ITEM 4.4 Boulder Creek0
OtCI�ezoF
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 September 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
4.4 — Boulder Creek
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Boulder Creek Final Plat and development agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED?
Yes.
BACKGROUND/JUSTIFICATION:
No.
Mattamy Homes has submitted application for final plat approval of 106 single family lots to be known
as Boulder Creek. The City Council approved the preliminary plat and PUD -CUP development on 14
July2014.
■ Preliminary Plat Consistency. The final plat is consistent with the design for this area of the
development shown on the preliminary plat.
■ Zoning. The subject site is zoned R-5, Single and Two Family Residential District, which allows
single family dwellings as a permitted use. Areas of the subject site are within 1,000 feet of a
designated Natural Environment Lake within the property to the east and subject to the
provisions of the Shoreland Overlay District.
■ Lot Requirements. Under the PUD -CUP approved with the preliminary plat, single family lots
within Boulder Creek are subject minimum lot area and width requirements established with the
preliminary plat. All of the proposed lots illustrated on the final plat comply with these
requirements and have adequate building area within the following minimum setbacks:
Front/
Interior
Rear
Wetland
Side
Side
Corner
30ft.
7ft.
20ft interior
40ft.
65ft. collector
Landscaping. The preliminary plat/PUD-CUP approval for Boulder Creek included a landscape
plan to provide for boulevard landscaping along the public streets as well as buffer yard
plantings required by Section 20-16-7.D of the Zoning Ordinance along 78th Street. The
required to install this landscaping as a condition of final plat approval. Security for the buffer
yard landscaping will be provided as part of the development agreement and the developer will
post additional security for the boulevard landscaping with the issuance of each building permit.
■ Access/Streets. The primary street accessing Boulder Creek has been designed as a minor
collector street with two traffic lanes, designated parking lanes to one side and total width of 33
feet from back -of -curb to back -of -curb. A five foot wide concrete sidewalk behind a seven foot
wide boulevard is provided on both sides of the minor collector 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 all public streets as required by the Subdivision Ordinance and Engineering Manual. All street
construction plans are subject to review and approval of the City Engineer. The developer will
pay a collector street access fee of $1,410/lot as part of the development contract.
■ Park and Trail Dedication. Park and trail dedication requirements for the Boulder Creek
preliminary plat are to be met as a combination of land dedication, improvements and cash fee
in lieu of land. Outlot D is to be deeded to the City with this final plat. Additional land to be
dedicated to the City will not occur until later phases but will meet 57.9 percent of the required
park and trail dedication requirement. The cash portion of the park and trail dedication
requirement will be met as a percentage of the current fee in effect at the time of final plat
approval. For this first final plat, City staff is recommending that the cash fee in lieu of land be
deferred as a credit against the improvements the developer will install in the land dedicated to
the City for the Lefebvre Creek greenway.
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
area of the proposed final plat. All grading and drainage plans are subject to review and
approval by the City Engineer. Outlot B is established to accommodate a stormwater basin at
the central area of the final plat and must be deeded to the City in accordance with Section 21-
7-15.D of the Subdivision Ordinance. The developer is required to pay a Stormwater Impact
Charge for Lefebvre Creek at the time of final plat approval, which is included in the
development agreement.
Utilities. The developer has submitted utility plans for the area of the proposed final plat. All
utility plans 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 for the 106 lots as provided
for in the development agreement.
■ Outlots. The final plat includes the following outlots:
Outlot Purpose
A, C, E, F Future phases
B Stormwater Basin (deed to City)
D Park Dedication (deed to City)
■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each
single family lot and over stormwater utilities as required by Section 21-7-15 of the Subdivision
Ordinance. All easements are subject to review and approval of the City Engineer.
■ Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new
subdivisions, subject to review and approval by the City Engineer. The development contract
will provide for payment of the street light operation fee of $2,000/fixture as established by the
City Code.
■ Development Agreement. The City Attorney has drafted a development agreement related to
the proposed final plat to provide for construction of the project, completion of all public
improvements, establishment of required securities and payment of applicable fees. The
Development Agreement is to be adopted by resolution of the City Council concurrent with the
final plat approval and executed prior to recording of the final plat.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Site Location
B. Engineering Review dated August 28, 2014
C. Findings of Fact and Decision
D. Resolution 2014-64 approving the Development Agreement
E. Development Agreement
F. Final Plat
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve the Boulder Creek Final Plat subject to the conditions as outlined in the Findings of
Fact and Decision and adopt Resolution 2014-64 approving a Development Agreement.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA o NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
rdilTliILTA F:110I1161
odder
�� d e r C re e �� Date Created: 5/5/2014
Review No. 3
1Hakanson�
1��Anderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Brian Krystofiak, P.E., Carlson McCain
cc: Lori Johnson, City Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Rick Packer, Mattamay Homes, Inc.
