ITEM 4.1 Windsong 3rd AdditionF
Otsezo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
29 May 2018
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
4.1— Windsong 3`d Add.
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
dwellings.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
No
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
X
Is a social community with diverse housing, service options, and employment opportunities.
Addition. The subject site is located west of CSAH 19 and north of 70th Street and is part of the Kittredge
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a final plat and development agreement for 17 single family villa
dwellings.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION :
Windsong II, LLC (Homes Plus, Inc.) has submitted application for final plat approval of 17 single family villa
dwellings, three common base lots and, one outlot for a future phase to be known as Windsong 3`d
Addition. The subject site is located west of CSAH 19 and north of 70th Street and is part of the Kittredge
Crossings PUD District. The City Council approved the preliminary plat and PUD Development Stage Plan
for Windsong II on 13 June 2016.
■ Preliminary Plat Consistency. The final plat provides for platting 17 unit lots on the north and
south sides of 74th Street, which is to be extended from its current terminus within Windsong 2nd
Addition. The proposed final plat is consistent with the design for this area of the approved
preliminary plat.
■ Zoning. The subject site is zoned, PUD Planned Unit Development District. The allowed uses and
performance standards are based on the requirements of the R-6 Residential Medium Density
District, which allows detached townhouse dwellings as a permitted use.
■ Lot Requirements. The PUD Development Stage Plan establishes the following minimum
requirements shown below. The proposed final plat complies with these requirements.
Local or
Between
Minor
Side
Rear
Bldgs. on
Wetland
Collector Street
Base Lot
30 ft.
10ft.
20ft.
14ft.
20ft.
■ Landscaping. The PUD Development Stage Plan included a landscape plan to provide for
boulevard landscaping along the public streets as well as interior yard plantings. The developer will
be required to install this landscaping as a condition of final plat approval. The development
agreement will require the developer to provide a security for installation of the landscaping.
Access/Streets. The proposed final plat is accessed via extension of 74th Street as approved with
the initial Windsong preliminary plat. The construction plans for the proposed street are subject to
review and approval of the City Engineer. A temporary cul-de-sac and sign indicating future
extension of the street will be required at the west end of the street extension. The developer will
pay a collector street access fee for the 17 unit lots included on the proposed final plat with the
development agreement. A sign identifying a future street extension to the south of 74th Street
between Blocks 2 and 3 is also required. Street lighting will be installed as required by Section 6-
8-4 of the City Code and the developer will provide for payment of a street light operation fee with
the development agreement.
Park and Trail Dedication. The 2012 Comprehensive Plan does not identify acquisition of
additional property for park use from the area of the Windsong preliminary plat. Park and trail
dedication requirements for the proposed final plat are to be satisfied as a cash fee in lieu of land.
The development agreement includes payment of the required park dedication fee in accordance
with the Subdivision Ordinance and the City's current fee schedule.
■ 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 execution of the development agreement.
Utilities. The developer has submitted construction plans for sewer, water, and storm sewer 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 for sewer and water utilities at the time
of final plat approval for the dwelling units shown on the proposed final plat. Utility Connection
charges for sewer and water utilities will be paid at the time a building permit is issued for each
dwelling unit.
Easements. The final plat illustrates drainage and utility easements over all of Lot 12, Block 1, Lot
6, Block 2, and Lot 2, Block 3, which are platted as common base lots between the single family villa
dwellings. All easements are subject to review and approval of the City Engineer.
Outlots. The proposed final plat includes Outlot A that will be retained by the developer and is
intended for future phases of the preliminary plat.
Homeowners Association. The developer has previously submitted documents establishing a
homeowners association for the proposed final plat. The HOA will provide for ownership and
maintenance of the common base lots and regulation of the development. The proposed single
family villa lot will be included within the HOA and the HOA will assume ownership of Lot 12, Block
1; Lot 6, Block 2; and Lot 2, Block 3. All HOA documents are subject to review and approval of the
City Attorney.
■ 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.
I SUPPORTING DOCUMENTS ATTACHED: I
■ Engineering Review dated May 23, 2018
■ Findings of Fact and Decision
■ Resolution 2018-38 approving a development agreement
■ Development agreement
■ Final plat
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the Windsong 3`d Addition Final Plat, subject to the conditions outlined in the Findings
of Fact and Decision as presented, and adopt Resolution 2018-38 approving a development agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
Review No. 1
I-HCU%mison
IIIAnderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Tim Flynn, Windsong II, LLC
Marty Campion, Campion Engineering Services, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Cody Sylvester, E.I.T.
