ITEM 5.2 Magnolia LandingQ
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DEPARTMENT INFORMATION
Request for
City Council Action
I Plannine I Citv Planner Licht 1 22 October 2018 1
City Planner Licht City Administrator/Finance Director Flaherty 5.2 — Magnolia Landing
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
City 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 the first phase of the Magnolia Landing
subdivision consisting of 27 single family lots, located adjacent to 60th Street (CR 137) east of MacIver
Avenue The City Council approved the preliminary plat for Magnolia Landing on 23 July 2018.
■ 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 27 single family lots that are to be
accessed by public streets in a configuration consistent with the preliminary plat. Outlot B is to
provide for an HOA owned/maintained play area. Outlot A is provided for the future phases of
development.
■ Streets. The final plat includes construction of local streets designed with a 60 foot right-of-way
and 28 foot street section with concrete curb and gutter. A five foot wide concrete sidewalk will be
constructed along one side of each public street as required by the Subdivision Ordinance and
Engineering Manual. A temporary cul-de-sac is required at both the north and south termini of
Martin Avenue; signs identifying future extension of these streets will be required. The
development agreement provides that the developer pay for the fabrication and installation of all
street signs.
Street Lighting. Section 8-8-4.A of the City Code requires installation of street lighting for new
subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900
feet. Locations for street light installation are to be subject to review and approval of the City
Engineer as part of the construction plans. The development contract provides for payment of the
street light operation fee of as established by the City Code.
■ Lot Requirements. The preliminary plat approval establishes minimum lot requirements shown in
the table below for the lots within this final plat. All of the proposed lots within the final plat
comply with these minimum lot requirements.
■ Landscaping. The preliminary plat included approval of a landscape plan to provide for boulevard
and yard landscaping for each lot as well as buffer yard plantings abutting 60th Street (CR 137)
Street as required by Section 10-19-13.3 of the Zoning Ordinance. The development agreement
includes a security for the installation and warranty for these plantings.
■ Outlots. The final plat includes two outlots as outlined below. Outlot A is to be separated into
two outlots. One outlot will encompass the wetland, wetland buffer required by Section 11-16-5.F
of the Zoning Ordinance, and stormwater basins and Outlot C will encompass the balance of the
subject site to be final platted in future phases.
Outlot Function
A Future phases/stormwater basin
B HOA open space.
Park and Trail Dedication. No land is to be dedicated to the City for park purposes as part of the
preliminary plat. The dedication requirements for the preliminary plat established by Section 10-8-
15 of the Subdivision Ordinance are to be satisfied by payment of a cash fee in lieu of land per lot.
The park dedication fee in lieu of land in accordance with the City's current fee schedule for the
final plat 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 21-8-12.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 proposed
final plat includes establishment of stormwater basins within Outlot A. The final plat must be
revised to separate Outlot A into two parcels; Outlot A will include the stormwater basins
consistent with the preliminary plat layout and be deeded to the City for permanent ownership
and maintenance. Outlot C will be established for final platting of future phases. The developer is
required to pay a Stormwater Impact Charge for Otsego Creek with the development contract.
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
CR 137
Wetland
Interior
9,OOOsf.
(net)
60ft.
100ft.
25ft.
house
30ft.
garage
7ft.
20ft.
65ft.
40ft.
Corner
80ft.
25ft.
■ Landscaping. The preliminary plat included approval of a landscape plan to provide for boulevard
and yard landscaping for each lot as well as buffer yard plantings abutting 60th Street (CR 137)
Street as required by Section 10-19-13.3 of the Zoning Ordinance. The development agreement
includes a security for the installation and warranty for these plantings.
■ Outlots. The final plat includes two outlots as outlined below. Outlot A is to be separated into
two outlots. One outlot will encompass the wetland, wetland buffer required by Section 11-16-5.F
of the Zoning Ordinance, and stormwater basins and Outlot C will encompass the balance of the
subject site to be final platted in future phases.
Outlot Function
A Future phases/stormwater basin
B HOA open space.
Park and Trail Dedication. No land is to be dedicated to the City for park purposes as part of the
preliminary plat. The dedication requirements for the preliminary plat established by Section 10-8-
15 of the Subdivision Ordinance are to be satisfied by payment of a cash fee in lieu of land per lot.
The park dedication fee in lieu of land in accordance with the City's current fee schedule for the
final plat 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 21-8-12.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 proposed
final plat includes establishment of stormwater basins within Outlot A. The final plat must be
revised to separate Outlot A into two parcels; Outlot A will include the stormwater basins
consistent with the preliminary plat layout and be deeded to the City for permanent ownership
and maintenance. Outlot C will be established for final platting of future phases. The developer is
required to pay a Stormwater Impact Charge for Otsego 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. Approval of final plat will include initiation of public
improvement project to construct a sewer lift station within Outlot A and remove the temporary
lift station on Lot 9, Block 5 Otsego Preserves 2nd Addition. Water will be stubbed to Outlot B
(likely for irrigation) but there is no sewer connection.
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. The sewer
lift station will be funded by the sewer availability and connection charges paid from Magnolia
Landing (all phases).
