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ITEM 5.1 Crimson Ponds West 3rd AdditionCITY atSle F o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 28 March 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 5.1— Crimson Ponds West 3rd AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of the Crimson Ponds West 3rd Addition final plat and development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? Yes. BACKGROUND/JUSTIFICATION: IS A PUBLIC HEARING REQUIRED? M Benzinger Properties has submitted application for final plat approval of 31 single family lots to be known as Crimson Ponds West 3rd Addition. The subject site is located east of Odean Avenue and north of 75th Street. The City Council approved the preliminary plat for the development on 10 October 2005. ■ Preliminary Plat Consistency. The proposed 3rd Addition is consistent with the design for this area of the development shown on the preliminary plat. ■ Zoning. The subject site is zoned, R-4 Single Family Residential District, which allows single family dwellings as a permitted use. ■ Lot Requirements. The single family lots within the proposed final plat are subject to the lot and setback requirements shown in the table below. All of the proposed lots illustrated on the final plat comply with these requirements. Lot Area Lot Width Lot Depth Setbacks Front Side Rear Interior 12,000sf. 75ft. 100ft. 35ft. 10ft. 20ft. Corner 35ft. Access/Streets. The final plat provides for extension of Odell Avenue, 76th Street, and 77th Street from prior additions to infill the center portion of the subdivision. 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, with a five foot wide sidewalk on one side, consistent with the Engineering Manual. A sign identifying future extension of 77th Street to the west is to be installed at the intersection of Odell Lane and 77th Street. The developer will pay a collector street access fee of $1,460/lot as part of the development contract minus an outstanding credit of $49,780 from previous additions for construction of 75th Street. A credit of $4,520 will be carried forward to the final plat of Outlot A, Crimson Ponds West 3rd Addition. ■ Park and Trail Dedication. Park and trail dedication requirements for Crimson Ponds West include a credit for land south of 75th Street dedicated with the initial final plat. Park and trail dedication requirements for the proposed final plat are at 57.7 percent of the cash fee in effect at time of final plat approval. ■ Grading and Drainage Plans. The developer has submitted grading and drainage plans for the proposed 3rd Addition final plat. All grading and drainage plans are subject to review and approval by the City Engineer. The developer is required to pay a Stormwater Impact Charge for LeFebvre Creek at the time of final plat approval calculated at $2,180/gross acre. ■ Utilities. The developer has submitted utility plans for 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 shown below. A utility connection charge for sewer and water utilities is required to be paid at the time a building permit is issued for each lot in accordance with the City's current fee schedule. ■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot as required by Section 21-7-15 of the Subdivision Ordinance. There are oversize easements where needed to accommodate stormwater drainage basins, swales and stormwater pipe. ■ Street Lighting. Section 6-8-4 of the City Code specifies installation of street lighting for new subdivisions. Type I lighting will be required to be installed at the corner of Odell Lane/76th Street and Odell Lane/ 76th Street. The development contract will provide for payment of the street light operation fee of $2,000 per fixture as established by the City Code. ■ Outlot A. The proposed final plat includes one outlot, which is the remainder of the property within Crimson Ponds West that has been preliminary platted (but excluding the existing farmstead) and is reserved for future development. ■ 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 C. Findings of Fact and Decision D. Resolution 2016-37 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 Crimson Ponds West 3rd Addition final plat subject to the conditions as outlined in the Findings of Fact and Decision dated March 23, 2016 and adopt Resolution 2016-37 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Review No. 1 I Hal<anson i��Anderson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Honorable Mayor and City Council cc: Lori Johnson, City Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Jeff Benzsinger, Benzinger Properties Todd W. McLouth, P.E. Loucks Associates Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: March 18, 2016 Proposed Development: Crimson Ponds 3rd Addition Street Location A portion of the S1/2 of the NE 1/4 of S28, R23, T121 of Property: east of Odean Avenue NE and north of 75th Street. Applicant: Jeff