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ITEM 4.2 Boulder Creek 2nd Addition0 0tsF eo MINNESOTA <311, DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 25 April 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht Finance Director Flaherty 4.2 — Boulder Creek 2"d Add. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of the Boulder Creek 2d Addition Final Plat and development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? Yes. I No. BACKGROUND/JUSTIFICATION: Mattamy Homes has submitted application for final plat approval of 78 single family lots to be known as Boulder Creek 2nd Addition. The City Council approved the preliminary plat and PUD-CUP development on 14 July2014. ■ Preliminary Plat Consistency. The final plat for Boulder Creek 2"d Addition 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. A PUD-CUP was approved with the preliminary plat to establish lot area, width rand setback requirements for the single family lots within Boulder Creek. 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. The developer will be required to install this landscaping as a condition of final plat approval. Security for the boulevard landscaping will be provided with the issuance of each building permit. Access/Streets. Parell Avenue is the primary street accessing Boulder Creek designed as a minor collector with two traffic lanes, designated parking lanes to one side, and total width of 33 feet from back -of -curb to back -of -curb. This street will be extended as part of Boulder Creek 2"d Addition continuing south as Palmgren Avenue at 75th Street. 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 with a five foot wide concrete sidewalk along one side 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 $1,460/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, park and trail improvements, and cash fee in lieu of land. Outlots A, C, and D are to be deeded to the City with this final plat. Additional land to be dedicated to the City will occur with later phases ultimately meeting 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 of $3,400/lot for Boulder Creek 2"d Addition. City staff recommends that the cash fee in lieu of land be deferred as a credit against the Lefebvre Creek greenway improvements the developer will install. Grading and Drainage Plans. The developer has submitted grading and drainage plans for the area of the proposed final plat and has initiated work under a separate grading agreement and provision of security. All grading and drainage plans are subject to review and approval by the City Engineer. Outlot B is established with the Boulder Creek 2nd Addition Final Plat to encompass an existing wetland in the northeast portion 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 of $2,180 per gross acre 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 Sewer Availability Charges of $2,310/lot and Water Availability Charges of $1,613 per lot at the time of final plat approval for the 78 lots as provided for in the development agreement. Utility Connection Charges will be collected at the time a building permit is issued for each lot in accordance with the fee schedule in effect at that time. ■ Outlots. The final plat includes the following outlots: ■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot and over storm water 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 for Boulder Creek 2"d Addition related to 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 April 20, 2016 C. Findings of Fact and Decision D. Resolution 2016-41 approving the Development Agreement E. Development Agreement F. Preliminary Plat G. Final Plat (3 sheets) POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve the Boulder Creek 2nd Addition Final Plat subject to the conditions as outlined in the Findings of Fact and Decision and adopt Resolution 2016-41 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA o NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: �. i.