Reviewed by: Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date: August 28, 2014
Proposed
Development: Boulder Creek 1St Addition
Street Location A portion of the Section 27, T121, R23. south of 78th Street,
of Property: west of Odean Avenue, and north of C.S.A.H. 37.
Applicant: Rick Packer
7201 Washington Avenue
Suite 201
Edina, MN 55439
Developer: Mattamay Homes, Inc.
Owners of Record: Mattamay MPLS Partnership
Purpose: Boulder Creek 1St Addition is a proposed 106 lot single-family
residential development on 40+ acres in the City of Otsego, Wright
County, Minnesota. The proposed development will be served
with municipal water, sanitary sewer, storm sewer, and public
streets typical of an urban setting.
Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of
(but not limited to) Health, Minnesota Department of Natural Resources, Minnesota
Pollution Control Agency, Wright Soil and Water Conservation
District.
Permits Required: NPDES, Minnesota Department of Health (water), and
(but not limited to) Minnesota Pollution Control Agency (sanitary sewer)
TABLE OF CONTENTS
INFORMATION AVAILIBLE
FINAL PLAT -1St ADDITION
CONSTRUCTION PLANS - IST ADDITION
COVER SHEET
OVERALL UTILITY PLAN
SANITARY SEWER AND WATERMAIN PLAN
STORM SEWER AND STREET PLANS
DETAILS
GRADING, DEVELOPMENT & EROSION CONTROL PLAN (ENTIRE SITE)
SURFACE WATER MANAGEMENT
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Preliminary Plat for Boulder Creek, dated 7/18/14, by Carlson McCain.
Preliminary Plans for Boulder Creek, dated 7/18/14, by Carlson McCain
Stormwater Management Plan for Boulder Creek, dated 7/18/14, by Carlson McCain
Grading Plans for Boulder Creek, dated 7/25/14, by Carlson McCain
Construction Plans for Boulder Creek 1St Addition, dated 8/1/14, by Carlson McCain
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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FINAL PLAT
1) The temporary cul-de-sac at the SE end of Paralle Ave shall be covered by a temporary
easement.
2) Outlots B shall be dedicated to the City.
3) The construction plans have been altered sing the 8/1/14 version we have. The outlet pipe
from Pond 400 has been rerouted to discharge on to Outlot F (eventually this will be routed
to the creek in a future phase). Until this pipe is connected to the creek, the discharge
route/swale shall be covered by a temporary D&U through Outlot F.
CONSTRUCTION PLANS -1ST ADDITION
Cover Sheet (Sheet 1
1) Provide an approval signature line for Ronald J. Wagner, P.E. City Engineer.
Index/Overall (Sheet 2)
2) The lot and block numbers shall match the final plat, many of the lots in Block 2 have
changed.
3) Please show the construction limits on the index plan.
Sanitary Sewer and Watermain (Sheet 3-6)
4) A valve should been added to the watermain at mid -block along Palmgren Circle.
5) Move the valve on the west leg at the intersection of Parell Avenue and Parell Court to the
north leg.
6) Move the valve on the south leg at the intersection of Palmgren Avenue and 76th Court to the
east leg.
7) The storm sewer outletting pond 400 has been revised to flow to 76"' Court. Please submit
revised sheet.
8) Sheet 3, the stationing for the service to Lot 163 does not match between the plan and profile.
9) Sheet 6, the grade of the 20' of DIP before the drop manhole on the east side does not match
the grade of the PVC pipe. Review and revise.
Storm Sewer (Sheet 7-10)
10) All storm sewer shall have a minimum 0.8 points fall (i.e. 2" fall across structure for every 3"
pipe dimension increase). The following manholes do not provide the required fall:
a. Sheet 7, CBMH 106
b. Sheet 9, CBNM 122
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11) All rip -rap shall be articulated concrete block per City Standard Detail #500. The area of the
required articulated block is the same as would be required for the CL 3 rip -rap called out.
12) The proposed finished ground grades appear to be in correct in the profile above the storm
sewer between STMH 144 and CBMH 145. Please review and revise.
13) Sheet 10, we need a revised sheet showing the new Pond #400 outlet pipe.
Street Construction (Sheet 11-14)
14) All vertical curves shall have a minimum 90' length or have a minimum k -value for a 30
mph design speed. The following vertical curves do not meet the minimums required:
a. Sheet 11, vertical curve at station 10+50
b. Sheet 11, vertical curve at 4+25
15) All street signs shall be provided and installed by the City. (Note "by others" on the plans)
16) A striping plan is needed for Palmgren Avenue.
