Item 3.9 Tanglewood Development
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 12 August 2024
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Engineer Wagner
City Attorney Kendall
3.9 – Tanglewood
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 the City Council approve vacation of existing public right-of-way and drainage and utility
easements, a final plat, and development contract.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes Yes, was held by Planning Commission 6 March 2024.
BACKGROUND/JUSTIFICATION:
Tamarack Land – Lannon, LLC is requesting final plat approval of Tanglewood consisting of 64 single family lots for a
preliminary plat approved on 25 March 2024. Two of the lots incorporate existing single family dwellings within the
subject property on an interim basis until these areas are platted with future phases in accordance with the preliminary
plat. The subdivision design for the final plat is consistent with the approved preliminary plat.
▪ Comprehensive Plan. The Future Land Use Plan of the 2023 Comprehensive Plan guides the subject site for low
density residential uses, which is single family development with a net density of 3.0 dwelling units per acre or
less. The subject site has a net area of 69.3. The resulting net density of the proposed preliminary plat with 185
single family lots is 2.67 dwelling units per acre. The proposed preliminary plat is consistent with the policies of
the 2023 Comprehensive Plan.
▪ Zoning. The subject site is zoned R-5, Residential Single and Two Family District. Portions of the subject site are
also within the Shoreland Overlay District. Single family lots are a permitted use within the R-5 District.
▪ Vacation. The subject property includes existing right-of-way for Lannon Avenue and drainage and utility
easements dedicated with the Meyer Addition preliminary plat. The public hearing held for the preliminary plat
included notice to vacate the existing right-of-way and drainage and utility easement in conjunction with
replatting the subject property as these dedications no longer will serve a public purpose upon recording of the
proposed final plat.
▪ Outlots. The proposed final plat includes the outlots described in the table below:
Outlot Purpose Ownership
A-B Stormwater basins/wetlands Deed to City
C-D Future phases Developer
▪ Lot Requirements. The preliminary plat and PUD-CUP approval allowed lot area requirements of the R5 District
to be satisfied by compliance on mean and median basis within the preliminary plat. The preliminary plat
approval also included a PUD Density analysis for portions of the plat within the Shoreland Overlay District
meeting the requirements of Section 11-92-17.D of the Zoning Ordinance. The interior lots comply with the 60
foot minimum lot width requirement of the R5 District. The PUD-CUP approved with the preliminary plat allows
for corner lots to be a minimum of 78 feet width and not the 90 feet required by the Zoning Ordinance. The lots
within the final plat comply with the preliminary plat and PUD-CUP approval.
▪ Setbacks. The table below summarizes the minimum setback requirements applicable to the lots within the final
plat based on the requirements of the R5 District and PUD-CUP. Each of the lots within the final plat have a
building envelope that complies these setbacks.
70th St.
CSAH 38
Local
Street
Interior
Side
Interior
Rear
Wetland
Buffer
65ft. 25ft. house
30ft. garage 7ft. 20ft. 20ft.
▪ Access. The final plat is accessed from 70th Street (CSAH 38) via Large Avenue at the west line of the subject
property abutting the Duerr Creek plat and a new local street at approximately the same location as existing
Lannon Avenue. The right-of-way dedication and construction plans for the accesses to 70th Street (CSAH 38) are
subject to review by the City Engineer and approval or Wright County.
Connections will also be made to Martin Farms at 71st Street at the east plat line and to Sunray Farms at 73rd
Street at the west plat line. The developer is responsible for removal of the temporary cul-de-sac at the current
terminus of 71st and restoration of the driveways and yards of the abutting lots. The City will require a
preconstruction site meeting with the effected property owners to discuss the scope of work and timing. There
is no temporary cul-de-sac at the connection to 73rd Street.
▪ Streets. The proposed lots within the final plat will be accessed by local public streets entering the development
that are to be 28 feet wide with concrete curb and gutter within a 60 foot wide right-of-way. A temporary cul-
de-sac is required at the terminus of Langley Avenue with this phase of development that will be established by
document and expire upon approval of a final plat. Street names shown on the final plat are consistent with
Section 10-8-10.B.13 of the Subdivision Ordinance and the Wright County grid system. All street construction
plans are subject to review and approval by the City Engineer.
The existing single family dwellings that are to remain will be provided with temporary access until such time at
the lots are platted with a future phase of development. The access to the farmstead property within Lot 1,
Block 8 is to be redirected to the terminus of 74th Street in Sunray Farms along the west plat line. Access to Lot
2, Block 8 will be via a private driveway within the right-of-way for existing Lannon Avenue connecting to 72nd
Street as constructed with the final plat. The temporary access to Lot 2, Block 8 will necessitate an
encroachment agreement be executed terminating the access upon approval of a future final plat for the lot.
▪ Sidewalks/Trails. A five foot concrete sidewalk is to be constructed on one side of all streets. A trail is to be
constructed on the east side of Large Avenue from 70th Street to 71st Street. The developer will receive credit for
the construction of the trail section from park dedication fees in lieu of land. All sidewalk and trail design and
construction plans are subject to review and approval of 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. Section 11-19-2.B of the Zoning Ordinance requires installation of two shade trees per lot.
Builders will install the required landscaping 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.
Plantings meeting the requirements of Section 11-19-3.B of the Zoning Ordinance for a landscape buffer yard in
the yards of the lots in Block 4 abutting 70th Street (CSAH 38) are provided on the landscape plan in addition to
the two trees required for each lot. The development contract includes a security for installation and survival of
the buffer yard plantings.