Date: May 23, 2018
Proposed
Development: Windsong 3rd Addition
Street Location A portion of the SW %a of S26, T121, R24.
of Property: West of Kittredge Crossings between 74th Street and Kittredge
Parkway.
Applicant: Tim Flynn
Developer: Windsong II, LLC
5730 Quam Avenue
St. Michael, MN 55376
Owners of Record: Windsong II, LLC
Purpose: Windsong 3rd Addition is a proposed 17 lot single-family
residential development on 4.5± acres within the approved
preliminary plat of Windsong Addition 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 Natural Resources, BWSR, and
(but not limited to) Minnesota Pollution Control Agency (independent sewer systems)
TABLE OF CONTENTS
INFORMATION AVAILABLE
FINAL PLAT
CONSTRUCTION PLANS
COVER SHEET
CERTIFICATE OF TOPOGRAPHIC SURVEY
SANITARY SEWER AND WATERMAIN
STREET AND STORM SEWER
STORM WATER POLLUTION PREVENTION PLAN
DETAILS
GRADING PLAN
WETLANDS
STORM SEWER DESIGN AND STORMWATER MANAGEMENT
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Construction Plans for Windsong 3`d Addition, dated 5/7/18, by Campion Engineering Services,
Inc.
Development Plan for Windsong 3`d Addition, dated 5/7/18, by Campion Engineering Services,
Inc.
Final Plat for Windsong 3`d Addition, received 5/3/18, by Wenck Associates.
Grading Plan for Windsong 3`d Addition, dated 5/7/18, by Campion Engineering Services, Inc.
Storm Water Management Plan for Windsong II, dated 5/2/18, by Civil Methods, Inc.
Storm Sewer Design for Windsong 3`d Addition, dated 5/1/18, by Campion Engineering
Services, Inc.
Geotechnical Report for Windsong II, 4/28/16, by Haugo Geotechnical Services.
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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FINAL PLAT
1. The storm water basins shall be completely contained (up to the 100 -yr HWL) within
Outlots deeded to the City. This included the proposed pond to the north of the project
boundaries.
2. A separate document (covenants and restrictions) covering all the Wetland buffers - "no
mow zones" shall be filed or the buffers shall be included within Outlots deeded to the
City.
3. A temporary easement shall be provided via separate document around the temporary
cul-de-sac at the west end of 74th Street.
CONSTRUCTION PLANS
Cover Sheet
1. Benchmark(s) with elevations shall be provided. The NGVD 1929 datum has been used to
construct adjacent development(s) and is the datum used for all City projects and all the as -
built elevations for the existing on and off-site utilities. The benchmarks listed throughout
the plans appear to be NAVD 1988 datum. We recommend changing the datums or at least
provide an equation relating these two datums.
Certificate and Topographic Surygy
No comments.
Overall Plan
2. A larger scale overall drawing would be more helpful. The current scale of the overall
drawing does not provide much helpful information.
3. It shall be verified that all setbacks are being met. We recommend showing the setbacks
in the construction/grading plans. A principal building setback of forty (40) feet from the
delineated edge of all wetlands or twenty (20) feet from the edge of a buffer easement,
whichever is greater, shall be provided.
Sanitary Sewer and Watermain
4. The existing trunk sanitary sewer invert elevations do not agree with the City as -built
elevations. This may be due to the different datums being used.
5. Some of the risers appear to be too tall to provide required bury at the property line.
Sanitary sewer services shall have inverts 10' from finished ground elevation at the
property lines. (also, the 6' riser is shown too tall in the profile to Lot 1, Block 2)
6. Verify there a minimum of 24" of vertical separation is being provided between the water
service and storm sewer to Lot 5, Block 2. Provide a storm sewer invert at this crossing.
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7. The water services to Lots 10 & 11, Block 1 are on the wrong side of the sanitary
services.
8. The pipe grade from EX MH 4 and MH 3 does not match the invert elevations. The
grade should be 1.35% based on the inverts.
9. Sheet 4, the note in the profile at MH 3 "see sheet 6" should be "see sheet 5".
10. A 60' wide temporary easement over the existing trunk sanitary sewer was obtained from
the previous property owner from the end of the existing 74th Street to Kadler Avenue. It
appears that this easement may not have been recorded prior to the previous owner giving
the land back to the current owner. Therefore it may not be possible to make the
connection to EX -MH 5 approximately 30' west of the end of the proposed 74th Street
until this easement can be cleared up. An alternate design has been discussed with the
Developer's engineer to possibly eliminate the immediate need for this easement.