17) Instead of type 3 barricades at the end of the temporary cul-de-sacs 18" x 18" End of Road
markers, sign number X4-11, will be used.
Details (Sheet 15-17)
18) An external infi-shield chimney seal with a Hamilton Kent Lifespan Systems or ESS
Brothers approved equal are required for all sanitary sewer casting and ring assembly's.
GRADING PLAN, DEVELOPMENT, AND EROSION CONTROL
1) Show Phase 1 grading limits.
2) Please label the lots with the same lot and block numbers found on the Construction
Plans/Final Plat for ease of relating the separate drawings to each other.
3) These plans are also intended to serve as Development Plans. All required information is
present for the 1St Addition lots but the proposed lot corner elevation and drainage arrows are
missing for the lots from 72nd Street and south.
4) In the future phase, west of Lot 408 near 71St Street, it appears that drainage from the
neighboring lot to the west will be blocked causing water to stand in this area. And outlet to
allow this area to drain is required.
SWPPP
1) The site disturbs more than 50 acres, discharges to a Special water within 1 mile, therefore
the SVJPPP shall be submitted to the MPCA a minimum of 30 day prior to construction for
review. Noted
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SURFACE WATER MANAGEMENT
1) Please provide verification that the existing storm sewer pipe and downstream pond in
Pheasant Ridge 6th Addition can accommodate stormwater runoff south of 78`h Street and
East of Palmgren Avenue.
WETLANDS
1) No comments
OTHER CONSIDERATIONS
1) A statement certifying the environmental condition of the site including the presence of any
hazardous substance as defined in Minnesota Statutes 115B.02, Subd 8 is required.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comments being addressed.
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24 March 2014
M.IMfI[{OfA
FINDINGS OF FACT AND DECISION
APPLICANT: Mattamy (Minneapolis) Partnership
APPLICATION: Request for final plat approval of 106 single family lots to be known as Boulder
Creek.
CITY COUNCIL MEETING: 22 September 2014
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property is attached as Exhibit A.
B. The property lies within the East Sewer Service District and is guided for low -medium and
medium-high density residential land uses by the 2012 Otsego Comprehensive Plan, as
amended.
C. The property is zoned R-5, Single and Two Family Residential District and is within the
Shoreland Overlay District of a natural environment lake, which allows single family dwellings
as a permitted use.
D. The City Council approved application for preliminary plat approval and a PUD -CUP on 14
July 2014.
E. The applicant is proposing a final plat of 106 single family lots.
F. The Request for Council Action dated 17 September 2014 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated August 28, 2014 prepared by the City Engineer, Hakanson
Anderson Inc., is incorporated herein.
H. Final plat applications are processed in accordance with Section 21-3-3 of the Subdivision
Ordinance and do not require a recommendation by the Planning Commission.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1. The applicant shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City Council.
2. All of the lots within Boulder Creek shall comply with the following minimum setbacks:
Front/
Interior
Rear
Wetland
Side
Side
Corner
30ft.
7ft.
20ft interior
40ft.
65ft. collector
3. The applicant shall pay applicable utility availability charges upon approval of the final plat
and pay utility connection charges at the time a building permit is issued for each lot based
on the current fee in effect at that time.
4. The developer shall pay a transportation fee for in accordance with the City Fee Schedule
and terms of the development agreement.
5. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the
City Code with payment of charges as established in accordance with the City Fee Schedule,
subject to review and approval of the City Engineer.
6. All construction plans for sanitary sewer, water main, storm sewer and streets shall be
subject to review and approval by the City Engineer.
7. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
8. Outlot D shall be deeded to the City for park purposes.
9. Outlot B shall be deeded to the City for stormwater purposes in accordance with Section 21-
7-15.D of the Subdivision Ordinance.
10. All easements are subject to review and approval of the City Engineer.
11. Landscaping shall be installed within the subject site in accordance with the landscaping plan
approved with the Boulder Creek preliminary plat, subject to approval of the Zoning
Administrator.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 22nd day of September, 2014.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
o
Attest:
Tami Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014-64
RESOLUTION APPROVING DEVELOPERS AGREEMENT- BOULDER
CREEK
WHEREAS, Mattamy (Minneapolis) Partnership is seeking approval of a Plat
known as BOULDER CREEK; and
WHEREAS, the approved Plat requires construction of public improvements and
payment of City costs and fees; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The attached Developers Agreement between the City of Otsego and
Mattamy (Minneapolis) Partnership is hereby approved in form, subject to
modification of fees, charges and security as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the final
Developers Agreement on behalf of the City of Otsego.