The types and sizes of proposed plantings are appropriate and comply with Section 11-19-3.A.2 and Section 11-
19-3.B.3 of the Zoning Ordinance.
▪ 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. Temporary
drainage and utility easements are to be dedicated by document over Outlots C and D with expiration upon
subsequent final plat approval. 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. Outlots A and B, which encompass stormwater basins and wetlands, are to be deeded to the City. All
grading, drainage, and erosion control plans are subject to review and approval by the City Engineer. The
developer will pay a Stormwater Impact fee for Otsego Creek with the development contract upon approval of
the final plat.
▪ Utilities. The developer has submitted utility plans for the proposed final plat that are subject to review and
approval by the City Engineer. The existing homes on Lot 1 and Lot 2, Block 8 will not be connected to sewer and
water utilities at this time. The developer is required to pay Utility Availability Charges at the time of final plat
approval for 62 lots as outlined in the Development Contract. Utility connection charges are to be paid by the
builder 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 Parks System Master Plan does not identify acquisition of land within the subject
property for public park land. The development contract provides for satisfaction of park and trail dedication
requirements as a cash fee in lieu of land for 62 lots in accordance with Section 10-15-8.I of the Subdivision
Ordinance. No park dedication fee in lieu of land is to be charged for Lots 1, and 2, Block 8, which encompass
the existing single family dwellings until the lots are final platted as part of a future phase of development.
A trail will be constructed adjacent to Large Avenue as noted above and within an outlot to be final platted in the
future within the area of Lot 1, Block 8 to improve connectivity of the City’s trail system. The developer will
receive credit for the cost of construction of the trail from applicable park dedication fees in lieu of land.
▪ Development Contract. The City Attorney has drafted a Development Contract executed by the developer
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.
▪ Recording. Section 11-5-3-B.8 of the Subdivision Ordinance requires recording of the final plat within 100 days of
City Council approval. The City Clerk will record the final plat and Development Contract upon receipt of the
fees and securities required by the development contract.
SUPPORTING DOCUMENTS ATTACHED:
• Site Location Map
• Final Plat (4 sheets)
• Resolution 2024-56 vacating existing public right-of-way and drainage and utility easements
• Findings of Fact and Decision
• Resolution 2024-57 approving a development contract
• Development Contract
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Resolution 2024-56 vacating existing public right-of-way and drainage and utility easements; approve
the final plat of Tanglewood subject to the conditions stated by the Findings of Fact and Decision as presented; and
adopt Resolution 2024-57 approving a development contract.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrows
N/A
Site Location Map
921 ft
Overview
Legend
Roads
CSAHCL
CTYCL
MUNICL
PRIVATECL
TWPCL
Highways
Interstate
State Hwy
US Hwy
City/Township Limits
c
t
Parcels
Torrens
Sheet 1 of 4 SheetsTANGLEWOODSURVEYORS CERTIFICATEI, Chris Ambourn, 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; thatthis plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on theplat have been or will be correctly set within one year as indicated on the plat; that all water boundaries and wet lands as defined in MS Section 505.01, Subd. 3 existing asof the date of this certification are shown and labeled on the plat; and that all public ways are shown and labeled on the plat.Dated this day of , 20Chris Ambourn, Licensed Land SurveyorMinnesota License No. 43055STATE OF COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me on this day of , 20 , by Chris Ambourn, Licensed LandSurveyor, Minnesota License No. 43055. (Signature)(Name Printed)Notary Public, County, My Commission Expires CITY COUNCIL, CITY OF OTSEGO, MINNESOTAThis plat of TANGLEWOOD was approved by the City Council of the City of Otsego, Minnesota at a regular meeting thereof held this day of , 20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2.By By Mayor ClerkWRIGHT COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20.By Wright County Surveyor WRIGHT COUNTY HIGHWAY ENGINEERThis plat was reviewed and recommended for approval this day of , 20.By Wright County EngineerWRIGHT COUNTY LAND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefore described have been paid. Also, pursuantto Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of , 20.By Wright County Land Records Administrator WRIGHT COUNTY RECORDERI 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 No. .By Wright County RecorderKNOW ALL PERSONS BY