Benzinger Developer: Benzinger Properties, Inc 21301 County Road 81 Rogers, MN 55374 Owners of Record: Thomas R Corbin Rev Trust 517 Evergreen Circle Big Lake, MN 55309 Purpose: Crimson Ponds West 3rd Addition is a 12.61 acre proposed 31 lot single-family residential development within Outlot A of Crimson Ponds West 2nd Addition plat 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 CONSTRUCTION PLANS TITLE SHEET EXISTING CONDITIONS GRADING PLAN SWPP PLAN OVERALL UTILITY PLAN SANITARY SEWER AND WATERMAIN PLAN AND PROFILES STREET PLAN AND PROFILES STORM SEWER PLAN AND PROFILES DETAILS DEVELOPMENT PLAN HYDROLOGY/STORMWATER OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 C:\Users\Tami.OTSEGOWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2313.03 RVW1.docx INFORMATION AVAILABLE Final Plat for Crimson Ponds West 3rd Addition, received 3/6/16, by Loucks Associates Storm Sewer Design and Inlet Spread Calculations for Crimson Ponds West 3rd Addition, date 2/26/16, by Loucks Associates Specifications for Plans Crimson Ponds West 3rd Addition, date March 2016, by Loucks Associates Soil Borings for Crimson Ponds West, date November 1997, by Loucks Associates Previous Crimson Ponds West Additions Hydrology Report for Crimson Ponds West, 2/1/06 revision, by Loucks Associates Storm Sewer Design for Crimson Ponds West, 4/12/06 revision, by Loucks Associates Geotechnical Report for Crimson Ponds West, prepared 12/1/97, by GME Consultants, Inc. Wetland Delineation Report for Crimson Ponds North & West, 3/14/05, by Kjolhaug Environmental Services Company, Inc. 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 PAGE 3 C:\Users\Tami.OTSEGOWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2313.03 RVW1.docx FINAL PLAT 1) The plat layout and grading of Crimson Ponds West 3rd Addition is in close general agreement with the preliminary plat dated 3/11/2005 for the entire Crimson Ponds West development. 2) All drainage and utilities that extend beyond the Crimson Ponds 3rd Addition's boundary are covered by drainage and utility easement(s) where necessary. 3) A number of proposed building pads appear to encroach on the minimum side yard setback lines and drainage and utility easements on the grading and utility plans. It shall be verified that all the proposed building pads can be contained within the appropriate setbacks and easements. CONSTRUCTION PLANS Title Sheet (Sheet CO-1) 1) Plans shall be signed by a Registered Engineer (all sheets). 2) The benchmark and datum used for the project shall be listed. (Should be NGVD 1929 adj. datum). 3) The drainage and utility in the rear of Lots 1-3, Block 4 shall cover up to the 100-yr high water elevation of 914.2. 4) The dimension of easements in the rear yard of Lots 1 & 2, Block 1 shall be labeled. 5) The previous Crimson Ponds West plat has wider rear yard drainage and utility easement to the east of Lots 1 & 14, Block 2. We recommend that the rear yard easement across Lots 1 & 14 be revised to match these easements at their respective east property lines. Existing Conditions 6) No existing condition sheet exists. Much of the existing condition information required per Section 21-6-2.B for all plats is missing from the plans. GradingPlan lan (Sheet C34) 7) The setback lines shall be shown. 8) The existing contours shall be labeled with elevations. 9) All emergency overflows shall be labeled. (i.e. rear of Lot 1 &1, Block 3, rear of Lot 11, Block 2. 10) The existing storm sewer rim elevations (or proposed elevations) shall be labeled in the rear of Lots 2-4, Block 1. PAGE 4 C:\Users\Tami.OTSEGO\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2313.03 RVW1.docx 11) There appears to be a ridge instead of a swale along the rear lot lines of Lots 11-14, Block 2. This shall be revised. 12) All cross yard drainage shall be directed to run within the drainage and utility easements, i.e. along the lot lines, until runoff reaches the rear yard drainage easement. Also, there shall be positive drainage away from all houses in all directions. The elevation difference and short distance between some the building pads appear to cause a 4:1 slope from the edge of one house to the adjacent house. This has been an issue during construction of houses in the past were all the runoff from the higher houses is pushed directly at the foundation of the lower house with no chance to be diverted down a side yard swale without a retaining wall. 13) Lot corner elevations shall be provided for the lot lines adjacent to lst Addition and 2" d Additions. SWPP Plan (Sheet C3-2) 14) Silt fence is needed to separate the temporary storm sewer and pond in the SW corner of 77th Street and Odell Lane. 15) The street names shall be labeled. 16) NPDES permit requires that the 1st inch of runoff from new impervious areas be infiltrated. Only filtration and wet sedimentation basin are indicated as stormwater management BMPs. Overall Utility Plan (Sheet C4-0) 17) Outlines of Pond 2, 3, & 4 should be shown. 