ADOPTED this 22nd day of September, 2014 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPMENT AGREEMENT
BOULDER CREED
AGREEMENT entered into this day of September, 2014 between the City of
Otsego ("City'), a municipal corporation organized under the laws of the State of
Minnesota, and Mattamy (Minneapolis) Partnership, a general partnership under the laws of
the State ofMinnesota ("Developer).
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled BOULDER CREED. The legal description of the
property covered by this Agreement is as follows:
See Exhibit A
The Plat contains one hundred and six (106) single family residential lots. The plat is
located within the City's East Sewer District, is zoned R-5, Single and Two Family
Residential District as approved by Ordinance adopted by the City Council on July 14,
2014. The Plat is farther governed by the stipulations of a Planned Unit Development -
Conditional Use Permit (PUD -CUP) approved bythe City Council on July 14, 2014
2. Conditions of Plat Approval. The City hereby approves the Plat on
condition that the Developer enter into this Agreement, famish the security required by it,
and record the Agreement with the Wright County Recorder or Registrar of titles within
one hundred (100) days after the City Council approves the Agreement. The Developer
shall cooperate with the City in recording the Agreement and all required additional deeds
and documents and providing assurance that the Agreement and all required documents
have been properlyand timely recorded.
3. Right to Proceed. Within the Plat, the Developer ma}not grade or otherwise
disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets,
utilities, public or private improvements, or any buildings or structures until all the
following conditions have been satisfied: 1) this Agreement has been fully executed by
both parties and filed with the City Clerk, and all conditions contained in the Agreement
have been met, 2) the necessary security has been received by the City, 3) this Agreement
has been recorded with the Wright County Recorder's Office, 4) The Developer has
initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning
Administrator has issued a letter that all conditions have been satisfied and that the
Developer may proceed; or until such time as approval to commence earlier construction is
specifically approved by the City, and Developer has fully complied with all conditions set
forth by City staff.
4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service
to the one hundred and six (106) lots within the Plat does not occur until all required utility
availability charges have been paid to CITY and security required by this Agreement has
been posted.
5. Changes in Official Controls. BOULDER CREEK is a planned and staged
development within the meaning of Minn. Stat. 462.3 5 8, Subd. 3 c, and no amendment to
the City's Comprehensive Plan or other Official Controls shall apply to or affect the use,
development density, lot size, lot layout, or platting requirements for BOULDER CREEK
for a period of eight (8) years. Thereafter, notwithstanding anything in this Agreement to
the contrary, to the full extent permitted by State law, the City may require compliance with
any amendi-rents to the City's Comprehensive Plan, other Oficial Controls enacted afer the
date of this Agreement. This provision does not apply to regulations or Oficial Controls
related to park and trail dedication or any fee established by the City chargeable to the
Developer for municipal costs arising fora said future phases.
6. Development Plans. The Plat shall be developed in accordance with the
plans on file at the office of the City Clerk and the conditions stated below. If the plans vary
from the written terms ofthis Agreement, the written terms shall control. The plans are:
Plan A Final Plat, BOULDER CREEK prepared byCarlson McCain.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Carlson
McCain and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
BOULDER CREEK., as prepared by Carlson McCain and as finally
approved bythe City Engineer_
Plan D Landscape Plan for BOULDER CREEK, prepared by Carlson
McCain, and as finally approved by the City Zoning Administrator.
7. Improvements. The Developer shall install and/or payfor the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation ofall utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting oflot and block monuments
1. Construction surveying and staking
J. Traffic control signs
K. Landscaping.
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so by the City Engineer, and at the Developer's
expense, have one (1) or more City inspectors and a qualified engineer inspect the work.
Within thirty (30) days after the completion of the improvements and before all retained
security is released, the Developer shall supply the City with a complete set of reproducible
"as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file
or a .DXF file, all prepared in accordance with City standards. Before the security for the
completion of utilities is fully released, iron monuments shall be installed in accordance
with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to
the City certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships and other entities in
which such individuals have greater than a twenty five percent (25%) ownership interest or
in which they are an officer or director may not act as contractors or subcontractors for the
public improvements identifed in Paragraph 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessarypermits, which mayinclude, but are not limited to:
A. Wright County for County Road access and work in County right of
way.
B. MNDOT for State HighwayAccess
C. MNDOT for work in right ofway
D. Minnesota Department ofHealth for watermains
E. MPCA NPDES Permit f)r construction activity
F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibility to satisfy themselves with regard to the elevation of
groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable County,
State, and Federal rules and regulations. DNR. regulations regarding appropriations permits
shall be strictlyfollowed.