■ Development Agreement. The City Attorney has drafted a development agreement related to the
proposed final plat to provide for 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.
■ Site Location Map
■ Engineering Review dated October 17, 2018
■ Findings of Fact and Decision
■ Resolution 2018-69 Approving a Development Agreement
■ Development Agreement
■ Final Plat (3 sheets)
POSSIBLE MOTION
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P,LERSE,WORD„MfJT�ON AS;YOU,WQU,LD i:IKE 1T TC?=APPEIAR'IN THE 11lIIN17TES:” � ._
Motion to approve the Magnolia Landing final plat subject to the conditions as outlined in the Findings of
Fact and Decision as presented and adopt Resolution 2018-69 approving a Development Agreement.
BUDGET INFORMATION
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Review No. 2
� Hakanson
■■ Anderson
ENGINEERING REVIEW
Residential Subdivision for
the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator/Finance Director
Developer: D.R. Horton, Inc.
20860 Kenbridge Court, Suite 100
Lakeville, MN 55044
Owners of Record: D.R. Horton, Inc.
Purpose: Magnolia Landing is a proposed 27 single-family low density
residential lot development on approximately 42+ acres 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
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Mike Suel, D.R. Horton, Inc.
John Bender, Westwood Professional Services, Inc.
Reviewed by:
Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Cody Sylvester, E.I.T.
Date:
October 17, 2018
Proposed
Development:
Magnolia Landing
Street Location
A portion of the S '/2 of the SW '/4 Section 31, T121, Range 23
Of Property:
all East of Marlowe Avenue NE and South of 63`d Street NE.
Applicant:
Mike Suel
Developer: D.R. Horton, Inc.
20860 Kenbridge Court, Suite 100
Lakeville, MN 55044
Owners of Record: D.R. Horton, Inc.
Purpose: Magnolia Landing is a proposed 27 single-family low density
residential lot development on approximately 42+ acres 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
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SANITARY SEWER AND WATERMAIN PLAN
STREET AND STORM SEWER PLANS
TURN LANE CONSTRUCTION PLANS
DETAILS
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EROSION CONTROL PLANS
STREET PROFILES
DETAILS
STORM SEWER DESIGN/HYDROLOGY
WETLANDS
OTHER CONSIDERATIONS
Q.111] uu_11 :
INFORMATION AVAILABLE
Construction Plans for Magnolia Landing, dated 8/31/18, by Westwood Professional Services,
Inc.
Grading Plans for Magnolia Landing, dated 8/21/18, by Westwood Professional Services, Inc.
Final Plat for Magnolia Landing, dated 8/31/18, by Westwood Professional Services, Inc.
Geotechnical Soil Borings for Magnolia Landing, dated 6/18/18, by Braun Intertec Corporation
Stormwater Management for Magnolia Landing, dated 8/31/18, by Westwood Professional
Services, Inc.
Storm Sewer Design for Magnolia Landing, dated 8/31/18, by Westwood Professional Services,
Inc.
Geotechnical Report for Magnolia Landing, dated 6/18/18, by Braun Intertec
Preliminary Plat Submittal for Magnolia Landing, dated 6/19/18, by Westwood Professional
Services, Inc.
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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FINAL PLAT
Lot and Block numbers shall be the same between the Final Plat and the Construction and
Grading Plans.
2. Temporary easements will be required to cover all temporary cul-de-sacs.
3. Instead of platting easement over the watermain and sanitary sewer in the future streets we
recommend that these easements be temporary easement set to expire when the future
roads are platted or permanent easements that the City can hold and file if the next phase
doesn't move forward. This will avoid the need to vacate these easements when the next
phases come to final plat.
4. Outlot A shall be divided into Outlot A and Outlot C. Outlot A shall cover the eastern
portion of the site (wetlands, storm ponds and utilities including future Lift Station).
Outlot C should be for future addition areas.
5. Cross drainage in the rear yards of Lot 3, Block 1 and Lot 1, Block 2 shall be covered
with drainage easement or the swales moved to within the easement. (also future Lot 2,
Block 2).
CONSTRUCTION PLANS
Cover Sheet (Sheet 1)
6. Revised preliminary plans have not been were received. The final plans are sufficient to
address most of the outstanding comments with the exception of the existing conditions.
A revised preliminary plat submittal is needed or an existing conditions sheet similar to the
one submitted on 6/19/18, which lists the existing zoning classifications for land abutting
the subdivision, can be included in the final plans.
Overall Plan (Sheet 2)
7. Lot and Block numbers do not agree between the Final Plat and the Construction and
Grading Plans.
8. An existing watermain stub was placed to the east property line of Zimmer Farms 6th
Addition at the Cr. Rd 137 right-of-way for looping purposes to a future development. An
8" watermain shall be stubbed to the west property line along the Cr. Rd 137 right-of-way
so this connection can be made in the future.
Sanitary Sewer and Watermain Construction (Sheets 3-7)
9. Water service to Outlot B shall be done with 8"x4" tee and 4" DIP with 4" gate valve.
10. Watermain to be installed where street section will not be placed (62"d Street and north
portion of Martin Avenue) may temporarily need additional material placed over it so that
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there is a minimum of 7.5' of cover to top of pipe until the full street section is placed.