THESE PRESENTS: that Jeanette A. Kurtti, as Trustee of the Gerald D. Kurtti Trust dated May 17, 2023, an undivided 1/2 interest and by Jeanette A.Kurtti, as Trustee of the Jeanette A. Kurtti Trust dated May 17, 2023 an undivided 1/2 interest, fee owners of the following described property situated in the County of Wright,State of Minnesota, to wit:The West Half of the Southeast Quarter of Section 25, Township 121, Range 24, EXCEPT that part platted as Meyer Addition, Section 25, Township 121, Range 24, WrightCounty, MinnesotaANDLots 1-8 of Block 1; Lots 2-8 of Block 2, all in Meyer Addition, Wright County, Minnesota.That Steven T. Dalzell and Kimberly K. Dalzell, as joint tenants, fee owners of the following described property situated in the County of Wright, State of Minnesota, to wit:Lot 1, Block 2, Meyer Addition, Wright County, Minnesota.Has caused the same to be surveyed and platted as TANGLEWOOD and does hereby dedicate to the public for public use the public ways and the drainage and utilityeasements as created by this plat.In witness whereof said Jeanette A. Kurtti, as Trustee of the Gerald D. Kurtti Trust dated May 17, 2023, an undivided 1/2 interest and by Jeanette A. Kurtti, as Trustee of theJeanette A. Kurtti Trust dated May 17, 2023 an undivided 1/2 interest, have hereunto set her hands this day of , 20 .By Jeanette A. Kurtti, Trustee of the Gerald D. Kurtti Trust dated May 17, 2023By Jeanette A. Kurtti, Trustee of the Jeanette A. Kurtti Trust dated May 17, 2023STATE OF COUNTY OF This instrument was acknowledged before me this day of , 20 , Jeanette A. Kurtti, as Trustee of the Gerald D. Kurtti Trust datedMay 17, 2023, an undivided 1/2 interest and by Jeanette A. Kurtti, as Trustee of the Jeanette A. Kurtti Trust dated May 17, 2023 an undivided 1/2 interest. (Signature)(Name Printed)Notary Public, County, My Commission Expires In witness whereof said Steven T. Dalzell and Kimberly K. Dalzell, as joint tenants, have hereunto set his hands this day of , 20 .By By Steven T. Dalzell Kimberly K. DalzellSTATE OF COUNTY OF This instrument was acknowledged before me this day of , 20 , Steven T. Dalzell and Kimberly K. Dalzell, as joint tenants. (Signature)(Name Printed)Notary Public, County, My Commission Expires
1234567812123876543211110987654321151413121234567891011121314151617549101 2 3 OUTLOT AOUTLOT B34LARGE AVENUE NELANNON AVENUE NE71ST STREET NE
72ND STREET NE LANGLEY AVENUE
NE
70TH STREET NELARGE AVENUE NE73RD STREET NE 1north line of the W 1/2 ofthe SE 1/4 of Sec. 25west line of the W 1/2 ofthe SE 1/4 of Sec. 25east line of the W 1/2 ofthe SE 1/4 of Sec. 25south line of the W 1/2 of
the SE 1/4 of Sec. 25
north line of the plat of
MEYER ADDITION
(north line of the South 1313.00 ft)east line of the plat ofMEYER ADDITIONwest line of the plat ofMEYER ADDITIONNE corner of the W 1/2of the SE 1/4 of Sec. 25,Twp. 121, Rge. 24Found 1/2 Inch RebarLS #12043Found 1/2 Inch Pipe Found 1/2 Inch PipeFound 1/2 Inch PipeLS #10943Found 1/2 Inch PipeLS #21401SW corner of the W 1/2of the SE 1/4 of Sec. 25,Twp. 121, Rge. 24Found 3 Inch WrightCounty DiscFound 1/2 Inch OpenFound 1/2 Inch RebarLS #23021Found 1/2 Inch OpenFound 1/2 Inch OpenFound 1/2 Inch Open60 6060606030
70707075S89°06'56"W 1299.27
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68.00S75°06'31"E19.92149.5015 north line of the SW 1/4of the SE 1/4 of Sec. 25Watermain & UtilityEasement per Doc No.909223south line of the NW 1/4of the SE 1/4 of Sec. 25Watermain & UtilityEasement per Doc No. 909223101010Watermain & UtilityEasement per Doc No. 909223151515Drainage Easement perDoc No. 1384482150100475
250edge of wetlandedge of wetlandedge of wetlandedge of wetlandedge of wetland14324567N75°2
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60.00∆=2°03'52"R=500.00CL=18.02CB=N15°36'13EL=18.02LANNON AVENUE NEOUTLOT COUTLOT DOUTLOT E828706.64N89°35'12"E 689.68 N00°49'25"W6.25S89°56'39"E 612.07
0100200300Sheet 2 of 4 SheetsTANGLEWOODINSET A(SEE SHEET 3 OF 4 SHEETS)INSET B(SEE SHEET 4 OF 4 SHEETS)(NOT TO SCALE)CITY OF OTSEGOSECTION 25, TOWNSHIP 121, RANGE 24VICINITY MAPSITESET 1/2" BY 14" REBAR WITH CAP #43055FOUND MONUMENT AS NOTEDBEARING ORIENTATION:THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEASTQUARTER OF SECTION 25, TOWNSHIP 121, RANGE 24, ISASSUMED TO BEAR S 89°56'39" EFOUND WRIGHT COUNTY CAST IRONMONUMENTLABEAUX AVENUE NE
MACIVER AVENUE NE70TH STREET NE80TH STREET NEScale in Feet1 Inch = 80 FeetWETLANDS WERE DELINEATED BYKJOLHAUG ENVIRONMENTAL SERVICES
12345687654321111098765432115141312OUTLOT ALARGE AVENUE NE
LANGLEY AVENUE NE73RD STREET NE1322N89°59'07"W 175.10S00°43'07"E 500.43
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45.61 ∆=20°23'37"R=500.00L=177.97∆=40°50'04"R=250.00L=178.17S75°06'31"E 68.00S89°16'53"W 64.0034.0034.0034.0030.0030 303030303030
3030303030.00 30.00N89°16'53"E 145.09N89°16'53"E 145.09N89°16'53"E 145.09N89°16'53"E 145.09N89°16'53"E 145.09N89°16'53"E 145.0978.00 78.00 78.00 78.00 78.00 103.41 141.1597.6078.0078.0078.0078.0078.00 ∆=89°16'00"R=4.00L=6.23S89°16'53"W 130.00S89°16'53"W 130.00S89°16'53"W 130.00S00°43'07"E 135.00S00°43'07"E 135.00S00°43'07"E 135.00S00°43'07"E 135.00
