ITEM 4.2 Nantucket Shoresi ' r'
OtsTY.F o
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR: MEETING DATE:
Planning
City Planner Licht 8 April 2019
PRESENTER(s)
REVIEWED BY: ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty 4.2 — Nantucket Shores
City Engineer Wagner
City Attorney MacArthur
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
of a release and declaration of a conservation easement, and execution of a development agreement.
Is a strong organization that is committed to leading the community through innovative
communication.
IS A PUBLIC HEARING REQUIRED?
Has proactively expanded infrastructure to responsibly provide core services.
Yes
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.
Council approved a preliminary plat and PUD -CUP on 27 April 2006.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends vacation of existing drainage and utility easements, approval of a final plat, approval
of a release and declaration of a conservation easement, and execution of a development agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
Yes
BACKGROUND/JUSTIFICATION:
Mr. John Lenz has submitted application for final plat approval of Nantucket Shores consisting of 14 lots
and 12 outlots. The proposed final plat is the third addition of Davis Mississippi Cove for which the City
Council approved a preliminary plat and PUD -CUP on 27 April 2006.
■ Zoning. The majority of the subject site is zoned R -C, Residential Rural Open Space Cluster District.
The R -C District allows single family dwellings as a permitted use at rural densities in conjunction
with permanent preservation of open space. Outlot L is zoned A-1, Agriculture Rural Service
District. The subject site is also within the Wild and Scenic Recreational River Overlay District,
which is a management district established by Minnesota Rules for natural resource protection of
the Mississippi River corridor.
■ Preliminary Plat Consistency. The final plat consists of 14 single family lots and 12 open space
outlots. The subdivision design of the proposed final plat is generally consistent with that of the
preliminary plat. Two changes to the final plat warrant attention.
The proposed final plat modifies the three open space outlots along the Mississippi River shoreline
approved with the preliminary plat as 11 outlots that will be owned by the abutting lots avoiding
the need for a homeowners association for ownership and maintenance. The depth of the outlots
is to include the 100 foot shoreland impact zone, which is a requirement for allowance of the
density included in the preliminary plat within the WS District. Outlots A through K must be
revised to maintain the same depth from the Ordinary High Water Level of the Mississippi River as
shown on the preliminary plat. A conservation easement will be established over the outlot
preventing construction of any structures and limiting grade alteration or removal of vegetation as
regulated under the WS District.
Lot 3, Block 3 of the proposed final plat was preliminary platted as an open space outlot with the
preliminary plat. The PUD -CUP amendment approved by the City Council on 13 November 2017
allowed for a transfer of a development right from the parcel included as Outlot L within the
proposed final plat to Lot 3, Block 3 to increase protection of Otsego Creek. Outlot L will be final
platted as permanent open space overlaid by conservation easement prohibiting placement of any
structures and limiting removal of vegetation or grade alterations.
■ Streets. The final plat will include construction of a local street between the current termini of 96th
Street and Nantucket Avenue. The street will have a 24 foot width with a rural paved section and
curb provided along the front of the lots. All street construction plans are subject to review and
approval of the City Engineer.
■ Lot Requirements. The R -C District requires lots to be at least 1.0 acres and not larger than 2.5
acres in acre to preserve open space. The required minimum lot width is 100 feet. Lots 1-9, Block
1 and Lots 1 and 2, Block 2 comply with these requirements. The area of Lots 1-9, Block 1 will be
reduced by revising the final plat to comply with the open space depth required by the preliminary
plat along the Mississippi River, but will still be more than 1.0 acre in area. Lot 1, Block 2 and Lot 3,
Block 3 were approved to exceed 2.5 acres in area under a PUD -CUP. Lot 10, Block 1 is proposed
to have an area of 3.01 acres by including the area of a stormwater basin within the lot. This
reduces the net area of the lot to less than 2.5 acres consistent with the intent of the R -C District.
The area of Lot 10, Block 1 will also be reduced by revising the final plat to increase the depth of
Outlot K as measured from the OHWL of the Mississippi River.
■ Setbacks. Lots within the R -C District are subject to the setback requirements as set forth by
Section 11-60-8.C.1 of the Zoning Ordinance as shown in the table below. Each of the lots has
adequate area within required setbacks to allow for construction of a single-family dwelling. The
100 foot setback from the OHWL of the Mississippi River required by Section 11-95-7.D.2 is to be
taken up by the depth of Outlots A -K consistent with the preliminary plat approval.
