ITEM 4.1 Harvest RunF
Otsego
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Planning
City Planner Licht 26 February 2018
PRESENTER(s)
REVIEWED BY: ITEM #:
City Planner Licht
City Administrator Flaherty 4.1— Harvest Run
City Engineer Wagner
City Attorney MacArthur
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Harvest final plat and development agreement including vacation of
existing drainage and utility easements.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
Yes
BACKGROUND/JUSTIFICATION:
Capstone Homes, Inc. has submitted application for final plat approval of Harvest Run consisting of 39
single family lots and five outlots to. The City Council approved a preliminary plat and PUD -CUP for the
Harvest Run on 11 December 2017.
■ Zoning. The subject site is zoned, R-5 Residential Single and Two Family District, which allows
single family dwellings as a permitted use.
■ Preliminary Plat Consistency. The preliminary plat for Harvest Run is to be developed in multiple
phases. The final plat consists of 39 single family lots in a configuration consistent with the
preliminary plat. Lots 1-6, Block 2 and Lots 1-2, Block 4 are to be developed as single family villa
homes with homeowners association exterior maintenance. Outlots A and C are established for
future phases of development.
■ Streets. Quenroe Avenue and 61St Street within the proposed final plat are designed with a 60 foot
right-of-way and 28 foot street section with concrete curb and gutter. A five foot wide concrete
sidewalk will be constructed along one side of each public street as required by the Subdivision
Ordinance and Engineering Manual. A temporary cul-de-sac is required at the north terminus of
Quenroe Avenue and east terminus of 61St Street. Signs identifying future extension of the streets
will be posted at the temporary cul-de-sacs. All street construction plans are subject to review and
approval of the City Engineer. The developer will pay a collector street access fee as part of the
development contract for the construction of Queens Avenue.
■ Lot Requirements. Under the PUD -CUP approved with the preliminary plat, single family lots
within Harvest Run are subject minimum requirements shown in the table below. All of the
proposed lots illustrated on the final plat comply with these requirements.
Final Plat
Lot
Lot
Setbacks
Width
Depth
Front
Side
Rear
Queens
Wetland
Ave.
Block 2;
Interior
54ft.
100ft.
25ft. house
7ft.
20ft.
65ft.
40ft.
Lot 1,
30ft.
Corner
75ft.
Block 3;
garage
Lots 1-2,
Block 4
Block 1;
Interior
60ft.
100ft.
25ft. house
7ft.
20ft.
65ft.
40ft.
Lots 3-10,
30ft.
Corner
80ft.
Block 4;
garage
Block 5
Block 6
100ft.
150ft.
35ft.
10ft.
20ft.
65ft.
40ft.
■ Landscaping. The preliminary plat/PUD-CUP approval for Harvest included a landscape plan to
provide for boulevard landscaping along the public streets as well as buffer yard plantings along
Queens Avenue as required by Section 20-16-7.1) of the Zoning Ordinance. The development
agreement includes a security for the installation and warranty for these plantings for the first
phase of development.
Park and Trail Dedication. The Future Parks and Trails System Plan included in the 2012
Comprehensive Plan does not designate any area within the area of the preliminary plat for
additional park land acquisition. Park and trail dedication requirements for the final plat
established by Section 21-7-18 of the Subdivision Ordinance will be satisfied by payment of a cash
fee in lieu of land, which is included in the development agreement. The developer will be
responsible for construction of a 10 foot wide trail through Outlot B to be maintained by the single
family villa homeowners association as shown on the preliminary plat at the time Outlot A is final
platted for development. The single family villa homeowner association will also be responsible for
maintenance of the sidewalk adjacent to 61St Street abutting Outlot B.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each single
family lot and Outlots B, D, and E as required by Section 21-7-15.A of the Subdivision Ordinance.
All proposed drainage and utility easements on the final plat are subject to approval of the City
Engineer. Consideration of the final plat includes a public hearing to for vacation of existing
drainage and utility easements dedicated within the subject site. The proposed drainage and utility
easements to be dedicated with the final plat will supersede existing drainage and utility
easements and make it such that the existing easements no longer serve a public purpose.
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 required to pay a Stormwater Impact Charge for Otsego Creek at the
time of final plat approval with the development contract.