11. Installation of the hydrants along future 62nd Street and future Martin Avenue will be
required at this time. For future connections, gate vales with minimum 20' stubs are
required at the cross at the intersection of 62nd Street and Marshall Avenue and the tee at the
intersection of 62nd Street and Martin Avenue.
12. We recommend installing sanitary risers to future Lot 3 and Lot 4, Block 2 at this time.
13. The irrigation service to Outlot B shall be a, 8"x4" tee with 4" gate valve and 4" DIP pipe
(currently called out as 4" copper with curb stop).
14. Sheet 6, the sanitary sewer along future Lot 12, Block 2 should be moved 10' further east.
The pipe will be approx. 16' deep and additional room is needed from the property line.
15. The proposed sanitary sewer and forcemain being stubbed to the future lift station appear to
be sized correctly and elevations are appropriate for the future lift station. More exact
elevations will be determined as the future lift station is designed. The following are a few
items that may need to be addressed;
a. The forcemain will need a continuous grade to a low point under the trench approx.
mid -way. A cleanout manhole will be needed here.
b. The removal of the existing temporary lift station is necessary
c. An air release manhole may be needed at the connection to the existing forcemain
stub.
Street and Storm Sewer Construction (Sheets 8-11)
16. Include pond NWL, 2 -yr, 10 -yr and 100 -yr HWL and wetland NWL and HWL elevations
on storm sewer sheets.
17. The cul-de-sac in Marx Court shall have a 50' radius (back of curb) on sheet 8.
18. Label profile for Marx Court NE on sheet 8.
19. Flared end sections less than 24" in diameter do not need trash guards.
20. The FES 50 invert is too low. It shall be submerged a maximum of %2 the pipe diameter
(939.75). Also, the NWL shall not sit in the pipe past the first structure in the road.
21. For OCS structures, please include a note in the profile referencing to sheet 18 table for
structure details.
Intersection Construction Plan (Sheet 12)
22. 6" curb is required around all intersection radii as well as at catch basins. Some of the
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elevations do not reflect this.
23. Landings shall be shown with max. 2% in any direction prior to the steep approaches.
Turn Lane Construction Plan (Sheets 13-14)
24. A traffic control plan for the construction of the turn lane shall be included. Also, please
include a label on each sheet for the road (60th Street/C.S.A.H. 137).
25. Sheet 14 numbering appears to be mislabeled 13
Details (Sheets 15-18)
26. Please label the shouldering material to be used on the turn lane detail on sheet 18.
GRADING PLANS
Cover Sheet (Sheet 1)
27. No comments.
Grading and Erosion Control Plan (Sheets 2-5)
28. Include pond NWL, 2 -yr, 10 -yr and 100 -yr HWL elevations for all ponds.
29. Provide a clear "1St Addition" limits.
30. Verify the existing bottom elevation of the existing ditch where the outlet for the
wetland will be located. The plans indicate that the outlet will be placed at 939.3.
The intention of this outlet is to match the existing ditch bottom so the wetland is not
affected.
31. A number of high points are labeled as EOF's. Please revise these EOF labels to HP
or High Point instead where there is another higher point downstream that actually
controls. (See attached redline)
32. The need for ponds 4 and 5 need clarification. No storm water is being directed to
either pond.
33. Some wetland buffers are labeled 10' wide. Verify that there are other areas that provide
additional buffer area to provide the 20' average required.
34. The rear low opening for Lot 8, Block 5 shall be at or above 952.5 to provide 1.5' of
freeboard.
35. Assuming all site grading will take place in one phase, some sort outlets shall be installed
for Ponds 1, 4, and 5.
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36. Provide an elevation label at the front/rear setback lines on the lot lines between Lots 6-7,
Block 2 (final plat #s) and Lots 4-5, Block 3 (grading plan #s). These elevations shall
provide fall away from the lower house.
Street Profiles (Sheet 6)
37. No comments.
Details (Sheet 7)
38. No comments.
SURFACE WATER MANAGEMENT
39. No comments.
WETLANDS
40. No comments.
OTHER CONSIDERATIONS
41. A statement certifying the environmental condition of the site including the presence of
any hazardous substance as defined in Minnesota Statutes 115B.02, Subd 8 is required.
42. A separate development plan and tabulation shall be provided with Lot, Block, Garage
Floor Elevation, Lowest Floor Elevation, and Lowest Opening Elevation for each lot.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above items being addressed.
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A
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MINNESOTA V
APPLICANT: D.R. Horton, Inc.
16 Oct 18
FINDINGS & DECISION
FINAL PLAT
APPLICATION: Request for approval of a final plat to be known as Magnolia Landing.
CITY COUNCIL MEETING: 22 October 2018
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the West Sewer District and is guided for Medium -to -High Density
Residential land uses by the 2012 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-5, Residential Single and Two -Family District; single family dwellings
are a permitted use within the R-5 District.
D. A preliminary plat was approved by the City Council on 23 July 2018.
E. The proposed final plat consists of 27 single family lots, two outlots, and public rights-of-way.
F. The Request for Council action for the 22 October 2018 City Council meeting prepared by the
City Planner, The Planning Company LLC., is incorporated herein.
