4.1 Ashwood Third Addition
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 27 September 2021
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendell
4.1 – Ashwood Third Addition
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 final plat and execution of a development agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
Benzinger Properties, Inc. (d/b/a Ashwood Development, LLC) has submitted application for final plat
approval of the third and final phase of the Ashwood subdivision consisting of 60 single family lots. The
City Council approved the preliminary plat and PUD-CUP for the development on 23 July 2018.
▪ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Single family lots
are a permitted use within the R-5 District.
▪ Preliminary Plat Consistency. The final plat consists of 60 single family lots accessed by public
streets in a configuration consistent with the preliminary plat. The 60 single family lots within the
proposed final plat and total of 143 single family lots developed within Ashwood is consistent with
the number approved with the preliminary plat.
▪ Streets. The final plat includes construction of remaining segment of 75th Street along the south
line of the proposed third addition to the west plat line. The Transportation Plan designates 75th
Street as a residential collector street. The right-of-way for 75th Street is 80 feet wide with a 46
foot section of roadway. A trail will be constructed on the north side of 75th Street.
Local streets within the proposed final plat are designed with a 60 foot right-of-way and 28 foot
street section with concrete curb and gutter. A five foot wide concrete sidewalk will be
constructed along one side of each public street as required by the Subdivision Ordinance and
Engineering Manual. The development contract provides that the developer pay for the
fabrication and installation of all street signs, which includes signs identifying future extension of
O’Brian Avenue and 75th Street. 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. The development contract provides for payment of the street light operation
fee of as established by the City Code.
▪ Lot Requirements. The preliminary plat approval establishes minimum lot requirements shown in
the table below for the lots within this final plat. Lot 1, Block 1 is subject to the requirements of
the R-4A District as a transitional lot abutting Walesch Estates to the north. All of the proposed
lots within the final plat comply with these minimum lot requirements.
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front Side Rear 75th St. Wetland
Interior 9,000sf.
(net)
60ft. 100ft. 25ft.
house
30ft.
garage
7ft. 20ft. 65ft. 40ft.
Corner 80ft. 25ft.
▪ Landscaping. The preliminary plat included approval of a landscape plan to provide buffer yard
plantings abutting Odean Avenue and 75th Street as required by Section 10-16-7.D of the Zoning
Ordinance. The development contract includes a security for the installation and warranty for the
buffer yard plantings.
▪ Park and Trail Dedication. The preliminary plat approval provides for dedication of Outlot A
within the proposed final plat for a public park. The dedication of the park outlot satisfies 18.8
percent of the park and trail dedication requirements for the preliminary plat established by
Section 10-8-15 of the Subdivision Ordinance. The remaining 81.2 percent of the park and trail
dedication requirements will be satisfied by proportional payment of a cash fee in lieu of land per
lot. The park dedication fee in lieu of land in accordance with the City’s current fee schedule for
the final plat is included in the development contract.
▪ 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 11-8-12.A of the Subdivision
Ordinance. All drainage and utility easements are subject to approval of the City Engineer.
▪ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed final plat that are subject to review and approval by the City Engineer. The proposed
final plat includes Outlot B, Outlot D, and Outlot E encompassing stormwater basins and/or
wetland/ wetland buffer. The outlots are to be deeded to the City for permanent ownership and
maintenance.
▪ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to
review and approval by the City Engineer. The developer is required to pay Utility Availability
charges at the time of final plat approval as outlined in the development contract. 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.
▪ Development Contract. The City Attorney has drafted a Development Contract related to the
proposed final plat to provide for completion of all public improvements, establishment of required
securities and payment of applicable fees. The Development Contract 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.
SUPPORTING DOCUMENTS ATTACHED:
▪ Site location map
▪ Engineering Review dated September 16, 2021
▪ Findings of Fact and Decision
▪ Resolution 2021-75 approving a Development Contract
▪ Development Contract
▪ Final Plat (4 sheets)
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve the final plat of Ashwood 3rd Addition subject to the conditions as outlined in the
Findings of Fact and Decision as presented and adopt Resolution 2021-75 approving a Development
Contract.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
ENGINEERING REVIEW
Residential Subdivision for
the City of Otsego
by
Hakanson Anderson
Review No. 3
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Dan Licht, City Planner
Dave Kendall, City Attorney
Jeff Benzinger, Benzinger Properties, Inc.
Francis Hagen, Westwood Professional Services, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Abdullah Alqwaizani, EIT
Date: September 16, 2021
Proposed
Development: Ashwood 3rd Addition
Street Location A portion of the SW ¼ of the NW ¼ of Section 28, T121, R23,
Of Property: all West of Odean Avenue NE and North of 75th Street NE.
Applicant: Jeff Benzinger
Developer: Benzinger Properties, Inc.
20401 County Road 81
Suite 100
Rogers, MN 53374
Owners of Record: Pete Scherer
Purpose: Ashwood 3rd Addition is a proposed 60 single-family low density
residential lot development on approximately 37.5 + acres in th e
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
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TABLE OF CONTENTS
INFORMATION AVAILABLE
FINAL PLAT
CONSTRUCTION PLANS
GRADING PLANS
SURFACE WATER MANAGEMENT
WETLANDS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Final Plat Ashwood 3rd Addition, received 2/19/2021, by Westwood Professional Services, Inc.
Construction Plans for Ashwood 3rd Addition, dated 2/18/2021, by Westwood Professional
Services, Inc.
Grading Plans for Ashwood 3rd Addition, dated 2/18/2021, by Westwood Professional Services,
Inc.
Preliminary Plat for Ashwood 3rd Addition, dated 2/19/2021, by Westwood Professional
Services, Inc.