Front
I Side
I Rear
35ft.1
15ft.1
50ft.
■ Open Space. Section 11-60-7.A of the Zoning Ordinance requires developments within the R -C
District to provide for preservation of a minimum of 50 percent of the net area of the development
as permanent open space. The preliminary plat of Davis Mississippi Cove consisted 48.12 acres of
buildable area requiring preservation of 24.06 acres. The outlots and park dedication within the
preliminary plat preserved 24.09 acres of permanent open space. The proposed final plat reduces
the open space area provided by Outlots B, D, H, and I of the preliminary plat. Outlot L, which is to
be preserved in its entirety, will off -set the reduction in open space from the original preliminary
plat. The exact open space to be preserved is to be verified upon revision of Outlots A through K to
increase their depth to 100 feet as measured from the OHWL of the Mississippi River.
Landscaping. Section 11-19-2.13.1 of the Zoning Ordinance requires planting two deciduous shade
trees per lot. The trees will be installed as a condition of a certificate of occupancy during the
building process. A security is collected at the time each building permit is issued to guarantee that
the yard is sodded/seeded and the trees installed.
Park and Trail Dedication. Park and trail dedication requirements for the final plat established by
Section 10-8-15 of the Subdivision Ordinance for the Davis Mississippi Cove preliminary plat, which
includes the proposed final plat, were satisfied by dedication of Outlot B, Davis Mississippi Cove.
This 16.47 acre outlot is to be developed in the future as Davis Farm Park. No additional park
dedication is required for the proposed final plat.
Easements. The final plat illustrates drainage and utility easements at the perimeter of each single
family lot as required by Section 10-8-10.A of the Subdivision Ordinance. The final plat must be
revised to dedicate drainage and utility easements over all of Outlots A -L. All drainage and utility
easements are subject to review and approval of the City Engineer.
A drainage and utility easement were dedicated over all of Outlot B, D, and I, Davis Mississippi
Cove. It is necessary to vacate the existing drainage and utility easements and dedicate new
easement with the current final plat request. A public hearing to consider vacation of the existing
drainage and utility easements dedicated within these outlots has been noticed for this purpose.
The proposed drainage and utility easements to be dedicated with the final plat will supersede
existing drainage and utility easements and make it such that the existing easements no longer
serve a public purpose. All proposed drainage and utility easements on the final plat 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. All grading and drainage plans are subject to review and approval by the City
Engineer.
■ Utilities. The proposed single family lots are to be served by on-site septic and well systems. The
submitted plans illustrate a primary and secondary drainfield site for a septic system within each
lot as required by Section 9-5-5 of the City Code. All utility issues are subject to review and
approval of the City Engineer.
■ Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new
subdivisions. The need and location for street lighting is to be determined by the City Engineer.
The development agreement will provide for payment of a 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.
I SUPPORTING DOCUMENTS ATTACHED: I
■ Site location map
■ Engineering Review dated March 27, 2019
■ Resolution 2019-21 vacating existing drainage and utility easements
■ Findings of Fact and Decision
■ Resolution 2019-22 approving a development agreement
■ Development Agreement
■ Final Plat (2 sheets)
■ Release of Open Space Restrictions and Declaration of Open Space Restrictions
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: I
Motion to adopt Resolution 2019-21 vacating existing drainage and utility easements, approve the
Nantucket Shores Final Plat and Release and Declaration of Conservation Easements subject to the
conditions as outlined in the Findings of Fact and Decision as presented, and adopt Resolution 2019-22
approving a Development Agreement.
BUDGET INFORMATION
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Review No. 1
Hakanson
I-IIIAnderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
John & Kathy Lenz
Scott Dahlke, Civil Engineering Site Design
Reviewed by: Ronald J. Wagner
Brent M. Larson
Date: March 27, 2019
Proposed
Development: Nantucket Shores
Street Location A portion of the NE 1/a of Section 18, T121, R23. North
Of Property: of 95th Street NE and South of the Mississippi River.
