many drainage easements are needed to cover cross -drainage in rear yards.
2. The County Surveyor will check that the plat meets all minimum state statute
requirements prior to the preparation of mylars.
CONSTRUCTION PLANS
Title Sheet (Sheet 1)
No comments.
Final Street Plan (Sheet 2-5)
4. The bituminous trail near Wetland L is within the wetland buffer. The area beyond the
edge of the trail cannot be counted as buffer. Additional buffer will be needed to provide
the 20' average required.
5. All garage floor shall be 18" above the adjacent top of curb. With a 30' garage setback
any driveway with less than 3.26% grade does not meet this requirement.
6. Some of the information at the intersections is difficult to read due to overlapping text.
7. Plan view stationing on sheet 5 is missing.
SanitM Sewer and Watermain (Sheets 6-10)
8. All watermain shall be DIP Class 52. Plans currently call out C900 pipe.
9. Label the waterrnain pipe length on each sheet (preferred in the profile.)
10. All insulation used at crossings shall be 4" thick. Currently 2" is called out in most
locations.
11. Contractor will be required to test against existing valves when connecting to existing
watermain. We suggest a note calling attention to this in the plans.
12. Sheet 9, the valve along the east side of Randolph Avenue at the intersection of
Ramslund Avenue appears to be in the curb and gutter and shall be moved.
13. Sheet 10, label invert directions and provide a minimum 0. F fall is across M11 9.
14. Provide a minimum of 18" vertical separation between the sanitary sewer service and
watermain to Lots 10-12, Block 2 and Lots 3-4, Block 3.
15. Sheet 11, stationing is missing in the plan view.
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16. Sheet 12, Lots 7 and 8, Block 7 will need water services to maintain minimum 24"
vertical separation below storm sewer, or 12" vertical separation with 4" insulation.
17. Sheet 12, show the raw watermain crossing at approximate station 6+10 in the profile.
18. Sheet 14, a 12"x6" reducer, 6" gate valve, and hydrant are located at the end of the
existing raw watermain in place of the plug called out in the plans. The 12"x6" reducer
will need to be removed and a 12"x6" tee shall be installed here so that the hydrant and
6" gate valve can remain at the high point of the raw watermain.
19. Lots 7 and 8, Block 7 will need water services to maintain minimum 24" vertical
separation below storm sewer, or 12" vertical separation with 4" insulation.
Storm Sewer (Sheet I I - 15)
20. Sheet 15, verify if drive -over castings (R3501 -TB) are needed for structures 4. 11, 17-19,
38, and 39.
21. All storm sewer sheets, show watermain crossings (including raw water) in the profiles.
22. All pond outlet pipes shall have flared end sections.
23. Sheet 17, the Emergency Overflow between Wetland M and Pond 3 S shall be articulated
block. Currently rip -rap is called out.
24. Show all watermain and sanitary sewer (not just crossings) in the profiles, preferably in a
lighter background color. Many of the watermain crossings are missing.
25. It appears there will be a watermain conflict with storm structure CBMH 3 1.
26. The existing FES and articulated concrete block currently in place at the CBI�M 26
location will need to be removed.
27. The location of STNM 46 shall be moved to avoid possible conflict with the trail
pedestrian ramp crossing of Randolph Ave.
Grading Plans (Sheet 16-18)
28. Garage floor shall be 18" above the adjacent top of curb. With a 30' garage setback and
driveway with less than 3.26% grade does not meet this requirement.
29. It would be helpful if all EOF locations were called out in yellow boxes, as done before
with Phase 1. Additional EOFs are needed (see attached redlines).
30. Where the house type changes between Lookout and Walkout or there is a significant
elevation difference between the house pads. The grading along the lot fine shows the
water sheeting across the lower lot away from the lot line and outside the easement. This
is not allowed. Include spot elevations along the side lot lines between these lots at the
front and back of the building pad. These spot elevations shall be 6" below the lowest
opening of the lower house.
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31. Many drainage easements are needed to cover cross -drainage in rear yards.
32. The low area in the rear of Lots 1-3, Block 3 is currenly connected to Ponds IS with a
draintile. The grading in the area should be re -worked if possible to eliminate the need
for this pipe and have drainage flow directly to the pond.
33. The intention of the 8" ridged draintile between Ponds IR and 2R is unclear.
34. Sheet 25 & 29, the plan and profile for the trails shall have horizontal and vertical curve
data shall.
35. Sheet 25 & 29, both bituminous trail dead end near Ponds IS and IR. What is the
intention for these trails?
Erosion Control Plan (Sheet 19-21)
36. No comments.
Construction Details (Sheet 22-25)
37. No comments.
STORM SEWER DESIGN/HYDROLOGY
38. The minimum inlet time of concentration (Tc) shall be 10 minutes (15 minutes is being
used). The intensity shall be based on the ATLAS 14 IDFs for Otsego (see table 3, page 16
of the Otsego engineering manual).
39. A runoff coefficient of 0.40 is being used for all drainage areas. Provide justification for
this "C" value. Typically for 1/4acre lots we have seen values of 0.2 in rear yards and 0.55
for front yards. A typical lot calculation/sketch is needed.
40. Verify all pipe grades shall provide a minimum FULL flow velocity of 3 fps. The
Hydraflow report shows some velocities below this minimum. It is assumed that the
velocity listed is the actual velocity for the I 0 -yr storm and not the full flow velocity.
41. Time of concentration used for structure E44 to CBM1I 26 does not represent all flow
conditions for CBM11 26 to CBNM 25. The same would be for OCS 33 to CBMH 32.