G. The Engineering Review dated October 17, 2018 prepared by the City Engineer, Hakanson
Anderson Associates, Inc., is incorporated herein.
H. Applications for final plat approval are processed in accordance with Section 10-5-3 of the
Subdivision Ordinance and do not require review by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby
APPROVED, subject to the following conditions:
1
2
3
Approval of the final plat shall be contingent upon City Council awarding a contract for a public
improvement project to construct the sewer lift station necessary to serve the final plat.
The developer shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City Council.
Lots within the final plat shall be subject to the following requirements:
1
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
CR 137
Wetland
Interior
9,000sf.
(net)
60ft.
100ft.
25ft. house
30ft. garage
7ft.
20ft.
65ft.
40ft.
Corner
80ft.
25ft.
1
4. Plans for street construction shall subject to review and approval of the City Engineer and shall
include installation and operation of street lights required by Section 8-8-4 of the City Code
and fabrication and installation of street signs.
5. Park and trail dedication requirements shall be satisfied by payment of a cash fee in lieu of
land in accordance with the City's fee schedule as provided for by the Development
Agreement.
6. The final plat shall be revised to separate Outlot A into two outlots; one outlot shall include the
wetlands, wetland buffers, and stormwater basins consistent with the preliminary plat and shall
be deeded to the City for stormwater management purposes with the second outlot
encompassing the remainder of the property to be final platted in future phases.
7. All grading, drainage, wetland, and erosion control issues are subject to review and approval
of the City Engineer; the developer shall pay stormwater area charges for Otsego Creek at the
time of final plat approval in accordance with the fee schedule then in effect.
8. All utility plans are subject to review and approval of the City Engineer; the developer shall pay
utility availability charges at the time of final plat approval in accordance with the fee schedule
then in effect.
9. All easements are subject to review and approval of the City Engineer.
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 22nd day of October, 2018.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2018-69
RESOLUTION APPROVING DEVELOPERS AGREEMENT- MAGNOLIA
LANDING
WHEREAS, D.R. Horton, Inc.- Minnesota has an approved Plat known as
MAGNOLIA LANDING; 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 D.R.
Horton, Inc.- 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 by the Otsego City Council this 22nd day of October, 2018.
ATTEST:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
MOTION made by Council Member and SECONDED by Council Member
IN FAVOR:
OPPOSED:
2
DEVELOPMENT AGREEMENT
MAGNOLIA LANDING
AGREEMENT entered into this day of November, 2018 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and D.R. Horton, Inc.- 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 MAGNOLIA LANDING. The legal description of the property
covered by this Agreement is as follows:
See Exhibit A.
The Plat contains twenty seven (27) single family residential lots. The plat is located within
the City's West Sewer District, is zoned R-5, Residential Single and Two Family District as
approved by Ordinance adopted by the City Council on July 23, 2018.
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.
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,
I
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 twenty seven (27) lots within the Plat does not occur until all required security has
been posted.
5. Changes in Official Controls. MAGNOLIA LANDING 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
MAGNOLIA LANDING 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, MAGNOLIA LANDING 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
MAGNOLIA LANDING, as prepared by Westwood Professional
Services, Inc. and as finally approved by the City Engineer.
Plan D Landscape Plan for MAGNOLIA LANDING, prepared by Westwood
Professional Services, Inc., and as finally approved by the City Zoning
Administrator.
0
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
I. Construction surveying and staking
J. Traffic control signs
Improvements shall be installed in accordance with City standards, the City Code, and the
above -referenced plans that have been furnished to the City and approved by the City
Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so by the City Engineer, and at the Developer's
expense, have one (1) or more City inspectors and a qualified engineer inspect the work.
Within thirty (30) days after the completion of the improvements and before all retained
security is released, the Developer shall supply the City with a complete set of reproducible
"as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file
or a .DXF file, all prepared in accordance with City standards. Before the security for the
completion of utilities is fully released, iron monuments shall be installed in accordance
with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to
the City certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships and other entities in
which such individuals have greater than a twenty five percent (25%) ownership interest or
in which they are an officer or director may not act as contractors or subcontractors for the
public improvements identified in Paragraph 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
A. Wright County for County Road access and work in County right of
way.
B. MNDOT for State Highway Access
C. MNDOT for work in right of way
D. Minnesota Department of Health for watermains
3
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 December 31, 2019, with the exception of the final wear course of asphalt on streets and
landscaping. The final wear course on streets shall be installed not later than October 15ffi
and in accordance with Section 17 of this Agreement. The Developer may request an
extension of time from the City to be submitted in writing to the City Clerk, for which said
extension shall be conditioned upon updating the security posted by Developer to reflect
cost increases and the extended completion date. Final wear course placement outside of the
above time frame must have the written approval of the City Engineer. The City may
impose additional conditions on the extension necessary to ensure performance.
12. Right of Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer thirty (30) business days notice stating the deficiencies and
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
pennits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
4
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice and opportunity to cure, take action as it deems
appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements or land owned by the
City. Within thirty (30) days after completion of grading and before any retained security is
fully released, the Developer shall provide the City with an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations of the following:
A. Cross sections of ponds
B. Location and elevations of swales and ditches
C. Lot corners and house pads
Occupancy permits shall not be issued by the Building Official until the grading and
drainage plan is certified as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work by the Developer, its agents or assigns.
