Loading...
ITEM 3.11 Harvest Run EastTY 06eOF go MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 9 March 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Engineer Wagner Emeritus City Attorney MacArthur 3.11— Harvest Run East STRATEGIC VISION MEETS: THE CITY OF OTSEGO: 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 RECOMMENDATION: City staff recommends approval of a revised final plat and execution of a development agreement for Harvest Run East. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Capstone Homes received preliminary plat approval for Harvest Run East, located east of Queens Avenue and south of 65th Street abutting Harvest Run, Riverpointe, Wokson Hills, and Autumn Woods, on 13 May 2019 and final plat approval on 28 October 2019. The approved final plat consists of 35 single family lots and 8 outlots. The developer has revised the final plat to increase the number of lots by 15 for a total of 50 within the first phase. The revisions to the proposed first phase of Harvest Run East require consideration of an amendment to the final plat approval. ■ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Single family lots are a permitted use within the R-5 District. ■ Preliminary Plat Consistency. The final plat consists of 50 single family lots accessed by public streets in a configuration consistent with the preliminary plat. The preliminary plat approval includes a PUD-CUP to allow for various lot widths/areas to expand housing choices within the development. The revised preliminary plat a larger number of both single family villa and single family dwellings. Lot Requirements. The preliminary plat and PUD-CUP 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. Lot Lot Lot Setbacks Front Side Rear Wetland Area Width Depth Blk 1 NA. 54ft. 25ft. house Lots 1-7, Blk 2 30ft. garage 7ft. Lots 8-11, Blk 2 Interior 9,OOOsf. 64ft. Corner 100ft. Lots 3-9, Blk 3 Interior 75ft. Lots 1-2, Blk 4 12,OOOsf. 20ft. 40ft. Corner Lots 1-9, Blk 6 100ft. Lot 1, Blk 8 35ft. 10ft. Lots 1-2, Blk 3 Blk 5 18,OOOsf. 100ft. 150ft. Lots 1-2, Blk 7 Streets. The proposed lots will be accessed by local public streets entering the development from Queens Avenue, Quenroe Avenue, and Quiley Avenue. The preliminary plat approval included a condition that the City Engineer may limit access to the development by construction traffic from Quenroe Avenue or Quiley Avenue to minimize intrusion into existing residential neighborhoods. This issue will be reviewed by the City Engineer and discussed at the preconstruction meeting held with the developer and their contractors prior to work commencing. All of the proposed local streets are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. Temporary cul-de-sacs overlaid by temporary easement will be required at the north terminus of Quin Avenue and the east terminus of 615t Street. A 5 foot concrete sidewalk is to be constructed on one side of all streets. Street names shown on the final plat are designated in accordance with Section 10-8-10.B.13 of the Subdivision Ordinance and the Wright County grid system. All street designs, construction plans, and street names are subject to review and approval by the City Engineer. Street lights. Section 8-8-4 of the City Code specifies installation of street lighting for new subdivisions at the corners of intersecting streets and midblock locations for blocks longer than 900 feet within the final plat. The number and location of proposed street lights is subject to review and approval of the City Engineer. The development contract provides for payment of the street light operation fee of as established by the City Code. Landscaping. The developer submitted a landscape plan for the preliminary plat that has been approved as compliant with Sections 11-19-2.13 and C of the Zoning Ordinance. The developer will install the landscaping as shown on the approved plan within the final plat as construction of houses on each lot progresses. The security for the landscaping will be collected at the time of building permit for each lot. The preliminary plat approval required installation of a landscape buffer yard meeting the requirements of Section 11-19-3.6 of the Zoning Ordinance in the rear yards of the lots within Block 5, which have double frontage to Quilley Avenue and Quenroe Avenue. There are existing deciduous trees along the west plat line that may be preserved to provide screening. To this end, only a single row of evergreen trees spaced 15 feet on center is to be required on the interior side of the existing tree stand. The landscape plan is to be revised to illustrate the row of evergreen trees, which may be installed at the time of house construction for each lot. 