WETLANDS
42. No comments.
OTHER CONSIDERATIONS
43. No comments.
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SUMMARY AND/OR RECOAMENDATION
We recommend approval contingent upon the above comments being addressed.
PAGE 7
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-93
RESOLUTION APPROVING DEVELOPERS AGREEMENT -
HIGHLANDS OF RIVER POINTE 2 ND ADDITION
WHEREAS, U.S. Home Corporation D/B/A Lennar intends to construct ninety
two (92) residential homes upon property platted as HIGBLANDS OF RIVER
POINTE 2ND ADDITION; and
WHEREAS, the approved work on the Plat requires construction of some public
improvements and payment of City costs and fees; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The attached Developers Agreement between the City of Otsego and U.S.
Home Corporation DIB/A Lennar is hereby approved, subject to staff
approved additions and changes.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 13th day of November, 2017 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member.
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
2
DEVELOPMENT AGREEMENT
HIGHLANDS OF RIVER POINTE 2N' ADDITION
AGREEMENT entered into this day of November, 2017 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota,, and U.S. Home Corporation D/B/A Lennar, a corporation under the laws of the
State of Delaware ("Developer").
I Request for Plat Approval. The Developer has requested that the City
approve that plat entitled I-HGBLANDS OF RIVER POINTE 2m
ADDITION. The legal description of the property covered by this Agreement
is as follows:
See Exhibit A.
The Plat contains ninety two (92) single family residential lots. The plat is located within
the City's East Sewer District, is zoned R-5, Single and Two Family Residential District as
approved by Ordinance adopted by the City Council on March 14, 2016. The Preliminary
Plat for development of the Lahn Property was approved by the City Council on March 14,
2016.
2. Conditions of Plat Approval. The City hereby approves the Plat on
condition that the Developer enter into this Agreement, furnish the security required by it,
and record the Agreement with the Wright County Recorder or Registrar of titles within
one hundred (100) days after the City Council approves the Agreement. The Developer
shall cooperate with the City in recording the Agreement and all required additional deeds
and documents and providing assurance that the Agreement and all required documents
have been properly and timely recorded.
3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise
disturb the earth, remove trees, construct sewer lines, stor -in sewers, water lines, streets,
utilities, public or private improvements, or any buildings or structures until all the
following conditions have been satisfied: 1) this Agreement has been fully executed by
both parties and filed with the City Clerk, and all conditions contained in the Agreement
have been met, 2) the necessary security has been received by the City, 3) this Agreement
has been recorded with the Wright County Recorder's Office, 4) The Developer has
initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning
Administrator has issued a letter that all conditions have been satisfied and that the
Developer may proceed; or until such time as approval to commence earlier construction is
specifically approved by the City, and Developer has fully complied with all conditions set
forth by City staff.
4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service
to the ninety two (92) lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. fHG1HLANDS OF RIVER POINTE 2�
ADDITION is a planned and staged development within the meaning of Minn. Stat.
462.358, Subd. 3c, and no amendment to the City's Comprehensive Plan or other Official
Controls shall apply to or affect the use, development density, lot size, lot layout, or platting
requirements for IHGHLANDS OF RIVER POINTE 2� ADDITION for a period of five
(5) years. Thereafter, notwithstanding anything in this Agreement 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, other Official Controls enacted after the date of this
Agreement. This provision does not apply to regulations or Official Controls related to park
and trail dedication or any fee established by the City chargeable to the Developer for
municipal costs arising from said future phases.
6. Development Plans. The Plat shall be developed in accordance with the
plans on file at the office of the City Clerk and the conditions stated below. If the plans vary
from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A Final Plat, FHGBLANDS OF RIVER POINTE 2' ADDITION
prepared by Sathre- Bergquist, Inc.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Sathre-
Bergquist, Inc. and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
FHGBLANDS OF RIVER POINTE eD ADDITION, as prepared by
Sathre- Bergquist, Inc. and as finally approved by the City Engineer.
0)
Plan D Landscape Plan for FUGHLANDS OF RIVER POINTE 2'
ADDITION, prepared by Sathre- Bergquist, Inc., and as finally
approved by the City Zoning Administrator.
7. Improvements. `Ihe Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
1. Construction surveying and staking
J. Traffic control signs
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so by the City Engineer, and at the Developer's
expense, have one (1) or more City inspectors and a qualified engineer inspect the work.
Within thirty (30) days after the completion of the improvements and before all retained
security is released, the Developer shall supply the City with a complete set of reproducible
Ccas constructe&' and an electronic file of the "as constructed" plans in AutoCAD.DWG file
or a DXF file, all prepared in accordance with City standards. Before the security for the
completion of utilities is fully released, iron monuments shall be installed in accordance
with NEnnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to
the City certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships and other entities in
which such individuals have greater than a twenty five percent (25%) ownership interest or
in which they are an officer or director may not act as contractors or subcontractors for the
public improvements identified in Paragraph 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
A. Wright County for County Road access and work in County right of
way.
'91
B. NINDOT for State Highway Access
C. NINDOT for work in right of way
D. Minnesota Department of Health for watermains
E. MPCA NPDES Permit for construction activity
F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibility to satisfy themselves with regard to the elevation of
groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable County,
State, and Federal rates and regulations. DNR regulations regarding appropriations permits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by December 3 1, 2018, with the exception of the final wear course of asphalt on streets and
landscaping. The final wear course shall not be constructed until at least one construction
season after the base construction is completed and shall be delayed one more construction
season if at least 75% build out is not achieved. However the final wear course shall not be
delayed for a period longer than two years after the base course is paved regardless of build
out; in which case the Developer shall provide an escrow for fog sealing the streets in the
event the final wear course is placed prior to 75% build out. Final wear course placement
outside of the above time frame must have the written approval of the City Engineer. The
City may impose additional conditions on the extension necessary to ensure performance.