11. Sheet 4, there appears to be conflicts with the watermain and sanitary sewer services to
Lots 10 & 11 Block 1 and Lot 6, Block 1. A minimum of 18" vertical separation is
required at these crossings. Provide inverts for the sanitary service at these crossings.
12. Sheet 4, provide inverts for the sanitary service and storm sewer at the crossings for Lot
5, Block 2. 4" of insulation is required if the separation is less that 24" (12" minimum is
required).
13. Label the length of watermain in the 74th Street and Kahl Circle profiles.
14. A 0.1' drop shall be needed across sanitary manhole #3 (sheets 4 and 5).
15. Sheet 5, profile shall be labeled as Kahl Circle.
16. Sheet 5, sanitary manhole 3 should be referencing sheet 4 for 74th Street profile, not sheet
3.
17. Sheet 5, show the storm sewer crossing just south of MH 3 in the profile. Provide the
invert elevation and top of watermain pipe at this crossing.
Street and Storm Sewer
18. All storm water basins shall have the NWL, 2yr, I Oyr, and 100yr HWLs labeled.
19. Articulated Block (Concrete -Cable Mat) shall be provided at all flared end outlets.
20. Provide a profile for OCS 1.
21. See comment #17.
22. The profile appears to show filling above existing ground west of the Windsong Yd
Addition property line. This will not be allowed without written agreement from the
adjacent property owner. If this is not allowed the street profile will most likely need to
be lowered.
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23. Sheet 7, label the end of construction in the profile.
24. Provide details for pedestrian ramps. Details should call out spot elevations to meet
ADA requirements.
Storm Water Pollution Prevention Plan
25. No comments.
Details
26. It does not appear that OCS 2 is to be constructed with this addition. Please remove this
detail to avoid any confusion or show OCS 2 in a plan and profile in the plans if it is to be
constructed at this time.
27. The City of Otsego has revised Standard Plates as of March 2018. Please provide these
revised plates.
GRADING PLAN
28. Provide an approval signature line for Ronald Wagner, City Engineer.
29. The grading plan shows a 3' difference from the FES 2 invert elevation.
30. Please provide a line for the 3`d Addition limits.
31. Provide a NWL and 100 -yr HWL elevation for all wetlands.
32. Water will be trapped in the street subgrade and the end of Kahl Circle stub street. We
recommend providing a temporary swale/pipe to drain this water.
WETLANDS
33. Previously reviewed and approved with Is'Addition.
STORM SEWER DESIGN AND STORMWATER MANAGEMENT
34. No comments on the storm sewer design calculations.
35. Provide street and inlet spread calculations. No more that 2/3 of the drive lane shall be
inundated. Only calculations for the CB's along Kahl Circle are necessary.
36. The Stormwater Management Plan appears to meet the MPCA requirement but admits
that not all of the City of Otsego requirements are being met. The report provides
adequate justification for not meeting all requirements 100%.
37. The City of Otsego has revised Engineering Manual of March 2018. Please refer to this
new revision for the provide these revised plates.
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38. The model for the 2.5" NURP events should be revised so the ponds do not have a
starting elevation. This should result in the ponds having no discharge.
39. The report refers to many of the wetlands as "incidental". I believe that it was
determined that these wetlands are not incidental and must be protected. Lowering
Wetland 1 W's HWL may not be allowed. This must be confirmed.
40. The report states that due to restrictive soils and groundwater within 3' of the ponds
NWL infiltration is not allowed.
41. With regards to the Rate Control; the report states "The City requires stormwater
discharge rates from the site be maintained for the 2 -year and 100 -year rainfiall events".
This is incorrect. The City requires that the post -construction rate is equal or less than of
the pre -construction rates. It appears that this is being met for all events and discharge
locations except Node R2 2 -year and 10 -year events. But because RI and R2 discharge to
the same location (creek to the north) and the combine post -development discharge rates
are less than pre -development, it is acceptable. However, the ability for existing
Kittredge Crossing storm sewer pipe to handle the increased discharge must be verified
with storm design calculations.
OTHER CONSIDERATIONS
42. A separate development tabulation shall also be provided to go along with the
Development plan.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comment being addressed.