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 10-8-12.A of the Subdivision Ordinance. All drainage and utility easements are subject to approval of the City Engineer. Outlots. The proposed final plat includes 8 outlots described in the table below. Outlot A is subject to a court action disputing the boundary of the subject site. The developer will either convey Outlot A to the abutting property owner or it will be conveyed by administrative subdivision prior to recording the final plat. Outlot Purpose Ownership A, E, F Property remnants Convey to abutting property owners B, C, D Stormwater basins Deed to City G, H Future phases Developer ■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed final plat. All grading, drainage, and erosion control plans are subject to review and approval by the City Engineer. ■ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability Charges at the time of final plat approval as outlined Financial Summary exhibit included 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. ■ Park and Trail Dedication. The preliminary plat does not include dedication of land for public parks. Park dedication requirements for the proposed final plat are to be met as a cash fee in lieu of land. 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. ■ Development Agreement. The City Attorney has revised the development agreement related to the proposed final plat revisions 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. Section 11-5-3-13.8 of the Subdivision Ordinance requires recording of the final plat within 100 days of City Council approval. I SUPPORTING DOCUMENTS ATTACHED: I ■ Site location map ■ Findings of Fact and Decision ■ Resolution 2020-17 approving a development agreement ■ Development agreement ■ Site plan ■ Landscape plan (3 sheets) ■ Final plat (4 sheets) P(ISGIRI F MOTInN PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a revised final plat for Harvest Run East and adopt Resolution 2020-17 approving a development agreement. RI IIIC.FT INFf1RMAT1()N FUNDING: BUDGETED: N/A `� LLI LLJ 28 Feb 20 l.IIV 401 F NINH[607A, FINDINGS OF FACT AND DECISION APPLICANT: Capstone Harvest Run, LLC APPLICATION: Request for final plat approval of Harvest Run East. CITY COUNCIL MEETING: 9 March 2020 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 described by Exhibit A. B. The property lies within the East Sewer Service District and is guided for low density residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-5, Single and Two Family Residential District, which allows single family dwellings as a permitted use. D. The City Council approved application for preliminary plat approval and a PUD-CUP on 13 May 2019. E. The City Council approved application for final plat approval on 28 October 2019. F. The applicant is proposing a revision of the approved final plat to increase the number of single family lots to 50 and 8 outlots. G. The Request for Council Action dated 9 March 2020 prepared by the City Planner, The Planning Company LLC, is incorporated herein. H. The Engineering Review dated March 3, 2020 prepared by the City Engineer, Hakanson Anderson Inc., is incorporated herein. 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 of the lots within the Harvest Run East Final Plat shall comply with the following minimum setbacks: 1 Lot Lot Lot Setbacks Front Side Rear Wetland Area Width Depth Blk 1 NA. 54ft. 25ft. house Lots 1-7, Blk 2 30ft. garage 7ft. Lots 8-11, Blk 2 Interior g,000sf. 64ft. Corner 100ft. Lots 3-9, Blk 3 Interior 75ft. Corner Lots 1-2, Blk 4 12,000sf. 20ft. 40ft. Lots 1-9, Blk 6 100ft. Lot 1, Blk 8 35ft. 1Oft. Lots 1-2, Blk 3 Blk 5 Lots 1-2, Blk 7 18,000sf. 100ft. 150ft. 3. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject to review and approval by the City Engineer. 4. Street lighting shall be installed within the final plat in accordance with Title 8, Chapter 8 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. 5. The landscape plan shall be revised to provide for a single row of evergreen trees spaced 15 feet on center along the interior side of the existing tree stand in the rear yards of the lots within Block 5, subject to review and approval of the Zoning Administrator. 6. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. 7. The applicant shall pay applicable utility availability charges upon approval of the final plat and pay utility connection charges at the time a building permit is issued for each lot based on the current fee in effect at that time. 8. All easements are subject to review and approval of the City Engineer. 9. Outlots B, C, and D shall be deeded to the City for stormwater management purposes in accordance with Section 10-8-12.D of the Subdivision Ordinance. 10. Outlots A, E and F shall be conveyed to the abutting property owners concurrent with the recording of the final plat. 11. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of land as set forth in the development agreement. 12. The final plat shall be recorded by 17 June 2020 as provided for Section 10-5-3.13.8 of the Subdivision Ordinance. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 ADOPTED by the City Council of the City of Otsego this 9t" day of March, 2020. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk Review No. 3 �Halcanson 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 Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Brian Krystofiak, P.E., Carlson McCain Steve Bona, Capstone Harvest Run, LLC Heather Lorch, Capstone Harvest Run, LLC Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Sam Morse Date: March 3, 2020 Proposed Development: Harvest Run East I" Addition Street Location A portion of the SE 1/a of Section 35, T121, R23 and a portion of of Property: the NE 1/a of Section 2, T120, R23. East of Quenroe Avenue NE and North of 571h Street NE. Applicant: Steve Bona Developer: Capstone Homes, Inc. 14015 Sunfish Lake Blvd., Suite 400 Ramsey, MN 55303 Owners of Record: LTH Three, LLC Purpose: Harvest Run East is a proposed 163 lot single-family residential development on approximately 77.45 acres with Harvest Run East 1" Addition being 50 lots on 24.2 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 PAGE 2 VACity Council Agendas\Council Packets\2020\03-09\Harvest Run East\OT2345 RVW3.docx TABLE OF CONTENTS INFORMATION AVAILABLE PRELIMINARY PLANS FINAL PLAT CONSTRUCTION PLANS COVER SHEET INDEX REMOVALS PLAN SANITARY SEWER & WATERMAIN STORM SEWER STREET CONSTRUCTION SIGNING & STRIPING PLAN DETAILS GRADING, DEVELOPMENT & EROSION CONTROL PLANS COVER FlI -ffo GRADING, DEVELOPMENT & EROSION CONTROL PLAN DETAILS RETAINING WALL PROFILES OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 3 VACity Council Agendas\Council Packets\2020\03-09\Harvest Run East\OT2345 RVW3.docx INFORMATION AVAILABLE Final Plat for Harvest Run East by Carlson McCain Construction Plans for Harvest Run East 1" Addition, dated 1/17/2020, by Carlson McCain Grading Plans for Harvest Run East, dated 1/17/2020, by Carlson McCain Storm Water Management Plan for Harvest Run East, revised 9/13/19, by Carlson McCain Stormwater Design and Spread Calculations for Harvest Run East, revised 8/11/19, By Carlson McCain Preliminary Plans for Harvest Run East, revised 9/13/19, by Carlson McCain. Geotechnical Report for Harvest Run East, dated 10/3/18, by Haugo Geotechnical Services. Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 4 VACity Council Agendas\Council Packets\2020\03-09\Harvest Run East\OT2345 RVW3.docx PRELIMINARY PLAT 1. No comment FINAL PLAT 2. No comment. CONSTRUCTION PLANS Cover Sheet 3. No comment. Index Sheet 4. No comment. Removals Plan 5. No comment. Sanitary Sewer & Watermain 6. Watermain station 0+00 to 1+50 (sheet 4) shall use twist lock gaskets due to steepness of pipe. Storm Sewer 7. No comment. Street Construction 8. North end of Quin Avenue, a different solution than pouring 200' of street runoff over the edge down a 12' elevation change slope is needed. 9. 59th Street design should match centerline of existing 59t" Street at connection. Appears to be approx.. 0.5' difference. 10. Extend curb approx.. 20' on east side of Quilley Avenue at south connection point so storm water is not trapped against grass until ditch is actually able to start. Erosion blanket from end of curb down to bottom of ditch shall be placed at ends of both curbs. PAGE 5 VACity Council Agendas\Council Packets\2020\03-09\Harvest Run East\OT2345 RVW3.docx Si2nin2 & Striping Plan 11. City shall determine final placement of stop signs. Most residential intersections are low volume and low speed enough to not require stop signs. Details 12. Extra irrigation service detail not needed — see standard plate 210 which is included 13. Intra flow -Inside drop detail is not needed — see standard plate 305 which is included GRADING PLANS GRADING, DEVELOPMENT & EROSION CONTROL PLANS 14. Sheet 2- Legend is incomplete and does not indicate the triangles are grading limits for phase 1. 15. Grading limits around the north end Quin Ave temporary cul-de-sac are much larger than shown. 16. Grading limits shall be shown on sheets 3 through 6. Proposed contours on these sheets shall be turned off in areas beyond grading limits and proposed contours shall show how they will match into the existing so interim drainage can be reviewed. 17. Storm water will flow down and collect near station 29+00 on 61" St. At some point the trapped water will overflow the banks and run unabated down the slope toward the existing development. Please review and provide acceptable solution. 18. Rock check or rock checks were to be planned in existing ravine within outlot C. Details 19. No comment. Retaining Wall Profiles 20. Any retaining walls over 4' in height shall be designed and signed by a professional engineer. There are several within the overall project — wall 1, 3, 5 and 6. OTHER CONSIDERATIONS 21. No comments. PAGE 6 VACity Council Agendas\Council Packets\2020\03-09\Harvest Run East\OT2345 RVW3.docx SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above items being addressed. PAGE 7 VACity Council Agendas\Council Packets\2020\03-09\Harvest Run East\OT2345 RVW3.docx CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2020-17 APPROVING DEVELOPERS AGREEMENT- HARVEST RUN EAST WHEREAS, Capstone Harvest Run, LLC has an approved Plat known as HARVEST RUN EAST; 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, MINNESOTA THAT: 1. The attached Developers Agreement between the City of Otsego and Capstone Harvest Run, LLC is hereby approved in form, subject to modification of fees, charges and security as approved by City staff. 