�' 7 f LLLL.'L"L I I I I 11 1 �"�«'f f -r ,fib /_ ) � -�r����►+�-1�`:,��+�c _ © , Review No. 1 ��Halcanson 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 Brian Theis, Mattamay Homes, Inc. Brian Krystofiak, P.E., Carlson McCain Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: April 20, 2016 Proposed Development: Boulder Creek 2nd Addition Street Location A portion of the Section 27, T121, R23. south of 78t' Street, of Property: west of Odean Avenue, and north of C.S.A.H. 37. Applicant: Brian Theis 7201 Washington Avenue Suite 201 Edina, MN 55439 Developer: Mattamay Homes, Inc. Owners of Record: Mattamay MPLS Partnership Purpose: Boulder Creek 2nd Addition is a proposed 78 lot single-family residential development on 50+ 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 CONSTRUCTION PLANS COVER SHEET OVERALL UTILITY PLAN I wwri anle,0o11_\eI STORM SEWER STREET CONSTRUCTION DETAILS GRADING, DEVELOPMENT & EROSION CONTROL PLAN SURFACE WATER MANAGEMENT WETLANDS OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 C:\Users\Tami.OTSEGOWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2281.02 RVW1.doc INFORMATION AVAILABLE Boulder Creek 2nd Addition Final Plat received 3/28/16, by Carlson McCain Construction Plans for Boulder Creek 2nd Addition, dated 3/28/16, by Carlson McCain Grading, Development & Erosion Control Plans for Boulder Creek, dated 3/28/16, by Carlson McCain Previous Addition Information 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 lst Addition, dated 8/l/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 PAGE 3 C:\Users\Tami.OTSEGOWppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\1HD3FVW1\ot2281.02 RVW1.doc FINAL PLAT 1) All easements and Outlots A, B, C, & D shall be dedicated to the City. CONSTRUCTION PLANS Cover Sheet (Sheet 1) 1) A contact name and phone number for the developer shall be provided. Index/Overall (Sheet 2) 2) The limits of construction shall be shown more clearly. 3) The pond names/numbers as well as the NWL, 2 yr, 10 yr, and 100 yr elevations shall be shown, including the NWL and 100 yr HWL of the creek. 4) Lots 8-10, Block 4 shall be shown on the overall plan. 5) A temporary cul-de-sac is required at the end of all street serving 2 or more lots. A temporary cul-de-sac is required at the south end of Palmgren Avenue. Sanitary Sewer and Watermain (Sheet 3-6) 6) A valve shall be added to the watermain at mid -block along 75th Circle. 7) A valve shall be added to the 75th Street watermain, just west of Palmgren Avenue. 8) All sanitary sewer manholes require bolt on rings, frames, and castings per City Standard Plates revised 8/18/15. This should be brought to the Contractor's attention as soon as possible. 9) A temporary cul-de-sac is required at the south end of Palmgren Avenue and may interfere with the temporary hydrant and stub locations. 10) The type of SDR PVC sewer pipe called out N/E of San MH 2 is SDR 26 on sheet 3, the pipe switches to SDR 35 to the S of this manhole. It shall be verified that this changed in pipe thickness is correct. Storm Sewer (Sheet 7-10) 11) All storm manholes in paved areas (not in curb and gutter) require bolt on rings, frames, and castings per City Standard Plates revised 8/18/15. This should be brought to the Contractor's attention as soon as possible. PAGE 4 C:\Users\Tami.OTSEGO\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2281.02 RVW1.doc Street Construction (Sheet 11-15) 12) K-values shall be show for all vertical curves. All vertical curves shall meet minimum lengths or K-values for a 30 mph design speed. Many vertical curves are shown to have 50' lengths and no K-values are shown. The vertical curve at sta. 20+00 and 35+00 along 75th Street do not meet the minimum length required. 13) Sheet 15, the trail shall be extended north to 75th Street along the west property line. The developer will be given credit for construction the trail from the north property line of Boulder Creek 2nd Addition to 75th Street. Signage and Striping Plan Sheet 16-17) 14) Wetland buffer signs are required. 15) Signs will be fabricated and installed by the City of Otsego. Details (Sheet 18-20) 16) Many standard plates are out of date. See City Engineering Manual, revised 8/18/15. GRADING PLAN, DEVELOPMENT, AND EROSION CONTROL 17) The pond names/numbers as well as the NWL, 2 yr, 10 yr, and 100 yr elevations shall be shown. SURFACE WATER MANAGEMENT 1) Stormwater Management Plan for Boulder Creek, dated 7/18/14, by Carlson McCain has been accepted 2) Provide storm sewer design calculation and inlet spread calculations. Not all catch basins need to be calculated as long as the most critical are evaluated. 