Applicant: John & Kathy Lenz
Developer:
Owners of Record: John & Kathy Lenz
9568 Nantucket Avenue NE
Otsego, MN 55330
Purpose: Nantucket Shores is a proposed 14 single-family low density
residential lot development on approximately 39± acres in the City
of Otsego, Wright County, Minnesota. The proposed development
is unsewered on lots of one plus acres. The proposed development
will be served with municipal 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
PRELIMINARY PLAT
CONSTRUCTION PLANS
TITLE SHEET
PUD AMENDMENT DEVELOPMENT PLANS
PROJECT LAYOUT
GRADING PLAN
STREET AND STORM SEWER
EXISTING CONITIONS AND REMOVALS
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
DETAILS
STORM SEWER DESIGN/HYDROLOGY
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Site Development Plans for Nantucket Shores, dated 2/12/19, by Civil Engineering Site Design
Preliminary Plat for Nantucket Shores, dated 2/8/19, by Meyer-Rohlin Land Services
Storm Water Pipe Size Analysis, dated 2/12/19, by Civil Engineering Site Design
Davis Mississippi Coves (previous approved plans)
Final Plat for Davis Mississippi Cove, received 2/9/07, by Taylor Land Surveyors, Inc.
Final Plat for Davis Mississippi Cove 2"d Addition, received 2/9/07, by Taylor Land Surveyors,
Inc.
Grading, Street, and Storm Sewer Plans for Davis Mississippi Cove, 4/23/07, by Quality Site
Design, LLC
Storm Sewer Calculations for Davis Mississippi Cove, 4/13/07 revision, by Quality Site Design,
LLC
Drainage Analysis for Davis Mississippi Cove, dated 4/18/07, by Quality Site Design, LLC
Existing Conditions for Davis Mississippi Cove, 5/30/06, by Quality Site Design, LLC
Preliminary Site Plan for Davis Mississippi Cove, 5/30/06, by Quality Site Design, LLC
Preliminary Plat for Davis Mississippi Cove, 5/30/06, by Quality Site Design, LLC
Geotechnical Report for Mississippi Cove, dated 9/23/04, by Braun Intertec
Preliminary HydroCAD Report for Davis Mississippi Cove, 4/14/06 revision, by Quality Site
Design, LLC.
Environmental Investigation for Davis Mississippi Cove, 5/17/06, By Miller Environmental Inc.
Environmental Statement for Davis Mississippi Cove, 4/14/06, by Quality Site Design, LLC
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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PRELIMINARY PLAT
1. The preliminary plat for Davis Mississippi Coves, dated 5/30/2006 includes the area of
Nantucket Shores. Nantucket Shore generally agrees with this preliminary plat.
FINAL PLAT
2. The new Outlots along the river (A -K) shall start at the existing Davis Mississippi Coves
Outlot D edge.
3. All lots shall have a minimum 10' wide easement along lot lines adjacent to unplatted
land or Outlots not covered with drainage and utility easements (i.e. east property line of
Lot 1, Block 2).
4. The existing Blocks 83, 109 and 86 and the vacated streets within Outlot L shall be
vacated and cleaned up at this time.
CONSTRUCTION PLANS
Title Sheet
5. No comments.
PUD Amendment Development Plans
6. All sheets, include a benchmark description and elevation and datum (1929 NGVD) (all
sheets).
7. All sheets, the NWL, 2 -yr, 10 -yr, 100 -yr high water levels shall be labeled for all existing
ponds, wetlands, the creek and the Mississippi River (only the 100 -yr HWL for the river
is needed).
8. Development Plan shall include the following;
a. Denote House Type and Garage Floor, Lowest Opening, and Lowest Floor
elevations by Block and Lot. A separate (pdf. word or excel) document must be
provided listing house type, Garage Floor, Lowest Floor, and Lowest opening
elevations by Block and Lot. A legend should be include for abbreviations for
house types.
b. Proposed drainage arrows or proposed contours are required.
c. Include drainage arrows (no existing or proposed contours should be shown).
d. Proposed finished grade street centerline elevations and gradients shall be shown.
e. Elevations at lot corners shall be called out.
f. Emergency Overflow (EOF) elevations shall be called out on the plan.
g. Setback lines (with dimension) shall be shown or called out.
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Project Layout
9. The entire project area cannot be seen on this plan sheet (missing SE area, Lot 1, Block
2).