2. The Mayor and City Clerk are hereby authorized to execute the final Developers Agreement on behalf of the City of Otsego. ADOPTED by the City Council of the City of Otsego this 9th day of March, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami M. Loff, City Clerk W DEVELOPMENT AGREEMENT HARVEST RUN EAST AGREEMENT entered into this day of March, 2020 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and Capstone Harvest Run, LLC. a limited liability company under the laws of the State of Minnesota ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled HARVEST RUN EAST. The legal description of the property covered by this Agreement is as follows: See Exhibit A. The Plat contains fifty (50) single family residential lots and eight (8) outlots. The plat is located within the City's East Sewer District, is zoned R-5, Single and Two Family Residential District as approved by Ordinance adopted by the City Council on May 13, 2019. 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. 1 3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) this Agreement has been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service to the fifty (50) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. HARVEST RUN EAST 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 HARVEST RUN EAST 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, HARVEST RUN EAST prepared by Carlson McCain. Plan B Grading, Drainage, and Erosion Control Plan prepared by Carlson McCain and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for HARVEST RUN EAST, as prepared by Carlson McCain and as finally approved by the City Engineer. Plan D Landscape Plan for HARVEST RUN EAST, prepared by Carlson McCain, and as finally approved by the City Zoning Administrator. 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. 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 E. MPCA NPDES Permit for construction activity 3 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 April 1, 2021, with the exception of the final wear course of asphalt on streets and landscaping. The final wear course on streets shall be installed between August 15' and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may request an extension of time from the City to be submitted in writing to the City Clerk, for which said extension shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement outside of the above time frame must have the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure performance. 12. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors an irrevocable right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the developer thirty (30) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation 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 4 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 applied. 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. The City agrees to snow plow the streets within the Plat once the 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 that it will hold harmless, defend and fully indemnify the City from any and all liability claims of whatever nature related to and arising from such work. Any maintenance, grading or plowing undertaken by the City prior to formal acceptance of the Streets 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 s for a period longer than two years after the base course is paved, regardless of build out; in which case, the Developer shall provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build out. Upon final completion of streets and formal 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 set forth on the attached Financial Summary, Exhibit B. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat due upon Final Plat approval is as set forth on the attached 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 the Plat due upon Final Plat approval is as set forth in the attached Financial Summary Exhibit B. 23. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. 24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is as set forth on the attached Financial Summary Exhibit B. 25. Storm Water Management Fee. The Trunk Storm Water Fee for the Plat is as set forth on the attached Financial Summary Exhibit B. 26. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay the City for installation of traffic control signs (stop signs, street signs, dead-end signs and wetland 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. 