2/3rd, of the drive lane are allowed to be inundated along normal residential streets. WETLANDS 1) No comments OTHER CONSIDERATIONS 1) A concrete washout area shall be depicted in the plans. Check that the runoff from this area(s) is contained and does not enter wetlands, ponds or other waterways. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. PAGE 5 C:\Users\Tami.OTSEGO\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1HD3FVW1\ot2281.02 RVW1.doc 24 March 2014 FINDINGS OF FACT AND DECISION APPLICANT: Mattamy (Minneapolis) Partnership APPLICATION: Request for final plat approval of 78 single family lots to be known as Boulder Creek 2nd Addition. CITY COUNCIL MEETING: 25 April 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 F, Boulder Creek, City of Otsego, County of Wright, State of Minnesota. 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 78 single family lots. F. The Request for Council Action dated 25 April 2016 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated April 20, 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 Boulder Creek shall comply with the following minimum setbacks: i M Front/ Interior Rear Wetland Side Side Corner 30ft. 7ft. 20ft interior 40ft. 65ft. collector 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. 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. Outlots A, C, and D shall be deeded to the City for park purposes; the remainder of the park dedication requirement shall be satisfied as a cash fee in lieu of $1,431.40 per lot held by the City as credit to be applied to improvements installed by the developer within Outlots A, C, and D Boulder Creek 2nd Addition. 9. Outlot B shall be deeded to the City for 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 with each lot 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 25th day of April, 2016. CITY OF OTSEGO By: Jessica L. Stockamp, Mayor 2 Attest: Tami Loff, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2016-41 RESOLUTION APPROVING DEVELOPERS AGREEMENT- BOULDER CREEK 2ND ADDITION WHEREAS, Mattamy (Minneapolis) Partnership is seeking approval of a Plat known as BOULDER CREEK 2ND 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; 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 25th day of April, 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 BOULDER CREEK 2ND 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 Mattamy (Minneapolis) Partnership, a general partnership 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 BOULDER CREEK 2ND ADDITION. The legal description of the property covered by this Agreement is as follows: OUTLOT E and OUTLOT F, BOULDER CREEK, according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. The Plat contains seventy eight (78) 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 Final Plat for BOULDER CREEK was approved by the City Council on September 22, 2014. 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 seventy eight (78) lots within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. BOULDER CREEK 2ND 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 BOULDER CREEK 2ND 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, BOULDER CREEK 2ND ADDITION prepared by Carlson McCain. Plan B Grading, Drainage, and Erosion Control Plan prepared by Carlson McCain and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for BOULDER CREEK 2ND ADDITION, as prepared by Carlson McCain and as finally approved by the City Engineer. K Plan D Landscape Plan for BOULDER CREEK 2ND ADDITION, prepared by Carlson McCain, 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 I. Construction surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so by the City Engineer, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work. Within thirty (30) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DYF 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. 9 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 1. 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 15f 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 2 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 E 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 $13,232.00. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat due upon Final Plat approval is as follows; 78 lots at $2,310.00 per REC = $180,180.00. 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: 78 lots at $1,613.00 per REC = $125,814.00. 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. A portion of the Park and Trail Dedication obligation will be met by dedication of land, Outlots A, C and D in this Final Plat and additional land included in future phases which are to be deeded to City. The remainder of the requirement is cash as follows; 78 lots x $3,400.00 per lot x 42.1 % = $111,649.00. This amount will be deferred as a credit against the Lefebvre Creek greenway improvements to be installed by Developer. 25. Storm Water Management Fee. Developer shall pay a Stormwater Charge for LeFebvre Creek as follows: 50 acres x $2,180.00 per gross acre = $109,000.00. 26. Transportation Infrastructure Cost. The collector street access fee for this Plat is as follows: 78 lots x 1,460.00 per lot = $113,880.00. 0 27. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City $5,750.00 for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount was calculated as follows: twenty three (23) 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: 7 lights x $2,000.00 per light for a total payment of $14,000.00. 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 $ $1,323,185.00 $105,855.00 Legal Services Escrow 1 % of $1,323,185.00 $13,232.00 City Administration Fee 1% of $1,323,185.00 $13,232.00 Street Signs 23 at $250.00 per sign $5750.00 Street Lights 7 at $2,000.00 per light $14,000.00 Sewer Availability Charge 78 lots at $2,310.00 per REC $180,180.00 Water Availability Charge 78 lots at $1,613.00 per REC $125,814.00 Stormwater Impact Charge 50 acres x $2,180 per gross acre $109,000.00 Transportation Charge 78 units at $1,460.00 per unit $113,880.00 Park and Trail Dedication Fee 78 lots x $3,400/lot x 42.1 %- deferred as a credit $00.00 GIS Data Entry Fee 50 acres x $100 per acre $5,000.00 Wetland Delineation Review 1 Review x $2,00.00 per review $2,000.00 TOTAL $687,943.00 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 furnish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount of $1,969,168.75 said amount calculated as follows: Site grading, erosion control and wetland protection $00.00 Sanitary sewer (lateral & trunk) $298,690.00 Watermain (lateral & trunk) $305,170.00 Storm Sewer (lateral) $233,815.00 Streets $485,510.00 Landscaping $156,000.00 Engineering services $96,150.00 SUBTOTAL $1,575,335.0 0 25% additional security $393,833.75 s TOTAL $1,969,168.7 5 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 $252,976.00, which is the amount of warranty security. A warranty security in the amount of $252,976.00 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 $1,969,168.75. E 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 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 $252,976.00. 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. 10 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 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: Outlots A,B,C and D are to be conveyed to the City. Outlots A, C, and D will be conveyed for park and trail purposes. Outlot B will be dedicated for wetland purposes. 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 11 City may pay or incur in consequence of such claims, including attorney's fees. C. The prevailing party shall reimburse the non -prevailing parry for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt, unless the Developer is in good faith and with all due diligence disputing the payment of the same. If the bills are not paid on time, the City may, after notice and a reasonable period of time to cure said default, halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until all bills are paid in full. Claims not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 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. 