ITEM 6.2 Meadows of River Pointe 3rdOt�TY.F 0
MINNFSOT�g
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Planning
City Planner Licht 11 December 2017
PRESENTER(s)
REVIEWED BY: ITEM #:
City Planner Licht
City Administrator Flaherty 6.2 — Meadows of RP 3rd
City Engineer Wagner
City Attorney MacArthur
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a final plat and development agreement for Meadows of River Pointe
3rd Addition.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
15 A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUN D/J USTI FICATION:
Lennar Corporation has submitted application for final plat approval of 82 single family lots to be known as
the Meadows of River Pointe 3 d Addition. The subject site is located north of 53 rd Street (CSAH 36) and
east of Randolph Avenue. The City Council approved the preliminary plat for the development of the Lahn
Farm property on 14 March 2016.
• Preliminary Plat Consistency. The proposed number of lots, outlots and street layout of the final
plat is consistent with the design for this area of the development as shown 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 approval require submission of a landscape plan with
application for final plat approval and provide for plantings as required by Section 20-19-2.0 and
Section 20-19-2.D of the Zoning Ordinance. The developer has submitted a landscape plan for the
entire preliminary plat meeting the requirements of the Zoning Ordinance. The developer will be
required to install the landscaping within the area of the final plat as a condition approval and
provide a security as part of the development contract.
• Lot Requirements. The single family lots the final plat are subject minimum lot and setback
requirements shown below. All of the proposed lots illustrated on the final plat comply with these
requirements.
Access. The final plat is accessed from CSAH 36 and local streets constructed as part of the
Meadows of River Pointe previous additions. The access to CSAH 36 improves overall circulation
and access to the Meadows of River Pointe development during phased construction. The
developer will pay a collector street access fee for the proposed final plat as provided for in the
development agreement.
Streets. 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. A sign identifying future
extension of the public street are to be installed at the the temporary cul-de-sac terminating
Rathburn Avenue. All street signs will be installed by the City with a fee paid by the developer as
outlined in the development agreement. Street names shown on the final plat are approved by
City staff. All street construction plans are subject to review and approval of the City Engineer.
Park and Trail Dedication. Section 21-7-18 of the Subdivision Ordinance requires 12 percent of
the net area of the subject site to be dedicated to the City for parks and trails, a cash fee in lieu of
land paid to the City, or a combination thereof as determined by the City. The net area of the
preliminary plat is 226.81 acres (less right-of-way for CSAH 36 and wetlands) making the required
dedication of land 27.22 acres. No land will be dedicated to the City for public parks as part of this
proposed final plat.
Final plats south of CSAH 36 included dedication of a corridor for a public trail from CSAH 36 to the
outlot encompassing the Crow River floodplain deeded to the City. The trail corridor will be
credited 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 for the preliminary plat will be paid as a percentage of the cash
fee in lieu of land in effect at the time of final plat approval as outlined in the development
agreement for the proposed 3 d Addition.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed final plat. All grading and drainage plans are subject to review and approval by the City
Engineer. The developer is providing for regional storm water management within the
preliminary plat and no Stormwater Impact Fee is required.
Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans are
subject to review and approval by the City Engineer. 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. The developer is required to pay Utility Availability Charges at the time of final plat
approval as outlined in the development agreement.
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-cle-sacs, and at the midpoint of blocks longer than
900 feet. A Type 11 is to be light installed by the developer at intersection of CSAH 36 and 55 th
Street. 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 lots 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 easements are subject to review and approval of the City Engineer.
Outlots. The proposed final plat includes the following outlots as shown below. There are trails
within Outlots A and C that are to be maintained by the homeowners association; easement
documents allowing the trails and trail maintenance within the outlots to be deeded to the City
must be submitted and recorded with the final plat. Said easements are subject to review and
approval of City staff.
Outlot
Function
I Ownershi
A,13, C
Wetland / Storm Water Basin/Trail
I Deed to C
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
recordinR of the final plat.