11. Time of Performance. The Developer shall install all listed improvements
by September 31, 2015, with the exception of the final wear course of asphalt on streets and
landscaping. The final wear course on streets shall be installed between August 15'h and
October 15'' the first summer after the base layer of asphalt has been in place one freeze
thaw cycle. The Developer may request an extension of time from the City to be submitted
in writing to the City Clerk, for which said extension shall be conditioned upon updating the
security posted by Developer to reflect cost increases and the extended completion date.
Final wear course placement outside of the above time frame must have the written
approval of the City Engineer. The City may impose additional conditions on the extension
necessary to ensure performance.
12. Right of Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer thirty (30) business days notice stating the deficiencies and
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control. Prior to initiating site grading, and before any utility
construction is commenced or further building permits are issued, the erosion control plan.,
Plan B, shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer determines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. if the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice and opportunity to cure, take action as it deems
appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall conform to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements or land owned by the
City. Within thirty (30) days after completion of grading and before any retained security is
fully released, the Developer shall provide the Citywith an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations ofthe following:
A. Cross sections ofponds
B. Location and elevations ofswales and ditches
C. Lot corners and house pads
Occupancy permits shall not be issued by the. Building Official until the
grading and drainage plan is certii'ed as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work bythe Developer, its agents or assigns.
16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
17. Streets. The Developer agrees to maintain the streets in the Plat until the
base course bituminous surfacing has been accepted by the City. Should the City be
required to grade the street prior to paving, the cost of such grading shall be paid by the
Developer and drawn from the Developer's letter of credit. Should snow plowing be
necessaryprior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to
plow the street prior to acceptance, such work will be done upon agreement that the
Developer will hold harmless and indemnify the City from any and all liability claims
related to such work and pay all costs associated with that work. Any plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question. Upon final completion of streets and acceptance by the City as a City street rather
5
than a private drive, the Developer shall guarantee to the City for a period of two (2) years
that the streets have been constructed to City standards. The warranty period shall not
commence until such tune as street construction is completed and the streets are accepted as
City streets by the City. The two (2) year warranty set forth above commences upon the date
on which the Cityaccepts the streets byresolution.
18. Sewage Treatment. No occupancy permit for any building within the Plat
will be issued by the City unless the Building Official has inspected both the sewer and
water connections to the building and has certified that they have been constructed
satisfactorily in accordance with Cityspecifications and the CityCode.
19. Administrative Fee. A fee for City Administration of this project is one
percent (I%) of estimated construction costs ofthe City Improvements, or $22,950.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as fillows; 106 lots at $2,200.00 per REC — $ 233,200.00.
21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time
of issuance of a building permit. The applicable amount due per unit shall be the fee per
REC unit in place at the time ofapplication for a building permit.
22. Water Availability Charges. The Water Availability Charges for the Plat
due upon Final Plat approval is as follows: 106 lots at $1,566.00 per REC = $ 154,996.00,
which includes a credit of$11,000.00 for watermain construction.
23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The applicable amount due per unit shall be the fee per REC
unit in place at the time ofapplication for a building permit.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat has
been reduced due to land dedication in accordance with the preliminary plat approved by
the City Council on July 14, 2014. The cash fee in lieu of land dedication for this Plat is as
follows; 106 lots x $1,410.00 per lot = $149,460.00. This amount is deferred in anticipation
of the dedication of land and site improvements within Outlot F to be provided by
Developer in a subsequent phase which would eliminate this charge.
25. Storni Water Management Fee. Developer shall pay a Stormwater Charge
for LeFebvre Creek as fillows: 40.26 acres x $2,145.00 per gross acre = $86,357.70.
26. Transportation Infrastructure Cost. The transportation infrastructure cost
for this Plat is as fDllows: 106 lots x 1,405.00 per lot =148,930.00.
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $6,500.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: 26 signs at
$250.00 per sign. Using these funds, the City shall purchase and install the street and traffic
control signs.
28. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of two (2) years. In order to facilitate payment
for operation and maintenance of street lights, the Developer shall submit a fee to be
included within the escrow and fees established in Paragraph 27 of this Agreement
calculated as follows: 9 lights x $2,000.00 per light for a total payment of $ 18,000.00. The
operation and maintenance of the street lights by the City shall not commence until such
time as the street lights are actually constructed. Street lighting shall conform to adopted
City Code.