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. The developer is required to pay Utility
Availability charges at the time of final plat approval as outlined in the development agreement.
The developer must also pay the City for the installation of the trunk water main within the subject
site, which provides lateral benefit for connection of lots within Blocks 1, 4, 5 and 6. Utility
connection charges are to be paid when a building permit is issued for each lot in accordance with
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 corners of
intersecting local streets and at the trail corridor access on Quenroe Avenue. A Type II light will be
installed at intersection of Queens Avenue and 61" Street. The development contract will provide
for payment of the street light operation fee of as established by the City Code.
■ Outlots. The proposed final plat includes five outlots as shown below and the intended purpose of
each as required by Section 21-7-41 and Section 21-7-15.D of the Subdivision Ordinance. The
developer will deed Outlots E and F to the City with this final plat. Outlots B and D will be deeded
to the City at such time as Outlots A and C are final platted.
Outlot Purpose
Ownership
A, C Future phases
Developer
B Wetlands/stormwater/HOA trail
City
D, E, F Wetands/stormwater basins
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:
• Site location map
• Engineering Review dated February 22, 2018
• Resolution 2018-20 vacating existing drainage and utility easements
• Findings of Fact and Decision
• Resolution 2018-21 approving a development agreement
• Development Agreement
• Final Plat
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2018-20 vacating existing drainage and utility easements, approve the Harvest
Run Final Plat subject to the conditions as outlined in the Findings of Fact and Decision as presented, and
adopt Resolution 2018-21 approving a Development Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
�Hal<anson
Anderson
Submitted to
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Honorable Mayor and City Council
Review No. 1
cc: Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Steve Bona, Capstone Harvest Run, LLC
Heather Lorch, Capstone Harvest Run, LLC.
Brian Krystofiak, P.E., Carlson McCain
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: February 16, 2018
Proposed Development: Harvest Run 1St Addition
Location
Of Property: A portion of the S Y2 of Section 35, T121, R23 East of Queens Ave
Applicant: Steve Bona, Capstone, Vice President of Lan Development
Developer: Capstone
14015 Sunfish Lak Blvd NW
Ramsey MN 55303
Owners of Record: LTH Three LLC
Purpose: Harvest Run 1 st Addition is a proposed 40 lot single family
residential development within the approved preliminary plat of
the "Harvest Run" 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
STREET PLAN
SANITARY SEWER AND WATERMAIN PLAN
STORM SEWER PLANS
EROSION CONTROL PLANS
CONSTRUCTION DETAILS
STORM SEWER DESIGN/HYDROLOGY
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Grading, Development & Erosion Control Plans for Harvest Run 1St Addition, dated 1/19/18, by
Carlson McCain
Construction and Grading Plans for Harvest Run 1st Addition, dated 1/19/18, by Carlson
McCain
Final Plat for Harvest Run 1st Addition, dated 1/19/18, by Carlson McCain
Storm Sewer Design Calculations for Harvest Run 1St Addition dated 10/21/17, by Carlson
McCain
Storm Water Management Plan for Harvest Run, dated 11/3/17, by Carlson McCain
Storm Water Management Plan for Duke Development/Queens Ave Area, revised 10/3/2017, by
Hakanson Anderson
Geotechnical Report for Harvest Run, dated 11/1/17, by Haugo Geotechnical Services
Wetland Permit Application for Harvest Run, dated April 2017, by Kjolhaug
Specifications for Harvest Run 1St Addition, dated January 1, 2018 by Carlson McCain
Additional Information
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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FINAL PLAT
1. Outlots B, E and F as well as Outlot D should all be dedicated to the City.
r
2. Outlots F does not appear to be large enough to incorporate the 20' wetland buffer within.
3. The County Surveyor will check that the plat meets all minimum state statute
4. requirements prior to the preparation of mylars.
GRADING, DEVELOPMENT & EROSION CONTROL PLANS
Cover Sheet (Sheet 1 )
5. Final Plat is titled Harvest Run but plans sheets are titled Harvest Run 1" Addition
6. Outlined area should be changed to include all of Block 3 Lot 1
Index (Sheet
7. Outlots labeling does not conform to cover sheet or final plat.
Grading, Development, and Erosion Control Plan (Sheets 3-5)
8. Retaining walls over 4' require fencing. Currently there are retaining walls that exceed
that height in Block 1, Outlot A, and Outlot C.