12. Right of Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer thirty (30) business days notice stating the deficiencies and
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, 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. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice and opportunity to cure, take action as it deems
appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public casements or land owned by the
City. Within thirty (30) days after completion of grading and before any retained security is
fully released, the Developer shall provide the City with an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations of the following:
A. Cross sections of ponds
B. Location and elevations of swales and ditches
C. Lot comers and house pads
Occupancy permits shall not be issued by the Building Official until the
grading and drainage plan is certified as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work by the Developer, its agents or assigns.
. 16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
17. Streets. The Developer agrees to maintain the streets in the Plat until the
base course bituminous surfacing has been accepted by the City. Should the City be
required to grade the street prior to paving, the cost of such grading shall be paid by the
Developer and drawn from the Developer's letter of credit. Should snow plowing be
necessary prior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to
plow the street prior to acceptance, such work will be done upon agreement that the
Developer will hold harmless and indemnify the City from any and all liability claims
related to such work and pay all costs associated with that work. Any plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question. The final wear course shall not be constructed until at least one construction
season after the base construction is completed and shall be delayed one more construction
season if at least 75% build out is not achieved. However, the final wear course shall not be
delayed for a period longer than two (2) years after the base course is paved, regardless of
build out; in which case, the Developer shall provide an escrow for fog sealing the streets in
the event the final wear course is placed prior to 75% build out. Upon final completion of
streets and acceptance by the City as a City street rather than a private drive, the Developer
shall guarantee to the City for a period of two (2) years that the streets have been
constructed to City standards. The warranty period shall not commence until such time as
street construction is completed and the streets are accepted as City streets by the City. The
two (2) year warranty set forth above commences upon the date on which the City accepts
the streets by resolution.
18. Sewage Treatment. No occupancy permit for any building within the Plat
will be issued by the City unless the Building Official has inspected both the sewer and
water connections to the building and has certified that they have been constructed
satisfactorily in accordance with City specifications and the City Code.
19. Administrative Fee. A fee for City Administration of this project is one
percent (1%) of estimated construction costs of the public improvements, or $15,612.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 92 lots at $2,382.00 per REC minus a
$66,322.00 credit � $152,822.00.
21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time
of issuance of a building permit. The applicable amount due per unit shall be the fee per
REC unit in place at the time of application for a building permit.
22. Water Availability Charges. The Water Availability Charges for the Plat
due upon Final Plat approval is as follows: 92 lots at $1,663.00 per REC = $152,996.00.
23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The applicable amount due per unit shall be the fee per REC
unit in place at the time of application for a building permit.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is 92
units at $3,486.00 per unit x 97.8%= $313,656.00.
25. Storm Water Management Fee. There is no stonn water management fee
for this Plat.
21
26. Transportation Infrastructure Cost. The collector street access fee for this
Plat is as follows: 92 lots x 1,515.00 per lot = $139,380.00
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $4,250.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: 17 signs at
$250.00 per sign. Using these funds, the City shall purchase and install the street and traffic
control signs.
28. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of two (2) years. In order to facilitate payment
for operation and maintenance of street lights, the Developer shall submit a fee to be
included within the escrow and fees established in Paragraph 29 of this Agreement
calculated as follows: five (5) lights x $500.00 per light for a total payment of $ 2,500.00.
The operation and maintenance of the street lights by the City shall not commence until
such time as the street lights are actually constructed. Street lighting shall conform to
adopted City Code.
29. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration following approval of the Plat. City engineering administration will include
consultation with Developer and its engineer on status or problems regarding the project,
monitoring during the warranty period, general administration and processing of requests
for reduction in security. Fees for this service shall be the actual amount billed for those
services, which are estimated to be three percent (3%) of the estimated construction cost of
the Plan C Improvements to be inspected, assuming normal construction and project
scheduling. The Developer shall pay for construction observation performed by the City
Engineer. Construction observation shall include part or fall time observation, as
determined by the City Engineer, of proposed street, sanitary sewer, water and storin
drainage construction and will be billed on hourly rates actually required for said inspection,
which are estimated to be five percent (5%) of the estimated construction cost of the Plan C
ImpTovements to be inspected. In the event of prolonged construction or unusual problems,
the City will notify the Developer of anticipated cost overruns for engineering
administration and observation services. Any amounts for engineering administration not
utilized from this escrow fund shall be returned to the Developer when all improvements
have been completed, all financial obligations to the City satisfied, and the required "as
constructed" plans have been received by the City.
The escrow and fee account shall also include estimated fees for Legal
expenses actually incurred (with any excess funds, if any, returned to Developer as
indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon
execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon
execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon
execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution
of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon
execution of this Agreement) and shall be established as follows:
Engineering Services Escrow
8% of $1,561,189.00
$124,895.00
Legal Services Escrow
1% of $1,561,189.00
$15 ' 612.00
City Administration Fee
1% of $1,561,189.00
$15,612.00
Street Signs
17 at $250.00 per sign
$4,250.00
Street Lights
5 at $500.00 per light
$2�500.00
Sewer Availability Charge
92 lots at $2,3 82.00 per REC
minus $66,322.00 credit
$152,822.00
Water Availability Charge
92 lots at $1,663.00 per REC
$152,996.00
Transportation Charge
92 units at $1,515 per unit
$139,380.00
Park and Trail Dedication Fee
92 lots x $3,486/lot x 97.8%
$313,656.00
GIS Data Entry Fee
60 acres x $ 100 per acre
UM00.00
Wetland Delineation Review
0 Review at $2,000.00 per
review
$00.00
TOTAL
$927,723.00
This escrow amount shall be submitted to the City prior to the City executing
this Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary items shall be paid to the City prior to execution of this
Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall
be returned to the Developer when all improvements have been completed, all financial
obligations to the City satisfied, and the required "as constructed" plans have been received
by the City.