Geotechnical Soil Borings for Ashwood, dated 6/13/2018, by Westwood Professional Services
Stormwater Management for Ashwood 3rd Addition, revised 9/9/2019, by Westwood
Professional Services, Inc.
Storm Sewer Design for Ashwood 3rd Addition, 2/18/2021, by Westwood Professional Services,
Inc.
Wetland Delineation for Ashwood Property, dated 6/14/18, by Westwood Professional Services,
Inc.
Additional Information
Minnesota Rules, Chapter 4410 – EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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FINAL PLAT
1. A minimum 10’ wide easement along all property lines abutting undeveloped land and
outlots shall be provided. (i.e. Lot 8, Block 1 and Lot 1 & 9, Block 2 and Lot 1 Block 3.
2. A minimum 10’ wide easement along the west property line of Lot 13, Block 4 shall be
provided for the storm sewer.
3. The minimum 100’ tangent between horizontal curves shall be provided along 77th Lane.
4. A minimum 20’ wide (average) wetland buffer shall be provided from the delineated
wetland edges shall be provided. The buffer width shall not be less than 10’ in width at
any point. The buffer shall be contained within an Outlot deeded to the City. The
minimum buffer width does not appear to be provided along Lot 5, Block 2 and Lots 1 &
4-5, Block 3.
5. Oakwood Avenue shall be named Ocean Avenue NE.
6. FES 119 is currently extending over the property line south of 75th Street and will require
a 20’ wide easement centered on the pipe on the adjacent property.
7. Additional easement is required over the storm sewer pipe CMBH 142A and CBMH 142
(Front yard of Lot 8, Block 6 along Ocean Court).
8. The 100-yr high water level (HWL) for all storm ponds shall be contained within an
Outlot. The Pond 4 HWL appears to inundate the rear of Lot 7, Block 6.
CONSTRUCTION PLANS
Cover Sheet
9. The overall vicinity map shall be adjusted for 3rd Addition only.
10. Ocean Avenue (Oakwood) shall be extended on the south side of 75th Street. The storm
sewer catch basin on the south side of 75th Street at this location may need to be shifted.
11. A sidewalk on the NW side of OBrian Avenue shall be provided.
12. All plans shall be signed by a registered engineer.
Overall Plan
13. Oakwood Avenue NE shall be renamed Ocean Avenue NE.
14. A temporary cul-de-sac shall be placed at the west end of 75th Street NE.
15. A striping plan for 75th Street is required.
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16. The cluster mailbox locations shall be shown.
17. The drawing scale does not agree with the scale provided.
Sanitary Sewer and Watermain
18. A testing “pig tail” is recommended on the north end of the OBrian Avenue waterline.
19. The minimum separation between the water service and storm sewer crossing shall be 24”
without insulation or 12” with insulation. (i.e. to Lot 6, Block 5 and Lot 7, Block 4 and
Lots 1-3 and 8-13, Block 6) Please verify.
20. A drop manhole is required for any manhole with upstream invert greater than 2’ above
the downstream invert (i.e. MH 41, MH 25 and MH 28).
Street and Storm Sewer
21. We recommend the pipe from STMH 124 to CBMH 122 be rerouted to CBMH 121 to
avoid crossing through the rear yards.
22. CB 123 does not align with the low point in the rear yards of Lots 1 & 2, Block 6 (per the
grading plan).
23. Vertical curve information shall be provided for Ochoa Avenue.
24. The watermain in the profile of Ochoa Avenue at the intersection of 77th Lane is
incorrect. The watermain along 77th Lane has been lowered under the storm sewer near
the intersection therefore the watermain should be shown lower in the Ochoa Avenue
profile. Vertical bends are not allowed here.
25. The profile for the storm sewer in the rear yard of Lots 9-11, Block 4 is missing.
26. CBMH 136 is not labeled in the plan view.
27. Provide 8/10th points fall between the 15” invert and 18” invert at CBMH 134.
28. The street connection from the north end of the plat along OBrian Avenue to the existing
street shall be constructed at this time.
29. The proposed and existing ground profiles shall be extended to the west for both OBrian
Avenue and 75th Street. Currently these streets have a 3-5’ drop in elevation at the
property line and may not work with future road extensions.
30. Drainage arrows around all intersections shall be provided.
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Details
31. A detail for the temporary and permanent cul-de-sacs shall be provided.
32. The standard plate 701 shall be removed as it is no longer applicable. MnDOT standard
plates shall be used for all ADA ramps.
33. The following Otsego Standard Plates shall be provided:
a. 207, 400 and 402 or 403
Intersection Details
34. No comments.
GRADING PLANS
35. All plans shall be signed by a registered engineer.
36. See final plat comment #4.
37. The benchmark label on all sheets (except cover) are incomplete.
38. A double layer of silt fence (or other sediment control) is required along all wetlands
where a 50’ undisturbed vegetive buffer cannot be maintained.
39. Provide an elevation label at the front and rear setback lines on the lot lines between houses with
1.5’ or more elevation difference. These elevations shall provide fall away from the lower house.
40. An Emergency Overflow (EOF) elevation shall be called out for Wetland 5.
41. The EOF of 941.0 between Lots 1 and 2, Block 6 is not correct. The EOF appears to be
located along the south of Lot 1, Block 6 with an elevation of approximately 940.0.
42. The 945.3 EOF in the rear yard of Lot 9, Block 6 appears to be a high point only and does
not control the Wetland 2 outlet.
43. The street names shall be provided for all profiles.
SURFACE WATER MANAGEMENT
44. FES 119 appears to be missing about 3+ acres from the east in the calculation.
45. Storm design calcs are missing the 180-179 run.
46. STMH 124 (missing from drainage map) is the discharge pipe for Pond 4. This pipe has no
flow accounted for in the storm design calculations. The 10-yr discharge from Pond 4 shall
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be included in the calculations for sizing of the downstream pipe.