18) Some existing utility information is shown but not others. Information for all existing utilities should be provided or all removed from the overall sheet. 19) A north arrow and scale are needed. Sanitary Sewer and Watermain (Sheets C4-1 to C4-3) 20) Hydrant coverage along 77th Street is insufficient. Maximum spacing shall be 500'. 21)A valve shall be added on the south leg of watermain at the intersection of Odell Lane and 77th Street. 22) We recommend adding a note to the utility sheets calling attention to the fact that all sanitary sewer manholes and any storm manhole within paved areas shall have HDPE adjustment rings and bolt down castings per Standard Plates 307 and 309 (as of 2015). 23) The text for the manhole information is smaller than other text on sheets 4-2 and 4-3. PAGE 5 C:\Users\Tami.OTSEGOWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2313.03 RVW1.docx Street Plan and Profile (Sheet C5-1 to C5-2) 24) Typical curb radii shall be called out. (20 feet) Storm Sewer Plan and Profile (Sheet C6-1 to C6- 25) FES 73A is a temporary outlet but will require a flared end section and articulated block and not rip -rap unless approved by the City Engineer. 26) Please include a note whether the pipe lengths include the FES lengths. 27) Sanitary sewer and watermain sheets depict insulation between the water and storm sewer. The storm sewer sheets do not. The need of insulation shall be verified and if needed it shall be shown on the storm sewer sheets as well. 28) An approximate 10' long stub of permanent storm sewer pipe shall be placed out of CBMH 73 so the street will not need to be dug up in the future to make this connection. Details(Sheets C8-1 to C9-3) 29) A detail for the articulated block is needed for rip -rap at end of 73A 30) A number of details are out dated. All Otsego Standard Plates shall come from the 2015 Otsego Engineering Manual. 31) No detail of the sidewalk is shown. DEVELOPMENT PLAN 32) A separate development plan and lot tabulation listing the house type, lot and blocks with the garage floor, lowest floor, and lowest opening shall be provided. The lot corner elevations shall be provided as well. HYDROLOGY/STORMWATER 33) A storm water management report for Crimson Ponds 3rd Addition shall be submitted. 34) Infiltration calculations for the water quality volume of 1" of runoff from the new impervious areas per the NPDES permit requirements are required. 35) Storm sewer sizing and spacing appear to be adequate per the storm sewer design calculations submitted. It should be noted that the ATLAS 14 precipitation data shall be used for all storm water calculations in Otsego as of 2015. The submitted storm sewer calculations are based on older data but are slightly more conservative as a result. PAGE 6 C:\Users\Tami.OTSEGO\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2313.03 RVW1.docx OTHER CONSIDERATIONS 36) Somewhere in the plans (possibly in multiple places) notes stating "No Construction Traffic Is Allowed Along 76th Street or 77th Street unless approved in writing by the City Engineer". This will most likely only be allowed during paving operations and with empty trucks. 37) Statement certifying the environmental condition of the site including the presence of any hazardous substance as defined in Minnesota Statutes 11513.02, Subd 8. is required. (From previous owners). 38) Mailbox locations shall be shown in the plans. A postmaster approved cluster locking mailbox is required. Developer shall coordinate with the appropriate post office for the proper mailbox type and placement. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments. PAGE 7 C:\Users\Tami.OTSEGOWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2313.03 RVW1.docx 23 March 2016 4 0 ''0 itseg Ft i.NIN.:"iu4k FINDINGS OF FACT AND DECISION APPLICANT: Benzinger Properties LLC APPLICATION: Request for approval of a Final Plat of 31 single family lots to be known as Crimson Ponds West 3rd Addition. CITY COUNCIL MEETING: 28 March 2016 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 Outlot A, Crimson Ponds West 2nd Addition, City of Otsego, Wright County, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density residential land uses within the East Sewer District. C. The subject site is zoned R-4, Single Family Residential District. D. The City Council approved a preliminary plat for the subject site on 10 October 2005. E. The applicant is proposing a final plat of 31 single family lots to be known as Crimson Ponds West 3rd Addition. F. The Request for Council Action dated 28 March 2016 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated March 18, 2016 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 Crimson Ponds West 3rd Addition shall comply with the following minimum lot requirements: 1 Lot Area Lot Width Lot Depth Setbacks Front Side Rear Interior 12,000sf. 75ft. 100ft. 35ft. 1Oft. 20ft. Corner 35ft. 3. Signs identifying future extension of public streets shall be installed at all t dead-end streets as determined by the City Engineer. 4. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land equal to 57.7 percent of the cash fee in effect at time of final plat approval. 5. All drainage and utility easements are subject to review and approval of the City Engineer. 6. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer; the developer shall pay applicable stormwater impact fees upon approval of the final plat. 7. The applicant shall pay applicable utility availability charges upon approval of the final plat; all utility plans are subject to review and approval of the City Engineer. 8. 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. 9. The developer shall execute a development agreement with the City, subject to review by the City Attorney and approval of the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 28t" day of March, 2016. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Attest: Tami Loff, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-37 RESOLUTION APPROVING DEVELOPERS AGREEMENT- CRIMSON PONDS WEST 3RD ADDITION WHEREAS, Benzinger Properties is seeking approval of a Plat known as CRIMSON PONDS WEST 3RD ADDITION; and WHEREAS, the approved Plat requires construction of public improvements and payment of City costs and fees; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; The attached Developers Agreement between the City of Otsego and Benzinger Properties 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 28th day of March, 2016 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 CRIMSON PONDS WEST 3rd ADDITION AGREEMENT entered into this day of April, 2016 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and Benzinger Properties, a corporation under the laws of the State of Minnesota ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled CRIMSON PONDS WEST 3rd ADDITION. The legal description of the property covered by this Agreement is as follows: Outlot A, CRIMSON PONDS WEST, according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. The Plat contains thirty one (31) single family residential lots. The plat is located within the City's East Sewer District, is zoned R-4, Single Family Residential District as approved by Ordinance adopted by the City Council on July 24, 2000. The Final Plat for CRIMSON PONDS WEST was approved by the City Council on October 10, 2005. 2. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Agreement with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the Agreement. The Developer shall cooperate with the City in recording the Agreement and all required additional deeds and documents and providing assurance that the Agreement and all required documents have been properly and timely recorded. 3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) this Agreement has been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service to the thirty one (31) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. CRIMSON PONDS WEST 3RD ADDITION is a planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and no amendment to the City's Comprehensive Plan or other Official Controls shall apply to or affect the use, development density, lot size, lot layout, or platting requirements for CRIMSON PONDS WEST 3RD ADDITION for a period of five (5) years. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan, other Official Controls enacted after the date of this Agreement. This provision does not apply to regulations or Official Controls related to park and trail dedication or any fee established by the City chargeable to the Developer for municipal costs arising from said future phases. 6. Development Plans. The Plat shall be developed in accordance with the plans on file at the office of the City Clerk and the conditions stated below. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A Final Plat, CRIMSON PONDS WEST 3RD ADDITION prepared by Loucks Associates. Plan B Grading, Drainage, and Erosion Control Plan prepared by Loucks Associates and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for CRIMSON PONDS WEST 3RD ADDITION, as prepared by Loucks Associates and as finally approved by the City Engineer. 2 Plan D Landscape Plan for CRIMSON PONDS WEST 3RD ADDITION, prepared by Loucks Associates, and as finally approved by the City Zoning Administrator. 