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0
-'
N.INNIGOTA
FINDINGS OF FACT AND DECISION
17 May 2018
APPLICANT: Windsong II, LLC
APPLICATION: Request for approval of a final plat for 18 detached townhomes to be known as
Windsong.
CITY COUNCIL MEETING: 8 August 2016
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 Outlot A, Windsong 2nd Addition, City of Otsego,
County of Wright, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for medium/high density residential
land uses within the West Sewer District.
C. The subject site is zoned PUD, Planned Unit Development District.
D. The City Council approved a preliminary plat and PUD Development Stage Plan for the
subject site on 13 June 2016 for development of 59 detached townhome dwelling units; the
developer is proposing phased construction of the subdivision with the final plat including 17
single family villa lots, three common base lots, and one outlot.
E. The Request for Council Action dated 29 May 2018 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
F. The Engineering Review dated 23 May 2018 prepared by the City Engineer, Hakanson
Anderson, Inc. is incorporated herein.
G. The application for final plat approval is processed in accordance with Section 21-3-3 of the
Subdivision Ordinance.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
The applicant shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City Council.
2. The setbacks applicable to the final plat shall be as shown below except as identified on the
approved PUD Development Stage Plan:
Local or
Between
Minor
Side
Rear
Bldgs.
Wetland
Collector
on Base
Street
Lot
30 ft.
loft.
20ft.
14ft.
20ft.
3. The developer shall pay a collector street access fee upon approval of the final plat as set
forth in the development agreement.
4. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of
land as set forth in the development agreement.
5. All grading, drainage, and erosion control plans are subject to review and approval by the
City Engineer.
6. The applicant shall pay applicable utility availability charges upon approval of the final plat;
utility connection charges shall be paid at the time a building permit is issued for each lot
based on the current fee in effect at that time.
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. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject
to review and approval by the City Engineer.
9. All drainage and utility easements are subject to review and approval of the City Engineer.
10. Documents incorporating the proposed lots into the homeowners association and conveying
Lot 12, Block 1; Lot 6, Block 2; and Lot 2, Block 3 to the homeowners association shall be
submitted and are subject to review and approval of the City Attorney.
11. Plantings shall be installed within the area of the final plat in accordance with the landscape
plan approved with the PUD Development Stage Plan; the developer shall provide a security
for installation of the landscape plan upon execution of the development agreement.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 29th day of May, 2018.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
2
Attest:
Tami Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-38
RESOLUTION APPROVING DEVELOPERS AGREEMENT-
WINDSONG THIRD ADDITION
WHEREAS, Windsong II, LLC has requested and received approval of a Plat
known as WINDSONG THIRD ADDITION; 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
Windsong II, 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 29th day of May, 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
WINDSONG THIRD ADDITION
AGREEMENT entered into this day of June, 2018 between the City of Otsego
("City"), a municipal corporation organized under the laws of the State of Minnesota, and
Windsong II, 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 WINDSONG THIRD ADDITION. The legal
description of the property covered by this Agreement is as follows:
OUTLOT A, WINDSONG SECOND ADDITION according to the Plat on file and
of record at the Office of the County Recorder, Wright County, Minnesota
The Plat contains seventeen (17) single family detached townhome dwelling units and one
outlot. The plat is located within the City's West Sewer District, is zoned PUD, Planned
Unit Development District as approved by Ordinance adopted by the City Council on May
12, 2003 and April 24, 2017, 2016. The Final Plat for WINDSONG was approved by the
City Council on August 8, 2016.
2. Conditions of Plat Approval. The City hereby approves the Plat on
condition that the Developer enter into this Agreement, furnish the security required by it,
and record the Agreement with the Wright County Recorder or Registrar of titles within
one hundred (100) days after the City Council approves the Agreement. The Developer
shall cooperate with the City in recording the Agreement and all required additional deeds
and documents and providing assurance that the Agreement and all required documents
have been properly and timely recorded.
I
3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise
disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets,
utilities, public or private improvements, or any buildings or structures until all the
following conditions have been satisfied: 1) this Agreement has been fully executed by
both parties and filed with the City Clerk, and all conditions contained in the Agreement
have been met, 2) the necessary security has been received by the City, 3) this Agreement
has been recorded with the Wright County Recorder's Office, 4) The Developer has
initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning
Administrator has issued a letter that all conditions have been satisfied and that the
Developer may proceed; or until such time as approval to commence earlier construction is
specifically approved by the City, and Developer has fully complied with all conditions set
forth by City staff.