16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
17. Streets. The Developer agrees to maintain the streets in the Plat until the
base course bituminous surfacing has been accepted by the City. Should the City be
required to grade the street prior to paving, the cost of such grading shall be paid by the
Developer and drawn from the Developer's letter of credit. Should snow plowing be
necessary prior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to
plow the street prior to acceptance, such work will be done upon agreement that the
Developer will hold harmless and indemnify the City from any and all liability claims
related to such work and pay all costs associated with that work. Any plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question.
I
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
seventy-five percent (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 seventy-five percent (75%) build out of
the Plat.
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, as set forth in the
Financial Summary, Exhibit B.
20. Sewer Availability Charges. The Sewer Availability Charges for this Plat
are as set forth in the Financial Summary, Exhibit B.
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 this Plat
are as set forth in the Financial Summary, Exhibit B. The Water Availability Charge
includes one additional unit for water service to Outlot B.
23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building pen -nit. The applicable amount due per unit shall be the fee per REC
unit in place at the time of application for a building permit. One unit connection fee for
Outlot B is to be paid with this Agreement.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is to
be satisfied by cash in lieu of land. The park dedication cash fee in lieu of land for the Plat
is set forth on the Financial Summary, Exhibit B.
I
25. Storm Water Management Fee. The Storm Water Management Fee for the
Plat is set forth on the Financial Summary, Exhibit B.
26. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City money for installation of traffic control signs (stop signs,
street signs, dead-end signs and wetland signs). Using these funds, the City shall purchase
and install the street and traffic control signs. The amount required is set forth on the
Financial Summary, Exhibit B
27. 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 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. The amount required for
street light construction is set forth on the Financial Summary, Exhibit B.
28. 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). The
required escrow is set forth on the Financial Summary, Exhibit B.
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.
29. 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 as set forth on the Financial Summary, Exhibit B.
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 the amount of warranty security as set forth on the Financial
Summary, Exhibit A. A warranty security shall be posted with the City as set forth in
Paragraph 33 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
8
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 tunes.
This security amount shall be submitted to the City prior to execution of the Agreement.
All administrative and legal fees related to plan review, drafting of this Agreement and any
other necessary items shall be paid to the City prior to execution of this Agreement.
The security for this Agreement shall be an Irrevocable Standby Letter of Credit with
automatic renewal provisions conforming to the requirements of this Paragraph or cash in
the amount as set forth on the Financial Summary, Exhibit B.
30. Landscaping. The Developer shall install trees upon each lot within the Plat
of a species approved by the Zoning Administrator in accordance with the landscape plan
approved with the preliminary plat. 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.
9
31. Significant Trees. There are no significant trees within the Phase. The
Developer is not required to replace any significant trees.
32. Meters. Meters shall be provided as per City policy.
33. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty workmanship for a period of one (1) year after its
completion and acceptance by the City, except for warranty on streets which is set forth in
Section 17 of this Agreement. The amount of posted warranty security for public
improvements to be posted by the Developer shall be in the amount of $185,970.00. 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.
34. 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.
35. 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:
A. Outlot B shall be conveyed to the established Homeowner's Association.
B. Outlot A shall be separated into Outlot A and Outlot C.
Ice
C. Outlot C shall be retained by Developer and used for future development.
D. Outlot A shall be conveyed to the City for drainage, stone water and utility
purposes.
E. City shall construct as a City project a new lift station on Outlot A to replace
the existing temporary lift station on Lot 11, Block 5 of Otsego Preserve 2nd
Addition. The new lift station will provide sanitary sewer service to Magnolia
Landing. The lift station will be a City project, subject to City Council approval. No
building permits shall be issued within Magnolia Landing until such time as the lift
station project is substantially complete, or until the City Engineer certifies in writing
that building permits can be issued.
36. 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
officers and employees for all costs, damages or expenses which the
City may pay or incur in consequence of such claims, including
attorney's fees.
C. The prevailing party shall reimburse the non -prevailing party for costs
incurred in the enforcement of this Agreement, including engineering
fees, attorney's fees, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt, unless the Developer is in good faith and with all due
diligence disputing the payment of the same. If the bills are not paid
on time, the City may, after notice and a reasonable period of time to
cure said default, halt all plat development work and construction,
including but not limited to the issuance of building permits for lots
which the Developers may or may not have sold, until all bills are paid
in full. Claims not paid within thirty (30) days shall accrue interest at
the rate of twelve percent (12%) per year.
11
37. Developer's Default. In the event of default by the Developer as to any of
the work to be perfonned 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.
38. 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 detennines 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.
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
12
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
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
13
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
39. 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: ,
. 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 90ffi Street NE, Otsego, MN 55330, Attention: City Clerk
14
re Y KrArel arel MD[K�7
M
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
D.R.1 •
:'
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 D.R. Horton,
Inc.- 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
I O111.��I17_\
The Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the
Southwest Quarter of Section 31, Township 121N, Range 23W, except the West 1070.0
feet of the Southwest Quarter of the Southwest Quarter of Section 31, Township 121,
Range 23, Wright County, Minnesota as measured at right angles to the West line thereof.