9. Retaining walls over 4' require professional engineer to sign a design sheet for the
construction of the wall.
10. Show length of wetland edge and area of wetland buffer provided to verify 20' average
width of wetland buffer.
Details (Sheet 6-8)
11. No comments.
SANITARY SEWER, WATER MAIN, STORM SEWER AND STREET
CONSTRUCTION PLANS
Cover Sheet (Sheet 1)
12. No comments.
Index(Sheet 2)
13. No comments.
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Sanitary Sewer & Water Main (Sheet 3-5)
14. All connections to existing 61St St 12" water main shall be wet taps. A note to that effect
must be added. A note warning the contractor that the 61 St St water main is to remain
"live" throughout development construction.
15. Provide insulation between storm sewer and sanitary sewer and/or water main at bike
path wetland crossing in Outlot B, Station 5+30 Quenroe Ave, Station 4+50 Quenroe
Ave, Station 6+20 61St St, Station 8+30 61St St, Station 11+20 61St St, Station 17+90 61St
St.
16. Stationing shall be shown on profile.
Storm Sewer (Sheet 6-8)
17. Show insulation between storm and water main and/or sanitary sewer.
18. Stationing shall be shown on profile.
Street (Sheet 9-10)
19. No comments.
Signage and Strinina Plan (Sheet 11
20. 21 wetland buffer signs add as per attached markup.
21. No outlet sign added to both 61St St/Queens Ave location and 61St St/ Quenroe Ave
location.
22. Standard Plate 808 shows required signage for ends of both temporary cul-de-sacs.
Trail Construction (Sheet 12)
23. Trail profile shall indicate 20 mph vertical curves at grade inflection points while
maintaining emergency overflow elevation.
24. Note trail typical detail section as per standard plate 707.
Details (Sheet 13-15)
25. No comments.
OTHER CONSIDERATIONS
26. Statement certifying the environment condition of the site including the presence of any
hazardous substance as defined in MN Statutes 115Bj.02, Subd. 8 is required.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comments being addressed.
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RESOLUTION NO.: 2018 - 20
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS.
WHEREAS, easements were dedicated for public drainage and utility purposes
as described by Exhibit A; and,
WHEREAS, Capstone Homes, Inc. has received approval to final plat Harvest
Run; and,
WHEREAS, the final plat of Harvest Run includes dedication of drainage and
utility easements required by Section 21-7-15 of the Subdivision Ordinance; and,
WHEREAS, the dedication of drainage and utility easements with the final plat of
Harvest Run supersede and make unnecessary those easements described by Exhibit
A; and,
WHEREAS, Capstone Homes, Inc. has applied for vacation of the temporary
drainage and utility easement dedicated; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 26
February 2018 to consider the vacation, preceded by required published and mailed
legal notice; and,
WHEREAS, the City Council heard all parties interested therein and closed the
public hearing; and,
WHEREAS, the drainage and utility easements described by Exhibit A serve no
useful public purpose; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating a portion of the
existing right-of-way as shown on Exhibit A would be in the public interest; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
That the drainage and utility easements located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A are hereby vacated.
2. The City Council hereby determines that the vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
MOTION BY:
6*1X0101kiICI-Ys
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 26th day of
February, 2018.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
2
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FINDINGS OF FACT AND DECISION
15 February 2018
APPLICANT: Capstone Homes, Inc.
APPLICATION: Request for approval of a final plat to be known as Harvest Run.
CITY COUNCIL MEETING: 26 February 2018
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 subject site is guided by the Comprehensive Plan for low density residential uses within
the East Sewer District.
C. The subject site is zoned R-5, Single and Two Family Residential District.
D. The City Council approved application for preliminary plat and PUD -CUP on 11 December
2017.
E. The applicant is proposing a final plat of 39 single family lots.
F. The Request for Council Action dated 26 February 2018 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated February 22, 2018 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. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land
as provided for by the Development Agreement.
3. Maintenance as required by the City Code for the sidewalk adjacent to 61St Street abutting
Outlot B shall be the responsibility of the single family villa homeowners association.