29, City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration following approval of the Plat. City engineering administration will include
consultation with Developer and its engineer on status or problems regarding the project,
monitoring during the warranty period, general administration and processing of requests
for reduction in security. Fees for this service shall be the actual amount billed for those
services, which are estimated to be three percent (31/o) of the estimated construction cost of
the Plan C Improvements to be inspected, assuming normal construction and project
scheduling. The Developer shall pay for construction observation performed by the City
Engineer. Construction observation shall include part or full time observation, as
determined by the City Engineer, of proposed street, sanitary sewer, water and storm
drainage construction and will be billed on hourlyrates actuallyrequired for said inspection,
which are estimated to be five percent (51/o) of the estimated construction cost of the Plan C
Improvements to be inspected. In the event of prolonged construction or unusual problems,
the City will notify the Developer of anticipated cost overruns for engineering
administration and observation services. Any amounts for engineering administration not
utilized from this escrow fund shall be returned to the Developer when all improvements
have been completed, all financial obligations to the City satisfied, and the required "as
constructed" plans have been received bythe City.
The escrow and fee account shall also include estimated fees for Legal
expenses actually incurred (with any excess funds, if any, returned to Developer as
indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon
execution of this Agreement), Trunk 'Water and Sewer Access Fees (a flat fee due upon
execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon
execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution
of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon
execution oftbis Agreement) and shall be established as allows:
Engineering Services Escrow
8% of $ $1,953,500.001
$156,280.00
Legal Services Escrow
1% of $2,294,980.00
$22,950.00
City Administration Fee
1% of $2,294,980.00
$22,950.00
Street Signs
26 at $250.00 per sign
$6,500.00
Street Lights
9 at $2,000.00 er light
$18,000.00
Sewer AvailabilityCharge
106 lots at $2,200.00 per REC
$233,200.00
Water AvailabilityCharge
106 lots at $1,566.00 per REC-
11,000.00 credit
$154,996.00
Stormwater Impact Charge
40.26 acres x $2,145 per gross
acre
$86,357.70
Transportation Charge
106 lots at $1,410.00 per lot.
$148,930.00
Park and Trail Dedication Fee
deferred
$00.00
TOTAL
$8501.63.70
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 fiend 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
immediatelyfor Cityuse when posted.
30. Security. To ensure compliance with the terms of this Agreement, and
construction of all public improvements, the Developer shall furnish the City with a cash
escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the
amount of $2,868,725.00,, said amount calculated as 611ows:
Site grading, erosion control and wetland protection
$174,000.00
Sanitary sewer (lateral &trunk))
$704,000.00
Watermain (lateral &trunk)
$405,000.00
Stormsewer (lateral)
$260,000.00
Streets
$584,500.00
Landscaping
$40,500.00
En ineerin services
$126,980.00
SUBTOTAL
$2,294,980.0
0
25% additional security
$573,745.00
TOTAL
$2,868,725.0
0
The issuer and form of the security (other than cash escrow) shall be subject
to City approval. The security shall be issued by a banking institution in good standing as
determined by the City and approved by the City Administrator. The City shall have the
s
ability to draw on the security at a bank or branch bank located within fifty (50) miles of the
City Hall or by mail. The security shall be for a term ending October 1, 2015 and shall
contain an automatic renewal provision. The City may draw down the security for any
violation of the terms of this Agreement, or upon receiving notice of the pending expiration
of the security. It shall be the responsibility of the Developer to inform the City at least
thirty (30) days prior to expiration of the security of the impending expiration and the status
of the project relative to the security and this Agreement. If, for whatever reason, the
security lapses prior to complete compliance with this Agreement (other than during any
warranty period), the Developer shall immediately provide the City with either an extension
of the security or an irrevocable letter of credit of the same amount upon notification of the
expiration. If the required improvements are not completed at least thirty (30) days prior to
the expiration of the security, the City may also draw down the security. If the security is
drawn down the proceeds shall be used to cure anylefault.
Upon receipt of proof satisfactory to the City that work has been completed
and financial obligations to the City have been satisfied, with City approval, the security
may be reduced from time to time down to $361,225.00, which is the amount of warranty
security. A warranty security in the amount of $361,225.00 shall be posted with the City as
set forth in paragraph 34 of this Agreement. The warranty period shall be a twelve (12)
month period ager the applicable work has been completed.
Notwithstanding the posting of that warranty security, the security shall not
be reduced below ten percent (10%) of the posted securityuntil all Improvements have been
completed, all financial obligations to the City satisfied (which includes posting of warranty
security), and the required "as built" plans have been received by the City. The intent of this
Agreement is that the City shall have access to sufficient security, either security or
warranty security, to complete the project and insure warrantSon all public improvements at
all times.
This security amount shall be submitted to the City prior to execution of the
Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary items shall be paid to the City prior to execution of this
Agreement.
The security for this Agreement shall be an Irrevocable Standby Letter of
Credit with automatic renewal provisions conforming to the requirements of this Paragraph
or cash in the amount of$2,868,725.00.