10. We recommend showing the proposed contours as well or eliminating all contours on this
sheet.
11. The NWL, 2 -yr, 10 -yr, 100 -yr high water levels shall be labeled for all existing ponds,
wetlands, the creek and the Mississippi River (only the 100 -yr HWL for the river is
needed).
12. The street centerline horizontal curve information is required to be in the plans. All
curves shall have a minimum of 250' radii.
Grading Plan
13. The Davis Mississippi Coves plans and stormwater model shows an 8' x 10' emergency
overflow outlet for the for the Existing Pond (#3). The report model also has an
infiltration rate of 0.8"/hr being modeled. This pond was never as -built with Davis
Mississippi Coves and therefore the grading will need to be as -built with Nantucket
Shores if it is to be used. We need to verify that the pond was graded property, the berm
is at the right height, the overflow is properly constructed and the infiltration rates shall
be verified in the field. The designed EOF for the pond is 879.30 therefore the lowest
opening allowed for the adjacent house on Lot 10, Block 1 = 880.8.
14. Some of the line types being used are not shown in the legend (i.e. easements, setbacks,
wetland edges, etc)
15. It appears that there is a flat area located on east side of Lot 3, Block 3, outside of the
ROW, where proposed elevation of 882' is shown. Please add elevation points to ensure
drainage to street.
16. The water from the west side of the house on Lot 1, Block 1 is being pushed on to the
adjacent existing lot to the west. This drainage shall be directed towards the street or
down the property line easement and to the north.
17. A berm shall be added within the ditch on both sides of the street near 58+50. This berm
is intended to catch and direct runoff to the CB 32 and FES B I. A berm should also be
graded east of CB 31, so the ditch runoff does not go directly into the pond to the east.
Street and Storm Sewer
18. Restoration of the area where the existing temporary cul-de-sac is removed will be
necessary.
19. EX CB 144 may require a drive -over casting (Neenah 3501) if it is in or too close to the
driveway.
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20. Sufficient pipe cover from FES -B 1 to CB -31 may be hard to obtain. Consider using a
catch basin in place of a flared end at the location of FES -B 1.
21. Articulated concrete block shall be shown at the location of FES -A1.
22. Please provide infiltration rates for the existing pond if it will be utilized as an infiltration
basin.
23.
Existing Conditions and Removals
24. The existing conditions shall include the following:
a. Show and label widths of existing streets and show buildings, etc within 150' of the
project boundary.
b. Location, size, and elevations of existing sewers, culverts, and other underground
facilities within 150' boundary.
c. Boundary lines of adjoining unsubdivided or subdivided land, identified by name and
ownership within 150'.
d. Minimum of NWL and 100 -year flood elevations for all storm ponds, wetlands, creeks
and rivers shall be shown.
e. The proposed existing well locations within 150' of the project boundary shall be shown.
Storm Water Pollution Prevention Plan
25. This section of the Mississippi River is a "special water" and additional measures and
BMPs are required. Typically, the time frames that things need to be completed and
restored are accelerated. Please verify that these are addressed in the SWPPP.
Details
26. Show recommended R -Value from soils engineer that was used to determine proposed
street sections.
STORM SEWER DESIGN/HYDROLOGY
27. A Stormwater Management Report was submitted and found acceptable with the Davis
Mississippi Coves plat. Verify that this report designed for the Nantucket Shores project
at full build out.
WETLANDS
28. A Wetland Determination is required. The previous Davis Mississippi Coves delineations
are expired and are no longer valid for the current plat.
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OTHER CONSIDERATIONS
29. A geotechnical report with a recommended "R" value for the street design shall be
submitted.
30. 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.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above items being addressed.
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RESOLUTION NO.: 2019 - 21
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS DEDICATED WITH THE PLAT OF NANTUCKET SHORES
WHEREAS, easements were dedicated for public drainage and utility purposes
as described by Exhibit A within the plat of Davis Mississippi Cove; and,
WHEREAS, the proposed final plat of Nantucket Shores includes dedication of
drainage and utility easements required by Section 21-7-15 of the Subdivision
Ordinance; and,
WHEREAS, the dedication of drainage and utility easements with the final plat of
Nantucket Shores supersede and make unnecessary those easements described by
Exhibit A; and,
WHEREAS, John F. Lenz Revocable Trust has applied for vacation of the
drainage and utility easement described by Exhibit A; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 8
April 2019 to consider the vacation, preceded by required published and mailed legal
notice; and,
WHEREAS, the City Council heard all parties interested therein and closed the
public hearing; and,
WHEREAS, the drainage and utility easements described by Exhibit A serve no
useful public purpose; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating the existing
drainage and utility easement as shown on Exhibit A would be in the public interest;
and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
That the drainage and utility easements located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A are hereby vacated.