All other amounts listed as flat fees are non-refundable and available
immediately for City use when posted.
30. Security. To ensure compliance with the terms of this Agreement, and
construction of all public improvements, the Developer shall furnish the City with a cash
escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the
amount of $2,552,036.25 said amount calculated as follows:
Site grading, erosion control and wetland protection
$183,000.00
Sanitary sewer (lateral & trunk)
$294,904.00
Watermain (lateral & trunk)
$382,815.00
Storm Sewer (lateral)
$254,890.00
Streets
$628,580.00
Landscaping
$184,000.00
Engineering services
$113,440.00
SUBTOTAIL
$2,041,629.0
0
25% additional security
$510,407.25
TOTAL
$2,552,036.2
-5
The issuer and form of the security (other than cash escrow) shall be subject
to City approval. The security shall be issued by a banking institution in good standing as
determined by the City and approved by the City Administrator. The City shall have the
ability to draw on the security at a bank or branch bank located within fifty (50) miles of the
City Hall. The security shall be for a term ending July 1, 2018 and shall contain an
automatic renewal provision. The City may draw down the security for any violation of the
terms of this Agreement, or upon receiving notice of the pending expiration of the security.
It shall be the responsibility of the Developer to inform the City at least thirty (30) days
prior to expiration of the security of the impending expiration and the status of the project
relative to the security and this Agreement. If, for whatever reason, the security lapses prior
to complete compliance with this Agreement (other than during any warranty period), the
Developer shall immediately provide the City with either an extension of the security or an
irrevocable letter of credit of the same amount upon notification of the expiration. If the
required improvements are not completed at least thirty (30) days prior to the expiration of
the security, the City may also draw down the security. If the security is drawn down the
proceeds shall be used to cure any default.
Upon receipt of proof satisfactory to the City that work has been completed
and financial obligations to the City have been satisfied, with City approval, the security
may be reduced from time to time down to $272,241.00, which is the amount of warranty
security. A warranty security in the amount of $272,241.00 shall be posted with the City as
set forth in paragraph 34 of this Agreement. The warranty period shall be a twelve (12)
month period after the applicable work has been completed.
Notwithstanding the posting of that warranty security, the security shall not
be reduced below ten percent (10%) of the posted security until all Improvements have been
completed, all financial obligations to the City satisfied (which includes posting of warranty
security), and the required "as built" plans have been received by the City. The intent of this
Agreement is that the City shall have access to sufficient security, either security or
warranty security, to complete the project and insure warranty on all public improvements at
all times.
This security amount shall be submitted to the City prior to execution of the
Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary items shaU be paid to the City prior to execution of this
Agreement.
The security for this Agreement shall be an Irrevocable Standby Letter of
Credit with automatic renewal provisions conforming to the requirements of this Paragraph
or cash in the amount of $2,552,036.25.
31. Landscaping. 'fhe Developer shall install two (2) trees upon each lot within
the Plat of a species approved by the Zoning Administrator. These plantings may not be
installed in a public right-of-way. Any security posted for this agreement or prior additions
may be used to cure any defects in the event that the Developer, it assigns or successors fail
to install landscaping according to this Agreement. Landscaping security to insure
compliance with the approved Landscape Plan shall be $3,000 per lot to be posted with the
City at the time of application for a building permit on each lot. Any trees which can cause a
public nuisance or public hazard, such as bug infestation or weak bark, are specifically
prohibited.
The Developer, Builders or Property Owners (applicant for building permit)
in the residential lot area shall sod all front yards within the buildable portion of each lot
and shall post any security required by the City to assure landscaping or other items in
compliance with the City Code at the time of application for a building permit on each lot.
The Developer, Builder or Property Owner shall provide not less than six (6) inches of
topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie
in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the
trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All
grass seed shall be maintained so that turf is established within me (1) year of planting.
If landscaping as required by the City Code and this Agreement is not timely
completed, the City, after reasonable notice and opportunity to cure, may enter the lot or
lots, perform the work, and apply any posted security toward the cost. The Developer, it
assigns or successors, Builder or Property Owner will provide will provide all trees, grass,
seed and sod within the Plat and shall maintain said plantings and warrant them to remain
alive, of good quality and disease free for twelve (12) months after planting. Any
replacement shall be warranted for twelve (12) months from the time of planting.
Developer is also required to implement a Landscaping Plan including buffer
yard landscaping along City collector and arterial streets as well as designated other
plantings. Security shall be posted in order to insure compliance with the approved
Landscaping Plan.
32. Significant Trees. There are no significant trees within the Pfiase. The
Developer is not required to replace any significant trees.
33. Meters. Meters shall be provided as per City policy.
34. 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, except for warranty on streets which is set forth in
Section 17 of this Agreement. The amount of posted warranty security for public
improvements to be posted by the Developer shall be in the amount of $272,241.00. The
10
amount, has been determined by the City Engineer, and is based upon the costs of the raw
materials and labor which would be necessary to correct the most common deficiencies in
such public improvements.