12 D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of public improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of public improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property and all properties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be 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 farther building permits. L 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 13 deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the Developers, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any affects that their actions may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on -site drainage facilities to be constructed in accordance with this agreement and plat approval. 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: , (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 90t, Street NE, Otsego, MN 55330, Attention: City Clerk 14 STATE OF MINNESOTA ss. COUNTY OF WRIGHT CITY OF OTSEGO � -. LOW Jessica Stockamp, Mayor Tami Loff, City Clerk MATTAMY (MINNEAPOLIS) PARTNERSHIP DEVELOPER I:]I'd Steve Logan, Vice President Calben (Minnesota) Corporation Its: General Partner 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 NIINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016 by Steve Logan, Vice President Calben (Minnesota) Corporation the General Partner of Mattamy (Minneapolis) Partnership, with authority and on behalf of the partnership. DRAFTED BY: MACARTI IUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 Notary Public 16 1' rn IL��� ��_ 0 V -- 4 4. II VlClNrFY MAP BOULDER CREEK 2ND ADDITION C] rTLr A n IT -)In/ r- I (;) I rjl Ir-A C- A n,T-,Innr- / ` r7L I , I v I IVDJ 31r T- ` C1L_ri_ -11 v 1 I \IL/\7f_ prni\r- -r rl I _ I \JLJVL / 1 rl A nnlTv�n I DTI 1 A nnlT!/ln I / �% I rl IL/UI I IL/1 v (u� I J I rT ! LJLJI I IVI v S89°44'15"E/ A nnlTl/'\N 1 North line of Outlet F. BOULDER CREEK---,,, 1' 1475.81 , '` I I v l y r West line of Outlat BOULDER CREEK Bearing Orientation: The East line of Outlet F, BOULDER CREEK is OUTLOT A assumed to bear South 00 degrees 20 minutes 12 seconds East Bo se ro I in r7 i� i an oa0 `J Co "GRAPHIC SCALE 0 75 150 300 (SCALE IN FEET) 1 INCH = 1S FEET DETAIL "A" / (Net to Scaler \ 6 \1478 4 INSET A 13 —(SEE SHEET 2 OF 3 SHEETS) J CZ 9 12 '3 1 Un 2 z 10 11 1 75TH 16 17 18 19 20 1 21 ; 22 23 24 12 75TH CIRCLE I N. E. 1�213j41516171819 19 /18/17I16 11512 14�13 12 11 10 STREET A 2 3 `,95�51 4 5 6 7 9 10 11 12 13 14 r�)v ry�ti y r ^iIW ,aav 3D731 S80 °4023 tea: ll gmr`r v`a hn, �. S7B40'01"E a 37'08"E qu h oh 81.57����-- 395.$6 oil 1�59 y5 % = dV �8'p9'E 8156�/' 5981 589°4415E al R �e9a a3'� ' SAsnG•�� / q 2 Sm1 _ NBS.091a W N88°I4'31..W S00°20'12"E 11 / CRLS 10947) 142.80,�� 1 N0O SOO'19'12"E 0I a poi I ' Om oO o� Q 0 h Iz R:t Oyo an N I a m r I m Nm o U F o j-0UTLOT F ��I I o ov N0019'12"W 142.80 fA o, `x I p 142.80 N00°20'12"W I p 0"3 Ono \\ O Ca If 00 an �m mS00°20'12"E \ / 142.80 l \ [- U V L_ V �- 576 47`43'•E 568�2 SO f � V W y u)In oLO DETAIL "B" �� N W z Not to SaafT z / cI \ IAD�n ww w� �wNN w. 0 JTLOT E h/t [ CR - N _i h "J1 O '�•� �>n See"B" _Detail / ' 89°40 48'W \ 494 68 / / 0'H STREET N.E. NC. 3i \(.,.SAR I `a w � O Denotes Wright County Cast Iron o Denote 1/2 h be 14 h Iron I O I L8 L� 0 monum t t to b t w thin one of this 0351 lat and ea'with L� C7�°1N marked license number 4rg • Denotes Found Iron Monument n 494.68 " — L=32.31 S89°4o'48" Denotes Weiland Delineated by Kjolli �� Environmental Services Company 2D13. R=20.00_ _u n m �.92°33'17" OUTLOT C Drainage. & Utility Easement COver all of Outlet C) L"{ n in iv 00 KNOW ALL PERSONS BY THESE PRESENTS: That Mattamy Minneapolis, LLC, a Delaware limited liability company, as successor by conversion to Mattamy Minneapolis Partnership, e �t rnoN sOWI ^o opt �NlO MMja a Minnesota general partnership, owner, of the following described property situated in the. County of Wright, State of Minnesota. to wit: Oo �e �noltOl v o O�NNN up Outlet E and Outlet F. BOULDER CREEK, according. to the recorded plot thereof, Wright County, Minnesota tyj ,O r-� onn NI 000j II II II 4rrJ �'� Or Nr Ii, II ll nip co, *�- m tpiz �rr� a7o I a.rl Has used the same to be surveyed and platted as BOULDER CREEK 2ND ADDITION and does hereby dedicate to the public for public use the public ways .and the drainage !