31. Landscaping. The Developer shall install upon and/or adjacent to each lot
within the Plat of a species approved by the Zoning Administrator in accordance with the
approved Landscape Plan. These plantings may not be installed in a public right-of-way
unless approved by the Zoning Administrator in compliance with the City Code. Any
security posted for this agreement or prior additions may be used to cure any defects in the
event that the Developer, it assigns or successors fail to install landscaping according to this
Agreement. Landscaping security to insure compliance with the. approved Landscape Plan
9
shall be $1,000 per lot to be posted with the City at the time of application for a building
permit on each lot. Any trees which can cause a public nuisance or public hazard, such as
bug infestation or weak bark, are specifcaily prohibited.
The Developer, Builders or Property Owners (applicant for building permit)
in the residential lot area shall sod all front yards within the buildable portion of each lot
and shall post any security required by the City to assure landscaping or other items in
compliance with the City Code at the time of application for a building permit on each lot.
The Developer, Builder or Property Owner shall provide not less than six (6) inches of
topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie
in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the
trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All
grass seed shall be maintained so that turfis established within one (1) Sar of planting.
If landscaping as required by the City Code and this Agreement is not timely
completed, the City, after reasonable notice and opportunity to cure, may enter the lot or
lots, perform the work, and apply any posted security toward the cost. The Developer, it
assigns or successors, Builder or Property Owner will provide will provide all trees, grass,
seed and sod within the Plat and shall maintain said plantings and warrant them to remain
alive, of good quality and disease free for twelve (12) months after planting. Any
replacement shall be warranted fir twelve (12) months fom the time ofplanting.
Developer is also required to implement a Landscaping Plan including
boulevard landscaping along City streets as well as designated other plantings. Security
shall be posted in order to insure compliance with the approved Landscaping Plan.
32. Significant Trees. There are no significant trees within the Phase. The
Developer is not required to replace anysignificant trees.
33. Meters. Meters shall be provided as per Citypolicy.
34. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty workmanship for a period of one (1) year after its
completion and acceptance by the City. The amount of posted warranty security for public
improvements to be posted by the Developer shall be in the amount of $361,225.00. The
amount, has been determined by the City Engineer, and is based upon the costs of the raw
materials and labor which would be necessary to correct the most common deficiencies in
such public improvements.
35. Claims. The Developer shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work required by this Agreement, which is provided to real property owned by
the City, and the sums due them have not been paid, and the laborers, materialmen or others
10
are seeking payment from the City, the Developer hereby authorizes the City to commence
an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-
five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any
further proceedings as it pertains to the letters of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorney fees pursuant to this
Agreement. In the event that the Developer desires to snake a cash deposit instead of
drawing down the letter of credit if a claim is made as stated above, they shall immediately
notify the City of this intent at the time the claim is made and shall delivery one hundred
twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in
the form of cash or certified check.
36. Restrictions. The following restrictions apply to the property and all lots
thereon shall be held, sold, and conveyed subject to the following conditions and
restrictions, which are for the purpose of protecting the value and desirabilityof the Plat and
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof; their heirs, executors,
representatives, successors and assigns: None.
37, Responsibilityfor Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the
Plat.
B. The Developer shall hold the City and its officers and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development, except for
negligence of City, the Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the
City may pay or incur in consequence of such claims, including
attorney's fees.
C. The non -prevailing party shall reimburse the prevailing party for costs
incurred in the enforcement of this Agreement, including engineering
fees, attorney's fees, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred.under this Agreement within thirty (3 0) days after
receipt, unless the Developer is in good faith and with all due
diligence disputing the payment of the same. if the bills are not paid
11
on time, the City may, after notice and a reasonable period of time to
cure said default, halt all plat development work and construction,
including but not limited to the issuance of building permits for lots
which the Developers may or may not have sold, until all bills are paid
in full. Claims not paid within thirty (30) days shall accrue interest at
the rate oftwelve percent (12%) per year.
38. Developer's Default. In the event of default by the Developer as to any of
the work to be performed by it hereunder, the City may, at its option, perform the work and
the City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance and a reasonable period of time to cure said default. This notice
provision does not apply if the work performed by the City or its contractors is of an
emergency nature, as determined at the reasonable discretion of the city. Should such
emergency work be required the City will make all reasonable efforts to notify the
Developer as soon as possible. When the City does any such work, the City may, in
addition to its other remedies, assess the cost in whole or in part pursuant to any applicable
statutes or ordinances.
39. Miscellaneous.
A. The Developer represents to the City that to best of its knowledge, the
Plat complies with all City, County, State, and Federal laws and
regulations, including but not limited to, Subdivision Ordinances,
Zoning Ordinances, and environmental regulations except where
specifically excluded by this agreement. If the City determines that
the Phase does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work
until there is compliance.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation ofbuilding permits.