SUPPORTING DOCUMENTS ATTACHED: I
• Engineering Review dated December 6, 2017
• Findings of Fact and Decision
• Resolution 2017-103 approving a development agreement
• Development agreement
• Site Location map
• Final plat (5 sheets)
Pt-).%.RlRLF M0TI0N
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the final plat of Meadows at River Pointe 3 rd Addition subject to the conditions
stipulated in the findings of fact and decision dated 22 November 2017, and adopt Resolution 2017-103
approving a development agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA __:::J
Review No. I
Hakanson
Anderson
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-Berquist, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Cody Slyvester, E.I.T.
Date: December 6, 2017
Proposed
Development: Meadows of River Pointe P Addition
Street Location A portion of the NE V4 of Section 1, T 120, R23 Northwest of
of Property: CSAH 36 (Rawlings Ave) and East of Randolph Avenue.
Applicant: Joe Jablonski
Developer: Lennar 1h
16305 36 Ave. N
Suite 600
Plymouth, MN 55446
Owners of Record: Lennar
Purpose: Meadows of River Pointe 3rd Addition is a proposed 45.6+ acres
82 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 AVAILIBLE
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 Meadows of Riverpointe 3 d Addition, dated 11/13/17, by
Sathre-Berquist, Inc.
Final Plat for Meadows of Riverpointe 3 d Addition, dated 11/13/17, by Sathre-Berquist, Inc.
Storm Sewer Design Calculations for Meadows of Riverpointe 3 d Addition, dated 11/15/17, by
Sathre-Berquist, Inc.
Stormwater Management Plan for Lahn Parcel Development, revised October 2017, by AE2S
Geotechnical Exploration Report for Lahn Properties, dated 1/14/15, by Haugo Geotechnical
Services.
The Lahn Property EAW
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
PAGE 3
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FINAL PLAT
There appears to be overlapping easements along the north lot line of Lot 1, Block I
There is an existing 30' here covering the forcemain along this property line.
2. A minimum 20' easement centered on the watermain between Lots 7-8, Block 6 is
required.
3. Many drainage easements are needed to cover cross -drainage in rear yards.
4. 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)
5. A project boundary/limit line shall be provided.
6. There are two "Wetland G" within the project. One should be renamed to prevent
confusion.
Final Street Plan (Sheet 2-9)
7. All garage floors 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.
8. The existing gravel entrances off of County Road 36 (Rawlings Avenue NE) shall be
removed as part of this project.
9. It is unclear what the question marks are showing along the northern and southern trail
centerlines.
10. The final plans shall provide horizontal and vertical curve information in accordance with
the MnDOT Bikeway Facility Design Manual for all bituminous trails. A 20 -mph design
speed shall be used for all curves. Vertical curves (20' minimum) shall also be provided
at all grade breaks of greater than 2%. Horizontal curves shall have a minimum 90'
radius.
11. The final plans shall indicate the cross -slope direction of the trail. (arrows across the trail
are acceptable)
12. The Phase 2 northern trail stationing is shown and can be confused with the proposed
stationing. It would be helpful if Phase 2 stationing was removed from sheet 9.
PAGE 4
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TRACEY DEFRANCE
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ZONE - Al
LOCATION MAP
PREPARED BY:]
SHEET INDEX TABLE
SHEE-F
Description
1
Title Sheet
2-7
Final Street Plan
8-9
Final Trail Plan
10-14
Final Sanitary and Watermain Plan
15-19
Final Storm Sewer Plan
20-22
Final Grading Plan
23-25
Final Erosion Control Plan
"-- 2:9 :�
Detail Sheets
PREPARED BY:]
I PREPARED FOR
ENGINEER
DEIROPER
SATW�RGQUMT. INC.
LENNAF1
150 SOUTH BROADWAY
16305 WTH AVE N. SUITE GOD
WAY7ATA, MINNESOTA 55391
PLYMOUTH, MN 55446
PHONE. (952) 476-6000
CONTACT. JOE JABLONSKI
FAX: (952) 4764104
PHONE: 952-249�3014
EMAIL'. JDEJABLONSKIOLENNAR-COM
mGMERSLAGE
EMIL:GWIEMERSLAGE@SATHRE.CDM
CON T, DAVID H!NNERS
PHON 02-255-9624
EMAIL! DAVID.HINNFRS@LENNAR�COM_1
SITE DATA
LOT STANDARDS
EX[SITING ZONING: � DIIVd Lm D ... ltRsid�Ual
COMPREHENSWEP PUD
ALL SINGLE �AKLY LOTS
NRAGG EMCK=3D
MIN. SIDE YARD SIETBACK�7517S
MIN. SIDE YARD CORNERSETSACK=�
MKREARYARC-EMC"��
WETLNNQ SUFFERA� S
.IN -.—.N--- NBUFFM=2T
MIN.WETLANDRESTORATIONSUFFER=ZY
MKWETLANDBETBACK=W
LOT COUNT
PHASED - 82
APPROVED
RONALD J WAGNER, CITY ENGINEER.