35. Claims. The Developer shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work required by this Agreement, which is provided to real property owned by
the City, and the sums due them have not been paid, and the laborers, materialmen or others
are seeking payment from the City, the Developer hereby authorizes the City to commence
an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts,, to draw upon the letters of credit in an amount up to one hundred twenty-
five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any
further proceedings as it pertains to the letters of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorney fees pursuant to this
Agreement. In the event that the Developer desires to make a cash deposit instead of
drawing down the letter of credit if a claim is made as stated above, they shall immediately
notify the City of this intent at the time the claim is made and shall delivery one hundred
twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in
the form of cash or certified check.
36. Restrictions. The following restrictions apply to the property and all lots
thereon shall be held, sold, and conveyed subject to the following conditions and
restrictions, which are for the purpose of protecting the value and desirability of the Plat and
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns: Outlots A, B and C are to be deeded to City for
stonn water management and park purposes.
37. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, 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 development, except for
negligence of City, the Developer shall indemnify the City and its
11
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 prevailing party shall reimburse the non -prevailing party for costs
incurred in the enforcement of this Agreement, including engineering
fees, attorney's fees, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt, unless the Developer is in good faith and with all due
diligence disputing the payment of the same. If the bills are not paid
on time, the City may, after notice and a reasonable period of time to
cure said default, halt all plat development work and construction,
including but not limited to the issuance of building permits for lots
which the Developers may or may not have sold, -until all bills are paid
in full. Claims not paid within thirty (30) days shall accrue interest at
the rate of twelve percent (12%) per year.
38. 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 City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance and a reasonable period of time to cure said default. This notice
provision does not apply if the work performed by the City or its contractors is of an
emergency nature, as determined at the reasonable discretion of the city. Should such
emergency work be required the City will make all reasonable efforts to notify the
Developer as soon as possible. When the City does any such work, the City may, in
addition to its other remedies, assess the cost in whole or in part pursuant to any applicable
statutes or ordinances.
39. Miscellaneous.
A. The Developer represents to the City that to best of its knowledge, the
Plat complies with all City, County, State, and Federal laws and
regulations, including but not limited to, Subdivision Ordinances,
Zoning Ordinances, and envirom-nental regulations except where
specifically excluded by this agreement. If the City determines that
the Phase 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
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
12
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the 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, unless a specific exception is approved by the
city.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. 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 Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$ 1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing further building permits.
1. 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
13
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.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
40. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following address: Attention: Lennar,
16305 36th Avenue N., Suite 600, Plymouth, MN 55446. Notice to the City shall be in
writing and shall be either hand delivered to the City Clerk at the following address: City of
Otsego, City Hall, 13400 90th Street NE, Otsego, NIN 55330, Attention: City Clerk
14
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
U.S. HOME CORPORATION D/B/A LENNAR
fta
Its:
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me this day of
— 2017, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk,
of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant
to the authority of the City Council.
Notary Public
15
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017 by - the of U.S. Home Corporation D/B/A
Lennar, with authority and on behalf of the corporation.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3 601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
16
Notary Public
LEGAL DESCRIPTION
17
0
HIGHLANDS OF RIVER POINTE 2ND ADDITION
KNOW AIL PERSON BY THESE PRESENTS: That U.S. Home Corporation, a Delaware corporation, fee owner ofthe following described property situated in the State ofMinnesots, County ofWright to �riL
That part of the Fsat Half of the Southwest Quarter of'Sectiort 1, Township 120, Range 23, that ties in Wright County, Minnesota and lying southerly, westerly and southwesterly ofa line hereinafter referred to aline"A".
And
That part ofthe West Halfofthe Southeast Qua= ofSection 1, Township 120, Range 23, Wright County, Minnesota lying southerly ofa he herninafiterreferred m as line "A".
And
Tliat part ofthe Fast Halfofthc Southeast Quarter of Section 1, Township 120, Range 23, that ties in Wright County, Minnesota and lying southerly ofa line hereinafter mf�arad to as line "A".
And
Thatpart ofthe North balf'oftheNortheast Quarter of'Section IZ Township 120, Range 23 that lics in Wright Comrty� Minnesota.
Line "A" is described as Commencing at the Northeast coomer ofthe Northwest Quarter ofsaid Section 1; thence on an usurned hearing of'Soorth 00 degrees 00 minutes 04 seconds West along the cast line ofsad Northwest Quarter a distance of