6 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 Developer shall submit a fee as set forth on 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 street lights are actually constructed. Street lighting shall conform to adopted City Code. 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) and shall be established as set forth on the attached 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 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 April 1, 2021 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. A warranty security as set forth on the attached Financial Summary Exhibit B shall be posted with the City as set forth in paragraph 34 of this Agreement. The warranty period shall be a twelve (12) month period after the applicable work has been completed. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10%) of the posted security until all Improvements have been completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all public improvements at all times. s 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 set forth in the attached Financial Summary Exhibit B. 30. Landscaping. The Developer shall install two (2) trees upon each lot within the Plat of a species approved by the Zoning Administrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions may be used to cure any defects in the event that the Developer, it assigns or successors fail to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $3,000 per lot to be posted with the City at the time of application for a building permit on each lot. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak bark, are specifically prohibited. The Developer, Builders or Property Owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable portion of each lot and shall post any security required by the City to assure landscaping or other items in compliance with the City Code at the time of application for a building permit on each lot. The Developer, Builder or Property Owner shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights -of -way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City, after reasonable notice and opportunity to cure, may enter the lot or lots, perform the work, and apply any posted security toward the cost. The Developer, it assigns or successors, Builder or Property Owner will provide will provide all trees, grass, seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. Developer is also required to implement a Landscaping Plan including buffer yard landscaping along City collector and arterial streets as well as designated other plantings. Security shall be posted in order to insure compliance with the approved Landscaping Plan. 31. Significant Trees. There are no significant trees within the Phase. The Developer is not required to replace any significant trees. 9 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 as set forth in the attached Financial Summary Exhibit A. 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: 1. Developer shall deed Outlots B,C and D to the City. 2. Developer shall deed Outlots A, E and F to abutting property owners. 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 10 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 parry 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. 37. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 17 to pay for any work undertaken, provided the Developer is first given notice of the work in default, not less than seven (7) days in advance and a reasonable period of time to cure said default. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the reasonable discretion of the city. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 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 determines that 11 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 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 12 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. 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: Stephen A. Bona, Capstone Homes, Inc., 14015 Sunfish Lake Blvd. NW, Suite 400, Ramsey, MN 55303. 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 13 CITY OF OTSEGO M Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER CAPSTONE HARVEST RUN LLC Stephen A. Bona, Vice President of Land STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2020, 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 2020 by Stephen A. Bona the Vice President of Land for Capstone Harvest Run, LLC, a Minnesota Limited Liability Company with authority and on behalf of the company. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 11205 46' Place N. Plymouth, MN 55442 (763) 226-3497 Notary Public 15 EXHIBIT A LEGAL DESCRIPTION The Southeast Quarter of the Southeast Quarter of Section 35, Township 121, Range 23, Wright County, Minnesota. The Northeast Quarter of the Northeast Quarter of Section 2, Township 120, Range 23, Wright County, Minnesota; EXCEPT the West 17 feet thereof. The North 263.29 feet of the Southeast Quarter of the Northeast Quarter of Section 2, Township 120, Range 23, lying East of Wokson Hills according to the recorded plat, Wright County. 