Date:
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DRAWING NAME NO. BY DATE REVISIONS USE INCLUDING COPYING, DISTRIBUTION, ANDIORCONVEYANCEOF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO.
BY ME OR UNDER MY DIRECT SUPERVISION AND THATI '�'s
MRP3RD INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED TITLE SHEET 5401-665-300
DRAWNSY - - - - --- - - --- - - - - - - - - - - - - - - - - - SATHRE-BERGQUIST, INC.'S EXPRESS WRITTEN AUTHORIZATION. USEWITHOUT AMA DULY REGISTEREF).P'ROF'SSIgNAL ENGINEER UNDER THE
CHF . . . . ... . . . .. . . . . . . . . . . . . . . . . . SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS 0 �THE.TATE. NN T, SATHRE-BERGQUIST, INC. MEADOWS OF RIVER POINTE
- - - - - -- - - - -- - - - - - - - - - - - - - - - - - INDEMNIFY SATHRE-SERGQUIST, INC. OF ALL RESPONSIBILITY. 150 SOUTH BROADWAY WAYZATA, MN. 55391 (9S2) 476-6nnn OTSEGO,
CHECKED BY . . . . . .. . . . .. . . . . . . . . . . . . . SATHRE-BrRGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGr 3RD ADDITION
D RE'-- MINNESOTA LENNAR
CAW - - - - - -- - - - -- - - - - - - - - - - - - - - - - - USER OR PARTY LEGALLY RESPONSIBLE FOR AMAGES OR LOSSES -IIILTIN. z"1— A
DATE FROM ILLEGITMATE USE. �nES,� �IELAGE� RE
M a
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11103117 -- - - - - -- - - - -- - - - - - - - - - - - - - - - - - � 7 Lic.No._:
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KNOWALL PERSON BYTHESE PRESENTS: That U.S. Home Corporation, a Delaware corporation, fee owner ofthe following described property situated in the State ofMinnesota, County of'Wright, to wit:
That part offlue Southwest Quarter ofthe Northeast Quarter, put ofthe Northwest Quarter ofthe Northeast Quarter, part ofth, Northeast Quarter ofthe Northeast Quarter and part ofthe North Halfoftht Southeast Quarter of
the Northeast Quarter ofSection 1, Township 120, Range 23, Wright County, Minnesota, described as commencig.tthe southeast corner fmid Southwest Quarter fthe Northeast Quarter fSertim, 1; them. on - mmmed
hearing offorth 00 deg- 12 minutes 20 mcumla East along the cast line of'said Southwest Quarterofthe Northeast Quarter a distance of619_94 feet to the north Lim of the South. Halfofthe Southerett Quarter ofthe
Northeast Quarter of said Section 1; thence South 98 degrees 37 minutes 08 seconds East along said north line of the Sm th Half a distance of 19 L92 feet to the point ofbeginning; theme North 01 degrees 22 minutes 52 seconds
East a distance 'f206.72 feet, theme North 80 degrees 17 minutes 49 seconds West a distance of 11-12 feet; theme North 73 degrees 35 minutes 45 seconds West a distance ot'70.00 fect; theme North 69 degrees 21 ruirrutea 34
seconds West . distance of 135.37 feet; theme North 89 degrees 34 minutes 45 seconds West a distance of5O.90 feet; thence South 57 dcgrecs 09 minutes 42 seconds West a distance of'45.93 feet, theme North 37 degrees 34
ruito us 01 seconds West a distance of 12U9 feet theme northeasterly a distance of 3T86 feet along a nentangential curve, concave to the southeast; having a radius of 230.00 feet a central angle of09 degrees 25 mmutes 49
seconds and . chord which bects North 57 degrees 34 manot. 12 seem& Fast for 37.81 feet; theme North 27 deg- 42 minutes 54 seconds West not trogent to the last described curve, a distance of60.00 feet, theme
southwesterly . distance of'47.54 feet along a nou-tangential come, concave to the amthcast� having a radius of 290.00 feet and a central angle of 09 dcgrcc� 23 minutes 34 seconds and a chord which bears South 57 degrees 35
ruirrot. 19 seconds West for 47.49 fect; thence westerly a distance of 27.91 feet along a reverse ourve, coneavc to the north, having a radius of20.00 feet, a central angle of'79 dqgmm 57 minutes 49 =ends and a chord which