1
4. All construction plans for sanitary sewer, water main, storm sewer, and streets shall be
subject to review and approval by the City Engineer.
5. The applicant shall pay applicable utility fees as follows:
a. Sewer and water availability charges upon approval of the final plat;
b. Reimburse the City for the installation of the trunk water main within the subject site,
which provides lateral benefit for connection of lots within Blocks 1, 4, 5, and 6.
C. Sewer and water connection charges at the time a building permit is issued for each
lot based on the current fee schedule in effect at that time.
6. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
7. 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.
8. Outlots E and F as shown on the submitted final plat shall be deeded to the City.
9. The lots within the final plat shall comply with the following minimum lot requirements:
Final Plat
Lot
Lot
Setbacks
Width
Depth
Front
Side
Rear
Queens
Wetland
Ave.
Block 2;
Interior
54ft.
100ft.
25ft. house
7ft.
20ft.
65ft.
40ft.
Lot 1,
30ft.
Corner
75ft.
Block 3;
garage
Lots 1-2,
Block 4
Block 1;
Interior
60ft.
100ft.
25ft. house
7ft.
20ft.
65ft.
40ft.
Lots 3-10,
30ft.
Corner
80ft.
Block 4;
garage
Block 5
Block 6
100ft.
150ft.
35ft.
1 Oft.
20ft.
65ft.
40ft.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 26th day of February, 2018.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
2
Attest:
Tami Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-21
RESOLUTION APPROVING DEVELOPERS AGREEMENT- HARVEST
RUN
WHEREAS, Capstone Harvest Run, LLC has an approved Plat known as
HARVEST RLTN; and
WHEREAS, the approved Plat requires construction of 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
Capstone Harvest Run, LLC is hereby approved in form, subject to
modification of fees, charges and security as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the final
Developers Agreement on behalf of the City of Otsego.
ADOPTED this 26th day of February, 2018 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
DEVELOPMENT AGREEMENT
HARVEST RUN
AGREEMENT entered into this day of March, 2018 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and Capstone Harvest Run, LLC., a limited liability company under the laws of
the State of Minnesota ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled HARVEST RUN. The legal description of the
property covered by this Agreement is as follows:
OUTLOT D, GATEWAY NORTH according to the Plat on file and of record
at the Office of the County Recorder, Wright County, Minnesota.
The Plat contains forty (40) 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 December 11, 2017.
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.
1
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 forty (40) lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. HARVEST RUN 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 HARVEST RUN 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, HARVEST RUN prepared by Carlson McCain.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Carlson
McCain and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
HARVEST RUN, as prepared by Carlson McCain and as finally
approved by the City Engineer.
Plan D Landscape Plan for HARVEST RUN, prepared by Carlson McCain,
and as finally approved by the City Zoning Administrator.
2
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
I. 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
"as 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
3
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 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 on streets shall be installed between August 15th and
October 15th the first summer after the base layer of asphalt has been in place one freeze
thaw cycle. The Developer may request an extension of time from the City to be submitted
in writing to the City Clerk, for which said extension shall be conditioned upon updating the
security posted by Developer to reflect cost increases and the extended completion date.
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
4
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 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 corners 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.
s
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.
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 $12,627.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 40 RECs at $2,480.00 per REC = $99,200.00.
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: 41 RECs at $1,731.00 per REC = $70,971.00
plus a Trunk Credit (payment to City) for previous oversizing of $68,940.00= $139,911.00.
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 40
units at $4,057.00 per unit = $162,280.00.
25. Storm Water Management Fee. The Trunk Storm Water Fee for the Plat is
0 Gross Acres at $2,406.00 per Gross Acre = $00.00.
26. Transportation Infrastructure Cost. The collector street access fee for this
Plat is as follows: 40 lots x $1,869.00 per lot = $74,760.00.