2359.48 feet bu the conterliue ofWright County Highway No. 36; thence North 88 degrees 39 minutes 11 seconds West along said centerlim a distance of`77.97 fact; thence South 18 dogmes 06 minutes 16 seconds West adistance of 112.95 fect;
thenceSouth4l degrees 28 minutes 02 seconds West a distance of 146.95 fiect, thence South 87 degrees 23 minutes 40 seconds West a distance of26.99 feet to a point herchnafter reforred to as point "B"; thence continuing South 87 degreei 23
minutes 40 seconds West to a point that intersects the thread ofthe Crow, River being the boundary fine ofsaid Wright County; thence North 87 degrees 23 minutes 40 seconds Fast to said point S"; thence South 08 degrees 35 minutes 38 accen&
East a distance of 164 ' 85 feet adong the exterior perimeter of the plat HIGHLANDS OF RI VER POINTE, according to the recorded plat thereof, Wright County, Minnesota; thence South 0 1 degrees 54 minutes 55 seconds West a ditircs of 204.56
fieet; thence South 16 degrees, 00 minutes 35 seconds West a distance of300.98 feet; thence South 43 degrees 37 minutes 57 seconds East a distance of 123.69 feet; thence South 19 degrees 35 minutes 17 seconds East a distance of97.54 feet;
thence South 41 degreas 59 minutes 40 seconds East a distance of 187.81 fact; thence South 55 degrees 49 miantus 33 seconds East a distance of227.17 ket; thence North 65 degrees 40 minutes I I seconds East a distance of 157.91 fact; thence
southerly a distance of92.67 feet along a turn -tangential curve, concave to the wcst� having a radius of`220.00 fieet� a central angle of24 degrees 08 minutes 00 seconds and a chord that bears South 12 deZrecs 15 minutes 49 setonds East a distance
of9l.98 fec� theme North 89 degrees 48 minutes 11 seconds East, nor tangent to last described courve, a distance of 60.00 fm� thence northerly a distance of 149.23 fact along a nom-tangontial curve coucave to the west� having a radius of280.00
luet� . central -gle f30 degmes 32 minutes 09 seconds and a chord that bears North 15 dogrom 27 minutes 54 seconds West a distance of 147.47 fect; theme North 59 degrees 16 minutes 01 seconds Ewt, not tangent to last described curve, a
di�ta-. of 135.04 feet; ; thence South 28 degrss� 31 minutes 42 seconds East a distance of 92.28 leat; thence South 16 degrees 37 minutes 55 seconds East, a distance of 103.24 feet; theme northeasterly a distance of`30.69 lc�t along a
non-tangential. curve, concave to the northwcst� having a radius of 270.00 fmt� a central angle of 06 degrees 30 minutes 46 seconds and a chord that bcma� North 70 degrees 14 minutes 42 seconds East a distance of 3 0.67 fe�t; thence North 16
dcgm,a37minutca55seco ds Wea� not tangent to last described curve, a distance of 145.00 fect; thence North 46 degrees 05 minutes 46 seconds East a distance of237.77 fiect; thence North 26 degress 42 minutes 48 seconds East adistance of
81.87 fiect; thence North 44,z9Z 34 minutes 10 seconds East . distance of 139.81 feet; thence South 45 degrees 25 minutes 50 seconds Eas� a distance of146-24 feet; thence southerly and a distance of`31 .42 feet along a tangential courve,
concave to the wcst� having a radius of`20.00 feet and a central angle of`90 degrees 00 minutes, 00 seconds; thence South 45 degrees 25 minutes 50 seconds Eas4 not tangent to last described curvt, a distance of6O.00 fect; thence easterly and a
distance of3l.42 feet along a tangential curve concave to the south, having a radius of20.00 feet a central angle of90 degrees 00 miumucs 00 seconds and a chord that bears North 89 degrees 34 minutes 10 seconds East a di�tanca of2a.28 fact;
thence South 45 degrees 25 minutes 50 swonds East a distance of82.29 feet; theme North 44 degrees 34 minutes 10 seconds East a distance of`60.00 feet, thence North 45 degress 25 minutes 50 seconds West a distance of49.38 feet; thenceNortin
85 degrees 53 minutes 32 seconds East a distance 189.30 feet; thence North 18 degrees 59 minutes 01 seconds Eat a distance of 189.48 feet; thence South 66 degrees 03 minutes 31 seconds East to said thread ofthe CmwRivu and said line "A!'
there terminating.
Ha.s caused the same to be surveyed and platted as MGHLANDS OF RIVER POINTE 2ND ADDITION and does hereby dedinsite to the public for public we the public ways and the drainage and utility easements a created by this plat
In witness whereof said U.S. Home Corporation, a Delaware corporation, has caused these presents to be signed by its proper officer this - day of - 2CL-.
Signed: U.S. Home Corporation, a Delaware, corporation
Jon Anne, Division Vice President
STATE OF MINNESOTA
COUNTYOF
This instrument was acknowledged before me this _ day of_
Signature Printed Name
Notary Public, County, Minnesota.
My Commission Expires
SURVEYORS CERTIFICATE
20� by Jon Anne, Division Vice-president ofU.S. Home Corporation, a Dela,vans corporation on behaffofthe corporation.
L David B. Pemberton, do hereby certify that this plat was prepared by ma or under my direct supervision; that I arn a duly Licensed Land Surveyor in the State ofMin-aota; that this plat is a correct representation ofthe boundary survey; that all
mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have beem, or will be ce-dy act within one year, that all water boundaries and wet lands, as defined in Minnesota Statutes, Sued= 505.01
Sub& 3, as of the date of this certificate am shown and labeled om this plat; and all public ways ara shown and labeled m this plat.
Dated this _ day of
David B. Pemberton, Licensed Lmd Surveyor
Mimmaots License No. 40344
SATHRE-BERGQUIST, INC.
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveynis Certificate was acknowledged before me this _ day of , 20� by David B. Pemberton, Land Surveyor, Minnesota License No. 40344.
Signature Printed Name
Notary Public, County, Minnesota.
My Commi sion Expires
CITY COUNCIL,
CITY OF OTSEGO, MINNESOTA
This plat ofHIGELANDS OF RIVERPOINTE 2ND ADDITION, was approved and accepted by the City Council ofthe City ofOLsego, Minucanta at a regular meeting thereefheld this day of
,20- and said plat is in compliance, with the provisions ofMummots. Statutes, Section 505.03, Subd-2.
Mayor
City Clark
WRIGHT COUNTY SURVEYOR
lbereby certify that in accordance with Mimmota Statutes, Section 505.021, Sub& 11, this plat has been reviewed and approved diis_____day of - -20-.