S00°43'07"E 135.00
S00°43'07"E 119.79
N89°13'07"E 155.76N68°11'35"E
144
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135
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132
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∆=15°40'22"
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140
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133
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133
.00S75°02'04"W 140.70S86°30'52"W 152.49N82°00'32"W 153.50S25°56'35"E 188.12N19°08'29"W 164.41N07°52'42"W42.92S73°26'22"W 142
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2.6761.0061.26∆=10°58'38"L=53.65∆=11°28'42"L=56.09∆=11°28'42"
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10 Drainage &Utility EasementDrainage &Utility EasementDrainage &Utility EasementDrainage &Utility EasementDrainage &UtilityEasementDrainage &Utility EasementDrainage &Utility EasementDrainage &Utility EasementDrainage &Utility EasementN89°35'12"E 197.60∆=10°40'56"L=87.63∆=9°22'57"L=76.97∆=6°52'27"L=63.59∆=6°42'51"L=62.11∆=6°30'40"CB=S08°30'49"ECL=60.20R=530.00L=60.23∆=0
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27.8115 OUTLOT COUTLOT D28LANNON AVENUE NE
OUTLOT E
N00°49'25"W 706.64S75°06'31"E 293.09N00°49'25"W 702.12
S00°49'25"E 684.57
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68.5646.90∆=88°15'20"R=4.00L=6.16N75°25'43"W60.00CL=18.02CB=N15°36'13"E∆=2°03'52"R=500.00L=18.02546.62
542.11 160.02 66.01273.03160.02 Drainage &Utility Easement101010
10Found 1/2 Inch OpenFound 1/2 Inch OpenFound 1/2 Inch Open15Watermain & Utility Easementper Doc No. 9092231010Drainage &Utility EasementDrainage & Utility Easementover all of Outlot A126.37124.56050100150Sheet 3 of 4 SheetsTANGLEWOODINSET A(FROM SHEET 2 OF 4 SHEETS)SET 1/2" BY 14" REBAR WITH CAP #43055FOUND MONUMENT AS NOTEDBEARING ORIENTATION:THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEASTQUARTER OF SECTION 25, TOWNSHIP 121, RANGE 24, ISASSUMED TO BEAR S 89°56'39" EScale in Feet1 Inch = 50 FeetBEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED,AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH ANDADJOINING RIGHT-OF-WAY LINES AS SHOWN ON THE PLATDRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:(NOT TO SCALE)10
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71ST STREET NE72ND STREET NE72ND STREET NE70TH STREET NE70TH STREET NELARGE AVENUE NE 4654S00°43'07"E 685.81S89°56'39"E 692.13N89°56'39"W 612.07N00°49'25"W 573.52N00°49'25"W33.00LANNON AVENUE NE LARGE AVENUE NEN89°59'07"W 83.94∆=90°44'00"R=90.00L=142.52 S00°43'07"E 327.65 S89°16'53"W 390.46∆=15°36'36"R=500.00L=136.22S75°06'31"E 413.00259.98 214.77
307.11304.9644.01 30.00 30.00 S89°16'53"W64.00S75°06'31"E68.00303030303030303030
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77 N89°16'53"E 145.09N89°16'53"E 145.09N89°16'53"E 134.76N89°16'53"E 145.0978.0078.0055.05 78.0078.0078.00102.9150.2954.94∆=90°43'59"L=95.02 ∆=21°39'12"L=105.82∆=89°16'00"R=4.00L=6.23∆=5°09'03"L=25.17∆=26°48'16"R=280.00L=130.99CB=N14°07'14"WCL=129.80S89°16'53"W 157.20S89°16'53"W 168.53S89°16'53"W 182.57S89°16'53"W 140.93S00°43'07"E 140.00N00°43'07"W 140.00N00°43'07"W 192.40N00°43'07"W 166.20
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30303030303030
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1010 1010101010101010
101010101
0
10
1010101010
10 1010Drainage & Utility EasementDrainage & Utility EasementDrainage &Utility EasementDrainage &UtilityEasementDrainage &UtilityEasementDrainage &UtilityEasementDrainage &UtilityEasementDrainage &UtilityEasementDrainage &UtilityEasementDrainage &UtilityEasementDrainage & Utility Easementover all of Outlot B050100150Sheet 4 of 4 SheetsTANGLEWOODINSET B(FROM SHEET 2 OF 4 SHEETS)SET 1/2" BY 14" REBAR WITH CAP #43055FOUND MONUMENT AS NOTEDBEARING ORIENTATION:THE SOUTH LINE OF THE WEST HALF OFTHE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 121, RANGE 24, IS ASSUMED TOBEAR S 89°56'39" EScale in Feet1 Inch = 40 FeetBEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED,AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH ANDADJOINING RIGHT-OF-WAY LINES AS SHOWN ON THE PLATDRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:(NOT TO SCALE)10
10 55WETLANDS WERE DELINEATED BYKJOLHAUG ENVIRONMENTAL SERVICES
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-56
VACATING EXISTING PUBLIC RIGHT-OF-WAY
AND DRAINAGE AND UTILITY EASEMENTS
TANGLEWOOD
WHEREAS, Tamarack Land Development has initiated vacation of existing right-of-way and drainage and utility easements
within the area to be platted at Tanglewood as described as:
The West Half of the Southeast Quarter of Section 25, Township 121, Range 24, EXCEPT that part platted
as Meyer Addition, Section 25, Township 121, Range 24, Wright County, Minnesota
AND
Lots 1-8 of Block 1; Lots 2-8 of Block 2, all in Meyer Addition, Wright County, Minnesota.