2. The City Council hereby determines that the vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 8t" day of April,
2019.
ATTEST:
Tami Loff, City Clerk
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
2
3 Apr 19
01 SIiY 41
FII FJ I�'i dO TA
FINDINGS OF FACT AND DECISION
APPLICANT: John F. Lenz Revocable Trust
APPLICATION: Request for approval of a final plat to be known as Nantucket Shores.
CITY COUNCIL MEETING: 8 April 2019
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 described by Exhibit A.
B. The subject site is guided by the 2012 Comprehensive Plan for rural residential uses within
the Rural Residential Preserve Area.
C. The subject site is zoned R -C, Residential Rural Open Space Cluster District.
D. The City Council approved an application for preliminary plat and PUD -CUP on 27 April
2006.
E. The applicant is proposing a final plat of 14 single family lots and 12 outlots.
F. The Request for Council Action dated 8 April 2019 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated March 27, 2019 prepared by the City Engineer, Hakanson
Anderson Inc., is incorporated herein.
H. Final plat applications are processed in accordance with Section 10-3-3 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. All street construction plans shall be subject to review and approval by the City Engineer.
3. All utility issues shall be subject to review and approval of the City Engineer.
4. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
5. 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.
6. Conservation easements shall be recorded over Outlots A -L prohibiting construction of any
structures; alteration of the grade or removal of vegetation within these outlots shall be
subject to the provisions of the Wild and Scenic Recreational River District adopted as
Chapter 95 of the Zoning Ordinance.
7. Drainage and utility easements shall be dedicated over all of Outlots A -L; all drainage and
utility easements shall be subject to review and approval of the City Engineer.
8. The final plat shall be revised such that the depth of Outlots A -K as measured from the
Ordinary High Water Level of the Mississippi River are consistent with the depth of Outlots B
and D as shown on the preliminary plat and final plat of Davis Mississippi Cove, subject to
review and approval of City staff.
9. The final plat shall provide for preservation of a minimum of 50 percent of the net area of the
Davis Mississippi Cove preliminary plat as permanent open space as required by Section 11-
60-7.A of the Zoning Ordinance.
10. The lots within the final plat shall comply with the lot requirements of the R -C District as set
forth in Section 11-60-8 of the Zoning Ordinance.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 8th day of April, 2019.
Attest:
Tami Loff, City Clerk
2
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-22
RESOLUTION APPROVING DEVELOPERS AGREEMENT -
NANTUCKET SHORES
WHEREAS, John F. Lenz as Trustee of the John F. Lenz Revocable Trust Dated
August 19, 1999 has an approved Plat known as NANTUCKET SHORES; and
WHEREAS, the approved Plat requires construction of public improvements and
payment of City costs and fees; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
The attached Developers Agreement between the City of Otsego and the
John F. Lenz Revocable Trust Dated August 19, 1999 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 8th day of April, 2019 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
2
DEVELOPMENT AGREEMENT
NANTUCKET SHORES
AGREEMENT entered into this day of April, 2019 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and John F. Lenz as Trustee of the John F. Lenz Revocable Trust Dated August
19, 1999 ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve a plat entitled NANTUCKET SHORES (referred to in this
Agreement as "the Plat") and legally described as follows:
See Exhibit A.
The plat contains fourteen (14) single family residential lots. The plat is zoned R-3,
Residential Long Range Urban Service District as approved by Ordinance 2017 -XX
adopted by the City Council on November 13, 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 Plat with the Wright County Recorder or Registrar of titles within one
hundred (100) days after the City Council approves the final plat. The Developer shall
cooperate with the City in recording the Plat and all required additional deeds and
documents and providing assurance that the Plat and all required documents have been
properly and timely recorded. Any restrictive covenants for the Plat shall be submitted to
the City Attorney for approval and shall be recorded prior to sale of any lots within the Plat.