16 EXHIBIT B FINANCIAL SUMMARY (ATTACHED) 17 Harvest Run East EXHIBIT D Summary of Financial Responsibility Developer's Agreement City of Otsego Capstone Harvest Run, LLC DEVELOPMENT 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%) I. Landscaping Subtotal Total Irrevocable Letter of Credit for Security (125% of Subtotal) Escrow - Cash A. Legal Service - 1.0% of $2,295,283.00 B. City Administrative - 1.0% of $2,295,283.00 C. City Construction Administration and Utility & Street 8% of $2,295,283.00 D. Trunk Water & Sewer Access Fees 1. Trunk Sewer SAC 50 REC x $2597/REC 2. Trunk Water WAC 51 REC x $1813/REC E. Park Dedication Fee 50 Units x $2640/Unit G. Street & Traffic Control Signs 37 Signs X $250 /Sign H. Street Li hts 61 Lights X $500/light I. GIS Data Entry Fee 24.2 Ac x $100/Acre Total Escrow Cash Shared Docs/Municipal/aotsego2289/OT2345 FinSum.xlsx Sheet: Financial Summary ($1,500 minimum) ($1,500 minimum) ($10,000 minimum) $108,000.00 $513,158.00 $463,176.00 $536,284.00 $782,665.00 $149,190.00 $12,000.00 $2,564,473.00 $3,205,591.00 $22,953.00 $22,953.00 $183,622.64 $129,850.00 $92,463.00 $132,000.00 $9,250.00 $3,000.00 $2,420.00 $598,511.64 PAGE 1 OF 2 2/28/2020 Harvest Run East EXHIBIT D Summary of Financial Responsibility Developer's Agreement City of Otsego Capstone Harvest Run, LLC III. Development Credits A. Trunk Sanitary Sewer $0.00 B. Trunk Watermain $0.00 C. Trunk Storm Water Management $0.00 D. Park Dedication $0.00 Total Development Credits $0.00 IV. Development Warranty Letter of Credit A. Sanitary Sewer $513,158.00 x 15 % $76,973.70 B. Watermain $463,176.00 x 15 % $69,476.40 C. Storm Sewer $536,284.00 x 15 % $80,442.60 D. Streets 3,600 LF x $25/LF $90,000.00 E. Erosion & Sedimentation Control —507 Lot x $250/1-ot $12,500.00 Total Warranty Letter of Credit $329,393.00 Shared Docs/MunicipaVaolsego/2289/OT2345 FmSum.xlsx PAGE 2 OF 2 Sheet: Financial Summary 2/28/2020 OM 4�� I t�+�P'�il aui��, ��i A • v 1 ,ems i .k�f �� Jul, HARVEST RUN EAST FIINAL LANDSCAPE PLANS = OTSEGO, MINNESOTA SITE I V I I \ � � STAiE MINMAY taf r�y o �i tl t — .l VICINITY MAP ��� NOT TO SCALE f���\,ter_,_\—\\\ SHEETLl COVER INDEX L2 FINAL LANDSCAPE PLAN — 1ST ADDITION L3 FINAL LANDSCAPE PLAN — 1ST ADDITION r �i � •' \ �\,�\ \\\ 1�� \ �`\\ � L4 FINAL LANDSCAPE PLAN — 1ST ADDITION Wi W L / . O OVERSTORY / EVERGREEN TREES REQUIRED — TWO TREES PER LOT (50 LOTS -1ST ADD.) =100 TREES PROVIDED =131 TREES DEVELOPER TO INSTALL ALL BOULEVARD TREES (MIN ONE PER LOT) BUILDER / HOMEOWNER TO INSTALL ONE - LI r`�J (L� .��/ t3 : r ail ► TIONAL TREE (MIN) AS • • . MEET MINIMUM TWO TREES PER LOT. ��_�L 6VAREQUIRED I, � ? i TREES MUST BE MIN 6' jlCONIFEROUS, _—m IF DECIDUOUS. LIM �- pip 3- tzr RLj ON FEET) }. BENCHMARKS first .n,:.,._.._.._�-u•�_._Pat. West of Gu­ Avenue N.E. on y \ _ ,.a�u,t...� � :- IN Ya a- _x . :ice'' J �''E(F.r.:?:::.c L-tf..�i31:11'i.xl i�� ♦ { .. t�[.:.;.; �• r ra:=..:.fe.r.�E�'L.y'ca_Ri'r':iih7 - �.S.�,ia;,.r.�t...�,.€.;:t:. f(11l1��.::.;>�: aat_s�ii:�e.±�.• - �o..I. ^aist�.j@tia •e�eAe'.it:.E1...:.�E#.,•.i�:3=�L'-r�dd�st:!�:L���2.) Top Nut Hydrant an the first Hydrant ;ya '•�� / ._ -�' _. _. `Ynl• _ .._ _ - c V � SEEEeI �{3P"_ _ �i —__ it ________ �aa�o�• -ti '�� - i:G I.�S�a a ![•I� r ( _ F:: • "`iF q �m �• � � � ��� a f.,�' 7J � `•� t1' '�i:il. .xf � _�� � � � � �.� �_ JtiR�i' t o das The subsurface utility information shown this plan Is lility __ Vt. • �� J ^ Ouality Level 0. This quality level was determined according to �1 the guidelines of Cl/ASCE 38-02, entitled Standard Guideline�- 11I n�- J 'L' / ( f I I `�.� -��� `_ \ \ \ ` I L J �\. for the C.11—on and Depiction of E.I.lin Subsurfoce Utilit P 9 Y - �Si/ ��nl �. ( 1� Data.' \ !. �. \ :t.. _ II l se Carlson•environmental 3890 Pheasant Ridge Drive NE, Suite 100 g Blaine, MN 55449 Phone: (763)489-7900 I hereby certify that this plan, sped.der my P ntName: RyanJ.Ruttger or report was prepared by me or under my direct supervision and thatIamaduly Signature:�r Dawn: ROI Designed: RJR Revisions: 1. 091,11, 9 Preliminary Landscape RevisionsCAPSTONE 3. 01/17/201stAdditlonalFlnalLandscace-Revue layout perwrewr 2, 09/13/19 Preliminary Landscape Revisions perCitycomments••engineering HARVEST RUN, LLC 10415 Sunfish Lake Blvd., Suite 400 T)McCaini Fax: (763) 489 7959 licensed Landscape Architect under ' surveying www.carlsonmccain.com the laws of the State of Minnesota Date: 01/17/20 License #: 56346 Dare: 0l/17/zo Ramsey, M N 55303 West aide of Queens Avenue N.E. .�`.