beats North 87 degrees 07 minutes 33 seconds West for 25.70 fact; thence northerly a distance of 185M feet along a compound curve, concave, to the northmst� having a radius of32000 feet and a central angle of33 degrees 13
minutes 22 m.mds; thence northeasterly a distance of'30.93 feet along a compound crove, concave to the southeast, having a radius of20.00 feet and a central angle of 98 dcgreec 36 minutes 40 seconds; theme northeasterly a
distance of92.02 feet along a reverse curve, concave to the norffiwca� having a radius of28O.00 fact and a central angle oflg degrees 49 minutes 49 seconds to the most southerly comer ofRaspbry Avenue NE � dedicated by
MEADOWS OF RIVER P02M 2ND ADDITION according to the recorded plat thereof Wright County, Minnesota; thence northeasterly continuing along last described curve, being the boundary line ofsaid plat
MEADOWS OF RIVER POINTE 2ND . distance of 197.61 fic� having a radius f280.00 feet and . central angle o1738 degrees 23 minturs, 21 seconds; thence easterly a distance of2g.07 feet along a tangential cur- concave
to the south having a_radiva of20.00 fret and a central angle of'80 degrees 24 minutes 21 seconds; thence South 82 degrees 07 minutes 25 seconds East a distance of'54.85 feet; thence North 07 deguses 52 minutes 35 seconds
East . dist ... of`60'00 limt; theme North 82 degrees 07 minutes 25 seconds West a distance of54.70 fact; thence North 00 degrees 05 onjunt. 46 cmda East, tangent to last described curve, . dWauce f99.15 feet; thence
northerly a distance of 55�72 feet along a tangential curve corneve, to the west, having a radius of'290.00 feet and a central angle of I I degrees 00 minutes 34 seconds; theme North 47 deg- 43 minutes 40 seconds Fast a
distance of 153.87 feet; theme North 23 degrees 18 minutes 19 seconds �ast a distance of 186.41 feet; thence North 79 degm= 40 minutes 54 seconds West a distance of 137. 17 ficet; thence northerly a distance of30_06 fhet
.long a non-tangential curve concave to the wmt having a radius of`2 80.00 feet, a central angle of 06 degrees 09 minutes 02 seconds and a chord that bears, North 07 degrees 14 minotes 35 seconds East a distance o1730.04 fect;
the oth 82 deg- 02 minutes 10 seem& Ecat, or tangent to last described curve, a distance of 170.41 feet thence on a bearing cu[North a distance of 166.74 feet-, theme North 61 degrees 08 minutes 42 seconds West .
di=eSof5o .15 hot-, therer, North 26 degrees 06 minutes 19 seconds West a distance of 133.09 fect; theme North 48 degrees 05 minutes 19 seconds West a distance of242.4, feet to the North line ofthe Northeast Quarter of
said Section 1; thence North 89 degrees 53 minutes 44 seconds East along mid North line ofthe Northeast Quarter a distance of 1,498A I feet to the Northeast corner of said Northeast Quarter, theme South 00 degrees 24 minutes
20 seconds West along the sea line of said Northeast Quarter of the Northeast Quarter a distance of455,02 feet to a point distant 455.00 feet south ot as measured at a right angle to said north line of the Northeast Quarter ofthe
Northeast Quartan, the -cc North 88 degrees 47 minutes 32 seconds West a distan e of 1.13 hect to the ceeterline ofWright County HighwayNa. 36; thence southwesterly along said renterfine a distance 620-22 feet along a
non-tangential curve concave to the northwest having a radius of973.05 feet; a central angle f36 degrees 31 minutes 14 sa-dis and n chord that bears South 21 degrees 25 minutes 36 seconds West a distance of609.78 fect;
thence South 39 degrees 41 minutes 13 seconds West along said conterlim a distance of101 6.06 feet to said north line ofthe Scrothllalfofthc Southeast Quarter ofthe Northeast Quarter theme North 89 degrees 37 minutes 08
seconds West along said north Hue ofthe South Relfol'the Southeast Quarter ofthe Northeast Quarter a distance of257.74 feet to the point ofbegirming.