That Steven T. Dalzell and Kimberly K. Dalzell, as joint tenants, fee owners of the following described
property situated in the County of Wright, State of Minnesota, to wit: Lot 1, Block 2, Meyer Addition,
Wright County, Minnesota.
WHEREAS, the existing right-of-way and drainage and utility easements to be vacated are described as:
A. A portion of the public right-of-way dedicated with the plat of MEYER ADDITION, according to the recorded plat
thereof, Wright County, Minnesota, as described by Exhibit A.
B. The Drainage & Utility Easements as dedicated on Lots 1 through 8, inclusive, Block 1 and Lots 1 through 8,
inclusive, Block 2, MEYER ADDITION, according to the recorded plat thereof, Wright County, Minnesota.
C. The Drainage & Utility Easement dated January 24, 1994 by Grantors Gerald D. Kurtti and Jeanette A. Kurtti and
recorded January 26, 1994, as Document No. 544525 in the Office of the County Recorder, Wright County.
D. Permanent Watermain and Utility Easement dated May 5, 2004 by Grantors Gerald D. Kurtti and Jeanette A. Kurtti
and recorded May 14, 2004, as Document No. 909223 in the Office of the County Recorder, Wright County.
WHEREAS, the City Engineer has reviewed the request and determined that the existing right-of-way and drainage and
utility easements are unnecessary for public purposes upon recording a final plat for subdivision of the above described
property; and
WHEREAS, the Planning Commission held a public hearing at their regular meeting on 6 March 2024 to consider the
vacation, preceded by required published and mailed legal notice; and
WHEREAS, the Planning Commission heard all parties interested therein, closed the public hearing, and voted 7-0 to
recommend the City Council approve the vacation request; and
WHEREAS, the Request for Council Action dated 12 August 2024 prepared by the City Planner, The Planning Company LLC,
is incorporated herein; and
2
WHEREAS, the City Council having considered all information received finds that the existing right-of-way and drainage
and utility easements serve no useful public purpose and vacating the existing right-of-way and drainage and utility
easements would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA:
1. That the existing right-of-way and drainage and utility easements dedicated over the property described herein is
hereby vacated.
2. The vacation shall be effective upon recording a final plat the property described herein.
3. The City Council hereby determines that the vacation of said existing right-of-way and drainage and utility
easements shall cause no damage to any abutting or nearby property owners and therefore no damages are
awarded to any such property owners.
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3
ADOPTED by the Otsego City Council this 12th day of August, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
FINDINGS OF FACT & DECISION
FINAL PLAT
TANGLEWOOD
APPLICANT: Tamarack Land – Lannon, LLC
APPLICATION: Request for final plat approval of Tanglewood.
CITY COUNCIL MEETING: 12 August 2024
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:
The West Half of the Southeast Quarter of Section 25, Township 121, Range 24, EXCEPT that
part platted as Meyer Addition, Section 25, Township 121, Range 24, Wright County,
Minnesota
AND
Lots 1-8 of Block 1; Lots 2-8 of Block 2, all in Meyer Addition, Wright County, Minnesota.
That Steven T. Dalzell and Kimberly K. Dalzell, as joint tenants, fee owners of the following
described property situated in the County of Wright, State of Minnesota, to wit: Lot 1, Block 2,
Meyer Addition, Wright County, Minnesota.
B. The property lies within the West Sewer District and is guided for Low Density Residential land uses by
the 2023 Otsego Comprehensive Plan, as amended.
C. The property is zoned R-5, Residential Single and Two Family District and portions of the property are
within the Shoreland Overlay District.
D. A preliminary plat of the property together with a Planned Unit Development- Conditional Use Permit
was approved by the City Council on 25 March 2024.
E. The applicant is requesting final plat approval of 64 single family lots and four outlots.
F. The Request for Council Action dated 12 August 2024 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. 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.
2
DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED,
subject to the following stipulations:
1. The applicant shall execute a development contract as drafted by the City Attorney and subject to
approval of the City Council.
2. All of the lots within the final plat shall comply with the following setback requirements:
70th St.
CSAH 38
Local
Street
Interior
Side
Interior
Rear
Wetland
Buffer
65ft. 25ft. house
30ft. garage 7ft. 20ft. 20ft.
3. Right-of-way dedication and construction plans for access to 70th Street (CSAH 38) shall be subject to
review by the City Engineer and approval or Wright County.
4. All street, sidewalk, and trail construction plans shall be subject to review and approval by the City
Engineer.
5. An encroachment shall be executed allowing temporary access to Lot 2, Block 8 within the public
right-of-way north of 72nd Street; said agreement shall terminate upon approval of a future final plat
for the lot.
6. 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.
7. Landscaping as required by Section 11-19-2.B.1 of the Zoning Ordinance shall be installed by the
builder shall install one shade tree per lot at the time of construction.