4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service
to the seventeen (17) lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. WINDSONG THIRD ADDITION is a
planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and
no amendment to the City's Comprehensive Plan or other Official Controls shall apply to or
affect the use, development density, lot size, lot layout, or platting requirements for
WINDSONG THIRD ADDITION for a period of five (5) years. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by
State law, the City may require compliance with any amendments to the City's
Comprehensive Plan, other Official Controls enacted after the date of this Agreement. This
provision does not apply to regulations or Official Controls related to park and trail
dedication or any fee established by the City chargeable to the Developer for municipal
costs arising from said future phases.
6. Development Plans. The Plat shall be developed in accordance with the
plans on file at the office of the City Clerk and the conditions stated below. If the plans vary
from the written terms of this Agreement, the written terms shall control. The plans are:
Plan A Final Plat, WINDSONG THIRD ADDITION prepared by Wenck
Associates.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Campion
Engineering, Inc. and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer Plans for WINDSONG
THIRD ADDITION, as prepared by Campion Engineering, Inc. and as
finally approved by the City Engineer.
Plan D Landscape Plan for WINDSONG THIRD ADDITION, prepared by
Wenck Associates, and as finally approved by the City Zoning
Administrator.
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
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.
3
B. MNDOT for State Highway Access
C. NMOT for work in right of way
D. Minnesota Department of Health for watermains
E. MPCA NPDES Permit for construction activity
F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibility to satisfy themselves with regard to the elevation of
groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable County,
State, and Federal rules and regulations. DNR regulations regarding appropriations permits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by June 1, 2019, with the exception of the final wear course of asphalt on streets and
landscaping. The final wear course shall not be constructed until at least one construction
season after the base construction is completed and shall be delayed one more construction
season if at least 75% build out is not achieved. However the final wear course shall not be
delayed for a period longer than two years after the base course is paved regardless of build
out; in which case the Developer shall provide an escrow for fog sealing the streets in the
event the final wear course is placed prior to 75% build out. Final wear course placement
outside of the above time frame must have the written approval of the City Engineer. The
City may impose additional conditions on the extension necessary to ensure performance.
12. Right of Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer thirty (30) business days notice stating the deficiencies and
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
4
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice and opportunity to cure, take action as it deems
appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public 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 within 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 draw from the Developer's letter of credit. Should snowplowing be
necessary prior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon 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
M
work and pay all costs associated with that work. Any plowing undertaken by the City will
constitute no acceptance or evidence of acceptance of the street(s) in question.
The final wear course shall not be constructed until at least one construction season after the
base construction is completed and shall be delayed one more construction season if at least
75% build out is not achieved. However, the final wear course shall not be delayed for a
period longer than two years after the base course is paved, regardless of build out; in which
case, the Developer shall provide and 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 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 period 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 $3,169.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 17 lots at $2,480.00 per REC = $42,160.00.
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: 17 lots at $1,731.00 per REC = $29,427.00.
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 17
units at $4,057.00 per unit = $68,969.00.
25. Storm Water Management Fee. 4.48 net acres at $3,427.00 per net acre =
$15,353.00
6
26. Transportation Infrastructure Cost. The collector street access fee for this
Plat is as follows: 17 units x $1,869.00 per unit = $31,773.00.