Wright County S--yor
WRIGHT COUNTY HIGHWAY ENGINEER
This plat was reviewed and recomaneuded for approval this _ day of 120 -
Wright County Engineer
WRIGHT COUNTY AUDITOR
Pummset to Minnesota Statutes, Section 272.12, there are rm delinquent t -w on the land hareiribefor, described on this plat and transfer ent .. d this _ day of
Wright County Auditor
V2A "I W: 0 W6191ARV 6146 0 XV111i 1104 "1
Deputy
Purmant to Minnesota Statutes, Section 505.021, Subd- 9, t- payable for the year 20�--- out the land herainbefiere described have been paid this
Wright County Treasurer
L"'j-11i (" - V 04014119 614 9 Reif) *14-11",
Deputy
I hereby certify that this instrument was fled in the Office of the County Recorder for record on this �lay, of
recorded in Cabinet No. Sleeve � as Document No.
Wright County Recorder
20-
20 -
at -o'clock -M., and was duly
1 OF 4 SHEETS
INIIIIIIIIIIIIIII
3
E. 114 CORNE" HIGHLANDS OF RIVER POINTE 2ND ADDITION
SECOI. 7120, R2J
(HENNEPIN COUNTY
CAST-IRON MONUMENT)
VICIMTY M" NO SCALE
F �9,T'l �ST NE —T .........
NE 56TH
N.E Fj L-
T. N
cc c c
c
0 42
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NORTH
A
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V v i �,7F7 I - I,-/ U V I I
�8,34-q,E-
150 75 0 75 150 300
SCALE INFEET
I INCH - 150 FEET
BEARING ORIENTATION: The East line of
the Northwest Quarter ofSectiou 01 Township
120,Rmge23,i—cdto ear
South 00 degrees 00 minutes 04 —nds West-
BENCEMIARK. TNH Riverplace
L-- / -/-
00
INSET A
SEE SHEET 3 OF 4 SHEETS
Sg-l- 42
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=220.00
N. 114 CORNO?,
%
SEICCI, T120. R.2J
ALSO THE NE CORNER
r40188 45 W LINE OF W 112 OF' THE
OF THEN W 114, eo 29
(WRIGHT SE 114 OF SECOI. T.120, R2J
CAST_ CO TY
IRON MONUMENT) 'Al
K.'O.-01011 218152.
2�IR 7- 200.58 ea
N12-24, 55" E
OF m V L -I 4 uc- "9
F 1,11N' 14�6
THE NW 4 0, F- -T-1 I F I A -1 1
NO V 5
SEC. 4 T. lk R. 2J E LINE OF THE E 112 OF THE I,-/ I I F7L- v I t- 51e
SW 114 OF SEC. 04 T 120, R-2,3 cr . . — � SOI'j5'22'-EjJ2.O7
g,
E SOI*54'55"W
SO'.35,38, 204.56 54 2 AIE)II-11 I -T- /A I -T-\,-
1 164.85 9 ",E C, I
1,-/ U/ v P"S 00
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518.14
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ca�6 Q ) r. :0 - 0 De ots . 1/2 i..h by 14 ireh i— pip. set and marked
r V
Rl by'Li...N.. 40344.
V
5,
Denotes a 1/2 inch pipe found and nrarked by License
0 IN No. 40344, unless shown otherwise.
UNE "A"
POINT OF Denotes a Found Cast-Imn-Monment
BEGINNING N
(.W 114 CORNV?,
SECO1, T.120, R-23 ? I SATHRE-BERGQUIST, INC.
(HEWNEPIN COUNTY
CAST-IRON MONUMENT)
I- I— It
T 2 OF 4 SUFFTS
245.0,
001'8485"W NO3'46'53"E
Iff.45
W. LINE OF THE E. 1/2 OF TH E_
5s-
4�24
— — — --- — — —
SF 1/4 OF SEC.01, T. 120� R 23
— — — — — — —
s
NO2*20'40"E 2443.86
E. LINE OF THE W. 1/2 OF THE
SE. 1/4 OF SEC.01. T.120, R.23
4-
OUTLOT
X
-VI? 4,
IA,-'
9
L-- / -/-
00
INSET A
SEE SHEET 3 OF 4 SHEETS
Sg-l- 42
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L,I '0 jo lzl// 1010,
"bl SEE SHEET 4 OF 4 SHEETS IS
>
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O�
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L�12..�7
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=220.00
N. 114 CORNO?,
%
SEICCI, T120. R.2J
ALSO THE NE CORNER
r40188 45 W LINE OF W 112 OF' THE
OF THEN W 114, eo 29
(WRIGHT SE 114 OF SECOI. T.120, R2J
CAST_ CO TY
IRON MONUMENT) 'Al
K.'O.-01011 218152.
2�IR 7- 200.58 ea
N12-24, 55" E
OF m V L -I 4 uc- "9
F 1,11N' 14�6
THE NW 4 0, F- -T-1 I F I A -1 1
NO V 5
SEC. 4 T. lk R. 2J E LINE OF THE E 112 OF THE I,-/ I I F7L- v I t- 51e
SW 114 OF SEC. 04 T 120, R-2,3 cr . . — � SOI'j5'22'-EjJ2.O7
g,
E SOI*54'55"W
SO'.35,38, 204.56 54 2 AIE)II-11 I -T- /A I -T-\,-
1 164.85 9 ",E C, I
1,-/ U/ v P"S 00
'37
,2-5 52
9 �� \4' . O:�,
0.14 '55�?l
"W
518.14
r I I
ca�6 Q ) r. :0 - 0 De ots . 1/2 i..h by 14 ireh i— pip. set and marked
r V
Rl by'Li...N.. 40344.
V
5,
Denotes a 1/2 inch pipe found and nrarked by License
0 IN No. 40344, unless shown otherwise.
UNE "A"
POINT OF Denotes a Found Cast-Imn-Monment
BEGINNING N
(.W 114 CORNV?,
SECO1, T.120, R-23 ? I SATHRE-BERGQUIST, INC.