6
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $9,500.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs and wetland signs). The said amount was calculated as follows:
38 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: 4 lights x $500.00, per light for a total payment of $2,000.00 . 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 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 $ $1,262,700.00
$101,016.00
Legal Services Escrow
1% of $1,262,700.00
$12,627.00
City Administration Fee
1% of $1,262,700.00
$12,627.00
Street Signs
38 at $250.00 per sign
$9,500.00
Street Lights
4 at $500.00 per light
$2,000.00
Sewer Availability Charge
40 lots at $2,480.00 per REC
$99,200.00
Water Availability Charge
41 RECs at $1,731.00 per REC
plus $68,940.00 payment
$139,911.00
Stormwater Impact Charge
0 acres x $2,310 per acre
$00.00
Transportation Charge
40 units at $1,869.00 per unit
$74,760.00
Park and Trail Dedication Fee
40 lots x $4,057.00/lot
$162,280.00
GIS Data Entry Fee
24.5 acres x $100 per acre
$2,450.00
TOTAL
$616,371.00
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 $1,876,750.00 said amount calculated as follows:
Site grading, erosion control and wetland protection
$73,500.00
Sanitary sewer (lateral & trunk)
$429,765.00
Watermain (lateral & trunk)
$196,225.00
Storm Sewer (lateral)
$250,000.00
Streets
$376,110.00
Landscaping
$88,000.00
Engineering services
$87,800.00
SUBTOTAL
$1,501,400.0
0
25% additional security
$375,350.00
s
TOTAL $1,876,750.0
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 31, 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 $202,024.00, which is the amount of warranty
security. A warranty security in the amount of $202,024.00 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 shall 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 $1,876,750.00.
9
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
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 $202,024.00. The
amount, has been determined by the City Engineer, and is based upon the costs of the raw
10
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: 1. The sidewalk adjacent to 61St Street and abutting
Outlot B shall be maintained by the single family villa homeowner's association. The
covenants of the association shall contain language acceptable to the City setting forth the
association's ongoing responsibility for the sidewalk including regular maintenance, repair,
replacement and snow and ice removal. 2. Outlots A and C will be retained by the
Developer for future phases. 3. Outlots B, D and E shall be conveyed to the City for
wetland and storm water basin 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.
ii
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.
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 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.
12
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.
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.
I. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy,
13
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.
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: Capstone
Homes, Inc., 14015 Sunfish Lake Blvd. NW, Suite 400, Ramsey, MN 55303. 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, MN 55330, Attention:
City Clerk
14
CITY OF OTSEGO
IC •
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
CAPSTONE HARVEST RUN LLC
Stephen A. Bona, Vice President of Land
Development
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2018, 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
2018 by Stephen A. Bona the Vice President of Land Development for
Capstone Harvest Run, LLC, a Minnesota Limited Liability Company with authority and on
behalf of the company.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
IN
Notary Public
KNOW ALL PERSONS BY THESE PRESENTS: That Capstone Harvest Run, LLC, a Minnesota limited liability company, owner
of the following described property situated in the County of Wright, State of Minnesota, to wit:
Outlot D, GATEWAY NORTH, according to the recorded plat thereof, Wright County, Minnesota,
Has caused the some to be surveyed and platted as HARVEST RUN and does hereby dedicate to the public for public use
the public ways and the drainage and utility easements as created by this plat.
In witness whereof said Capstone Harvest Run, LLC, a Minnesota limited liability company, has caused these presents to be
signed by its proper partner this day of 20_
CAPSTONE HARVEST RUN, LLC
Stephen A. Bona, Vice President of Land Development
STATE OF
COUNTY OF
This instrument was acknowledged before me this day of 20_ by Stephen A.
Bona, Vice President of Land Development of Capstone Harvest Run, LLC, a Minnesota limited liability company.
Signature
Printed Name
Notary Public, County,
My commission expires
I, Thomas R. Balluff, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly
Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey, that all
mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will
be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd.
3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this day of . 20
Thomas R. Balluff, Licensed Land Surveyor
Minnesota License No. 40361
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyor's Certificate was acknowledged before me this day of 20—
by Thomas R. Balluff, Land Surveyor, Minnesota License No. 40361.
Signature
Printed Name
Notary Public, County,
My commission expires
CITY COUNCIL, CITY OF OTSEGO, MINNESOTA
This plat of HARVEST RUN was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular
meeting thereof held this day of 20_ and said plat is in compliance with the
provisions of Minnesota Statutes, Section 505.03, Subdivision 2.
By. By.