1
3. Right to Proceed. Within the Plat or land to be platted, 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) the
Plat and this Agreement have 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. Sanitary sewer service is not available
to the fourteen (14) lots within the Plat. Subsurface sewage treatment systems shall be
provided for each lot in accordance with Chapter 4, Section 3 of the Otsego City Code.
5. Changes in Official Controls. NANTUCKET SHORES 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 future
phases of NANTUCKET SHORES 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, NANTUCKET SHORES, dated 2019
prepared by Meyer-Rohlin Land Services.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Meyer-
Rohlin Land Services and as finally approved by the City Engineer.
Plan C Construction Plans for NANTUCKET SHORES, prepared by Meyer-
Rohlin Land Services and as finally approved by the City Engineer.
Plan D Specifications for NANTUCKET SHORES, prepared by Meyer-
Rohlin Land Services, and as finally approved by the City Engineer.
2
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Storm water management improvements
F. Setting of lot and block monuments
G. Construction surveying and staking
H. 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, 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:
3
A. Wright County for County Road access and work in County right of
way.
B. MNDOT for State Highway Access
C. MNDOT for work in right of way
D. Minnesota Department of Health for watermains
E. MPCA NPDES Permit for construction activity
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 May 1, 2020. 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 fifteen (15) business days notice stating the deficiencies and
4
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
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, 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 applied. Should the City be required to grade
s
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. The City agrees to plow the streets within the Plat
once the bituminous base course has been placed, but prior to City acceptance of the
Street(s). All work done by the City, prior to formal acceptance will be done upon
agreement herein that the Developer will hold harmless, defend and fully indemnify the
City from any and all liability claims of whatever nature related to or arising from 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.
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 (2) 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
that 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 shall be
paid prior to the City executing the plat and this Agreement. Said fee shall be one percent
(1%) of the estimated construction costs of the improvements within the plat, or
alternatively a minimum fee. The administrative fee for this Plat is as set forth in the
attached Financial Summary Exhibit B. This fee is immediately available to the City upon
establishment of the escrow.
20. Sewer Availability Fees. Wastewater treatment is provided by an on- site
septic system conforming to State, County and City statutes, rules and regulations. There is
no City Sewer Availability Fee.
21. Sewer Connection Fees. Wastewater treatment is provided by an on-site
septic system conforming to State, County and City statutes, rules and regulations. There is
no City Sewer Connection Fee.
6
22. Water Availability Fees. Water is provided by private wells conforming to
State, County and City statutes, rules and regulations. There is no City Water Availability
Fee.
23. Water Hookup Fees. Water is provided by private wells conforming to
State, County and City statutes, rules and regulations. There is no City Water Hookup Fee.
24. Park and Trail Dedication. The Park and Trail fee requirement were
satisfied by dedication of Outlot B, Davis Mississippi Cove. This 16.47 acre outlot is to
be developed in the future as Davis Farm Park. No additional park dedication is required
for the proposed final plat.
25. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City for installation of traffic control signs (stop signs, street
signs, dead-end signs). The said amount is as set forth on the attached Financial Summary
Exhibit B. Using these funds, the City shall purchase and install the street and traffic control
signs.
26. 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
of payment for operation and maintenance of street lights, the Developer shall submit a fee
as set forth n the attached Financial Summary Exhibit B. The operation and maintenance of
the street lights by the City shall not commence until such time as the Plat is accepted by the
City and is formally recorded. Street lighting shall conform to adopted City Code.
27. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration. City 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 estimated to be three percent (3%) of the
estimated construction cost of the 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 estimated to be five percent (5%) of the estimated construction cost of the
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.
The escrow and fee account shall also include estimated fees for Legal
expenses actually incurred, 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 set forth on the attached Financial Summary
Exhibit B.
All administrative and legal fees related to plan review, drafting of this Agreement and any
other necessary items shall be paid to the City prior to execution of the Plat and this
Agreement. Any amounts for legal and engineering and Wetland Delineation Review 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.
28. 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 other "security" in the amount as set forth on the attached 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 December 31, 2020 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 in the attached
s
Financial Summary Exhibit B. A warranty security shall be posted with the City as set forth
in paragraph 32 of this Agreement.