Has caused the same to be surveyed and platted as MEADOWS OF RIVER POINTE 3RD ADDITION and do. hereby dedicate to the public for public use the public ways and the drainage and utility camments n created by
this plat.
In witness whereof said U�S. He- Coqunation, a Delaware corporation, has caused these pm." to be signed by its proper cuffimr this _ day of 120
Signecd., U.S. Home Cruporation, a Delaware corporation
In. Aum, Division Vice President
STATE OF MINNESOTA
COUNTY OF
This instrument wee acknowledged before on, this _ day
corporation.
Signer -
Notary Public,
MyCommimionExpires
SURVEYORS CERTIFICATE
Printed Name
County, Minnesots.
CITY COUNCIL,
CRY OF OTSEGO, MINNESOTA
This plat ofMEADOWS OF RIVER POR -71E 3RD ADDITION, was approved and accepted by the City Council ofthe City of0tacgo, blinnesmat at a regularoureting theneofteld this day of
20� and said plat is in compliance with the provisions ofMinmeaDta, Statutes, Section 505,03, Subd.2.
Mayor
City Clark
WRIGHT COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes, Section 505.02 1, Subd. 11, this plat has been reviewed and approved this -day of
Wright County Surveyor
'WRIGHT COUNTY HIGHWAY ENGINEER
This plat wm reviewed and recommended for approval this _ day
Wright County Engineer
WRIGHT COUNTY AUDITOR
Pursuant to Minnesota Statutes, Section 272.12, them are no delinquent =as on the land berainbefore described on this plat and transfer entered this_ day
Wright County Auditor
20� by Jon Ame, Division Vice -President, ofU.S. Home Corporation, a Delaware corporation, on behalfofthe WRIGHT COUNTY TREASURER
l,DzvidB.Pcmb non, do hereby certify that this plat- prepared by me or under my direct supervision; that turn a duly Licensed Land Surveyor in the State ofMinnesota; that this plat is a correctrepresentation ofthe
boundary -y,71.11 mathematical data and Ibcla am e....fly designated .. this plat; tht.11 monuments depicted .. thi�plathavo been, rwill be correctly s.twithi. o -ye-, that .11 waturboundaries andwet I.&,.
defl.ed in Minnomts Statmr�, Section 505.01, Subd. 3, as ofthe date ofthis certificate ar, shown and laboledon this plat; and all publieways are shown and labeled on this plat.
Dated this _ day . 20
David R. Pemberton, Licensed Land Survayer
Minnesota License No. 40344
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyor's Certificate was acknowledged before me this _ day
Signature
My commission
Printed Name
County, Mi-ca.t.
les sn",
I SATHRE-BERGQUIST, INC.
20_ by David B. Pemberton, Land Suoveyor, Min-som License No. 40344.
By:
Deputy
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, tma payable for the you 20L_ on the land herumbefore described have been paid this _ day of 20__.
Wright County Treasurer
WRIGHT COUNTY RECORDER
Deputy
I hereby certify that this instrument was filed in the Office, of the County Record= for record on this day of
recorded in Cabinet No. Slcov,�� as Document No. -,
County Recorder
M
20. at_o'clock_M., and was duly
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Denotes a M inch pipe found and marked by License No.
DRAINAGE & UTIUTY
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40344, nIna shown otherwise.
BEARING ORIENTATION: The north line ofthe
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Denotes a Found Cast -Tion -Monument
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NOT TO SCALE
Being 5 feet in width and adjoining lot lines, unless, otherwise
indicated, and 10 fact in width and adjoining right of -way lines,
unless otherwise indicated, as shown on the plat -
S 4014 1 SATHRE-BERGQUIST, INC.