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $4,750.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: 19 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: 2 lights x $500.00 per light for a total payment of $1,000.00. 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
7
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
City Construction
Administration 8% of
$316,945.00
$25,356.00
Legal Services Escrow
1% of $316,945.00
$3,169.00
City Administration Fee
1% Of $316,945.00
$3,169.00
Street Signs
19 at $250.00 per sign
$4,750.00
Street Lights
2 at $500.00 per light
$1,000.00
Sewer Availability Charge
17 units at $2,480 per REC
$42,160.00
Water Availability Charge
17 units at $1,731.00 per REC
$29,427.00
Storm Water Charge
4.48 net acres at $3,427/ acre
$15,353.00
Transportation Charge
17 units at $1,869 per unit
$31,773.00
Park and Trail Dedication Fee
17 units x $4,057/unit
$68,969.00
GIS Data Entry Fee
4.48 acres at $100 per acre
$448.00
Wetland Delineation Review
0 Review at $2,000.00 per
review
$00.00
TOTAL
$225,574.00
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 $461,868.75 said amount calculated as follows:
Site Grading, Erosion & Sediment Control & Wetland
Protection
$00.00
Sanitary Sewer- Lateral & Trunk
$57,155.00
Watermain- Lateral & Trunk
$75,950.00
Storm Sewer- Lateral
$54,460.00
Streets
$129,380.00
Engineering & Surveying Construction Services (6.5%)
$22,550.00
Landscaping
$30,000.00
SUBTOTAL
$369,495.00
TOTAL LETTER OF CREDIT 125% of Subtotal
$461,868.75
The issuer and form of the security (other than cash escrow) shall be subject
to City approval in its reasonable discretion. The security shall be issued by a banking
institution in good standing as determined by the City and approved by the City
Administrator. The City shall have the ability to draw on the security at a bank or branch
bank located within fifty (50) miles of the City Hall. The security shall be for a term ending
July 1, 2019 and shall contain an automatic renewal provision. The City may draw down the
security for any violation of the terms of this Agreement following notice to Developer
affording Developer thirty (30) to cure such violation (except in the event of an emergency),
or upon receiving notice of the pending expiration of the security within thirty (30) days
without replacement. It shall be the responsibility of the Developer to inform the City at
least thirty (30) days prior to expiration of the security 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 the warranty Period), the
Developer shall immediately provide the City with either an extension of the security or an
irrevocable letter of credit in the same amount upon notification of the expiration. If the
required improvements are not completed at least thirty (30) days prior to expiration of the
security, the City may also draw down the security to the extent reasonably necessary to
remedy the default. 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 not to be unreasonably
withheld or delayed, the security shall be reduced from time to time in proportion to the
work completed, but not below $54,385.00 which is the amount of the warranty security. A
warranty security in the amount of $54,385.00 shall be posted with the City as set forth in
Paragraph 34 of this Agreement. For purposes of this Section, the warranty period shall be a
twelve (12) month period after the applicable work has been completed.
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 the Agreement. Upon
completion of the work contemplated hereunder and expiration of the warranty period, the
remaining security shall be promptly released to Developer.
The security for this Agreement shall be an Irrevocable Standby Letter of Credit with
automatic renewal provisions conforming to the requirements of this Section or cash in the
amount of $461,868.75.
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 Developer shall be in the amount of $54,385.00. The amount
10
has been determined by the City Engineer, and is based upon the costs of the raw materials
and labor which would be necessary to correct the most common deficiencies in such public
improvements.
35. Claims. The Developer shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work required by this Agreement, which is provided to real property owned by
the City, and the sums due them have not been paid, and the laborers, materialmen or others
are seeking payment from the City, the Developer hereby authorizes the City to commence
an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-
five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any
further proceedings as it pertains to the letters of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorney fees pursuant to this
Agreement. In the event that the Developer desires to make a cash deposit instead of
drawing down the letter of credit if a claim is made as stated above, they shall immediately
notify the City of this intent at the time the claim is made and shall delivery one hundred
twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in
the form of cash or certified check.
36. Restrictions. The following restrictions apply to the property and all lots
thereon shall be held, sold, and conveyed subject to the following conditions and
restrictions, which are for the purpose of protecting the value and desirability of the Plat and
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns: Developer shall incorporate Lot 12, Block 1; Lot 6,
Block 2; and Lot 2, Block 3 into the existing homeowner's association.
37. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the
Plat.
B. The Developer shall hold the City and its officers and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development, except for
negligence of City, the Developer shall indemnify the City and its
II
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 fall 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.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
12
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a
bituminous surface, unless a specific exception is approved by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing further building permits.
I. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy,
express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be
13
deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
40. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following address: Windsong II, LLC, 5730 Quam
Avenue, St. Michael Attention: Tim Flynn.. 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
STATE OF MINNESOTA
SS.
COUNTY OF WRIGHT
CITY OF OTSEGO
M i
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
WINDSONG II, LLC
C•
Its:
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 the of Windsong II, LLC, 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
16
Notary Public
INSET
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VICINITY MAP
President
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This instrument was acknowledged before me this _ day of
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President, Windsong 11, LLC, a Minnesota limited liability company, on behalf
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Notary Public, County, Minnesota
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I, Chris Ambourn, 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
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boundary survey; that all mathematical data and labels are correctly
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designated on this plat; that all monuments depicted on this plat have
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been, or will be correctly set within one year; that all water boundaries and
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wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of
OUTLOT A
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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_.
Y?