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 Plat and 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 the
plat and this Agreement.
The security for this Agreement shall be cash or Irrevocable Standby Letter of Credit in the
amount as set forth in the attached Financial Summary Exhibit B.
29. Landscaping. The Developer shall install two (two) 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
fails to install landscaping according to this Agreement. Landscaping security to insure
compliance with the approved Landscape Plan shall be $ 1,000 per lot to 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. 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 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
0J
(12) months after planting. Any replacement shall be warranted for twelve (12) months
from the time of planting.
30. Significant Trees. There are no significant trees within the Plat. The
Developer is not required to replace any significant trees.
31. 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 warrant 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 as set forth in the
attached Financial Summary Exhibit B. 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.
32. 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, 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.
33. 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: None.
34. Responsibility for Costs.
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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. 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 Developer shall reimburse the City 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. If the bills are not paid on time, the City may 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.
35. 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. 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 sole 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.
36. Miscellaneous.
A. The Developer represents to the City that the plat complies with all
City, County, State, and Federal laws and regulations, including but
not limited to, Subdivision Ordinances, Zoning Ordinances, and
11
environmental regulations except where specifically excluded by this
agreement. If the City determines that the Plat 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
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
12
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
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
37. 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: John F.
13
Lenz, Trustee, Otsego, MN 55330. 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 90' Street NE,
Otsego, MN 55330, Attention: City Clerk
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
JOHN F. LENZ, AS TRUSTEE OF THE JOHN F.
LENZ REVOCABLE TRUST DATED AUGUST 19, 1999
John F. Lenz, Trustee
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2019, 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
14
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2019, by John F. Lenz, Trustee of the John F. Lenz Revocable Trust
Dated August 19, 1999, with authority.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
15
Notary Public
EXHIBIT A- LEGAL DESCRIPTION
Outlot B, Outlot C, Outlot D, Outlot E, Outlot F, Outlot H, Outlot I, Outlot J, and Lot 2,
Block 5, all in DAVIS MISSISSIPPI COVE according to the recorded plat thereof, Wright
County, Minnesota.
That part of Government Lot3, Section 17, Township 121, Range 23, Wright County,
Minnesota being part of the Townsite of Otsego, according to the recorded plat thereof,
described as follows: Beginning at the southeast corner of DAVIS MISSISSIPPI COVE,
according to the recorded plat thereof, also being the northeast corner of GRUPA'S
ADDITION, according to the recorded plat thereof; thence on an assumed bearing of South
1 degree 17 minutes 26 seconds East, along the east line of said GRUPA' S ADDITION, a
distance of 3.83 feet; thence North 63 degrees, 52 minutes, 17 seconds East, a distance of
10.22 feet; thence South 84 degrees, 03 minutes, 11 seconds East, a distance of 15.90 feet;
thence North 57 degrees, 57 minutes, 17 seconds East, a distance of 10.49 feet; thence
North 46 degrees, 46 minutes, 17 seconds East, a distance of 44.95 feet; thence North 31
degrees, 25 minutes, 40 seconds East, a distance of 17.43 feet; thence North 6 degrees, 59
minutes, 03 seconds West, a distance24.42 feet; thence North 25 degrees, 28 minutes, 55
seconds West, a distance of 8.40 feet; thence North 75 degrees, 30 minutes, 08 seconds
East, a distance of 379.80 feet to the west line E Street of said Townsite of Otsego; thence
North 1 degree, 05 minutes, 42 seconds west, along said west line of E Street, a distance
396 feet more or less to the shoreline of the Mississippi River; thence northwesterly along
said shoreline, a distance of 467 feet, more or less, to the east line of said DAVIS
MISSISSIPPI COVE; thence South 1 degree, 17 minutes, 26 seconds East along said East
line, a distance of 707 feet, more or less, to the point of beginning.
16
EXHIBIT B- FINANCIAL SUMMARY (ATTACHED)
17
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RELEASE OF CERTAIN OPEN SPACE RESTRICTIONS AND DECLARATION OF OPEN SPACE RESTRICTIONS
ON CERTAIN PROPERTY WITHIN NANTUCKET SHORES
THIS RELEASE AND DECLARATION OF PERMANENT OPEN SPACE (the Declaration) is made this _ day
of April, 2019 by John F. Lenz as Trustee of the John F. Lenz Revocable Trust Dated August 19, 1999 (the
TRUST), a Minnesota Revocable Trust and the City of Otsego (CITY), a Minnesota municipal corporation.