�:cG:'Lr'' �- / Elewtion-920.62 feat (Na; 29) L � :s rvest Run DEVELOPER CONTACT: STEVE BONA, CAPSTONE HARVEST RUN, LLC. 651-271-4951 HTTTTARVEST RUN EAST FINAL LANDSCAPE PLAN — L1 / Of OTSEGO, MN 1ST ADDITION / 3 HARVEST RUN EAST KNOW ALL PERSONS BY THESE PRESENTS: That Capstone Harvest Run, LLC, a Minnesota limited liability company, owner of the fallowing described property situated in the County of Wright, State of Minnesota, to wit: The Southeast Quarter of the Southeast Quarter of Section 35, Township 121. Range 23, Wright County, Minnesota. AND The Northeast Quarter of the Northeast Quarter of Section 2, Township 120, Range 23, Wright County, Minnesota; EXCEPT the West 17 feet thereof. AND The North 265.29 feet of the Southeast Quarter of the Northeast Quarter of Section 2, Township 120, Range 23, lying East of WOKSON HILLS, according to the recorded plat, Wright County. Has caused the same to be surveyed and platted as HARVEST RUN EAST and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created by this plat. In witness whereof said Capstone Harvest Run, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper partner this day of 20 CAPSTONE HARVEST RUN, LLC Stephen A. Bona, Vice President of Land STATE OF COUNTY OF This instrument was acknowledged before me this day of 20_ by Stephen A. Bona, Vice President of Land of Capstone Harvest Run, LLC, a Minnesota limited liability company, on behalf of the company. Signature Printed Name Notary Public, My commission expires County I, Thomas R. Balluff, 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 lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of 20 Thomas R. Balluff, Licensed Land Surveyor Minnesota License No. 40361 STATE OF MINNESOTA COUNTY OF The foregoing Surveyors Certificate was acknowledged before me this day of Minnesota License No. 40361. Signature Printed Name Notary Public, My commission expires County, CITY COUNCIL, CITY OF OTSEGO, MINNESOTA This plat of HARVEST RUN EAST was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular meeting thereof held this of 20. and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. By. Mayor 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 day WRIGHT COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20_ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of _ . 20— Wright 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 20J by Thomas R. Balluff, Land Surveyor, at o'clock _,M. and was duly recorded in Cabinet No. Sleeve as Document No. Wright County Recorder (� Carlson McCain ENVIRONMENTAL- ENGINEERING• SURVEYING SHEET 1 OF 4 SHEETS A� 111 n I/I A l C' 11 1 rT I South InIy IY J s of the North 16.5 feet (1 r• 1 r n C F{ C c7 II + / ) our the Southwest Quarter of '� rr •r v I I- � rr i / -+r / I. I , --,ad he Southwest Quarter of Section p III i / I V ' 36, Township 121. Range 23 East line of the Southeast Quarter $DD^20'25•W rt A 'All k I- II I�z Inch hen_- ; -- -our the Southeast carter of Section 1300.63 RLS 15233 35, Township 121, Range 23 1284.13 1300.63 ` Soo 20'25'W `0`�6.42 1 661.77 it East Quart, comer N002021'E N89'40'24-E NO ofSeatiaa 35,--OUTLOT A Towns hip 121. Range - 23 (Cast Iran Monument) HARVEST RUN EAST � 1\ o' € WETLAND a /' OUTLOT H Z i o r7 1 P I ^, I A LU 1 `I t A jr- r22.9_:52n'.3J'.31'F', ten__ `Y2.7•. § West line f the Southeast t__Quart, of the Southast oM Quarter of Section 35. Township 121, Range 23 If 366.79 2 \4 WETLAND Southeast comp Section 35. To, 121. Range 23 Iron Monument) C=i 3 pc 50014'l5-W 10 "0-. Imo- 114.04 - P J 9 2 F 1 3 4 5 w t 8 E_ Ell QUIN INSET 'A` AVENUE NE (SEE SHEET 3 OF 4 SHEETS) Y-Doz, Rv,8 7 0 6-j5 4 3 2 1 M- I- I DRAINAGE AND UT UTY I EASEMENTS ARE SHOWN THUS: I I I I _ j ,-See Detail / I li, - J _I _ Fi ° 2 to-4 being 5 feet In width, and ad)a(nN9 side lot Ilnaa.and I Ines landau a!°n atdlinm uNeea ofhsretae ahX on DTI; \ r\✓✓ ' this plot. Denotes 5/8 Inch by 14 Inch Rebar, set or to be set L- 0 within one year of recording of this plat and marked with It -number 40361 i 3 i vNr"i • Denotes Found non Monument, as noted M�ro$nu -------------------------- Detail Southeast comer of East line of the Section 35, Township o� -Southeast Quarter of 121, Range 23 (Cast `11 2(NO SCALE) the Southeast Quarter Iran Monument ) I of Sectim 35, Township ) II { 121, Range 23 - S� 300.63 W ' - I --1284.13 OUTLOT� A �N I o l lli lffaF Drainages meant __ to a o o En Utgity Bent ` to »a" - - - - - -------------------'--I VICINITY MAP J.- (NO SCALE) • yti. II WEENS 17 Ll\ 'AVE. HE �'"rn NI AVE. AW. NEE 1 I NE City of Otsego, Wright County, MN Sectfon 35, Township 121 N, Range 23 IN Section 2, Township 120 N. Range 23 W �e tnW a$„� Denotes otherwise rat dht °oi'nty Cast Iron Monument, unieaa a to a......- -` o o n �l n/yi + Den otes Wetlands delineated by KJolhoag E^`'na^mental Serdces Company in 2018 ,ova UL. vL.r, I I \< Naar �ll /rL-frJnlAlrr vTl 1 A nnl TlnAl I rT Abut 1 II V VII v I L V I L \ ' West Quarter corner tome, ---' Northeast Township a.m., of Section 120, Range / / of Sectim 2, Township 120, `1\ ......2, 23 (Cast Iron Monument) East Ins of the Northeast Quarter --of the Northeast Quarter Sectfm I .� I Rouge 23 (Hennepin Canty 1 Cast Iron Monument) j of 2, Township 120. Range 23 S00'13'58"W / I - '' 1306.23 N00'13'58'E 1 1027.79 38J.06 152.47 717.45 53.25 -� 54.90�.