7. Improvements. The Developer shall install and/or pay for the following: A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments 1. Construction surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so by the City Engineer, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work. Within thirty (30) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. Contractors/Subcontractors. City Council members, City employees, and City Planning Commission members, and corporations, partnerships and other entities in which such individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: A. Wright County for County Road access and work in County right of way. 3 B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPCA NPDES Permit for construction activity F. MPCA for sanitary sewer and hazardous material removal and disposal G. DNR for dewatering H. City of Otsego for building permits I. City of Otsego for sanitary sewer connections J. City of Otsego for retaining walls 10. Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable County, State, and Federal rules and regulations. DNR regulations regarding appropriations permits shall be strictly followed. 11. Time of Performance. The Developer shall install all listed improvements by December 31, 2016, 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 15t' and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may request an extension of time from the City to be submitted in writing to the City Clerk, for which said extension shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement outside of the above time frame must have the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure performance. 12. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors an irrevocable right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the developer thirty (30) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation 4 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 City with an "as built" grading plan including certification by a registered land surveyor or qualified engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds B. Location and elevations of swales and ditches C. Lot corners and house pads Occupancy permits shall not be issued by the Building Official until the grading and drainage plan is certified as set forth above. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets and construction sites in accordance with the City Code resulting from construction work by the Developer, its agents or assigns. 16. Ownership of Improvements. Upon acceptance by the City Council of the work and construction required by this Agreement, improvements lying within public easements and public right-of-way shall become City property without further notice or action. 17. Streets. The Developer agrees to maintain the streets in the Plat until the base course bituminous surfacing has been 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 necessary prior 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 61 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 than a private drive, the Developer shall guarantee to the City for a period of two (2) years that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted as City streets by the City. The two (2) year warranty set forth above commences upon the date on which the City accepts the streets by resolution. 18. Sewage Treatment. No occupancy permit for any building within the Plat will be issued by the City unless the Building Official has inspected both the sewer and water connections to the building and has certified that they have been constructed satisfactorily in accordance with City specifications and the City Code. 19. Administrative Fee. A fee for City Administration of this project is one percent (1%) of estimated construction costs of the public improvements, or $4,655.00. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat due upon Final Plat approval is as follows; 31 lots at $2,310.00 per REC = $71,610.00. 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 of application for a building permit. 22. Water Availability Charges. The Water Availability Charges for the Plat due upon Final Plat approval is as follows: 31 lots at $1,613.00 per REC = $50,003.00. 23. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. 24. Park and Trail Dedication. The Park and Trail Dedication for the Plat have been reduced due to a land dedication south of 75t' Street with the CRIMSON PONDS WEST final plat. Park and trail fees for this Plat and future phases are reduced to 57.7% of the applicable fee. The cash fee for this Plat is as follows; 31 lots x $3,400.00 per lot x 57.7%= $60,815.80. 25. Storm Water Management Fee. Developer shall pay a Stormwater Charge for LeFebvre Creek as follows: 12.6 acres x $2,180.00 per gross acre = $27,468.00. 26. Transportation Infrastructure Cost. Developer has previously constructed 75th Street in the initial Final Plat and has been provided credit for that construction against City collector street access fees in the amount of $84,905.00 in this Plat and future related developments. The collector street access fee for this Plat is as follows: 31 lots x 1,460.00 0 per lot = 45,260.00- $49,780.00= - $4,520.00 credit. The credit will be applied to future additions final platted from Outlot A, CRIMSON PONDS WEST 2' ADDITION. 27. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City $2,250.00 for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount was calculated as follows: nine (9) 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: 2 lights x $2,000.00 per light for a total payment of $ 4,000.00. 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 (3%) of the estimated construction cost of the Plan C Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection, which are estimated to be five percent (5%) of the estimated construction cost of the Plan C Improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. Any amounts for engineering administration not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred (with any excess funds, if any, returned to Developer as indicated further in this Paragraph 29), City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as follows: Engineering Services Escrow 8% of $ $465,530.00 $37,242.00 Legal Services Escrow 1% of $465,530.00 $4,655.00 City Administration Fee 1% of $465,530.00 $4,655.00 Street Signs 9 at $250.00 per sign $2,250.00 Street Lights 2 at $2,000.00 per light $4,000.00 Sewer Availability Charge 31 lots at $2,310.00 per REC $71,610.00 Water Availability Charge 31 lots at $1,613.00 per REC $50,003.00 Stormwater Impact Charge 12.6 acres x $2,180 per gross acre $27,468.00 Transportation Charge No charge due to credits accrued. $0.00 Park and Trail Dedication Fee 31 lots x $3,400/lot x 57.7% $60,815.80 GIS Data Entry Fee 12.6 acres x $100 per acre $1,260.00 TOTAL $263,958.80 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 Agreement, and construction of all public improvements, the Developer shall famish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount of $749,525.00 said amount calculated as follows: Site grading, erosion control and wetland protection $37,800.00 Sanitary sewer (lateral & trunk) $110,965.00 Watermain (lateral & trunk) $129,520.00 Storm Sewer (lateral) $51,890.00 Streets $173,155.00 Landscaping $62,000.00 Engineering services $34,290.00 SUBTOTAL $599,620.00 25% additional security $149,905.00 TOTAL $749,525.00 8 The issuer and form of the security (other than cash escrow) shall be subject to City approval. The security shall be issued by a banking institution in good standing as determined by the City and approved by the City Administrator. The City shall have the ability to draw on the security at a bank or branch bank located within fifty (50) miles of the City Hall. The security shall be for a term ending July 1, 2017 and shall contain an automatic renewal provision. The City may draw down the security for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of the Developer to inform the City at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), the Developer shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw down the security. If the security is drawn down the proceeds shall be used to cure any default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $96,406.00, which is the amount of warranty security. A warranty security in the amount of $96,406.00 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 after the applicable work has been completed. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10%) of the posted security until all Improvements have been completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all public improvements at all times. 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 $749,525.00. 31. Landscaping. The Developer shall install two (2) trees upon each lot within the Plat of a species approved by the Zoning Administrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions 9 may be used to cure any defects in the event that the Developer, it assigns or successors fail to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $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 specifically prohibited. The Developer, Builders or Property Owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable portion of each lot and shall post any security required by the City to assure landscaping or other items in compliance with the City Code at the time of application for a building permit on each lot. The Developer, Builder or Property Owner shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights -of -way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City, after reasonable notice and opportunity to cure, may enter the lot or lots, perform the work, and apply any posted security toward the cost. The Developer, it assigns or successors, Builder or Property Owner will provide will provide all trees, grass, seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. Developer is also required to implement a Landscaping Plan including 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 any significant trees. 33. Meters. Meters shall be provided as per City policy. 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 $96,406.00.00. 