SHEET 4 OF 5 SHEETS
lil
0 25 50 100
SCALE IN FEET
BEARING ORIENTATION: The north line of the
Northeast Quarts' ofthe Northeast Quarter ofSection 01,
Township 120, Range 23 is assurned to bear
North 89 degrees 53 rairoacs 44 scootuls E.L
0 Denotes a 1/2 inch by 14 inch iron pipe set and marked by
License No. 40344.
0 Denotes a pk nail set and distk marked by License No, 40344
Denotes a 1/2 buch pipe found and marked by License No.
40344, unless ab.— flxmi-
Dmotcs a Found Cast-Tron-Monaracnt
DRAINAGE AND UTILITY EASE14ENTS ARE SIR)WN THUS:
NOT TC SCALE
Being 5 feet in width and adjoining lot lines, unless otherwise
indicated, and 10 feet in width and adjoining right ofway lines,
unless otherwise indicated, sa shown an the plat.
SATHRE-BERGQUIST, INC.
41-14; 98
60,001,
INSET C
N. LINE OF THE SW 1/4 OF THE
NE 1A OF SEw. T-120, R-23
N* UNE OF 1HE V/2 OF THE
. 1/4 OF T.E NE 1 /4 OF
SEC -1, T.120. R.23
Mumma
CURVE AND LINE TABLE
TAG # LENG�DELTA I RADIUS
BEARING/ CHORD BEARING
CHORD DISTANCE
C1 47-54 1 A -9-23'.3e 1 290.00
S57 -35-19-W
47.49
N. UNE OF THE N.1/2 OF
THE SE 1/4 OF THE NE 1/4
OF SECA, T.120, R.23 '
5 SBEETS
13. Prior to the placement of the wear course an 18" wide strip shall be milled into the
existing wear course to stagger the joint above the non -wear course at all locations where
new pavement joins new pavement.
14. Pedestrian ramps are required on both sides of Rathbun Avenue at bituminous trail
crossings.
SanitM Sewer and Watermain (Sheets 10- 14)
15. Length of watermain pipe shall be indicated on each sheet.
16. Sheet 11, along 5 6 Ih Street it appears that the hydrant at approx.. station 4+10 could be
moved I lot line to the west and the hydrant at approx. station 1+40 can be eliminated.
17. Sheet 11, label all street names and the stationing of 55th Street in the plan view.
18. County approval will also be necessary for the work within CSAH 36 right-of-way.
19. Please show the location of the 18" casing and label stationing of start and end of casting
in the profile for the watermain boring in the profile for 55th Street. Also, indicate the SE
edge of the existing road in the profile.
20. Sheet 12, sanitary sewer run between MH 13 and NIH 14 is greater than 400'. The
maximum allowable run between manholes is 400'.
21. Sheet 14, label stationing in the profile for the watermain loop.
22. A minimum of 4" of insulation is required between all storm and water/sanitary crossings
if there is less than 24" of separation. Please call out insulation at the crossing near
CBNIH 35.
Storm Sewer (Sheet IL --19)
23. Note 10 refers to an articulated block EOF and there is a typical EOF detail. There is not
a location shown on the plans where this would be necessary. Please remove the note
and detail to avoid confusion or show the articulated block EOF on the plans.
24. The pond outlet (water leaving pond) FESs do not need articulated block around them.
Only pond inlets (water entering pond) require this. FES 3, 21, 52, 54, and 56 do not need
articulated block.
25. All culverts shall have all pipes tied.
26. We recommend including notes 13 and 14 from the Highlands of Riverpointe 2 d
Addition regarding polyethylene pipe. The details for the installation of this pipe shall
also be included in the final plans.
27. Proposed storm sewer run underneath County Road 36 will require County approval.
The method of installation of this storm sewer shall be called out in detail (open cut vs
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boring, traffic control, etc.) A drainage & utility easement will also be needed for this
storm sewer on the southeast side of County Road 36.
28. We would recommend that the storm sewer pipe from STNM 2 to the river be revised to
include a drop structure prior to discharging to the river. The velocity of the discharge
water is a concern for erosion. Providing a drop structure before the river will allow the
depth of the pipe at the road crossing to be shallower and provide a pipe with a slower
discharge velocity at the river.
29. The hydrant lead south of NM 25 appears to have less than 24" separation from the
watermain and will need 4" of insulation at the crossing.
