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ITEM 4.2 Emerson PointeOtkgoF MINNESOTA 4 1a7=I7_1 4diy 1:10Is1011 ]NiT /_1 0IQki Request for City Council Action I Planning I City Planner Licht 1 91u1v 2018 1 Assoc. Planner Stockman City Administrator/Finance Director Flaherty 4.2 — Emerson Pointe City Engineer Wagner City Attorney MacArthur STRATEGIC VISION Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. 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. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS Citv staff recommends approval of a final plat and execution of a development agreement. Yes I No D.R. Horton has submitted application for final plat approval of 50 single family lots to be known as Emerson Pointe. The City Council approved the preliminary plat and PUD -CUP for the development on 27 November 2017. The proposed subdivision is to be developed in a single phase of construction. ■ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Single family lots are a permitted use within the R-5 District. ■ Preliminary Plat Consistency. The final plat consists of 50 single family lots accessed by public streets in a configuration consistent with the preliminary plat. ■ Streets. Streets within the proposed final plat are designed with a 60 foot right-of-way and 28 foot street section with concrete curb and gutter. The developer is providing an easement for the north half of 74th Street, which will be constructed at their cost. A five foot wide concrete sidewalk will be constructed along one side of each public street as required by the Subdivision Ordinance and Engineering Manual. A temporary cul-de-sac is required at the south terminus of Parrish Avenue. Sign identifying future extension of Parrish Avenue and 74th Street will also be required. All street construction plans are subject to review and approval of the City Engineer. Lot Requirements. The preliminary plat approval includes a PUD -CUP establishing minimum lot requirements shown in the table below. All of the proposed lots illustrated on the final plat comply with these requirements. Lot Width Lot Depth Setbacks Front Side Rear Quaday Ave. Wetland Interior 60ft. 100ft. 25ft. house 30ft. garage face 7ft. 20ft. 65ft. 40ft. Corner 78ft. ■ Landscaping. The preliminary plat/PUD-CUP approval for Emerson Pointe included a landscape plan to provide for boulevard landscaping along the public streets as well as buffer yard plantings abutting Quaday Avenue as required by Section 20-16-7.D of the Zoning Ordinance. The development agreement includes a security for the installation and warranty for these plantings. ■ Park and Trail Dedication. The preliminary plat approval provides that park and trail dedication requirements for the final plat established by Section 21-7-18 of the Subdivision Ordinance will be satisfied by payment of a cash fee in lieu of land, which is included in the development agreement. ■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot and overlaying stormwater facilities as required by Section 21-7-15.A of the Subdivision Ordinance. All drainage and utility easements are subject to approval of the City Engineer. ■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed final plat that are subject to review and approval by the City Engineer. The grading plan includes expanded grading into the abutting property to the west. The abutting property owner has met with City staff and the developer to discuss how streets and utilities will be extended to their property in the future based on the proposed grading plan and that for Boulder Pass to the south. The abutting property owner has provided a grading easement to the developer. The proposed final plat includes Outlot A as encompassing a stormwater basin. Outlot A will be deeded to the City for permanent ownership and maintenance. The developer is required to pay a Stormwater Impact Charge for Lefebvre Creek with the development contract. ■ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability charges at the time of final plat approval as outlined in the development agreement. Utility connection charges are to be paid when a building permit is issued for each lot in accordance with the fee schedule in effect at that time. ■ Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new subdivisions. Type I lighting will be required to be installed by the developer at the corners of intersecting local streets and at the terminus end of Parson Court. Type II lights are required to be installed at intersections of Parson Avenue and 74th Street with Quaday Avenue. The development contract provides for payment of the street light operation fee of as established by the City Code. 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. ■ Engineering Review dated May 18, 2018 ■ Findings of Fact and Decision ■ Resolution 2018-45 approving a development agreement ■ Development Agreement ■ Final Plat (2 sheets) POSSIBLE MOTION PLEASE WORD MOTION;AS XOU V1/QULD L)KE ITTO APPEAR IN THE.M{NUTES:' Motion to approve the final plat of Emerson Pointe subject to the conditions as outlined in the Findings of Fact and Decision as presented and adopt Resolution 2018-45 approving a Development Agreement. BUDGET INFORMATION Review No. 3 ENGINEERING REVIEW Hakanson Residential Subdivision for the City of Otsego .Anders©n by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Mike Suel, D.R. Horton, Inc. -Minnesota Robert Olson, Westwood Professional Services, Inc. Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Cody Sylvester, E.I.T. Date: May 18, 2018 Proposed Development: Emerson Pointe Location Of Property: A portion of the NW1/4 of the SE 1/4 of Section 27, T121, R23 West of Quaday Ave Applicant: Mike Suel, D.R. Horton, Inc. -Minnesota Developer: D.R. Horton, Inc.- Minnesota 20860 Kenbridge Court, Suite 100 Lakeville, MN 55044 Owners of Record: FRB Property VIII, Inc. Purpose: Emerson Pointe is a proposed 50 lot single family residential development preliminary platted as Emerson Pointe in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), (but not limited to) Minnesota Pollution Control Agency (sanitary sewer), and Wright County TABLE OF CONTENTS INFORMATION AVAILABLE FINAL PLAT CONSTRUCTION PLANS COVER SHEET SANITARY SEWER AND WATERMAIN PLANS STREET & STORM SEWER PLANS GRADING PLANS DETAILS INTERSECTION DETAILS GRADING, DRAINAGE AND EROSION CONTROL PLANS COVER SHEET EROSION CONTROL PLANS GRADING, DRAINAGE AND EROSION CONTROL PLANS STREET PROFILES DETAILS STORM SEWER DESIGN/HYDROLOGY WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\MunicipaMotsego23xx\2339\ot2339 RVW3.docx INFORMATION AVAILABLE Grading, Development & Erosion Control Plan for Emerson Pointe, dated 5/1/18, by Westwood Professional Services, Inc. Construction Plans for Sanitary Sewer, Water Main, Storm Sewer and Streets for Emerson Pointe, dated 5/1/18, by Westwood Professional Services, Inc. Final Plat for Emerson Pointe, received 5/7/18, by Westwood Professional Services, Inc. Storm Water Management Plan for Emerson Pointe, 2/5/18 revision, by Westwood Professional Services, Inc. (received HydroCAD model dated 1-29-18) Storm Sewer Design Calculations for Emerson Pointe, 1/29/18 revision, by Westwood Professional Services, Inc Geotechnical Evaluation Report for Emerson Pointe, dated 6/27/17, by Braun Intertec Wetland Determination Report for Emerson Pointe, dated 9/19/17, Westwood Professional Services, Inc. Additional Information City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 S:\MunicipaMotsego23xx\2339\ot2339 RVW3.docx FINAL PLAT No comments. CONSTRUCTION PLANS Cover Sheet (Sheet 1) Included "Ronald J. Wagner, City Engineer" in the approval signature line. A benchmark(s) with elevation shall be provided. Overall Sheet (Sheet 2) 4. Valley gutters are required at both ends of 74th Street and at Parson Court intersections. The plans show a dashed line but this line is not appear well at the plan scale and may be missed. There are a couple valves and manholes that may be within the concrete valley gutter. Please verify and relocated any valves or manholes out of these concrete areas. Sanitary Sewer and Watermain Construction Plans (Sheets 3-6) 5. Station labels shall be provided in the plan views for Profile A and I. The 45 deg vertical bends in the watermain in profile A and I shall be eliminated and the pipe should be placed at extra depth to eliminate these bends if possible. Street & Storm Sewer Construction Plans (Sheets 7-11) 7. A minimum 90' vertical curve or minimum K=37 is required at station 3+70 on Parson Court. 8. Remove the diagonal Ped Ramp (to the west) at the SE corner of the intersection of Parson Ave and 74th Street. A ped ramp is also needed at this crossing at the NE corner of the intersection. 9. Ped Ramps will need to be constructed on the east side of Quaday Avenue across from the proposed intersections of 74th Street and Parson Avenue. 10. All storm sewer shall have 0.8 points drop between inverts where pipe sizes change. (i.e. CBMH 205 & STMH 202 require 0.2' drop from the 15" to 18" pipe, and CBMH 103 requires 0.8' drop from the 15" to 27" pipes, and at CBMH 104 and 105. Details Sheet 12-14) 11. The City of Otsego has updated standard details shall be used. The only significant change that we can see is that the street section using only 5" of Class 5 is no longer allowed. The new minimum Class 5 section is 6" thick. 12. The typical section thickness does not agree with the grading plan. 13. With Hydraulic Soil type A we don't believe the draintile is required in the streets. Intersection Details (Sheet 15) 14. No comments. PAGE 4 S:\Municipal\Aotsego23xx\2339\ot2339 RVW3.docx GRADING, DRAINAGE AND EROSION CONSTRUCTION PLANS Cover Sheet (Sheet 1) 15. Included "Ronald J. Wagner, City Engineer" in the approval signature line. 16. A benchmark(s) with elevation shall be provided. Overall Grading Plan (Sheet 2) 17. Label the proposed contours. Gradin, Drainage and Erosion Control Plan (Sheet 3) 18. There should be a —872 berm between the south side of the infiltration area and the property to the south. Street Profiles (Sheet 4-5) 19. Show an "End Construction" line in the profile of Parrish Avenue. Details (Sheet 6) 20. The typical section thickness does not agree with the construction plans. STORM SEWER DESIGN/HYDROLOGY 21. Label each drainage area with the appropriate catch basin number on the drainage area drainage area map for the storm sewer calculations. 