47. We understand the justification for the “C” value being 0.40 but disagree with using an
overall average lot value being an accurate representation for the storm pipe sizing and inlet
spread. Rear yards or open space C values should be different than those in the streets.
Typically, a C = 0.25 for rear yard catch basins and C=0.55 for street catch basins needs to
be used in Type C or D soils.
WETLANDS
48. No comments.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above items being addressed.
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21 Sep 21
FINDINGS & DECISION
FINAL PLAT
APPLICANT: Benzinger Properties, Inc. (d/b/a Ashwood Development, LLC)
APPLICATION: Request for approval of a final plat to be known as Ashwood 3rd Addition.
CITY COUNCIL MEETING: 27 September 2021
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is Outlot C, Ashwood.
B. The property lies within the East Sewer 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, Residential Single and Two-Family District; single family dwellings are a
permitted use within the R-5 District.
D. A preliminary plat of 143 single family lots and PUD-CUP to address certain lot requirement flexibilities
was approved by the City Council on 23 July 2018.
E. The proposed final plat consists of 60 single family lots, five outlots, and public rights-of-way.
F. The Request for Council action for the 27 September 2021 City Council meeting prepared by the City
Planner, The Planning Company LLC., is incorporated herein.
G. The Engineering Review dated September 16, 2021 prepared by the City Engineer, Hakanson Anderson
Associates, Inc., is incorporated herein.
H. Applications for final plat approval are processed in accordance with Section 10-5-3 of the Subdivision
Ordinance and do not require review by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED,
subject to the following conditions:
1. The developer shall execute a development contract as drafted by the City Attorney and subject to
approval of the City Council.
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2. Lot 1, Block 1 shall subject to the requirements of the R-4A District as provided for by Section 111-66-
8 of the Zoning Ordinance. All other lots within the final plat shall be subject to the following
requirements:
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front Side Rear Odean
Ave./
75th
St.
Wetland
Interior 9,000sf.
(net)
60ft. 100ft. 25ft.
house
30ft.
garage
7ft. 20ft. 65ft. 40ft.
Corner 80ft. 25ft.
3. Plans for street construction, installation of signs, and installation of street lighting shall subject to
review and approval of the City Engineer.
4. Park and trail dedication requirements shall be satisfied by payment of a cash fee in lieu of land equal
to 81.2 percent of the fee in accordance with the City’s fee schedule as provided for by the
Development Contract.
5. Outlot A shall be deeded to the City for park purposes.
6. Outlot B, Outlot D, and Outlot E shall be deeded to the City for stormwater management purposes.
7. Outlot C shall be deeded to the City.
8. All grading, drainage, wetland, and erosion control issues are subject to review and approval of the
City Engineer.
9. All utility plans are subject to review and approval of the City Engineer.
10. The developer shall pay utility availability charges at the time of final plat approval in accordance
with the fee schedule then in effect.
11. All easements are subject to review and approval of the City Engineer.
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MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 27th day of September, 2021.
CITY OF OTSEGO
By:__________________________________
Jessica L. Stockamp, Mayor
Attest:_______________________________
Audra Etzel, City Clerk
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-75
APPROVING A DEVELOPMENT CONTRACT FOR
ASHWOOD 3RD ADDITION
WHEREAS, Ashwood Development, LLC (the “developer”) is proposing development of Ashwood 3rd
Addition; and
WHEREAS, a final plat for the development was approved by the City Council on 27 September 2021; and
WHEREAS, Section 10-10-4.A of the Subdivision Ordinance requires the developer to enter into a
development contract to provide the City construction and warranty securities for the public and private
improvements and to provide the City various remedies in the event that the developer breaches the
terms and conditions of said contract; and
WHEREAS, those obligations are outlined and memorialized in the attached Development Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Development Contract attached hereto between the City of Otsego and Ashwood Development,
LLC is hereby approved in form subject to modification of fees, charges, and securities as approved
by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Development Contract on behalf of
the City of Otsego.
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ADOPTED by the City Council of the City of Otsego this 27th day of September, 2021.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
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218043v1 Ashwood 3rd Addition
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
ASHWOOD 3RD ADDITION
CONTRACT dated ____________________, 2021, by and between the CITY OF OTSEGO, a
Minnesota municipal corporation (“City”), and ASHWOOD DEVELOPMENT, LLC, a Minnesota limited
liability compant (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for ASHWOOD 3RD ADDITION (referred to in this Contract as the "plat"). The land is situated in the County
of Wright, State of Minnesota, and is legally described as:
Outlot C, Ashwood, Wright County, Minnesota, according to the recorded plat thereof.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City
Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines,
streets, utilities, public or private improvements, or any buildings until all the following conditions have been
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218043v1 Ashwood 3rd Addition
satisfied: 1) this contract has been fully executed by both parties and filed with the City Clerk, 2) the
necessary security has been received by the City, 3) the necessary insurance for the Developer and its
construction contractors has been received by the City, and 4) the plat has been filed with the Wright
County Recorder or Registrar of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park dedication charges referred to in
this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved
preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed
when the outlots are final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks and outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved plat unless required by state or
federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in
this Contract 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, official controls, platting or dedication requirements
enacted after the date of this Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. The plans may be prepared, subject to the City
Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The
City Engineer may approve minor amendments to Plans without City Council approval. If the plans vary
from the written terms of this Contract, the written terms shall control. The plans are:
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218043v1 Ashwood 3rd Addition
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
M. Landscaping
The improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utility and street construction; and any other ordinances including Chapter 6 of
the City Code concerning erosion and sediment control. The Developer shall submit plans and
specifications which have been prepared by a competent Minnesota registered professional engineer to the
City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s
engineer will be able to certify that the construction work meets the approved City standards as a condition
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218043v1 Ashwood 3rd Addition
of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have
one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible “as-
constructed” plans and an electronic file of the “as-constructed” plans in an AutoCAD .DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer ’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. 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 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 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Wright County for County Road Access and Work in County Rights-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
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218043v1 Ashwood 3rd Addition
H. City of Otsego for Building Permits, Retaining Walls, Irrigation
I. MDH for water permits
J. MPCA for sewer extension
11. 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 also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by June 30, 2022.