RECITALS
A. Open Space Declarations were placed against OUTLOTS B,D,G,H,I and K of DAVIS MISSIPPI COVE
pursuant to that Permanent Open Space Declaration dated August 22, 2006 and recorded on
August 31, 2006 as Document No. A 1023815 at the Office of the Wright County Recorder,
Wright County, Minnesota.
B. The Open Space Restrictions were required by the City of Otsego (CITY) as a condition of
approval of a Planned Unit Development and the Plat of DAVIS MISSISSIPPI COVE.
C. At the time the Declaration was executed OUTLOTS B, D, I and K, DAVIS MISSISSIPPI COVE were
owned by Mississippi 39, LLC, who signed the Declaration, and OUTLOTS G and H, DAVIS
MISSISSIPPI COVE were owned by the TRUST.
D. The TRUST subsequently acquired and currently owns OUTLOTS B, D, and I, DAVIS MISSISSIPPI
COVE.
E. The TRUST has assembled and platted certain of the affected OUTLOTS within DAVIS MISSISSIPPI
COVE (OUTLOTS B, C, D, E, F, H and 1) as a portion of NANTUCKET SHORES.
F. Within the Plat of NANTUCKET SHORES the TRUST has created certain OUTLOTS (OUTLOTS A, B,
C, D, E, F, G, H, I, J, K and L, NANTUCKET SHORES) which the CITY will require open space
restrictions upon.
G. Due to the platting of NANTUCKET SHORES and the declaration of open space restrictions upon
the OUTLOTS within NANTUCKET SHORES listed above the CITY no longer requires the open
space restrictions previously placed against OUTLOTS B, D, H, and I of DAVIS MISSISSIPPI COVE.
RELEASE
CITY hereby releases TRUST, its heirs, assigns and successors in interest from those Open Space
Restrictions against OUTLOTS B,D,H and I, DAVIS MISSISSIPPI COVE as set forth in that document titled
Permanent Open Space Declaration dated August 22, 2006 and recorded on August 31, 2006 as
Document No. A1023815 at the Office of the County Recorder, Wright County, Minnesota. Any property
not specifically released in this document is still subject to the terms and conditions of the document
referenced above.
RESTRICTIONS
The TRUST as Declarant hereby makes the following declarations of restrictions limiting the use of the
following described property; OUTLOT A, OUTLOT B, OUTLOT C, OUTLOT D, OUTLOT D, OUTLOT E,
OUTLOT F, OUTLOT G, OUTLOT H, OUTLOT I, OUTLOT J, OUTLOT K and OUTLOT L, all of the Plat of
NANTUCKET SHORES as recorded at the Office of the County Recorder, Wright County, Minnesota.
1. Declarant, its heirs, assigns and successors shall not further subdivide the properties described
herein.
2. Declarant, its heirs, assigns and successors in interest shall not construct any new structures on
the property, except as may be permitted by future amendment to the City of Otsego Zoning
Ordinance specifically related to the properties.
3. Declarant, its heirs, assigns and successors in interest agree to preserve the properties as
permanent open space.
4. Any conveyance of the properties shall include a deed restriction indicating that the properties
may only be used for the above- mentioned purposes forever.
5. These restrictions shall run with the properties in perpetuity.
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
JOHN F. LENZ, AS TRUSTEE OF THE JOHN F. LENZ REVOCABLE TRUST UNDER AGREEMENT DATED
AUGUST 19, 1999
John F. Lenz, Trustee
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _ day of April, 2019, by Jessica Stockamp,
Mayor and Tami Loff, City Clerk of the City of Otsego, a municipal corporation under the laws of the
State of Minnesota with authority.
NOTARY PUBLIC
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _ day of April, 2019, by John F. Lenz as
Trustee of the John F. Lenz Revocable Trust Under Agreement Dated August 19, 1999, with authority.
NOTARY PUBLIC
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
Suite 103
3601 Thurston Avenue N.
Anoka, MN 55303
763-231-5850
4