Subject to County Road No. 37.
Less and except those parts of the Southwest Quarter of the Southwest Quarter and the
Southeast Quarter of the Southwest Quarter of Section 31, Township 121, Range 23,
Wright County, Minnesota described as follows:
Beginning at the southeast corner of the West 1070.0 feet of said Southwest Quarter of the
Southwest Quarter; thence on an assumed bearing of North 0 degrees 00 minutes 10
seconds East along the east line of said West 1070.0 feet of the Southwest Quarter of the
Southwest Quarter, a distance of 681.50 feet; thence South 88 degrees 36 minutes 15
seconds East, a distance of 340.22 feet; thence South 0 degrees 31 minutes 41 seconds
West, a distance of 675.48 feet to the south line of said Southwest Quarter; thence North 89
degrees 36 minutes 55 seconds West along said south line, a distance of 333.93 feet to the
point of beginning.
17
EXHIBIT B
FINANCIAL SUMMARY
18
MAGNOLIA LANDING
EXHIBIT B
Summary of Financial Responsibility
Developer's Agreement
City of Otsego
D.R. Horton, Inc - Minnesota
Security - Letter of Credit
A. Site Grading, Erosion & Sediment Control and Wetland Protection
B. Sanitary Sewer - Lateral & Trunk
C. Watermain - Lateral & Trunk
D. Storm Sewer - Lateral
E. Streets
F. Engineering & Surveying Construction Services (6.5%)
G. Landscaping
Subtotal
Total Irrevocable Letter of Credit for Security (125% of Subtotal)
Escrow - Cash
A. Legal Service - 1.0% of $1,185,660.00
B. City Administrative - 1.0% of $1,185,660.00
C. City Construction Administration and Utility & Street Inspection
8% of $1,185,660.00
D. Trunk Water & Sewer Access Fees
E
F.
G
H
1. Trunk Sewer SAC
27 REC X $2,480 /REC
2. Trunk Water WAC
28 REC X $1,731 /REC
3. Trunk Water(WCC)
r
1 REC X $1,731 /REC
Trunk Storm Water Management Im act Fee
36.11 Net Ac X $3,427 /Net Acre
Park & Trail Dedication Fee
27 Units X $4,057 /Unit
Street & Traffic Control Signs
37 Signs X $250 /Sign
Street Lights
_
LA Lights X $500/light
GIS Data Entry Fee
F
42.4 1 Ac X $100 /Acre
Wetland Delineation Review
1 Review X $2,000 /Review
Total Escrow Cash
$108,300.00_
$383,840.00
$183,710.00
$218,590.00
$399,520.00
$80,580.00
$54,000.00
$1,428,540.00
$1,785,675.00
$11,857.00
$11,857.00
$94,853.00
$66,960.00
$48,468.00
$1,731.00
$123,714.70
$109,539.00
$9,250.00
$2,000.00
$4,240.00
$2,000.00
$486,469.70
PAGE 1 OF 2
10/17/2018
MAGNOLIA LANDING
EXHIBIT B
Summary of Financial Responsibility
Developer's Agreement
City of Otsego
D.R. Horton, Inc - Minnesota
III. Development Credits
A. Trunk Sanitary Sewer $0.00
B. Trunk Watermain $0.00
C. Trunk Storm Water Management $0.00
D. Park & Trail $0.00
E. Transportation Infastructure $0.00
Total Development Credits $0.00
IV. Development Warranty Letter of Credit
A. Sanitary Sewer
$383,840.00 x 15 % $57,576.00
B. Watermain
$183,710.00 x15% $27,556.50
C. Storm Sewer
$218,590.00 x 15 % $32,788.50
D. Streets
1,550 LF x $25/LF $38,750.00
E. Erosion & Sedimentation Control
27 Lot x $250/1-ot $6,750.00
Total Warranty Letter of Credit $163,421.00
PAGE 2OF2
10/17/2018
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 Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest Quarter of
Section 31, Township 121N, Range 23W, except the West 1070.0 feet of the Southwest Quarter of the Southwest Quarter of Section
31,Township 121, Range 23, Wright County, Minnesota as measured at right angles to the West line thereof. Subject to County Road
No. 37.
Less and except those parts of the Southwest Quarter of the Southwest Quarter and the Southeast Quarter of the Southwest
Quarter of Section 31, Township 121, Range 23, Wright County, Minnesota described as
follows.
Beginning at the southeast corner of the West 1070.00 feet of said Southwest Quarter of the Southwest Quarter, thence on an
assumed bearing of North 0 degrees 00 minutes 10 seconds East along the east line of said West 1070.00 feet of the Southwest
Quarter of the Southwest Quarter, a distance of 681.50 feet; thence South 88 degrees 36 minutes 15 seconds East, a distance of
340.22 feet, thence South 0 degrees 31 minutes 41 seconds West, a distance of 675.48 feet to the south line of said Southwest
Quarter thence North 89 degrees 36 minutes 55 seconds West along said south line, a distance of 333.93 feet to the point of
beginning.