(HEWNEPIN COUNTY
CAST-IRON MONUMENT)
I- I— It
T 2 OF 4 SUFFTS
HIGHLANDS OF RIVER POINTE 2ND ADDITION
INSET A
0
4 1 1 ct,
5
to NO2*20'40"E 48.8S
A EL6-33
3 7)-,�
L02.2L5 JV/
I F-
0.41
2
�j L-�12,01'07" c,
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�2—.50 80.00 -;5-4.
–913 . ..... . . .. 0,
I - AVENUE 8
Z I/V/7 65 R� 300. 4v,
1*31'45'E 153.05
-97
4--12i
-6o 13
SO
v YET LAND 61
1 9
N 108 a.. cb
W,O a, I tgN ,-e -& Ilie 129.54 3. )
en- _7
—.2a -4 / R - ,4:.
*i9 41,49,
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P
V rv/ C4
0, OUTLOT B Ico 10
0
26 14
10*
lid, �0, '05
0
DRAINAGE & UTILITY
EASEMENT OVER
ALL OF
-0, OUTLOT B
00 -0. 13
2
2
"IV
12
IRI
3 25 4-
1\0 3
In, .
7 4
24 AI
do
> 4
n
6 5 c1b"
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5 6 A -x
8
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A W
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6 �4
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05.00
0 -�,a
SATHRE-BERGQUIST, INC. v --A0 I)
0 �Go
DII a k. I � 6
, 13
r
30
3 .00 30-00
2-007 -- --
GO
S03 . 39101"E
0 Damtes a la inch by 14 inch iron pipe set and marked
by License No. 40344.
0 Denotes a 1/2 inch pipe firund and marked by License
No. 40344, unless shown. otherwise.
(j) DenotesaFoundiCast-Tron-Monvenout,
DRAINAGE AM UTMrfY EASENIENTS ARE SHOWN THUS:
10
bI
b,
Is
—i
L
I NOT TO SCALE I
Being 5 feet in width and adjoining lot lines, unleas otherwise
indicated, and 10 feet in width and adjohiing right ofway Ifies,
unless otherwise indicated, as shown an the plat
50 25 0 25 so I00
SCAJE)NFEET
I INCH - 50 FEET
HEARING ORIENTATION. The East line of
the Northwest Quarter ofSection 01, Township
120, Range 23, 1. assumed to bear
South 00 degrees 00 minutes 04 seconds West.
j SHEET 3 OF 4 SHEETS
10
bI
b,
Is
iZ,
10
13
50 25 0 25 so I00
SCAJE)NFEET
I INCH - 50 FEET
HEARING ORIENTATION. The East line of
the Northwest Quarter ofSection 01, Township
120, Range 23, 1. assumed to bear
South 00 degrees 00 minutes 04 seconds West.
j SHEET 3 OF 4 SHEETS
HIGHLANDS OF RIVER POINTE 2ND ADDITION
INSET B
A�
4-
50 25 0 25 50 100
�S. "o A?-
SCALEINFEET "S
I INCH - 50 FEET 22
'0
v-
BEARUNG ORffNTAnON: The Eat line of
theNorthwest Quarter ofSectim 01, Township
120, Range 23, is assmaned to bear 0 4,--
5
rainutes 04 seconds West
South 00 degrees 00
0
21
0 Donut. a U2 inch by 14 inch iron pipe set and naadved 2
byLicermeNd. 40344. 10 -.0 AVENUE -70-
06
0 Denotes a 1/2 inch pipe found and marked by License L 13
No. 40344, unless shown otherwise. - -31 5 11 L=-6 '20'E� IEL2.04—
\66 -- —]� A==13*05 Wl 14
19 @) Denotes a Found Cast-Iron-Monuartent 16 15
s
16
2.A, 10 C5 3
16
XI L 18 —J 1 17 lt�
I -I
—311�1 Sv
-��l `9 70.
1E I \ ��: - - 70A5 -
00 52.72 40--ly
8LO
0 -P� LU
Noe!�4�O 0,-w L --20 _7',%,,W
, 0 9.jCt .08 S03-oS'37"E — 41
'39'01"E ci oRAJNAGF AND
60.00
S03 ----- AA- Ty EASEMENT
L-7.20
2- - T --- E:�,
D--1*14'59 3 1 Z
4
m .77,/
0
2 so c?
N, Io3 A
P Z z�C-177/ 4
cr, "Ora
10'ro. 3.12- 30
lb
'0
30, C) U
0
u. \1 "A 16.55 9 5
0-
NL9
7
NDO'11'49"W 139.4,0
U
160 6
B— 70.00
<
5;7,
C5 6
�'7
DRAINAGE AND UTU= EASEA= ARE SHOWN THUS: u7i 0 C,4 t" DO' 1>
121-4 JD
V ION
Lz;- OF] - 27 r1
U, .6
4 4 2 COO)
1— 3 !2 Or A VENUE
-I IYO
m 7
m ro
I P 4 ZI
SWVEY LINE- I
10
07-21,41"m N01 0105 Jv .0 1,2_q -w 76.97 10 L
46.38 �0- 91 N
- 70.16
1.33 188.4
It ' N04-01'?9"W At/4-j, 12
SCAIE D At AGE AN13 -59
.,To I
T1 EASEMEN
Being 5 fear in width andadjoining lot lines, unless otherwise C17 1, 10 10
indicated, and 10 feet in width and adjoining right ofway lines,
unless otherwise indicated, ast shown or. the plat
IV 2
L V9.56
Ale
4,5 kll.
200.
SATHRE-BERGQUIST, INC.
I SBEET