13. STREETS. The Developer agrees to maintain the streets within the Plat until the base
course bituminous surfacing has been accepted by the City. Should the City be required to grade the street
prior to paving, the cost of such grading shall be paid by the Developer and draw from the Developer’s letter
of credit. Should the City determine that snowplowing is necessary prior to street paving, the City will plow
the street(s) prior to acceptance of the streets. The Developer shall hold harmless and indemnify the City
from any and all liability related to this snow plowing and shall pay all costs associated with this snow
plowing. Any plowing undertaken by the City shall constitute no acceptance or evidence of acceptance of
the street(s) in question. The final wear course shall not be constructed until at least one construction
season after the base construction is completed and shall be delayed one more construction season if at
least 75% build out is not achieved. However, the final wear course shall not be delayed for a period longer
than two years after the base course is paved, regardless of build out; in which case, the Developer shall
provide an escrow for fog sealing the streets in the event the final wear course is placed prior to 75% build
out. Upon final completion of streets and acceptance by the City as a City street rather than a private drive,
the Developer shall guarantee to the City for a period of two (2) years the streets have been constructed to
City standards. The warranty period shall not commence until such time as street construction is completed
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and the streets are accepted as City streets by the City. The two (2) year warranty period set forth above
commences upon the date on which the City accepts the streets by resolution.
14. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
15. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City’s current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City, the City may take such
action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance
of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such
work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development,
utility or street construction will be allowed and no building permits will be issued unless the plat is in full
compliance with the approved erosion control plan.
16. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Otsego specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an “as-constructed” grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
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by the City. The “as-constructed” plan shall include field verified elevations of the following: a) cross
sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed
“conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City
Code. The City will withhold issuance of building permits until the approved certified grading plan is on file
with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow shall be furnished to the City in accordance with
the City’s current fee schedule to guarantee compliance with the erosion control and grading
requirements and the submittal of an as-built certificate of survey. Prior to the release of the required
individual lot grading and erosion control security that is submitted with the building permit, an as-built
certificate of survey for single family lots must be submitted to verify that the final as-built grades and
elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the
development, and amendments thereto as approved by the City Engineer, and that all required property
monuments are in place. If the final grading, erosion control and as-built survey is not timely completed,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon
satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without
interest, less any draw made by the City, shall be returned to the person who deposited the funds with
the City.
A certified as-built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
17. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
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construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
19. LATERAL STORM SEWER. The Developer shall post a security for lateral storm sewer
in the amount of $313,813.00 which is due upon final plat approval.
20. LATERAL AND TRUNK SANITARY SEWER. The Developer shall pay to the City the
required water availability charges and sanitary sewer availability charges. The water and sewer
availability charges shall be collected according to Section 8-1-6-B of City Code including 9.0 RECs per
gross acre for multiple family uses and 3.5 RECs per gross acre for commercial, industrial, or institutional
uses. The Developer shall post a security in the amount of $381,631.50 for Lateral and Trunk Sanitary
Sewer which is due upon final plat approval.
The Developer shall pay a cash fee in the amount of $158,460.00 for the Sewer Availability Charge
(“SAC”) at the time of plat approval which is calculated as follows:
60 REC X $2,641.00/REC = $158,460.00
21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the
amount of $330,205.00 for the installation of lateral and trunk watermain and connection. The Developer
shall pay a cash fee in the amount of $110,640.00 for the Water Availability Charge (“WAC”) at the time of
plat approval which is calculated as follows:
60 REC X $1,844.00/REC = $110,640.00
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and public street construction is restricted to access the subdivision as approved by the
City Engineer.
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23. 75TH STREET IMPROVEMENTS. The Developer shall construct the remaining segment
of 75th Street along the south line of the proposed development of Ashwood Third Addition to the west
plat line. The Developer shall construct a trail on the north side of 75th Street.
24. PARK DEDICATION. Outlot A within the proposed final plat shall be dedicated as a
public park. The dedication of this outlot as public park satisfies 18.8 percent of the park and trail
dedication requirements for the preliminary plat established by Section 10-8-15 of the Subdivision
Ordinance. The remaining 81.2 percent of the park and trail dedication requirements will be satisfied by
proportional payment of a cash fee in lieu of land per lot. The park dedication fee in lieu of land in
accordance with the City’s current fee schedule requires that the Developer shall pay a cash contribution
of $140,313.60 in satisfaction of the City’s park dedication requirements. The charge was calculated as
follows:
60 lots X $2,880.00 per lot X 81.2% = $140,313.60
25. WETLAND, STREET, AND TRAFFIC CONTROL SIGNS. The Developer shall pay to the
City $16,500.00 for installation of traffic control signs. The fee was calculated as follows: sixty-six (66)
signs x $250.00 per sign = $16,500.00.
26. STREET LIGHT OPERATION COSTS. The Developer shall be responsible for the cost of
street light installation consistent with a street lighting plan approved by the City. The Developer shall pay
to the City a cash fee in the amount of $2,500.00. The fee is calculated as follows: five (5) street lights at
$500.00 per street light.
27. LANDSCAPING. The Developer shall install street trees and buffer yard landscaping as
required by the Zoning Ordinance in accordance with the approved landscape plan. The Developer
shall post a $93,013.68 landscaping security at the time of final plat approval to ensure that the
landscaping is installed in accordance with the approved plan.