8. All easements shall be subject to review and approval of the City Engineer.
9. Temporary drainage and utility easements shall be dedicated over Outlots C and D to expire upon
approval of a final plat.
10. All grading, drainage, and erosion control plans shall be subject to review and approval by the City
Engineer.
11. Outlots A and B shall be deeded to the City for stormwater management purposes.
12. The developer shall pay a Stormwater Impact Fee as required for Otsego Creek in accordance with the
City Fee Schedule.
13. All utility plans shall be subject to review and approval of the City Engineer.
14. The applicant shall pay applicable utility availability charges upon approval of the final plat and the
builder shall 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.
3
15. The developer shall satisfy park dedication requirements as a cash fee in lieu of land per lot not
including Lots 1 and 2, Block 8 and less a credit as determined by the City Engineer for the construction
of the trail abutting Large Avenue between 70th Street (CSAH 38) and 71 Street.
15. The final plat shall be recorded within 100 days of City Council approval as required by Section 10 -5-
3.B.8 of the Subdivision Ordinance.
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4
ADOPTED by the Otsego City Council this 12th day of August, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-57
APPROVING A DEVELOPMENT CONTRACT
TANGLEWOOD
WHEREAS, Tamarack Land - Lannon, LLC is proposing subdivision of Tanglewood; and
WHEREAS, a final plat for the development was approved by the City Council on 12 August 2024; 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 agreement; 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:
1. The Development Contract attached hereto between the City of Otsego and Tamarack Land - Lannon, 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.
(The remainder of this page intentionally left blank)
2
ADOPTED by the Otsego City Council this 12th day of August, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
231501v3 Tanglewood
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TANGLEWOOD
CONTRACT dated ____________________, 2024, by and between the CITY OF OTSEGO, a
Minnesota municipal corporation (“City”), and TAMARACK LAND - LANNON, LLC, a Minnesota limited
liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for TANGLEWOOD (referred to in this Contract as the "plat"). The land is situated in the County of Wright,
State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof.
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 one hundred (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
2
231501v3 Tanglewood
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
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 three (3) 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. 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
3
231501v3 Tanglewood
officer or director may not act as contractors or subcontractors for the public improvements identified in
Paragraph 8 below.
8. 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:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Plans and Specifications for Public Improvements
Plan D - Street Lighting Plan
Plan E - Landscape Plan
9. 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
4
231501v3 Tanglewood
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
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.
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
5
231501v3 Tanglewood
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Otsego for Building Permits, 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 November 30, 2025.
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 final wear course installation, 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 snow plowing and shall pay all costs associated with
snow plowing. Any plowing undertaken by the City shall not constitute City 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 seventy five percent (75%) build out is not achieved. However, the final wear course shall
not be delayed for a period longer than two (2) years after the base course is paved, regardless of build out;
in which case, the Developer shall provide an escrow for fog sealing the streets in the event the final wear
6
231501v3 Tanglewood
course is placed prior to seventy five percent (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 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
7
231501v3 Tanglewood
(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
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.
8
231501v3 Tanglewood
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
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 $643,748.50 which is due upon final plat approval. The security amount shall be one
hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public improvements and/or
private improvements required by the Subdivision Ordinance or Zoning Ordinance.
The Developer shall pay a cash fee in the amount of $104,210.55 for the Trunk Storm Water
Management Impact Fee for the Otsego Creek Watershed due upon final Plat Approval, calculated as
follows:
21.87 Net Acres X $4,765.00/Net Acre = $104,210.55
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 $428,994.00 for Lateral and Trunk Sanitary
Sewer which is due upon final plat approval. The security amount shall be one hundred twenty five
percent (125%) of the City Engineer’s estimated cost of all public improvements and/or private
improvements required by the Subdivision Ordinance or Zoning Ordinance.
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The Developer shall pay a cash fee in the amount of $189,038.00 for the Sewer Availability Charge
(“SAC”) at the time of plat approval which is calculated as follows:
62 REC X $3,049.00/REC = $189,038.00
21. LATERAL AND TRUNK WATERMAIN. The Developer shall post a security in the
amount of $494,718.00 for the installation of lateral and trunk watermain and connection. The security
amount shall be one hundred twenty five percent (125%) of the City Engineer’s estimated cost of all public
improvements and/or private improvements required by the Subdivision Ordinance or Zoning Ordinance.
The Developer shall pay a cash fee in the amount of $197,904.00 for the Water Availability Charge
(“WAC”) at the time of plat approval which is calculated as follows:
62 REC X $3,192/REC = $197,904.00
22. SEWER CONNECTION CHARGE AND WATER CONNECTION CHARGE. The
Developer or home builder shall pay to the City required water and sewer connection charges. The water
and sewer connection charges shall be collected per Section 8-1-6-C of City Code for all uses and must be
paid prior to the issuance of a building permit based on the fee schedule in effect at the time of application
for the building permit.
23. 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.
24. PARK DEDICATION. The Developer shall pay a cash contribution of $157,215.00 in
satisfaction of the City’s park dedication requirements. The Developer shall receive a credit as determined
by the City Engineer in the amount of $5,533.00 from the park dedication fee for the cost of construction of
an off-street trail abutting Large Avenue between 70th Street (CSAH 38) and 71st Street and a credit in the
amount of $56,608.00 for the previously final platted 16 lots of the Meyer Addition ($3,538.00 per lot). The
charge is calculated as follows:
62 lots at $3,538 per lot = $219,356.00 – Developer Credit in the amount of $62,141.00= $157,215.00
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25. WETLAND, STREET, AND TRAFFIC CONTROL SIGNS. The Developer shall pay a
cash fee to the City in the amount of $7,000.00 for installation of traffic control signs. The fee is calculated
as follows: twenty eight (28) traffic signs at $250.00 per street sign.