Grading Plans (Sheet 20-22)
30. A project grading boundary/limit line shall be provided.
31. Often 2' contours do not provide enough detail for final lot grading, especially where
there are significant grade changes therefore the final grading plans shall provide an
elevation label at the front and rear setback lines on all lot lines between houses with 2'
or more elevation difference. These elevations shall provide fall away from the lower
house. (Similar to the elevation called out between Lots 122 and 123.)
32. Please label the location of the EOF to the west of Wetland A and the EOF elevation.
Sheet 20, the street section and Street note I on the bottom of the sheet do not agree with
the street section called out on sheet 2.
33. 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.
34. The wetland areas are missing for Wetland A and Wetland B.
35. All EOF labels shall include an elevation. If there is not an elevation associated with the
show EOF arrow then these arrows shall be revised to typical drainage arrows.
Erosion Control Plan (Sheet 23-25)
36. No comments.
Construction Details (Sheet 26-29)
37. Details for the installation of ADS polyethylene pipe shall be included.
38. The typical section to be used for the bike trails shall be stated.
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STORM SEWER DESIGN/HYDROLOGY
39. A runoff coefficient of 0.4 is being used for all drainage areas. Provide justification for
this "C" value. Typically for 'Aacre lots we have seen values of 0.2 in rear yards and 0.55
for front yards so a typical lot calculation/sketch is needed.
40. Verify all pipe grades provide a minimum FULL flow velocity of 3 feet per second. The
Hydraflow report show some velocities below this minimum but it is assumed that this is
the actual velocity for the I 0 -yr storm and not the full flow velocity.
41. Please provide a maximum pipe capacity (Qfuti in previous reports) within the storm
sewer report to confirm that actual flow rates are below this maximum.
WETLANDS
42. Please provide the area of Wetland and upland buffer being created for both new
wetlands.
OTHER CONSIDERATIONS
43. A separate development plan and separate development tabulation shall be provided. The
Lot, Block, Garage Floor Elevation, Lowest Floor Elevation, and Lowest Opening
Elevation shall be provided.
SUMMARY AND/QR RECOMMENDATION
We recommend approval contingent upon the above items being addressed.
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0 CITY *F
FINDINGS OF FACT AND DECISION
19 January 2017
APPLICANT: Lennar Corporation
APPLICATION: Request for final plat approval of the Meadows of River Pointe 3rd Addition.
CITY COUNCIL MEETING: I I December 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-CLIP on 14
March 2016.
E. The applicant is proposing a final plat of 82 single family lots.
F. The Request for Council Action dated I I December 2017 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated December 6, 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 Meadows at River Pointe 3 d Addition shall comply with the following
minimum setbacks:
1
Front
Side
Rear
Wetland
CSAH 36
25ft.
30ft. garage
7ft.
20ft.
40ft.
65ft.
3. The final plat shall be revised to indicate street names 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 as set forth in the development agreement.
6. 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
and pay utility connection charges 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, B, and C as shown on the final plat shall be deeded to the City in accordance with
Section 21-7-15.D of the Subdivision Ordinance.
12. Easement documents allowing the homeowners association trails and trail maintenance
within Outlots A and C to be deeded to the City shall be recorded with the final plat, subject
to review and approval of City staff.
13. 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 1 1th day of December, 2017.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
2
Attest:
Tami Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-103
RESOLUTION APPROVING DEVELOPERS AGREEMENT- MEADOWS
OF RIVER POINTE 3RD ADDITION
WHEREAS, U.S. Home Corporation D/B/A Lennar intends to construct eighty
two (82) residential homes upon property platted as MEADOWS OF RIVER
POINTE 3RD 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;
The attached Developers Agreement between the City of Otsego and U.S.
Home Corporation D/B/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 1 lth day of December, 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
PA
DEVELOPME14T AGREEMENT
MEADOWS OF RIVER POINTE 3RD ADDITION
AGREEMENT entered into this day of December, 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 MEADOWS OF RIVER POINTE 3RD
ADDITION. The legal description of the property covered by this Agreement
is as follows:
See Exhibit A.
The Plat contains eighty two (82) 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.
I
3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise
disturb the earth, remove trees, construct sewer lines, storm 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 eighty two (82) lots within the Plat does not occur until an required security has been
posted.