The Developer or lot purchaser shall plant least one tree on every lot in the plat. Trees that are
chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing
trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum
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deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees
must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or
lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot.
Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has
received a certificate of occupancy. Before a building permit is issued, a cash escrow per each lot in the
plat shall be furnished the City in accordance with the City’s current fee schedule to guarantee
compliance with the landscaping requirements. If the landscaping is not completed in a timely manner,
the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon
satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the
City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted
to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements
shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is
responsible for contacting the City when all the landscaping has been installed to set up an inspection.
Fifty percent (50%) of the security will be released when all the landscaping has been installed and
inspected by City staff and the remaining fifty percent (50%) will be released one year after the
landscaping inspection and any warranty work has been completed.
28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the conditions listed in the Findings of Fact approved by the City Council on
September 27, 2021.
B. Before the City signs the final plat, the Developer shall convey Outlots A, B, C, D, and E to the
City by warranty deed, free and clear of any and all encumbrances, including but not limited to
all Outlots for stormwater basins, wetlands, and wetland buffers.
C. Lot 1, Block 1, shall be subject to the requirements of the R-4A District as provided for by
Section 11-66-8 of the Zoning Ordinance.
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D. Plans for street construction, installation of signs, and installation of street lighting shall be
subject to review and approval of the City Engineer.
E. All grading, drainage, wetland, and erosion control issues are subject to review and approval of
the City Engineer.
F. All utility plans are subject to review and approval of the City Engineer.
G. The Developer shall pay utility availability charges at the time of final plat approval in
accordance with the fee schedule then in effect.
H. All easements are subject to review and approval of the City Engineer.
I. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer's land surveyor certifies that all irons have been set following site
grading and utility and street construction. In addition, the certificate of survey must also
include a certification that all irons for a specific lot have either been found or set prior to the
issuance of a building permit for that lot.
J. The Developer shall provide a cash escrow for the preparation of record construction drawings
and City base map updating. This escrow is $100.00 per acre for a total charge of $3,847.00.
K. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
29. CONSTRUCTION ADMINISTRATION AND FEES FOR CITY SERVICES. 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
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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, which are 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. 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.
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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 in this Contract), 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 as stated by the Financial Summary.
This escrow amount shall be submitted to the City prior to the City executing this Agreement.
All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary
items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering
not utilized from this escrow fund shall be returned to the Developer when all improvements have been
completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been
received by the City.
All other amounts listed as flat fees are non-refundable and available immediately for City use
when posted.
30. SECURITY. To ensure compliance with the terms of this Contract, and construction of all
public improvements, and satisfaction of all other obligations, the Developer shall furnish the City with a
cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount as
required under this Contract. The issuer and form of the security (other than cash escrow) shall be subject
to City approval in its reasonable discretion. The security shall be issued by a banking institution in good
standing as determined by the City and approved by the City Administrator. The City shall have the ability to
draw on the security at a bank or branch bank located within fifty (50) miles of the City Hall. The security
shall contain an automatic renewal provision and shall not expire until all the Development is complete and
fully and finally accepted by the City, and all terms of this Contract are satisfied.
The City may draw down the security, on five (5) business days written notice to the Developer, for
any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end
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of the required term. If the required public improvements are not completed at least thirty (30) days prior to
the expiration of the security, the City may also draw it down without notice. If the security is drawn down,
the proceeds shall be used to cure the default.
Upon receipt of proof satisfactory to the City that work has been completed and financial obligations
to the City have been satisfied, with City approval not to be unreasonably withheld or delayed, the security
shall be reduced from time to time in proportion to the work completed, but not below ten (10) percent which
is the amount of the warranty security. For purposes of this Section, the warranty period shall be a twelve
(12) month period after the applicable work has been completed, except with respect to streets, for which
the warranty period shall be two years as addressed elsewhere in this Contract.
This security amount shall be submitted to the City prior to execution of the Contract. All
administrative and legal fees related to plan review, drafting of this Contract and any other necessary items
shall be paid to the City prior to execution of the Contract. Upon completion of the work contemplated
hereunder and expiration of the warranty period, the remaining security shall be promptly released to
Developer.
31. SUMMARY OF SECURITY REQUIREMENTS. The amount of the security described
above is calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer – Lateral and Trunk $381,631.50
B. Watermain – Lateral and Trunk 330,205.00
C. Storm Sewer - Lateral 313,813.00
D. Streets and Trail 1,032,931.50
CONSTRUCTION SUB-TOTAL $2,058,581.00
OTHER COSTS:
A. Site Grading, Erosion & Sediment Control & Wetland Protection $82,710.00
B. Engineering & Surveying Construction Services (6.5%) 133,807.77
C. Landscaping 50,750.00
OTHER COSTS SUB-TOTAL $267,267.77
TOTAL – SUBTOTAL $2,325,848.77
TOTAL IRREVOCABLE LETTER OF CREDIT $2,907,310.96
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FOR SECURITY (125% OF SUBTOTAL
ESCROW
A. City Legal Expenses (Est. 1.0% of $2,058,581.00 $20,585.81
B. City Construction Observation (Est. 8.0% of $2,058,581.00 164,686.48
C. GIS Data Entry 3,847.00
ESCROW TOTAL $189,119.29
This breakdown is not a restriction on the use of the security.