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validityof the remaining portion ofthis Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporary or permanent
12
basis until the streets needed for access have been paved with a
bituminous surface, unless a specific exception is approved by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof their heirs, successors, and
assigns. After the Developer has completed the work required ofthem
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) ofthis Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage -which may arise out of the
Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$1,000,000.00 for each occurrence; limits fir property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an' additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the Cityissuing fizrther building permits.
I. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy,
express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to
exercise at anytime thereafter any other right, power or remedy
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part ofthis Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
13
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms ofthis Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
40. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following address: Attention: Rick Packer (or his
successor), Mattamy (Minneapolis) Partnership, 7201 Washington Avenue South, Edina,
MN 55439. Notice to the City shall be in writing and shall be either hand delivered to the
City Clerk at the following address: City of Otsego, City Hall, 13400 90`" Street NE,
Otsego, MN 55330, Attention: CityClerk
14
CITE' OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
NIATTAMY (NUNNEAPOLIS) PARTNERSMP
DEVELOPER
BY:
R- ger oritz, Vi e Pesi ent
Calben (Mnesota) Corporation
Its: General Partner
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2014, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk,
of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant
to the authorityof the City Council.
Notary -Public
15
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2014 by Steve Logan the Vice President of Calben (Minnesota)
Corporation, a Minnesota corporation and General Partner of Mattamy (Minneapolis)
Partnership with authorityand on behalfof the partnership.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
16
Notary Public
STATE OF MINNESOTA )
} ss.
COUNTY OF �l 1Vc'' �� +�1
The foregoing instrument was acknowledged before me this I day of
j) --C (`1 b - r 2014 by Roger Moritz, the Vice President of Calben (Minnesota)
Corporation, a Minnesota corporation and General Partner of Mattamy (Minneapolis)
Partnership with authorityand on behalfof the partnership.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
16
r f
Notary Public
EXHIBIT A- LEGAL DESCRIPTION
The East Half of the Southeast Quarter of the Northwest Quarter of Section 27, Township
121, Range 23, Wright County Minnesota.
AND
The South 1/3 of the West Half of the Northeast Quarter of the Southwest Quarter and the
West Half of the Southeast Quarter of the Southwest Quarter, Section 27, Township 121,
Range 23, Wright County Minnesota.
EXCEPT
The West 450 feet of the South 290.4 feet of the West Half of the Southeast Quarter of the
Southwest Quarter
AND EXCEPT
The North 322.67 feet of the South 1216.44 feet of the West 135 feet of the West %2 of the
Southeast'/ of the Southwest %, Section 27, Township 121, Range 23
AND EXCEPT
The North 72.60 feet of the South 363.00 feet of the West 300.00 feet of the West Half of
the Southeast Quarter ofthe Southwest Quarter ofSection 27
The East 3/ of the West 3/ of the North 2/3 of the North Half of the Southwest Quarter,
Section 27, Township 121, Range 23, Wright CountyMinnesota.
WUJIJ
The North 322.67 feet of the South 1216.44 feet of the West 135 feet of the West Half of
the Southeast Quarter of the Southwest Quarter, Section 27, Township 121, Range 23,
Wright County, Minnesota. Together with ingress, egress and utility easement over, under
and across the South 1000.00 feet of the East 25.00 feet of the East Half of the Southwest
Quarter ofthe Southwest Quarter ofSection 27.
FEN
The East Half of the Southwest Quarter of the Southwest Quarter and the South 1/3 of the
East Half of the Northwest Quarter of the Southwest Quarter of Section 27, Township 121,
Range 23, Wright County Minnesota.
17
EXCEPT
That part of the East Half of the Southwest Quarter of the Southwest Quarter of Section 27,
Township 121 , Range 23, Wright County, Minnesota lying Westerly of the line drawn from
point on the South line of said East Half of the Southwest Quarter of the Southwest Quarter
distant 11.37 feet East from the Southwest corner of said East Half of the Southwest
Quarter of the Southwest Quarter to a point on the North line of said East Half of the
Southwest Quarter of the Southwest Quarter distance 74.00 feet East from the Northwest
corner of said East Halfof the Southwest Quarter ofthe Southwest Quarter.
AND
The West Half of the Southwest Quarter of the Northeast Quarter and East Half of the
Southwest Quarter, Section 27, Township 121, Range 23, Wright CountyMinnesota.
EXCEPT
That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 121,
Range 23, described as follows: beginning at a point on the South line of said Section a
distance of 69.06 feet West of the South Quarter corner of said Section; thence West along
said South line 200 feet; thence North at right angles 217.8 feet; thence East parallel with
said South line 200 het; thence South 217.8 Let more or less, to point o Ebeginning.
18
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