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 $3,000.00. The fee is calculated as follows: six (6) street light(s)
at $500.00 per street light.
27. LANDSCAPING. The Developer or lot purchaser shall plant least two (2) trees on every lot
in the plat, one of which must be planted in the front yard. 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 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
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percent (50%) will be released one year after the landscaping inspection and any warranty work has
been completed. Landscaping shall be installed in accordance with the approved landscape plan.
The Developer shall install landscaping as required by Section 11-19-2. B 1 of the Zoning
Ordinance at the time of construction.
The Developer shall provide a landscape buffer within the yards abutting 70th Street (CSAH 38) in
accordance with Section 11-19-3.B of the Zoning Ordinance. The landscape plan provides for
installation by the Developer of the required buffer yard with a mix of evergreen and deciduous trees.
Landscaping required by Section 11-19-13.B of the Zoning Ordinance shall be installed in accordance
with the approved landscape plan. The Developer shall post a $21,380.00 landscaping security at the
time of final plat approval to ensure that the landscaping is installed in accordance with the approved
plan.
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
March 25, 2024.
B. Before the City authorizes the final plat to be recorded, the Developer shall place a warranty
deed into escrow conveying Outlots A and B to the City, free and clear of any and all
encumbrances to be recorded contemporaneously with the recording of the final plat.
C. All of the lots within the final plat shall comply with the minimum lot area, minimum lot width, and
setback requirements of the R-5 District.
D. Right-of-way dedication and construction plans for access to 70th Street (CSAH 38) shall be
subject to review and approval by the City Engineer and approval by Wright County.
E. The Developer shall obtain an encroachment agreement in a recordable form, approved by the
City, from the owner(s) of Lot 2, Block 8, allowing temporary access to Lot 2, Block 8, within the
public right-of-way north of 72nd Street. This agreement shall terminate upon approval of a
future final plat for the lot or construction of a public street within the right-of-way.
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F. The Developer shall obtain temporary drainage and utility easements from the owners of Outlot
C and D, Tanglewood, to the City, in a recordable form approved by the City, to expire when
Outlot C and Outlot D are final platted into lots and blocks or deeded to the City in the future.
G. The Developer shall install street lighting 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 current City
Fee Schedule in effect at that time, subject to review and approval of the City Engineer.
H. All street design and construction plans shall be subject to review and approval of the City
Engineer.
I. All grading, drainage, and erosion control plans shall be subject to review and approval by the
City Engineer.
J. All utility plans shall be subject to review and approval of the City Engineer.
K. All easements shall be subject to review and approval of the City Engineer.
L. The Developer shall pay applicable utility availability charges upon approval of the final plat and
the Builder shall pay utility connection charges at the time a building permit is issued for each lot
based on the current City Fee Schedule in effect at that time.
M. 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.
N. The Developer shall pay an escrow for the preparation of record construction drawings and City
base map updating. This fee is $100.00 per acre for a total charge of $2,900.00.
O. 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.,
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grading, utilities, streets) shall be in electronic format in accordance with standard City
specifications.
P. The final plat shall be recorded within 100 days of City Council approval as required by Section
10-5-3.B.8 of the Subdivision Ordinance.
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
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.
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), Park and Trail Dedication Fees (a flat fee due upon
execution of this Agreement), and shall be as stated by the Financial Summary.
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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 security amount shall be one hundred twenty five percent (125%) of the
City Engineer’s estimated cost of all public improvements and/or private improvements required by the
Subdivision Ordinance or Zoning Ordinance. The Developer shall provide an additional security equal to six
and one-half (6.5%) of the estimated cost of the required public and/or private improvements for use by the
City for the purpose of assuming responsibility for design, bidding, and construction administration of the
required improvement in the event of a default by the Developer as provided for by 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
of the required term. If the required public improvements are not completed at least thirty (30) days prior to
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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 the City authorizing recording 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 & Trunk $428,994.00
B. Watermain – Lateral & Trunk 494,718.00
C. Storm Sewer - Lateral 643,748.50
D. Streets & Turnlanes and Trails 790,677.40
E. Landscaping 21,380.00
CONSTRUCTION SUB-TOTAL $2,379,517.90
OTHER COSTS:
A. Site Grading, Erosion & Sediment Control $111,000.00
and Wetland Protection
B. Engineering & Surveying Construction Services (6.5%) 154,668.66
OTHER COSTS SUB-TOTAL $265,668.66
TOTAL – SUBTOTAL $2,645,186.56
TOTAL IRREVOCABLE LETTER OF CREDIT $3,306,483.20
FOR SECURITY (125% OF SUBTOTAL)
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ESCROW
A. City Legal Expenses (Est. 1.0% of $2,379,517.90) $23,795.18
B. City Construction Observation (Est. 8.0% of $2,379,517.90) 190,361.43
C. GIS Data Entry Fee 2,900.00
ESCROW TOTAL $217,056.61
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 $2,379,517.90) $23,795.18
B. Trunk Sewer Access Fee (SAC) 189,038.00
C. Trunk Water (WAC) 197,904.00
D. Park And Trail Dedication 157,215.00
E. Wetland, Street & Traffic Control Signs 7,000.00
F. Street Light Operating Fee 3,000.00
G. Trunk Storm Water Management Impact Fee 104,210.55
TOTAL CASH REQUIREMENTS $682,162.73
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 33, 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 ten percent (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.