5. Changes in Official Controls. MEADOWS OF RIVER POINTE 3RD
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 MEADOWS OF RIVER POINTE 3RD 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, MEADOWS OF RIVER POINTE 3RD 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
MEADOWS OF RIVER POINTE 3RD ADDITION, as prepared by
Sathre- Bergquist, Inc. and as finally approved by the City Engineer.
2
Plan D Landscape Plan for MEADOWS OF RIVER POINTE 3RD
ADDITION, prepared by Sathre- Bergquist, Inc., and as finally
approved by the City Zoning Administrator.
7. Improvements. The 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
44as constructed" 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 Minnesota 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.
B. MNDOT for State Highway Access
C. MNDOT for work in right of way
D. Minnesota Department of Health for watermains
E. MPCA NPDES Permit for construction activity
F. WCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
1. 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 rules and regulations. DNR regulations regarding appropriations permits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by December 31, 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 finther 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 conforni to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements 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 hamiless 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
5
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 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
buildout; 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 pen -nit 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 $13,834.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 82 lots at $2,3 82.00 per REC = $195,324.00.
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. I
22. Water Availability Charges. The Water Availability Charges for the Plat
due upon Final Plat approval is as follows: 82 lots at $1,663.00 per REC = $136,366.00.
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 82
units at $3,486.00 per -unit x 96.2% = $274,990.00.
25. Storm Water Management Fee. There is no stonn water management fee
for this Plat.
26. Transportation Infrastructure Cost. The collector street access fee for this
Plat is as follows: 82 lots x 1,515.00 per lot = $124,230.00.
rei
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $15,000.00 for installation of traffic control signs (stop
signs, street signs, dead-end signs). The said amount was calculated as follows: 60 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 27 of this Agreement
calculated as follows: 6 lights x $500.00 per light for a total payment of $3,000.00. 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 full time observation, as
determined by the City Engineer, of proposed street, sanitary sewer, water and storm
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
Improvements 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 fixther 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 $1,383,410.00
$110,673.00
Legal Services Escrow
1% of $1,383,410.00
$13,834.00
City Administration Fee
1% of $1,383,410.00
$13,834.00
Street Signs
60 at $250.00 per sign
$15,000.00
Street Lights
6 at $500.00 per light
$3,000.00
Sewer Availability Charge
82 lots at $2,3 82. 00 per REC
$195,324.00
Water Availability Charge
82 lots at $1,663.00 per REC
$136,366.00
Transportation Charge
82 units at $1,515 per unit
$124,230.00
Park and Trail Dedication Fee
82 lots x $3,486/lot x 96.2%
$274,990.00
GIS Data Entry Fee
45.6 acres x $ 100 per acre
$4,560.00
Wetland Delineation Review
0 Review at $2,,000.00 per
review
$00.00
TOTAL
$8919811.00
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 $2,059,987.50 said amount calculated as follows:
Site grading, erosion control and wetland protection
$00.00
Sanitary sewer (lateral & trunk)
$272,425.00
Watermain (lateral & trunk)
$337,720.00
Storm Sewer (lateral)
$212,000.00
Streets
$561,265.00
L
$164,000.00
Engineering services
$100,580.00
SUBTOTAL
$1,647,990.0
0
25% additional security
$411,997.00
TOTAL
$2,0599987.5
0
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 December, 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 $236,022.00, which is the amount of warranty
security. A warranty security in the amount of $236,022.00 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 builf '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 shall be paid to the City prior to execution of this
Agreement. I
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 $2,059,987.50.
31. Landscaping. The 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
9
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 one (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 Phase. 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 $236,022.00. The
aniount 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.
10
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 AB and C shall be deeded to the City for
Wetland/ Storm Water Basin and trail 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
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.
I I
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 defauk, 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 environmental 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.
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.
12
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
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.
13
I 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 36 th Avenue N., Suite 600, Plymouth, NIN 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 90'hStreet NE, Otsego, NIN 55330, Attention: City Clerk
14
CITY OF OTSEGO
MO.
HIM
Jessica Stockarnp, Mayor
Tami Loff, City Clerk
DEVELOPER
U.S. HOME CORPORATION D/B/A LENNAR
Film
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