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 10 subcontractor. In the event that the City receives claims from labor, materialmen, or others that perform work required by this Agreement, which is provided to real property owned by the City, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty- five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in the form of cash or certified check. 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 desirability of the Plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the plat or any part thereof, their heirs, executors, representatives, successors and assigns: None. 37. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat development, except for negligence of City, the Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The prevailing party shall reimburse the non -prevailing party for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. 11 D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt, unless the Developer is in good faith and with all due diligence disputing the payment of the same. If the bills are not paid on time, the City may, after notice and a reasonable period of time to cure said default, halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until all bills are paid in full. Claims not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 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 of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of public improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of public 12 improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property and all properties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. 13 K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the Developers, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any affects that their actions may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on -site drainage facilities to be constructed in accordance with this agreement and plat approval. 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: Jeff Benzinger, Benzinger Properties, 21301 County Road 81, Rogers, MN 55374. 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 90th Street NE, Otsego, MN 55330, Attention: City Clerk 14 CITY OF OTSEGO BY: Jessica Stockamp, Mayor US Tami Loff, City Clerk BENZINGER PROPERTIES DEVELOPER f-W Its: STATE OF ME\NESOTA ) ) ss. COUNTY OF WRIGHT ) Jeff B enzinger The foregoing instrument was acknowledged before me this day of 2016, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public 15 STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged 2016 by Jeff Benzinger the authority and on behalf of the corporation. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763)231-5850 before me this day of of Benzinger Properties, with Notary Public 16 KNOW A" PEn*N$ BY THESE PRESENTS: 'mat ".— R. Cable rm Truatao of the Thar,ma R, Cwbin Rotoab6 TrvaF Agryamdnt, daladdaplombar$, 2610, dvm.r bRha toeovdn9 dowalbad pmpmTy 09-4 W in iho Clly aiOtpoga, Cdudty Alvt ht, stato orciinnovow, to vdt: Owlol A, CFYW=N PONDS WEST 2ND APO)TION. A000rding to thn r rdod pnt Ih.mof, Wd914 'WnMY, Nllnaay.la, Ho* cooaod tho ammo to bo aw,.yvd and phbad as CRIMSON PONDS WEST3X[ APPMON, aad dooe horoby dodlcmoto Pw public forpubilo ono lb. puhk—y—W Ina drobmaa and allgty gaaemanld as anoAtod by thh pIDL to+,mast wtwtoaf .ald Thannn R. Corbin, TnMoe a1 the Thatwd R. Carban Rev * Trott A9momcnl, datod Soptomba&2010, boo hano-l—t No Mad thla_tlaY of 201 „_,,. THOMAS R.COROIN fl$VOCARLB TRUSTAGREEMENT Tbano-It"C rbin, Truntoo orllw Tlwmntt,. Cofbin R—WoTRoAAgraomoa dat.0Sglam4or5, 2010 STATE OF COUNTY OF _ Yhis tnmdrmard voa aatnmAodgad Wam vw itch slay of—. 201 by 7Mmet R. Cwbin, Ttadt000ffha Thonwa F. Catbtn Rawwbla 7NttA9roamonl, dntad S6Ptdhbor S, 019, (slgrmmm) (P oA Noma) Nalory Phbm County, � FM/ CommlWan Explta.aoauory 7t, 20t_ SUItWQYDRS OlItKnFICATION 1, Honry 17 Nalaon. do hamby cer* that Ihh RI A woo pmpdrod by ma or uWaraw almo vuporvlplon; that I Am a duty. 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Mnhamm My OdmmlaWon EXpIreaJnnaary 31, 2020 LUCKS CITY COUNCIL, CIYYOFO'rSEOC, FANNESOTA Thinphtof CfdW50N PONDS W STMO ADDITION rwn approvad andaacaptad by the city Oaunaioflha Cdy of Ob.9o,Mlrmamla,aFa maallnp thorocfhotd thk____„ day xVd plath In aompftna.wth 1no pmlolonsotntmnatata SU,hdaa, S-9.o 5DS,Dn,Subd. 2, Ely;a Mayor ba"Clark WRIQKT CCUNTY SURVEYOR I hamby ox* that Inaooatdataa vAlh Rinnodad Smwtoa, Sooliion 50$0.2T, Sdbd, 11. thispnl hue bean r IMsd and appro9od this_dw of__, ,,_, 2Dl­ `ANPtd OowdySurvoym WRIGHTOCIINTYAUDITOR Pumwntia Mign.Wa StatMaa,Sacdan 2r—ll.lb— .1.-clangponl tazaa on tho Wrd hatolnbotom d... dhod on thisptatand trancrorantotod thl.,,,,_,__day of 201_r gY. MMphi CountyAudltor Dopury wF4GHTC0UNTYTMSURER Pwaudnt la hMrwaala 5 WWr , SacUon 5K(121, Subd. 9, IdX- Pagabla for Ina Year 201_ an thh land hmolnboibro dudtrILW hh-b—paid lhh_dav or_, 201­ By. 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