Hos caused the same to be surveyed and platted as MAGNOIJA LANDING and does hereby dedicate to the public for public use the public
ways and the drainage and utility easements as created by this plot.
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 .
(Name printed)
D.R. HORTON, INC.—MINNESOTA
(Signature)
Its
(Title)
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.
Notary Public,
My Commission Expires
SURVEYORS DERRFICA TE
(S(gnnture)
(Nome Printed)
County,
1, Craig W. Morse, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land
Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey, that all mathematical data and
labels are correctly designated on this plat, that all monuments depicted on this plat have been, or will be correctly set within one year,
that all water boundaries and wet /ands, as defined in Minnesota Statutes, Section 50501, 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
Craig W. Morse, Licensed Land
Minnesota License No. 23021
20
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.
(Signature)
Notary Public,
My Commission Expires
(Name Printed)
County,
CITY COUNCIL CITY OF OTSEGO, MINNESOTA
This plat of MAGNOLIA LANDING 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
WRIGHT COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this
day of , 20
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
By
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 Number
Wright County Recorder
Westwood
Professional Services, Inc.
Sheet 1 of 5 sheets
MA GNOL/A LAND/NG
-1 Ll
G�\rn �n .i ', `C?
VI I'Kl�\ l r\l \IVi.�\,� , r ,.. ( ,� „ \\
,v
LJI
60 N89°4547"E 1579.64
237.1 a
� � \ Found Copped Pi 9/ Faund Iron
\
-Found 3/8' Rebar `�Faund Cepp, Pi `Found Copped Pipe; un r pe, °.
; PPe Pe:- eadable , / LS
un -readable
I un-reodob/e north line of the SE 114-'
----- L- 707000 - north line of the SW 7/4-' of the SW 1/4 of Sec. 31
\ , of the SW 1/4 0( Sec. 3I "_Oralnoge t& Utility
=23°56'54" h
«Found Ir -Pipe EasemenR=50.00
.�
IS ,#23021 _-Dret-g, & utility E e --t 20.90
,?=•^ o p -----------------------'`\ 56.41
T --_.--T- T I h N30°5337"W
7°13'34'E 378.36 8N88 --- 2
'C
-'--
0.00 _ 132.58 r 86.70 I r d=l1°58'77" 1 02"E 18787 - R=1900.00
y o \222.93 I w --R=600.00- R-50000 N84°32' 1 4.76' I 4=1i°24'35 o NOS°56"37"E� '
0
\ r r 4-B°76.46,•• 706.48-",-,--70447-- _ ------------7-
11.2
0.00
r - r 73.11 :N05°27'58"W L - T
._83°29'40"W IO o __ 18.47 -. _.---
w� ' - 11.23 Piss pa 1� >o /p ry
Found COFPed Pipe,*-" \ \ \ --- 3J.a i�'I 30 30 \ ae o�`s6o �op'•�56\
�'�I
\ •�
� Edg
R=5.00
e f Weil
oand
\ \ \ \ \
8.24 7.56
3 \ ^ \ _�o I,
utility Eas`amenr \"
o O U T L O T A
Z N51- el
A. I
\ \ / °y° / / 151"W 217.25
A �i i oM \\ u h°s° o�y/ I L it OUTLOT /A
� nI n' / �r oy yp \ \,/ `„/,\/\ \•qSS� ry°j ryry/ �-Ed of
\�
Al1 \ - \ \per / ��' +-Easement far Eleciric all.
✓ P� / - - \V/ Wetland Transmission Lines per Bk. 11 of
oh "I" Pg i & per Assignment &
Assumption Easements per j
ry0 2 ooh j N 7° \ / it Document No.e. 732312
o� \ 1
5�
`C
-%.-d WOPPed Pipe; \\\ / l� C ,
''L
- Drainage & Utility
o 3B9°2244"E 340.22 " \ - LSu,#11Iron 5233 PIPe 1 �ry `\ i \ / __ - --- Easement
r \ m 1 (S88°36'15'E DEED) S
0 A
1 c�ysl
r\ '
\ I� -
2
<> = 6 7
0
/ \ 1
7 6
1 0 o .J
i h
6 i\
\ 10
N \
----- - i
7
11
i \
i
27'00,' \
1 \/ -=1 r� J J ry
------- 1070.00____________-I CN='0620004"�I 589 °36
CB=N>°5637"W " --- / '`Edge of Wetland
SE Cor of the West \�`.
I'lo.oa a of the Sw f/4 .\ I S00 23'25E I! `. _________ W 2J2.87 --'
of the Set 1/4 of Sec. 31 \,\ .-soafh fine of the SW 1/4 / 14.97 3=_c_ _!-! ______.--
35"
- - - - - -\ -{ of the SW 1/4 of Sec. 31 Fo nd Iron Pipe - -60.00-��'
u �_ >L. 589°3635"W SB1.24
S89°3635"W 589.47 ._._�
LS ,#24992 �, ' ouch line f the SE 7/4 N89°3635"E
of the SW 1/4 of See. 3/ v
n
NO. 37J
-1,89°3635'E 333.93 60TH STREET NE (C.S.A.H.
