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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 PAGE 2 C:\Users\Tami.OTSEGOWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRDM960J\ot2267.04 RVW1.a.docx 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 PAGE 3 C:\Users\Tam i.OTSEGOWppData\Local\Microsoft\Windows\INetCache\Content. 0ut1ookTRDM960J\ot2267.04 RVW1.a.docx 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. PAGE 4 C:\Users\Tami.OTSEGO\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRDM960J\ot2267.04 RVW1.a.doox 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. PAGE 5 C:\Users\Tami.OTSEGO\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\FRDM960J\ot2267.04 RVW1.a.docx 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 /17 r:VSos\1u51-7111\1115-1.9.zue(5uee5s ave 151st sveec)\cao c5e\surveyVo55_5ez�zue[cn.awg m tZeyEliom /�d No °z�I i.i m � 61 n NA_.0� � z I I o a 0 ❑ O N T -• ❑ N 0 ❑ N rt o o Ort o m N Do µ < N (n z 3 N Ln = N (A o o N o am n o ❑ DCN d �a ❑❑ N a o a v o oN (D N � Il ocl .a so O N j N K KIN"tstr."es'o OTA 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) <� I I w 4r LI �0 0C'4 F- z 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 rc n I 15u':�a0 'y6aSOS�4 J 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 ` . . �-Y-- '`\--\ GRAPHIC SCALE �� 0 '7 c� �� tin ry O UTLOT N16h6'22'W-Z:: \ :" A8.03 `. Environmental Services In 2017 (SCALE IN FEET) NTA_- •SURVEYING 1 INCH = 100 FEETENVIRONMEENGINEERING C N05*37'55'W` N L=20.09 N0575'05'E``:� I 2 R=11'17 `v / / w'O r0 ^y0 py0•� E C.L-2'17' N)y2?7•s+ � 1 % y11 ` g GL=20.00 _�:. 0e• ��� \ a g"thOM1' C.Brg: N74'15'23'E F\agiA `1v ,\ `\� 9 9 7� 11 69 dj ' '(y`. /' \ i'f7. < .� `�`�Is / �a KGV ' I 0-0 a g, 1 44 0 ^R' y , /Ja a4 i4 \ , Noeros'S3•w 0 o / I 'n I 0 8 F,.- ` l i c N v. m 1 ,__,15.95 mm 1 2a.r�,gory�+7i / 1 - N0250'18'W 20.01` 03 is / 1 ''\ mN79.36'05E11,E I f 49.51 �N0430'21'E 3 1, M1, 106119.14 `'a` nm 1 j am _ M1wH' S74�sy49.51 N13b1'OWE HW e , 60 2 1 1 '` 77.25 ' }\ SO Ds'3e•E 1 `\ r 3 \a.{1P o'. y 85.79 �.7g7 S .4 46 E �. i_ / ry` L=42.98 bo M1'�" 3 ``64.00 \ !\`�,\N h5g9 H f�•'Ly N86%9'48•w �i t / R=430.00'. LAS ' \524.4P41'E OUTLOT B '?a ��° k98 6x36 , f „3 n In / =05°43'37" I Drainage 6: Utility Easement ` 50. G. vo,t 1SagJ`Z4J �' Ia`ok• /� S /V 4 1 1�`108.07 (ower an of oaaat e) s J:1�-�� „ �• ^,Y$N O 1 ,1,R oh�t'o _b .3• ,h i O T 111110 m � A3 � j / .70 0crq- O S035848.W 6�.�0� a 70g 1 1 ,e,. 48.7 / '� - .i C�Ay� `�N42.05'45•E r4 a4 't131'4089'�, MJF tS. �, / 'PC�kry A ' 1 Y V �� X754• ^9� � J / —1 .(V .05<N2654•E 3gB � 100 3 F i4Ij `, N76'37370E`, y 1 � (RLS 24552) s39•EN894 3 2•E / 0 C, 1 67.96 26463.012w ZY a ��S ._ ,A1 1,110'58'06'E�'J Z 4 L.L. <� I I w 4r LI �0 0C'4 F- z 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 Jr7ttl L Ur L �n=iz