32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. City Administrative (Est. 1.0% of $2,058,581.00 $20,585.81
B. Trunk Sewer Availability Charge (SAC) 158,460.00
C. Trunk Water Availability Charge (WAC) 110,640.00
D. Park Dedication 140,313.60
E. Traffic Control Signs 16,500.00
F. Street Light Operating Fee 2,500.00
TOTAL CASH REQUIREMENTS $448,999.41
33. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship, other than as set forth hereafter in
this Section 34, for a period of one (1) year. The warranty period for streets is two (2) years as specified in
this Contract. The warranty period for underground utilities is two (2) years and shall commence following
completion and acceptance by City Council. A minimum of 10% of the total security as specified above in
the portion of Section 31 of this Contract shall be retained as warranty security calculated as follows.
DEVELOPMENT WARRANTY LETTER OF CREDIT
A. Sanitary Sewer $57,244.73
B. Watermain 49,530.75
C. Storm Sewer 47,071.95
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D. Streets 120,625.00
E. Erosion & Sedimentation Control 15,000.00
TOTAL WARRANTY LETTER OF CREDIT $289,472.43
34. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, 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, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
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Developer shall pay in full all bills submitted to it by the City prior to any reductions in the
security for the development.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit
fees.
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 Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty-eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
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 environmental regulations. 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 Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
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E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and 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 and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. 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 Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In
the event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the
Developer is well seized in fee title of the property being final platted and/or has obtained
consents to this Contract, in the form attached hereto, from all parties who have an interest in
the property; that there are no unrecorded interests in the property being final platted; and that
the Developer will indemnify and hold the City harmless for any breach of the foregoing
covenants.
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I. Insurance. Prior to execution of the final plat, Developer and its general contractor shall
furnish to the City a certificate of insurance showing proof of the required insurance required
under this Paragraph. Developer and its general contractor shall take out and maintain or
cause to be taken out and maintained until six (6) months after the City has finally accepted
the public improvements, such insurance as shall protect Developer and its general contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Developer and its general contractor or anyone
directly or indirectly employed by either of them. The minimum amounts of insurance shall be
as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do business in the State of Minnesota, (ii) shall
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name the City, its employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A
copy of the endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least
thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment
of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general
contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer,
or anyone for whose acts Developer may be liable. Developer agrees this indemnity
obligation shall survive the completion or termination of this Contract.
K. 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.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
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Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a
Certificate of Completion and Release.
M. Retaining walls over four feet in height shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built. All retaining
walls must comply with the City’s engineering manual and the City’s zoning ordinance.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the
Developer or other lot owners in the Development. Private agreements between the owners of
lots within the Development for shared service or access and related matters necessary for the
efficient use of the Development shall be the responsibility of the lot owners and shall not bind
or restrict City authority to approve applications from any lot owner in the Development.
37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 21301 County Road 81 Rogers, MN 55374. Notices to the City shall be in writing
and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in
care of the City Administrator at the following address: Otsego City Hall, 13400 90th Street NE, Otsego,
Minnesota 55330.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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CITY OF OTSEGO
BY: ___________________________________________
Jessica L. Stockamp, Mayor
(SEAL)
AND __________________________________________
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2021, by Jessica L. Stockamp and by Audra Etzel, the Mayor and City Clerk of the City of Otsego, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
______________________________________________
NOTARY PUBLIC
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DEVELOPER:
ASHWOOD DEVELOPMENT, LLC
BY: ___________________________________________
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2021, by __________________________________ the ____________________________________ of
Ashwood Development, LLC, a Minnesota limited liability company on behalf of said entity.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
DSK/smt
24
218043v1 Ashwood 3rd Addition
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
SCHERER LIMITED PARTNERSHIP, a Minnesota limited partnership, fee owner of all or part of
the subject property, the development of which is governed by the foregoing Development Contract, affirms
and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to
that portion of the subject property owned by it.
Dated this _____ day of ____________, 2021.
SCHERER LIMITED PARTNERSHIP
a Minnesota limited partnership
By: S. B. General Partner, Inc., a Minnesota corporation
Its Sole General Partner
By: _________________________________________
Peter L. Scherer
Its President
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2021,
by Peter L. Scherer the President of S.B. General Partner, Inc., a Minnesota corporation, the Sole Partner
of Scherer Limited Partnership, a Minnesota limited partnership, on behalf of said entity.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
DSK/smt
25
218043v1 Ashwood 3rd Addition
[BANK LETTERHEAD]
IRREVOCABLE LETTER OF CREDIT
No. ___________________
Date: _________________
TO: City of Otsego
City Hall
13400 90th Street NE
Otsego, Minnesota 55330
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable
Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the
undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____,
of (Name of Bank) ";
b) Be signed by the City Administrator or Finance Director of the City of Otsego.
c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30,
2_____.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five
(45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers
written notice to the Otsego Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit.
Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty -
five (45) days prior to the next annual renewal date addressed as follows: Otsego Finance Director, Otsego City
Hall, 13400 90th Street NE, Otsego, MN 55330, and is actually received by the Finance Director at least thirty
(30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred
to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may
be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice
for Documentary Credits, International Chamber of Commerce Publication No. 600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
[NAME OF BANK]
BY: ____________________________________
Its ______________________________
________________________________ 7
ASHWOOD 3RD ADDITION
KNOW AU. PERSONS BY THESE PRESENTS: That Ashwood Development, LLC, a Minnesota limited liability company, fee owner of the following
described property situated in the County of Wright, State of Minnesota, to wit:
Out/at C, ASHWOOD, Wright County, Minnesota
Has caused the same to be surveyed and plotted as ASHWOOD JRD ADDITION 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 Ashwood Development, LLC, a Minnesota limited liability company, has caused these presents to be signed by its
proper officer this ___ day of _________ _ 20 __
ASHWOOD DEVELOPMENT, U.C
Jeff Benzinger, Chief Manager
STATE OF ______ _
COUNTY OF _____ _
This instrument was acknowledged before me this --,-..,...,-,,.,..--day of ---,---,---,-,--,-,,------, 20 ____ , by Jeff Benzinger, Chief Manager
of Ashwood Development, LLC, a Minnesota limited liab,'lity company, on behalf of the company.