_l r„cc, NE ,..,;.H. 11111%,01. S89°36'35'W 1230.54 r• .N .-: i
J
Cor of the 1,W ge. 0
Sec. 31, Twp. 121, Rge. 23
Found Y/right County
Cast Iron Monument
Vicinity Map
Not to Sca/e
7071 ST. NE -
67 1/
6771 ST NE
a NW 1/4
Z
¢ - +�
i
rx
i S W 7/4 I Q 1
� I
SE 1/4
60TH Sr. NE
SECTION 31, TOWNSHIP 121, RANGE 23
80 0 80 160 240
Scale in feet
Scale: 1 Inch = 80 Feet
BEARING ORIENTATION:
The South line of the Southeast Quarter of the
Southwest Quarter of Section 31, Township 121,
Range 23, is assumed to bear S 89°36'35" W
0 Denotes 112 inch by 14 inch iron rebar set
and marked by License No. 23021
• Denotes iron rebar found and marked as
shown
Q Denotes found Wright County Monument
viii STREET -
37)
Westwood
Professional Services, Inc.
Sheet 2 of 3 sheets
MA GNOL/A LAND/NG
4hti r �° fhl"esfP�g)�6� p
9•
/^ c I.�SSOe�,f eepse 3S•.
f O
Drainage and Utility Easements are shown thus:
ry�A
se5°50'25"w
37.50
BEARING ORlENTA 110N:
^
Q �\\ �� i �� I Ay �,p`s"ty Lire South line of the Southeast Quarter of the ----- � ----J L--- ------
/ t h Southwest Quarter of Section 31, Township 121,
0, Ronge 23, is assumed to bear S 89°36'35" W
(Not to Scale)
J \` �� Being 5 feet in width, unless otherwise indicated,
o 4=2°48'45" TB j a Denotes 7/2 inch en e inch iron rebor set and adjoining lot lines, and 10 feet in width and
and marked by License No. 23021 adjoining right-of-way lines as shown on the plat.
h0 / "� \ \ Jl / / Jpg p'D,h� • Denotes iron rebor found and marked as
✓/1\ 3 shown
1 / \\� 00 /O \g
Dr°m°ge Utility
found Wright County Monument
& l o sio 5
Z 40 0 40 80 120
Sbio
Scale in feet
S80 ?447E 748.50 v1 N�vry I
Scale: 1 loch = 40 Feet
I �
7�j \
v
25
s
25 L - 588°35'03"E 140.24
I
'7 I Drainage
25 r - - - - - - - - - - - - - --- I Utility Easement
L=7.85 / h' /tory /p,. ,. % 1°' 11" "s 161 45•�
'�-Droina & Utility�+ /Droinage &-'
'j
Easement 4,\ l l / /y\ Utility Easement
25
L -'-/- - --
N89°45'14"E 140.00
I �
y Sirs
r -------------t <, 9090., / // /
25 s I 31 57.42 - - - Gps'\ / / n=2°3651" / /6� / / Utility Easement
589°45"W
iR,29 ? , o \
ib o a,3g 330202 \\\ //LJi �^ R9 `�/ \\SO
2 � ♦16.421 9 \ / / O O 9 / \? I k' / \
25 1 N89°45'14'E 140.00 ( _ � r __ �-71,g3
0_25O7j40"'2F4\"\ '
°oo'00"
po
/ 99
/
Utility D
Ea--t
h0 s\
307. 6es& a2�q.Aa 4-4596 \\ p'/ k
Utility Eamt
—Orirtge7 < 9
'& Utility
moi �•:
1I
0Emep� \\O\s o o �=45°34'23"
R=40.00 \'/ o o
L=31.m °\� _ _ _ _ _1'
.
00 L-___-----
r t 1 y0 00� ^�� \0-� Drain°ge &Utility
80.65.28 00 1\X' Easement // 5, 129.25
00 a io i `�\ oOry/ / // // L=18.47__. 1/�/` '( / .� P try' 10 1 0
cor II /h I ro
- S8g°45Y4"w BD oo —�1,— of \\ �ryj // 0/ // 4=3°24'52" // // \\ 0 r / �t G� to�� / if I "i
o MARTIN AVENUE NE
68.00 1` L-44.;�5�\ u0
&utAlrY
Easement
dl 2 12 2 1
�I iE\
of 1 3
577547w /y� \\\\ �
57a \ 11 30 JD tl 1 11 i Utility Easement 110
L � `
'
I T Drainoga & Utility v ,�o v I h
Easement \ \ 1 I rnM L------J 4---1-i -- -J /
\ \ Droinage &utility 108.10 12477
"-D-)nage & Utility \flS \ Easement _
\ O
Easement \ \ \ \ �` I I o S89°36'35'"W 232.87
�_ __ -=3°06'13„
i --R=370.00 L=20.04
14.97_0 _ _____________ _ _ Westwood
\--__---- - - ---�—_-___--_1-_---_--_ SOO°23'25"E
0 22L24 0 0 1162.71 v '� 14.97
68.00 0 13752 ° �` 30.00 i 30.00
.................60.00...............
S89°36'35"W 589.47 -
Professional @NICCS,Inc.
°36"35"W
Sheet 3 of 3 sheets