22. The additional details do not help explain the lack of required infiltration volume in the pond. See redline calculations attached. 23. The Emerson Point HydroCAD model dated 1/29/18 was provided to verify the proposed redirection of runoff and new pond discharge does not adversely affect the existing regional pond(s) to the south. The existing regional downstream pond has a NWL = 865.7, 10 -yr HWL = 869.6, and 100 -yr HWL elevation = 871.50. The 100 -yr HWL of the downstream pond is higher than that of Pond 1 (870.53). This will cause Pond 1 to back up and not drain as proposed. The pond shall be reconfigured so that the 100 -yr HWL is above the downstream pond elevations. It may be possible regrade and combine these to ponds if necessary. That said, the additional runoff will appear to very minimally increase the existing ponds HWL elevations and discharge rates/volumes and we anticipate no adverse changes downstream. 24. The spacing of catch basins appears to be sufficient except along Parrish Avenue from CBMH 113/114 south. Street and inlet spread calculations shall be provided showing no more than 2/3rds of the street is inundated. Calculations for this area only this area are needed. WETLANDS 25. No comment. PAGE 5 S:\Municipal\Aotsego23xx\2339\ot2339 RVW3.docx OTHER CONSIDERATIONS 26. Statement certifying the environment condition of the site including the presence of any hazardous substance as defined in MN Statutes I15Bj.02, Subd. 8 is required. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. PAGE 6 S:\Municipal\Aotsego23xx\2339\ot2339 RVW3.docx FINDINGS OF FACT AND DECISION 29 June 2018 APPLICANT: D.R. Horton APPLICATION: Request for approval of a final plat to be known as Emerson Pointe. CITY COUNCIL MEETING: 9 July 2018 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for medium to high density residential uses within the East Sewer District. C. The subject site is zoned R-5, Single and Two Family Residential District. D. The City Council approved application for preliminary plat and PUD -CUP on 17 November 2017. E. The applicant is proposing a final plat of 60 single family lots. F. The Request for Council Action dated 14 May 2018 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated 18 May 2018 prepared by the City Engineer, Hakanson Anderson Inc., is incorporated herein. H. Final plat applications are processed in accordance with Section 21-3-3 of the Subdivision Ordinance and do not require a recommendation by the Planning Commission. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: 1. The applicant shall execute a development agreement as drafted by the City Attorney and subject to approval of the City Council. 2. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land as provided for by the Development Agreement. 3. All construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject to review and approval by the City Engineer. 4. 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 schedule in effect at that time. 5. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. 6. Outlot A as shown on the submitted final plat shall be deeded to the City. 7. The applicant shall pay a stormwater area charge for Lefebvre Creek at the time of final plat approval in accordance with the Development Agreement. 8. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the City Code with payment of charges as established in accordance with the City Fee Schedule, subject to review and approval of the City Engineer. 9. The lots within the final plat shall comply with the following minimum lot requirements in accordance with the approved preliminary plat and PUD -CUP: Lot Width Lot Depth Setbacks Front Side Rear Quaday Ave. Wetland Interior 60ft. 100ft. 25ft. house 30ft. garage face 7ft. 20ft. 65ft. 40ft. Corner 78ft. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 9th day of July, 2018. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2018-45 RESOLUTION APPROVING DEVELOPERS AGREEMENT- EMERSON POINTE WHEREAS, DR Horton- Minnesota has an approved Plat known as EMERSON POINTE; and WHEREAS, the approved Plat requires construction of public improvements, payment of City costs and fees and escrow and security; 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 DR Horton- Minnesota 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 9th day of July, 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 aol 03 9 02 1010 a WIT" lttt,111111111 owl owl 0 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 D.R. Horton -Minnesota., a corporation under the laws of the State of Delaware ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled EMERSON POINTE. The legal description of the property covered by this Agreement is as follows: The South two-thirds of the East 996.30 feet of the North Half of the Southeast Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota. Said East 996.30 feet to be measured at a right angle to the east line of said North Half of the Southeast Quarter. The Plat contains fifty (50) single family residential lots. The plat is located within the City's East Sewer District, is zoned R-5, Single and Two Family Residential District as approved by Ordinance adopted by the City Council on November 27, 2017. 2. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Agreement with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the Agreement. The Developer shall cooperate with the City in recording the Agreement and all required additional deeds and documents and providing assurance that the Agreement and all required documents have been properly and timely recorded. 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 fifty (50) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. EMERSON POINTE 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 EMERSON POINTE 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, EMERSON POINTE prepared by Westwood Professional Services, Inc. Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for EMERSON POINTE, as prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. 0 Plan D Landscape Plan for EMERSON POINTE, prepared by Westwood Professional Services, Inc., and as finally approved by the City Zoning Administrator. 7. Improvements. The Developer shall install and/or pay for the following: A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments 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 pennits, 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. MNDOT 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 on streets shall be installed between August 15t' and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may request an extension of time from the City to be submitted in writing to the City Clerk, for which said extension shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement outside of the above time frame must have the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure performance. 12. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors an irrevocable right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the developer thirty (30) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation 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 in the Plat until the base course bituminous surfacing has been accepted by the City. Should the City be required to grade the street prior to paving, the cost of such grading shall be paid by the Developer and drawn from the Developer's letter of credit. Should snow plowing be necessary prior to street paving, the Developer shall be responsible for such plowing as may be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to plow the street prior to acceptance, such work will be done upon agreement that the Developer will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken R 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 an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build out. Upon final completion of streets and acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City for a period of two (2) years that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted as City streets by the City. The two (2) year warranty set forth above commences upon the date on which the City accepts the streets by resolution. 18. Sewage Treatment. No occupancy permit for any building within the Plat will be issued by the City unless the Building Official has inspected both the sewer and water connections to the building and has certified that they have been constructed satisfactorily in accordance with City specifications and the City Code. 19. Administrative Fee. A fee for City Administration of this project is one percent (1%) of estimated construction costs of the public improvements, or $9,884.00. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat due upon Final Plat approval is as follows; 50 RECs at $2,480.00 per REC = $124,000.00. 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. due upon Final Plat approval is as follows $23,333.00 credit = $63,217.00. The Water Availability Charges for the Plat 50 RECs at $1,731.00 per REC minus a 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 50 units at $4,057.00 per unit = $202,850.00. 25. Storm Water Management Fee. The Trunk Storm Water Fee for the Plat is 20 Gross Acres at $2,406.00 per Gross Acre = $48,120.00. 511 26. Transportation Infrastructure Cost. The collector street access fee for this Plat is as follows: 50 lots x $1,577.00 per lot = $78,850.00. 27. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City $6,500.00 for installation of traffic control signs (stop signs, street signs, dead-end signs and wetland signs). The said amount was calculated as follows: 26 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: 5 lights x $500.00, per light for a total payment of $2,500.00 . The operation and maintenance of the street lights by the City shall not commence until such time as the street lights are actually constructed. Street lighting shall conform to adopted City Code. 29. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration following approval of the Plat. City engineering administration will include consultation with Developer and its engineer on status or problems regarding the project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those services, which are estimated to be three percent (3%) of the estimated construction cost of the Plan C Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the estimated construction cost of the Plan C Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. Any amounts for engineering administration not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred (with any excess funds, if any, returned to Developer as indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as follows: Engineering Services Escrow 8% of $ $988,440.00 $79,075.00 Legal Services Escrow 1% of $988,440.00 $904.00 City Administration Fee 1% of $1,262,700.00 $9,884.00 Street Signs 26 at $250.00 per sign $6,500.00 Street Lights 5 at $500.00 per light $2,500.00 Sewer Availability Charge 50 lots at $2,480.00 per REC $124,000.00 Water Availability Charge 50 RECs at $1,731.00 per REC minus $23,333.00 credit $63,217.00 Stormwater Impact Charge 20 acres x $2,406 per acre $48,120.00 Transportation Charge 50 units at $1,577.00 per unit $78,850.00 Park and Trail Dedication Fee 50 lots x $4,057.00/lot $202,850.00 GIS Data Entry Fee 20 acres x $100 per acre $2,000.00 Wetland Delineation Review 1 Review at $2,000 per review $2,000.00 TOTAL $628,880.00 This escrow amount shall be submitted to the City prior to the City executing this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 30. Security. To ensure compliance with the terms of this Agreement, and construction of all public improvements, the Developer shall furnish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount of $1,523,987.50 said amount calculated as follows: Site grading, erosion control and wetland protection $60,000.00 Sanitary sewer (lateral & trunk) $183,040.00 Watermain (lateral & trunk) $254,225.00 Storm Sewer (lateral) $228,020.00 Streets $323,155.00 Landscaping $100,000.00 Engineering services $70,750.00 s SUBTOTAL $1,219,190.0 0 25% additional security $304,797.50 TOTAL $1,523,987.5 0 The issuer and form of the security (other than cash escrow) shall be subject to City approval. The security shall be issued by a banking institution in good standing as determined by the City and approved by the City Administrator. The City shall have the ability to draw on the security at a bank or branch bank located within fifty (50) miles of the City Hall. The security shall be for a term ending 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, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of the Developer to inform the City at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), the Developer shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw down the security. If the security is drawn down the proceeds shall be used to cure any default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $177,293.00, which is the amount of warranty security. A warranty security in the amount of $177,293.00 shall be posted with the City as set forth in paragraph 34 of this Agreement. The warranty period shall be a twelve (12) month period after the applicable work has been completed. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10%) of the posted security until all Improvements have been completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all public improvements at all times. This security amount shall be submitted to the City prior to execution of the Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. E The security for this Agreement shall be an Irrevocable Standby Letter of Credit with automatic renewal provisions conforming to the requirements of this Paragraph or cash in the amount of $1,523,987.50. 31. Landscaping. The Developer shall install two (2) trees upon each lot within the Plat of a species approved by the Zoning Administrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions may be used to cure any defects in the event that the Developer, it assigns or successors fail 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 IN completion and acceptance by the City, except for warranty on streets which is set forth in Section 17 of this Agreement. The amount of posted warranty security for public improvements to be posted by the Developer shall be in the amount of $177,293.00. The amount, 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: 1. Outlot A shall be conveyed to the City for wetland and storm water basin purposes. 2. Developer shall obtain all necessary easements from abutting property owners to grade or work on the abutting lands. 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. 11 B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat development, except for negligence of City, the Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The prevailing party shall reimburse the non -prevailing parry for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt, unless the Developer is in good faith and with all due diligence disputing the payment of the same. If the bills are not paid on time, the City may, after notice and a reasonable period of time to cure said default, halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until all bills are paid in full. Claims not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 38. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 17 to pay for any work undertaken, provided the Developer is first given notice of the work in default, not less than seven (7) days in advance and a reasonable period of time to cure said default. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the reasonable discretion of the city. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 39. Miscellaneous. A. The Developer represents to the City that to best of its knowledge, the Plat complies with all City, County, State, and Federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement. If the City determines that the Phase does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 12 B. Third parties shall have no recourse against the City under this Agreement. C. Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of public improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of public improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property and all properties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, 13 express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the Developers, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any affects that their actions may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on-site drainage facilities to be constructed in accordance with this agreement and plat approval. 40. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by registered mail at the following address: Attention: Paul Tabone, D.R. Horton, Inc.- Minnesota 20860 Kenbridge Court, Suite 100, Lakeville, MN 55044. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at the following address: City of Otsego, City Hall, 13400 90th Street NE, Otsego, MN 55330, Attention: City Clerk 14 CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER D.R. HORTON- MINNESOTA STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2018, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public 15 STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2018 by the of DR Horton - Minnesota a Delaware corporation with authority and on behalf of the corporation. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 16 Notary Public EMERSON PO/NTE KNOW ALL PERSONS BY THESE PRESENTS: That D.R. Horton, Inc.—Minnesota, a Delaware corporation, fee owner of the following described property situated in the County of Wright, State of Minnesota, to wit: The South two—thirds of the East 996.30 feet of the North Half of the Southeast Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota. Said East 996.30 feet to be measured at a right angle to the east line of said North Half of the Southeast Quarter. Has caused the some to be surveyed and platted as EMERSON POINTE and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created by this plat. In witness whereof said D.R. Horton, Inc.—Minnesota, a Delaware corporation, has caused these presents to be signed by its proper officer this day of 20_ . D.R. NORTON, INC.—MINNESOTA (Signature) its (Name printed) STATE OF COUNTY OF This instrument was acknowledged before me this day of 20 , by , its of D.R. Horton, Inc.—Minnesota, a Delaware corporation, on behalf of the corporation. (S19—tare) (Name Printed) Notary Public, County, My Commission Expires SURVEYORS CER77RCAIE 4 Craig W. Morse, do hereby certify that this plat was prepared by me or under my direct supervision; that / am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey, that all mathematical data and labels are correctly designated on this plat, that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of 20 Craig W. Morse, Licensed Land Surveyor Minnesota License No. 23021 STATE OF COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of 20 , by Craig W. Morse, Land Surveyor, Minnesota License No. 23021. (Signotare) (Nome Printed) Notary Public, County, My Commission Expires CITY COUNCIL, CITY OF OTSEGO, MINNESOTA This plat of EMERSON POINTE was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular meeting thereof held this day of 20_ , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Administrator MIGHT COUNTY SURVEYOR l hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 Wright County Surveyor MIGHT COUNTY HIGHWAY ENGINEER This plat was reviewed and recommended for approval this day of 20 Wright County Engineer MIGHT COUNTY AUDITOR Pursuant to Minnesota Statutes, Section 272.12, there ore no delinquent taxes on the land hereinbefore described on this plat and transfer entered this day of 20 By Wright County Auditor Deputy MIGHT COUNTY TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_ on the land hereinbefore described hove been paid this _ day of , 20 By Wright County Treasurer Deputy MIGHT 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 Number Wright County Recorder Westwood Professional Services, Inc. Sheet 1 of 2 sheets EMERSON PO/NTE NE Cor' of the Sf 1/4 of- ' Section 27, Township 121, Range 23 Fund Wright County Cast Iron Monument 3 / -north line of the South 2/3 0( the North ( �Hou of the Southeast Quarter of sec. 27 '' I 89°4221 "W 996.30 r - - - - 151.55 -I � 30.24 130.24 0 7229 2 72.04 72.01 Q 72.01 7201 Q 7201 81.97 9 MOOT, 240.00 -- - Found iron Pipe-' 2s V. 1 r---- , (-------1 r-----1 f'-----� r' ----I LS #15233 I : I� 1 '------ �/ I�.�------'I o o I N 74TH STREET NE M s0 3o Drainage & I Drainage & o _ utility u hty 160.ao m -I Nin Easement Easement W I---------- _----------------- ttl..,g _____ __ _ _t____________�. F____--_-____+ }___996.30 ---- 4. 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I w 7 0 I � ..r. �c ,i•t 70TH STREET NE Westwood Professional Services, Inc. Sheet 2 of 2 sheets