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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 PAGE 2 S:\MunicipalWotsego23xx\2333.03\OT2333.03 RVW1.doc 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 PAGE 3 S:\MunicipalWotsego23xx\2333.03\OT2333.03 RVW1.doc 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. PAGE 4 S:\Municipal\Aotsego23xx\2333.03\OT2333.03 RVW1.doc 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. PAGE 5 S:\MunicipalWotsego23xx\2333.03\OT2333.03 RVW1.doc 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. PAGE 6 S:\Municipal\Aotsego23xx\2333.03\OT2333.03 RVW1.doc 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. PAGE 7 S:\Municipal\Aotsego23xx\2333.03\OT2333.03 RVW1.doc 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 SEE SHEET 2 OF 2 SHEETS c VICINITY MAP President N69244J E w _N89'41'05E 98.07111.42 N86'19'S1 E 0 c vii TL vT I im STATE OF MINNESOTA o 2 S6A4h qe �1p7'E $ N 6�'.t3 o:4 (i Q I--- This instrument was acknowledged before me this _ day of —+----�'¢ .i_ SBT53'52 W 211.29 20 , by President, Windsong 11, LLC, a Minnesota limited liability company, on behalf �p of the company C_ CJ m 5 u C� I ;ift U (Printed name) 4) Notary Public, County, Minnesota <,9 707N STREET N£ My Commission Expires—__ _ rn a �- 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 �J boundary survey; that all mathematical data and labels are correctly �j designated on this plat; that all monuments depicted on this plat have �n K7 LANDS 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 OUTLOT A Y� 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 1 I (d Minnesota License No. 43055 _ Mt7� 3402? / // rr A �� 40.89 577°58'04^ WET LANDS ` T/lj � 6'.0 , �L _jER OClt 2 .r 5TSDD s\ _ N89°00'34"E 5 , —61.64 \ B` I I jvivv C>c BLOCK 2 rrq vr�l rrn r — —I B' WCK A VO n 1 2 o 74TH STREET 1,1,E — — y C, 2 OA �j V < G' BIO"K 2 0 6o 120 160 SCALE IN FEET 1 INCH = 60 FEET BEARING ORIENFA77ON NOTE., THE EAST LINE OF OUTLOT A, WINDSONG SECOND ADDIT70N IS ASSUMED TO BEAR SOO'58'00 E 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 Q I--- 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� I ;ift U (Printed name) 4) Notary Public, County, Minnesota <,9 707N STREET N£ My Commission Expires—__ _ rn a �- 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 iI (i Q I--- —+----�'¢ of $ PLAT m 5 LOCATION I ;ift -------� 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 N8116411'' N62'56'0I'E N822J57E 5.02 X5.09 4500 ', .. N89u. 582'01'1JE 10.5.3 4 N89'02'00'E' N _ 888,2127E 247.61 :1 $ 74TH STREET NE Z 0RAINAGE & U7ILITY EASEMENT '12'11E N85'10'57E 6 • N E 11 1 888'45 E '� 45.00E 11 `l N 45ME �1 N56'52'52E' BLOCK 1 DNAGE-:-i ,3 r DRAINAGE i. bb W 5 P V' EASEMENT = w gAg Owi w V u U b '6E 96.00 �I •'i y $ $ Q EASEMENT 81 g $ g 18S N 8 8 S $ 8 $ a Id of a I� 9w a s b b w w I ✓uW I �.