SURVEYORS CERTIFICATE
Notary Public,
(Signature)
(Name Prln ted)
___________ County,
My Commission Expires ___________________ _
I, Mathew J. Welinski, do hereby certify that this plot was prepared by me or under my direct superv1s1on; that I am a duly Licensed Land Surveyor
in the State of Minnesota; that this plot is a correct representation of the boundary survey,· that oil mathematical data and labels are correctly
designated on this plat; that oil monuments depicted on this plot have been, or will be correctly set within one year; that oil water boundaries and
wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate ore shown and labeled on this plat; and all
public ways are shown and labeled on this plot.
STATE OF ______ _
COUNTY OF ______ _
Dated this ____ day of ____________ , 20 ___ _
Mathew J. Welinski, Licensed Land Surveyor
Minnesota License Na. 53596
The foregoing Surveyor's Certificate was acknowledged before me this _____ day of __________ , 20 __ , by Mathew J. Welinski,
Land Surveyor, Minnesota License No. 53596.
Notary Public,
(Signature)
(Name Printed)
___________ County,
My Commission Expires
CITY COUNCIL, CITY OF OTSEGO, MINNESOTA
This plat of ASHWOOD JRD ADDITION was approved and accepted by the City Council of the City of Otsego, Minnesota, at o regular meeting
thereof held this ____ day of __________ , 20 __ , and said plat is in compliance with the provisions of Minnesota Statutes,
Section 505.03, Subd. 2.
Mayor City Clerk
WRIGHT COUNTY SURVEYOR
I hereby certify that in accordance with Minnesota Statutes, Section 505. 021, Subd. 11, this plat has been reviewed and approved this
____ day of __________ , 20 ___ _
Wright County Surveyor
WRIGHT COUNTY HIGHWAY ENGINEER
This plat was reviewed and recommended for approval this _____ day of ___________ _ 20 __
Wright County Engineer
WRIGHT COUNTY AUD/TOR/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 ore no delinquent taxes and transfer entered this ____ day of
---------------, 20 ___ _
By -----------------
Wright County Auditor/Treasurer Deputy
WRIGHT COUNTY RECORDER
I hereby certify that this instrument was filed in the office of the County Recorder for record on this _ __ day of ___________ _
20 ___ , at ____ o'clock ___ .M., and was duly recorded in Cabinet No. _____ _ Sleeve _______ , as Document
Number ----------
Wright County Recorder
WRIGHT COUNTY REGISTRAR OF TITl.ES
I hereby certify that this instrument was filed in the office of the County Recorder for record on this ___ day of ___________ _
20 ___ , at ____ o'clock ___ .M., and was duly recorded in Cabinet No. _____ _ Sleeve _______ , as Document
Number _________ _
Wright County Registrar of Titles
Westwood
Professional Services, Inc.
Sheet 1 of 4 sheets
::;> l1J
IA/ A vv r1
I
L
ASHWOOD 3RD ADDITION
I
c-5j T A
L I r1
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A n p I
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L--------., _____ *_:66 _* ______ L.f.N~8~9:,i01~9~•5::2..J".E,E_+~11t:,E6:2:6,::::2L..1 -,-..1..... _____ _,.1. ______________ t·\ --_I\ ---\ L ---
I i \ Found 1/2 Inch Open-,,,,,.
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I ·-
'-Found 1/2 Inch Open/
( I
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OUTLOTA
.-·,
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~
C -0 -. SB8°43'46"W /
0) !-177.28 -· /
~ ···············••· .................... .
~\ ----:=er -
OUTLOTB
6
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6
12
l. /. ~
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\ r
/
0, " I ;,,; -.....
"" -_,.
OUTLOTC
,.,.,..-SW Car of the NW 1 /4 of
1 Section 28, Township 121,
/ Range 23
f Found Wright County
1 Cast Iron Monument
I
5
7
11
10
7
6
'--Found 1/2 Inch Capped Iron
(un-readable)
1
.......... / .
2 \
. "" -. -., . / \
'
\-North line of Outlot C, \ \
ASHWOOD
\ \ ,,,
\' \
.r.-.
/ I ..3
\ 2 \
\ \ 3 --
" ,,,.-. -..... ........ 1 2
3 \ -----\-;;
3
4
1
8
,r
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<
.......... . -
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9
5
-........ ( ·--
OUTLOTE
2
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3
4
r-.
) 5 n -,---
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V <J t
_,/
6
9
2
8
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3
2
4
6 1
\ ) 4 5
---. _..,
1
n
"' LI 4
V
3 5 6 7
8
INSET A 4
{SEE SHEET 3 OF 4 SHEETS) ~11~---------1----r--------L-2
1
\
6
13
NBB 0 06'0J.::_E 323.32
OCHOA AVENUE
7
4
12
8 9
.-·---
5
,,....
I
5 ,....
4 \
INSET B
(SEE SHEET 4 OF 4 SHEETS) '\
' 3 " .........
" 2
1
11
. ----
.........
10
LJ=/8027'44"
R=530.20
L-170.34~ -
9
---~~
10
11
12
5
-
OUTLOTD
'--.--......
. -. --------
75TH STREET NE
\ __..-,,...1"L---..,,...-_, .. ,iH Lr
-----'i', I I --
' _J . -
-----\ \
\
3
.