Chris Ambourn, Licensed Land Surveyor
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Minnesota License No. 43055
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SCALE IN FEET
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BEARING ORIENFA77ON NOTE.,
THE EAST LINE OF OUTLOT A, WINDSONG
SECOND ADDIT70N IS ASSUMED TO BEAR
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LEGEND
• DENOTES IRON MONUMENT FOUND
O DENOTES 1/2 INCH X 14 INCH IRON MONUMENT
SET WITH PLAS77C CAP MARKED RLS NO. 43055
KNOW ALL PERSONS BY THESE PRESENTS: That Windsong II, LLC, a
Minnesota limited liability company, fee owner of the following described
property situated in the County of Wright, State of Minnesota to wit:
Outlet A, WINDSONG SECOND ADDITION, according to the plat
thereof on file and of record in the office of the County Recorder
of Wright County, Minnesota.
Has caused the same to be surveyed and platted as WINDSONG THIRD
ADDITION and does hereby donate and 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 Windsong Il, LLC, a Minnesota limited liability
company, has caused these presents to be signed by its proper officer this
day of 20
Signed: Windsong ll, LLC
CITY COUNCIL, -
CITY OF OTSEGO, MINNESOTA
This plat of WINDSONG THIRD ADDITION was approved and accepted by the
City Council of the City of Otsego, Minnesota, at a regular meeting thereof
held on this day of —, 20 _—,
and said plat is in compliance with the provisions of Minnesota Statutes,
Section 505.03, Subd. 2.
Mayor
WRIGHT COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes 505.021, Subd.
11, this plat has been reviewed and approved this day of
, 20 _.
Wright County Surveyor
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
0 .
Wright County Auditor/Treasurer Deputy
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
^� WENCK
- ASSOCIATES
VICINITY MAP
President
SECTION 26, TOWNSHIP 121, RANGE 24
Tim G. Flynn
0
NO SCALE BOTH STREET NE
I
im
STATE OF MINNESOTA
COUNTY OF _
iI
o:4
(i
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This instrument was acknowledged before me this _ day of
—+----�'¢
20 , by
President, Windsong 11, LLC, a Minnesota limited liability company, on behalf
i 0
of the company
C_
CJ
m
5
u
C�
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(Printed name)
4)
Notary Public, County, Minnesota
<,9
707N STREET N£
My Commission Expires—__ _
rn
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I, Chris Ambourn, 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
�j
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_.
Chris Ambourn, Licensed Land Surveyor
Minnesota License No. 43055
STATE OF MINNESOTA
COUNTY OF
I
The foregoing Surveyor's Certificate was acknowledged before me this
— day of ——_ 20 , by Chris Ambourn, Land
Surveyor, Minnesota License No. 43055.
a
(Printed name)
Notary Public, County, Minnesota
— —
-
My Commission Expires__
CITY COUNCIL, -
CITY OF OTSEGO, MINNESOTA
This plat of WINDSONG THIRD ADDITION was approved and accepted by the
City Council of the City of Otsego, Minnesota, at a regular meeting thereof
held on this day of —, 20 _—,
and said plat is in compliance with the provisions of Minnesota Statutes,
Section 505.03, Subd. 2.
Mayor
WRIGHT COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes 505.021, Subd.
11, this plat has been reviewed and approved this day of
, 20 _.
Wright County Surveyor
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
0 .
Wright County Auditor/Treasurer Deputy
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
^� WENCK
- ASSOCIATES
VICINITY MAP
SECTION 26, TOWNSHIP 121, RANGE 24
WRIGHT COUNTY, MINNESOTA
NO SCALE BOTH STREET NE
I
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—+----�'¢
of
$
PLAT
m
5
LOCATION
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707N STREET N£
CITY COUNCIL, -
CITY OF OTSEGO, MINNESOTA
This plat of WINDSONG THIRD ADDITION was approved and accepted by the
City Council of the City of Otsego, Minnesota, at a regular meeting thereof
held on this day of —, 20 _—,
and said plat is in compliance with the provisions of Minnesota Statutes,
Section 505.03, Subd. 2.
Mayor
WRIGHT COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes 505.021, Subd.
11, this plat has been reviewed and approved this day of
, 20 _.
Wright County Surveyor
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
0 .
Wright County Auditor/Treasurer Deputy
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
^� WENCK
- ASSOCIATES
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LEGEND
• DENOTES IRON MONUMENT FOUND
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SET WITH PLASTIC CAP MARKED RLS NO. 4JO55
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