Mayor Clerk
WRIGHT COUNTY SURVEYOR
I hereby certify that In accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed
and approved this day of 20—
HARVEST RUN
line of OuOot D. GATEWAY NORTH
(RLS 21729)
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Wright County Surveyor I
J
WRIGHT COUNTY HIGHWAY ENGINEER
This plat was reviewed and recommended for approval this day of 20_
Wright County Engineer
WRIGHT COUNTY AUDITOR/TREASURER
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_ on the land hereinbefore described have
been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day
of 20_
Wright County Auditor/Treasurer
WRIGHT COUNTY RECORDER
I hereby certify that this instrument was filed in the office of the County Recorder for record on this day of
20_ at o'clock _M. and was duly recorded in Cabinet No. . Sleeve
as Document No.
Wright County Recorder
100
(RLS 24552)
D0`s_4040 w
--South Quarter comer of Section
35, Township 121, Range 23
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City of Otsega, tttfght County, MN
Section 35, Township 121 N. Range 23 W
S89°4312°W
:South line of Outlot D, GATEWAY NORTH
(®)N
Denotes Wright County C-1, Iran Monument
Bast. of Bearings: The North Iine
9
of GATEWAY NORTH, Ia
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Denotes 5/e Inch 14 Inch Rebar, set or to
51 minutes 33 xconds East.
be set within one year of of this
year
plat and marked with licensese number 40361
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Wright County Surveyor I
J
WRIGHT COUNTY HIGHWAY ENGINEER
This plat was reviewed and recommended for approval this day of 20_
Wright County Engineer
WRIGHT COUNTY AUDITOR/TREASURER
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_ on the land hereinbefore described have
been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day
of 20_
Wright County Auditor/Treasurer
WRIGHT COUNTY RECORDER
I hereby certify that this instrument was filed in the office of the County Recorder for record on this day of
20_ at o'clock _M. and was duly recorded in Cabinet No. . Sleeve
as Document No.
Wright County Recorder
100
(RLS 24552)
D0`s_4040 w
--South Quarter comer of Section
35, Township 121, Range 23
IA/ / 1i n AI 1 1 I I 1
VV V r\ ._- V IV rT I L_ L_ .-
VICINITY MAP
i N
ON _ „_ t4E ,IK
e a S1: .14lI
City of Otsega, tttfght County, MN
Section 35, Township 121 N. Range 23 W
S89°4312°W
:South line of Outlot D, GATEWAY NORTH
(®)N
Denotes Wright County C-1, Iran Monument
Bast. of Bearings: The North Iine
9
of GATEWAY NORTH, Ia
umed too bear North 69 degrees
assumed
p
Denotes 5/e Inch 14 Inch Rebar, set or to
51 minutes 33 xconds East.
be set within one year of of this
year
plat and marked with licensese number 40361
Carlson
GRAPHIC SCALE
��
0
'7
Denotes Found Iron Monument
K)ahaug
D so 100 zoo
McCain
L �I
Environmental Services In 2017
(SCALE IN FEET)
NTA_- •SURVEYING
1 INCH = 100 FEETENVIRONMEENGINEERING
HARVEST RUN
INSET A
(� Carlson
McCain
ENVIRONMENTAL • ENGINEERING • SURVEYING
DRAINAGE AND UTILITY
EASEMENTS ARE SHOWN THUS:
(NO SCALE)
I I
II
II
II
i - 1-5 i
being 5 feet In wldth, and adjoining side lot Ilnes,
and 10 feet in width and adjoining right of way
lines and rear lot lines unless otherwise shown on
this plat
V 11;11N 11 Y N1AY
(NO SCALE)
N
I �^ 1iz iii ✓'r
I s:•H I
L_ _J
City of Otsego. Wright County, MN
Section 35, Township 121 N. Range 23 W
N Basis of Bearings: The North line of
Denotes 5/8 inch by 14 inch Rebar, sat too tbeerDNorthh GATEWAY9 degrees 51 minutes
O or to be set within "year of recording 33 seconds East
of this plat and marked With license
number 40361
GRAPHIC SCALE
• Denotes Found Iran Monument 0 30 60 120
().notes Delineated Wetland, by Kjolhaug (SCALE IN FEET)
Environmental Services in 2017 1 INCH a 60 FEET
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