� 1 n 2 n 3 n 4 N 5 6 t;Ih 7 IS I yl cv ' r ; & UTILITY I 1 -7 -DRAINAGE L=27 EASEMENT I -1 ;& UTILITY a b p b A99 �1 t N88'S5'48E 1 M88,5500 E 5._, �^ N 4500E 1 ` I/ EASEMENT Ay9 u.DD ,E 869'02'07 E • N88'55'48E i\•�NN. 45.00 \ \ 91 ��• _ — — 6 fG a8'5(J2' 889,02,00E N8 X00 ` N89,02,00 (, - f5.60 ,1\ DRaNACE& A h: E45EMEW N;x V I V (,. ` 5'� 45.00 ' j 5.00<:%'N N89'02'00�' may. 888,02,00E 45.00 10.5J 45.00 6• N&9'O2'007 Fv 45.00 5.OJ S.OZ `� S02'2J'S7W 579'29 J4'W 589'58'IJ1Y h b .ry h N82'Ol'1J1Y 846'52'50 581'l641W 542'56'OIW 12 = `-DRAINAGE & UTILITY FASMENT =-_--- Y o 2 DRAINAGE --�- N _ 888,2127E 247.61 :1 $ 74TH STREET NE Z 0RAINAGE & U7ILITY EASEMENT '12'11E N85'10'57E 6 INSET I DRAINAGE & UTILm EAsEmENT-=`� ^ E 12 w ' SM.50,45.E •7a 7J 'S�52'f9E N88'03'474`, i2'00'IF -'0 N89'02'00E �.� f 889,02,00E 't `�u� II '5.00 J i .-I g EAS' UTILITY I S 8 g S 8 SI$ BLC:;I< 1. 8 H w 9 w 10 w w 11 Wiwry — GE • N E 11 1 888'45 E '� 45.00E 11 `l N 45ME �1 N56'52'52E' WI\ � ,3 i. bb W 5 P OCR I = w gAg Owi w V u U b '6E 96.00 �I •'i y b F��Q�y],j7 m r 15"E 96.07 v N BLOCK 2 2 60 889,02,00E i— W r� N69'02'00'E I •. �.� HIN 1 2 v 3 4 i N68'S2'49W 12 58B'OJ'47W DPA/N40E d•-1132'26' ' r ; & UTILITY d=4'44IB' R=JJ02900 L=27 EASEMENT a b p b A99 �1 t N88'S5'48E 1 M88,5500 E 5._, �^ N 4500E 1 ` u.DD �� •- L=66.49 R=4JOA0 • N88'55'48E i\•�NN. 45.00 \ \ 7. 01 _ — — 6 fG a8'5(J2' �� N . ` "7.0I 6 S84'12'l 10E W Sd5'TO'S7W 1 Sfif'16'02'W DRaNACE& A h: E45EMEW N;x OILVNA& UTILITY EASEMENT f � � • l O 567°53'52'^8 211.29 569'59'291W 96.00 I I IV�1 Y o 2 DRAINAGE --�- & uncm EASEMEN( gol 1 o$ n 't? bbbl WET IANOS \ s BLOCK 3 i - S69'59'29W 96.00-• I N89°24'43"E 11,.42 \ `Vsijas �ZgA11 1615 ---- BL-, �K 2 INSET I DRAINAGE & UTILm EAsEmENT-=`� ^ E 12 w ' SM.50,45.E •7a 7J 'S�52'f9E N88'03'474`, i2'00'IF -'0 N89'02'00E �.� f 889,02,00E 't `�u� II '5.00 J i .-I g EAS' UTILITY I S 8 g S 8 SI$ BLC:;I< 1. 8 H w 9 w 10 w w 11 Wiwry — GE ~ 60 EASEMENT J6E 96.07 ,3 6 bb W 5 P OCR I = w gAg Owi w V u U b '6E 96.00 �I •'i y b F��Q�y],j7 m r 15"E 96.07 v N a W 60 OUTLOT A N 0 30 60 90 SCALE IN FEET I INCH = 30 FEET BEARING ORIENTATION NOTE., THE EAST LINE OF OUTLOT A, WINDSONG SECOND ADDITION IS ASSUMED TO BEAR 500'58'00 E. LEGEND • DENOTES IRON MONUMENT FOUND O DENOTES 1/2 /NCH X 14 /NCH IRON MONUMENT SET WITH PLASTIC CAP MARKED RLS NO. 4JO55 -- DENOTES DRAINAGE AND UTILITY EASEMENT ALL OF LOT 12, BLOCK 1, AND ALL OF LOT 6, BLOCK $ AND ALL OF LOT 2, BLOCK J, TO BE DRAINAGE AND UTILITY EASEMENT SHEET 2 OF 2 Sh I 2 I N N89'0200E i 45.00 889,02,00E i— W r� N69'02'00'E I •. �.� 5.J9L.i Y 45.00 5.00 N68'S2'49W 12 58B'OJ'47W d•-1132'26' - 1=7411 R=J70A0 N90 -00'00E 44.61 d=4'44IB' R=JJ02900 L=27 a b p b 4l lri .S T REI 'NE R=270A0 44'16' L -22J3 890'00'002' CH --66.42 CHB=N89'41'28'E ` 4562 1• �� •- L=66.49 R=4JOA0 — — _ — — a8'5(J2' DRaNACE& A h: E45EMEW O Ci f � � • O � (� 569'59'291W 96.00 I I IV�1 Y o 2 DRAINAGE --�- & uncm EASEMEN( gol 1 o$ n bbbl o s BLOCK 3 i - S69'59'29W 96.00-• I N89°24'43"E 11,.42 \ `Vsijas �ZgA11 1615 ---- BL-, �K 2 579.49'is1- E 0 oC �m m� Zo o� ao O~ 2n u, m 1 G> m c) C7 O = T� WENCK - ASSOCIATES SHEET 2 OF 2 Sh