' '31: •
0)" 6 0i.!O
Id io
IN~
-I<') C <: --
\
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',, N12°49'54"W ' '-;.,-80. 00
I
I
I
I
I r . "-\. ------, \ N77°10'06"E
! ', ',~ 73.6.J ~-~'--:..:-~./~---------~===~---~~~~~i--------------------=1-----' ss9°t9'4.J"W 1325.40 ',~ No2 o28 ,30 -w
,\.___ 20. 65
\
\
L
Vicinity Map
Not to Scale
1/4 NE 1/---:
I
75TH ST NE-1
SW 1/4 SE 1/4
__ jl __
70TH ST: NE (CR 38)
SECTION 28, TOWNSHIP 721, RANGE 23
80 0 80 160 240 -------Scale
0
in feet
Scale: 1 Inch -80 Feet
BEARING ORIENTATION:
The north line of Outlot C, ASHWOOD, is
assumed to bear N 89°19'53" E
Denotes Wright County Monument
Denotes 1/2 inch by 14 inch iron rebar set
and marked by License No. 53596
• Denotes 1/2 inch by 14 inch iron rebar
found and marked by License No. 23021,
unless otherwise noted
Westwood
Professional Services, Inc.
Sheet 2 of 4 sheets
\
\
\
\
294.02
"-Found 1/2 Inch Open
I
(
IA
/
Edge of Wetland ___ .,, \
Ol/TLOTA
---Edge of Wetland-...._ .
'✓
\ -"' \ ?> -.... -~
Ol/TLOT B
.......... S88°43'46"W 717.28 ·-::·
" .
I
.J
---
I
\
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~<:J· -~ \ .-,fl
o<:;">
~<:;\
/
3000 \3000
VJ a
a ,'!
0, p '°. "' I "'· "' o,·
a a
~
30 30
ASHWOOD 3RD ADDITION
NB9°19'53"E 1166.21
,---307.65 //~
I ,,,
I ,, ,,
I ,,
,<o_ I 1 Drainage &-----.-.. / ~ ,, // 90 Utility Easement \ ', ,,, -1 "'I , ' ,,, 7-01·
"'I \, ,,x ./~ Ll=0°59'25" / r.. ~' oA" I ,7-L=4.84 ,, ,, tl<:;6
I ~ ~ ~ / 0
I// sag 0 42'56"W 127.56 ,, _,,,
..-'[.,, ----------__.,.
Ol/TLOTE
. ...._ . -.
-·
..........
. --
\ /
I
I
/
\
\
\
..........
·-.
504.53
'---North lfne of Outlot C,
ASHWOOD
l
./
Edge of Wetland-...._
\
\
\
\
\
)----..........
--------
(S
~-//JJ-tl4Nc=-,
0
•
588°06'0/''W 323.32
BEARING ORIENTATION:
'" a
The north line of Outlot C, ASHWOOD, is
ossumed to bear N 89°79'53" E
Denotes 1/2 inch by 14 inch iron rebar set
and marked by License No. 53596
Denotes 1/2 inch by 14 inch iron rebar
found and marked by License No. 23021,
unless otherwise noted
' I I
/ ·,
\
I
I
Drainage and Utility Easements are shown thus:
I
I
5-I
I
I
~ I _____ J ____ J
l-5
I
I
I ~
L ___ l _____ _
(Not to Scale)
Being 5 feet in width, unless otherwise indicated,
and adjoining lot lines, and 10 feet in width and
adjoining right-of-way lines os shown on the plat.
INSET A
(FROM SHEET 2 OF 4 SHEETS)
50 0 50 100 150
Scale in feet
Scale: 1 Inch -50 Feet
Westwood
Professional Services, Inc.
Sheet 3 of 4 sheets
INSET B
(FROM SHEET 2 OF 4 SHEETS)
.-N88°43'46"E 177.28 ··••·•··········•· ............................................. .
,---.........
OU7LOTB
\.
\
\
I
' I
I
I
\
/
I
\ --Edge of Wetland
OU7LOTC
,,.---SW Car of the NW 1/4 of
/ Section 28, Township 21,
1 Range 23
/ Found Wright County
I Cast Iron Monument
I
I --<
/-Edge of Wetland
I
~
~
~
\ /
/
---------
\ ;
I
ASHWOOD 3RD ADDITION
/
N05° 38'50"W /
28.72 --e,
I
\
\
)
30
\
-158.16 -
194.56
S88°06'0/"W 323.32
OCHOA A VENUE
/
375. 72
S89°19'43"W 569.68
Drainage and UWity Easements are shown thus:
5-1
I
I
~ I _____ J ____ J
l-5
I
I
I ~ L ___ l _____ _
(Not to Scale)
Being 5 feet in width, unless otherwise indicated,
and adjoining lot lines, ond 10 feet in width and
adjoining right-of-way lines as shown on the plat.
Ll=/3027'44"
R=sso.20
----'c:.L 170.84
-
-------------
----1·-.---
OU7LOTD
-. -,
I
I
Edge of Wetland -1
"' C)
·-------·-
BEARING ORIENTATION:
The north line of Outlot C, ASHWOOD, is
assumed to bear N 89°19'53" E
Denotes Wright County Monument
o Denotes 1/2 inch by 14 inch iron rebar set
and marked by License No. 53596
• Denotes 1/2 inch by 14 inch iron rebar
found and marked by License No. 23021,
unless otherwise noted
50 0 50 ---150 ----Scale
\
/ -·
\.
\
I
I
)
in
Scale: 1 Inch -
\
'
feet
50 Feet
.,. -·
1l...1 ---:;,73ri.6§°j~(: .. ,,.?'"
I \
I
' I
'· -•
... C) ·--010 06 i;;.
i~--~:..:..:~) ____ __1!~---------~============---L--sssio'ii~w"i'::i25.-ow-----------~L------------------==~j'N77 764.13 '\
_, 561.27 I ...... ,~ N02°28'30"W
S89°19'43"W 1325.40 Found LS #23002 .. 1 "'---20.65
Westwood
Professional Services, Inc.
Sheet 4 of 4 sheets