� �_ -WETLAND L V 1 1 V IY 1 r I61E _ OUTLOT C ,°3T 0 Drainage and Utlity Easement (over ail of Outlat C) 4 N 1 m3 2 '- ->L=74.88 N R=530.0 A=0Bb5 ' C. c.Lt.-74.1 � =74.1 __ S1; QUIN I AVENUE r �� � 2 .; g 7 9 1/2 nrh Yon RLS 21729 6 L.L-VL.r: 8o - _'--WETLAND fauo,ia I T N00%4'15'E --, 1 \ A -J 1 / r r7 1l h V L \ T ��I•_ I / nl ITI nT n I I >41 / VV I L-V i U - ' ' 5 \ 3 \ F- 1 v� �nl J 0 -LY / L13 - - 1 2 ' � ^ O 4- � - (y - n- A nI I C i-vviL rz u tJ 1/ i I0Nr- �2 Sao)° 2 4, GRAPHIC SCALE a 50 100 200 /, Bearing Orientation: The North line of the Southeast Quarter of the Southeast Quarter of Sectfm 35, �, / 'eF Township 121, 1 ,_ . (SCALE IN FEET) 1 INCH = iW FEET Range 23 Is assumed to bear North < `� ) 89 degrees 51 minute. 33 -onde East �_ �I / ' `r 1 ' West Ilse of the N Quarter of the N, / ? I L /C quarter of Section Township 120, Rani, N 8 6 q ILL. I ----------- 265.29------ ___ r A f"\ T I 13 O I H_ I 54.64 o S84'15'08`W �. LIJ `y31.70 ' N78'58'08-W w " V. o r `,-35.64 L o `a c' I - •W--- N15b6'34`W I E to i v ii1 At r7 1 ,`J i U, v$io�oo+ po'o 29.69.:;SO4. Y J' S1.35 OUTLOT G-N \� Nan y Go ' 66 I I ' 515°0328E C '1''\) 4B9s S0.387.98'E 8425 w t ZE c -i r I o i sooro6's2 e` 6 80.00 O A <a 6 °'" N < J I �' 3 2 1 °� �; nos, o�.n. CJ � r 4 ^'N^ m°� a "eo= A I Iv Z E'y wL - 1 5 cici4��o�meje 4a��� 3 aN1Oi o'a'1= S0528'3fi'W 130.28 I `\ • • y /�00'08'39-E ' I 99 L QUILLED- - - - - AVENUE INSET TBT NNELrv1L.� m nIII 1 F ii m e SHEET 4 n I rAIE AVE.(SEE OF 4 SHEETS) - - - �= z 6 'r• 1:4 �__________ 65.29----------- 5 4 3 2 1 �4 , s -5 I 1 E-W W c %0 E- 2 F_ Lz7 East line of the West 17.00 feet 5 __of the Northeast Quarter of the R A I A 1 /, r- L North... Quarter of Seatim 2, r---� n i1 v L7 1- . $n Township 120, Range 23 ,rr OUTLOT D' =' 4 It rlJt % �'`J�� Carlson 1/Z-� see -1. CEP heast T 1 Iron ppe ---T-m N00%8.29„E ------ j- r-----I----- • fast- ' I a o nI EA1RnE AVENUE AIE m ,' .. East ON of McCain G r: ,,Iv rr v nv lry Iv �j F Wstlin HILLS 23 'SOAE - 66 o66r ^ S;�1 '�IEr I ENYIRONMENTAL•ENGINEERING •Sl1RVEYING ST. I r '1` (- - - - T - tT'acsav T taus - T - - - -I SHEET 2 OF 4 SHEET`_ HARVEST RUN EAST INSET 'S' DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: II s--I - II II 0 0 SO4`06'06"Y/ _-_J---- J L------ 51.35 being 5 feet in width, and adjoining side lot Boss, and 10 feat N width and adjoining right of way ;u line. and rear lot line. unless olherwiae shown on this plat. P. TN y 515g543' S0 387.99 1 r I= 74-LS -5.49 -1 r- j I I I I I I Ilo tOI i t oa WI w S L 0' /2, I I 1 w I 502.Em Ti 8000� E I II I IW Iaam'Ws' oo -�Qu aa oo Z I I Ir 4 2 mIi I IIII" �1 5 6 eJIIIl nI In s r W� II�mpoIm'I z IbmIz m - rt N Ir--- ,vv Aµ r`� I I I I r I I f I I n om mmr ..ram a-atri ; a..q"4 1 I =1 c ry I I o ~ hi y 110101 I I J` Jm i j`o Jm i 0 I I I L�-0254'tOJ Lp�2'49'F Lp=0221' I U�am� �V4m� g � � 28° A 117 n r N I I GRAPHIC SCALE 0 30 60 120 w (!1 N --_ _ i L=77.52 L=75.41 S01°35'34•W 11, Q-� ab 1 L----J 75.14 43.87 L=62.95 I, SOShB'36'W - 74.23 1 `` - 60.05�0, 3J amp 193.24° wj $ �o„ r, jJ1LL},i'1 130.28 I 30.0 30.0S00'08'39'E W •m `to�r 93.2150.00 L-----J 1NO3°48'44 83.43 (SCALE IN FEET) ONUE09 58L=243.18 n F�VH; L= 1 R i INCH = 60 FEET 578'�•� pG--09°I720_.9 =442t-NL+'503'48'µ'Ei Fl oSO5h''LS Q 194.84 - - --- 256.66 --- - W = L=22.63 Lm93.26 L-100.12 M R�'19.93 I m---- R-15.00<� 87.9i 100.14 - �t p-03 _2!O= , r _=0354'OB'- --'1 101 r n SppW39-E n to=86h7'17• ` _ _ r-- 11 r--90.43 -- i W I I 1 1 I I T n 1�1r Af I t 1 ryl I `m q` n1 I R=1500 =_�� ,j.h-_ 102.44-_ `�_ 154.21 r �- 69.21 11 1 V s I v it 1 i 1 I p•~ 1 V,I I �e83'47'22' I 33 I 33 �¢-.`-L=2.34 -1 r--- r; r� 1=00'i4'33'!, 5eaat of i c^ I I I I I I I= my I I I Im I w I ImbN 4 �rivi� I I I I 0uart� the Southeast Warta of Secti Township 121. Range 23 is assumed to bear North 89 i 3 rl I- z I I 13 5 ,( I I3 I 3:I o1„ 3 I to I W 3 I 6IN mml I' 2 GF rl Im I^ E �In iz' ,� I ( c I I GF �e1 BE degraea 51 minutes 33 sewnde East. I o f I� c r el Y I� �I a NCI I° 0,J h 0(2 hn c`(, mi IT 'rr m T �. 1 . al m L3 a Y� m Ir mI6� �ml I I I 1 w mil? ml A r'rI I I � I In I I31 I Ft 91h i v i 11 10� L- N00'18'29'E J E- �I n L.. 1O L------J L-------J L----- - ,.L-- 19.38.21 ISO4h0'52'W 103.29 t 1 59.88� �-- J -I i = 1m I I ml� I Im N05'57'32'W . `` 100.39 .„ j SO4-20-52'W CL =_�_= I I 205•W I k--�-__ �__ m m m --Drainage and Uliity Easement-' �n Nj4.00 40 WQ '100.02 Drainage ` .jq 47,97��' ,, 1I .I age Drainage an U16ity Easement a 0 L 703.29 ' `1 .6 ``- nd Utility (Over all of 0, DJ'•' 33 33 �_ ond_.r Utility Easement m y (` 100.02 100.02 Easement 203.31+s� °s. ,e. 33.01 33.01 17.37 118.68 r 53.86 aJ "Si -1303.19 -- NOO'18'29"E Denotes 5/8 Inch by 14 inch Rebar, set a to be set within or O one year of recording of thla plat and with license number 40361 • Denotes Found Iran Monument, as noted O Carlson McCain ENVIRONMENTAL= ENGINEERING -SURVEYING SHEET 4 OF 4 SHEETS