WARRANTY RETAINAGE
A. Sanitary Sewer $64,349.10
B. Watermain 74,207.70
C. Storm Sewer 96,562.28
D. Streets 76,200.00
E. Landscaping 3,207.00
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F. Erosion & Sedimentation Control 15,500.00
TOTAL WARRANTY RETAINAGE FROM LETTER OF CREDIT $330,026.00
The Developer is not required to post this amount separately but rather this amount shall be
retained for warranty purposes from the total security posted according to Section 31 of this Contract until
warranty obligations are satisfied.
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
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(30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
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.
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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.
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
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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.
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”.
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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
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
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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
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: 712 Vista Blvd, Suite 303, Waconia, MN 55387. 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
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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 ______________,
2024, 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:
TAMARACK LAND – LANNON, LLC
BY: ___________________________________________
Daniel J. Willenbring
Its: Authorized Representative
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by Daniel J. Willenbring, the Authorized Representative of TAMARACK LAND - LANNON, LLC, a
Minnesota limited liability company.
______________________________________________
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
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FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
Jeanette A. Kurtti as Trustee of the Gerald D. Kurtti Trust dated May 17, 2023 an undivided ½
interest, 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 the trust.
Dated this _____ day of ____________, 2024.
GERALD D. KURTTI TRUST
DATED MAY 17, 2023
AN UNDIVIDED ½ INTEREST
By: ________________________________
Jeanette A. Kurtti, Trustee
STATE OF ______________)
)ss.
COUNTY OF_____________)
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024,
by Jeanette A. Kurtti as Trustee of the Gerald D. Kurtti Trust dated May 17, 2023 an undivided ½
interest, on behalf of the trust.
________________________________________
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
AMP/smt
27
231501v3 Tanglewood
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
Jeanette A. Kurtti as Trustee of the Jeanette A. Kurtti Trust dated May 17, 2023 an undivided
½ interest, 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 the trust.
Dated this _____ day of ____________, 2024.
JEANETTE A. KURTTI TRUST
DATED MAY 17, 2023
AN UNDIVIDED ½ INTEREST
By:
Jeanette A. Kurtti, Trustee
STATE OF ______________)
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024,
by Jeanette A. Kurtti as Trustee of the Jeanette A. Kurtti Trust dated May 17, 2023 an undivided ½
interest, on behalf of the trust.
________________________________________
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
28
231501v3 Tanglewood
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
STEVEN T. DALZELL and KIMBERLY K. DALZELL, spouses married to each other, as joint
tenants, fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by
the provisions as the same may apply to that portion of the subject property owned by them.
Dated this _____ day of ____________, 2024.
______________________________________
Steven T. Dalzell
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024,
by Steven T. Dalzell, spouse to Kimberly A. Dalzell.
________________________________________
NOTARY PUBLIC
Dated this _____ day of ____________, 2024.
______________________________________
Kimberly A. Dalzell
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024,
by Kimberly A. Dalzell, spouse to Steven T. Dalzell.
________________________________________
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
29
231501v3 Tanglewood
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
TANGLEWOOD
The West Half of the Southeast Quarter of Section 25, Township 121, Range 24, EXCEPT that part
platted as Meyer Addition, Section 25, Township 121, Range 24, Wright County, Minnesota.
AND
Lots 1-8 of Block 1; Lots 2-8 of Block 2; all in Meyer Addition, Wright County, Minnesota
And
Lot 1, Block 2, Meyer Addition, Wright County, Minnesota
[To be platted as Tanglewood, Wright County, Minnesota.]
30
231501v3
[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.
DEMAND(S) FOR PAYMENT MAY ALSO BE MADE BY FACSIMILE TRANSMISSION TO
________ OR SUCH OTHER FAX NUMBER AS (NAME OF ISSUING BANK) MAY IDENTIFY IN A
WRITTEN NOTICE TO YOU. TO THE EXTENT PRESENTATION IS MADE BY FACSIMILE
TRANSMISSION YOU MUST PROVIDE TELEPHONE NOTIFICATION THEREOF TO (NAME OF
ISSUING BANK) AT TELEPHONE NUMBER: _________ PRIOR TO OR SIMULTANEOUSLY
WITH THE SENDING OF SUCH FACSIMILE TRANSMISSION. HOWEVER, THE ABSENCE OF
SUCH TELEPHONE CONFIRMATION AS DESCRIBED ABOVE DOES NOT AFFECT OUR
OBLIGATION TO HONOR SUCH DRAWING, IF SUCH DRAWING IS OTHERWISE IN
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS IRREVOCABLE LETTER OF
CREDIT. IF DEMAND FOR PAYMENT IS MADE BY FAX, PRESENTATION OF ORIGINAL
DOCUMENTS IS NOT REQUIRED.
OR
DEMAND(S) FOR PAYMENT TO BE MADE VIA EMAIL TO _______________. PRESENTATION
OF ORIGINAL DOCUMENTS IS NOT REQUIRED.
31
231501v3
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 ______________________________