+} Se �����, and utility casein ents as created by this plat. �se so m 6°p��"?6 In witness whereof said Mattamy Minneapolis, LLC, a Delaware limited liability company, as successor by conversion to Mattamy Minneapolis Partnership, z9 10-uNj a Minnesota general partnership has caused these presents to be sgned by its proper partner this day of 20 S16 8'12"E i - �� \ MATTAMY MINNEAPOLIS, LLC 122.58 8 0 I �a .v � B0 „ a I ., to I! J N89 4415"W 5 0 t 7 Most asterly i s-- 10 BOULDER ofot E, Steve Logan, Vg President 26 34 ?i L-i 64 STATE OF 27 Cp COUNTY OF �+7�+ 33 5 This instrument was acknowledged before me this day of 20 by Steve Logan, Vice. President of Mattamy Min e polls, LLC• 28 INSET a Delaware limited liability company, as successor by conversion to Mattamy Minneapolis Partnership, a Minnesota general partnership on behalf of the company. (SEE SHEET 3 OF 3 SHEETS)4 29 32 Signetare 30 31 3 Printed Name 2 Notary Public, County, My commission expires oi`^nn Z9 W min OUTLOT D I 6 0 0, I, Thomas R Balluff, do hereby cortify that this plat was prepared by me or under my directsupervision; that I am a duly L'�ensed Land Surveyor in :he State of Minnesota, that this plat is a co rect representut on of the bound ry urvsy, th t all math m t al data and labels are correctly desgnoted on this pat, :ha, all monuments depicted on the plat have been or wll n be rrectly set within a year; that all water boundaries and wet lands, as defined in Minnesota Statutes Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways ore shown and labeled on this plat. Dated this day of 20 Thomas R. Balluff, Licensed Land Surveyor Minnesota License No. 40361 STATE OF MINNESOTA COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of 20 by Thomas R. Balluff, Land Surveyor, Minnesota License No. 40361. Signature Printed Name Notary Public, County, My cam mission expires CITY COUNCIL, CITY OF OTSEGO, MINNESOTA This plat of BOULDER CREEK 2ND ADDITION was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular meetingthereof held this day of 20— and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03. Subdivision 2. By: By: = Mayor Clerk v v WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of 2a= Wright County Surveyor OUTLOT E - WRIGHT COUNTY HIGHWAY ENGINEER This plot was reviewedand recommended for approval this day of 20 Wright County Engineer WRIGHT COUNTY AUDITOR Pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes on the land hereinbefore desaribed on this plat and transfer entered this day of . 20_ By. Wright County Auditor Deputy WRIGHT COUNTY TREASURER (RL$-15233) (RLS 15233) U �\ L Pursuant to Minnesota Statute, Seaton 505 021. Sobel. 9, loxes payable for the year 20_ an the land hereinbefore described have been paid this day of 300.00 See Detail "A" 20= S89°40'48"W / (RLS 10947) 589°40'48'W \ By. - o N Colo 150.00 S89°40'48"W / / ro60 -. a S89°40'48"Wi 589°40'48CO Wright County Treasurer Deputy obW / 170.00 -_200,00 o iv O m 3 hl 3 \ WRIGHT COUNTY RECORDER NOON NO instrument 00 'a ¢j fir- �- 00 ocj a'N hereby certify that this was filed in the. office of the County Recorder for record on this day of 20 at o'clock 2 o oN ( No NO1 `t9 p— qa* _M, and was duly recorded In Cabinet No. Sleeve as Document No. mo z 417.69 S89°40 48' W \ —o z ^rn z ,68940 " ." `-0UTLOT F 7sDD _ �`TS00"2012"E - sag line of to Southeast Cu arter of Section 27 Township Carlson C )McCain a v..".A.fl. 0 i 0,56. South 0 rt r earner of f 2 07_13 -_ S89°40'48"W n Sect tt 27. Township 121, � 727. Range 23.Wright County Recorder 'fir' / 0 T fl 5S1 REE T iY. E. I i vlv .D 1 �\ Range 23. SB9"32 47"E ..,or of Section — — — — — — — — _----Southeast 27. Township 121, Range 23. ENVIRONMENTAL• ENGINEERING- SURVEYING SHEET 1 OF 3 SHEETS Jv I _v VI \IIVL_:VIV I VI VL.1 VVL 1 2 I�I Ir- n ,^ n A fT / iIL FILL r1 /--II V I BOULDER CREEK 2ND INSET 'A' vU I L V I L� \ "' North line/of Outlet F, BOULDER CREEK-1- L)Ir-1 /1 r- TI 1 n rl r1I/ 1 Ti A.I 7 7 / r7 I LI" I I l/ 1 v L S89'4415'E 1475.81-- 169.48 124.45 �r. 184.73 Utility %1581 1 1 Ilm` --- ---�%:ram ADDITION 1 2 I Ir- n A A IT L)1 rl /1 r- I Y / �� ��1 1(- n n A /T L)Irl/\r- I f 1L-n ._: !"11 v I 1 \IIJ \7 L- ` F71-/-1 II v I i \ILJ lJL- A FInITIFIA I J I � 2 ^TI 1 A r"1 r"11 TI/lA 1 / I rl r1LJV61lUly Y / I F7 ,-i L-1l I IVIV I It 57.83�,.•1 117.24 = 70.40 65.00 6a00 65.00 65.00 S69 ,6_9� an't I z13 \ ! !ie3 op \ \ a s5 \ o\ 1 p ✓a�� io3� / / \ \ D Ino9e c w7 \ \ . w w w `� 6 18 al a, 17 •o- N n 18 0l w I� 19 0l m IN 20 ml I I� 21 mp fz 15 _ azz'z5" it T V I \\ \\ I \ \"��=51:05--+� L-- I 7047 -J L_-_-.J L_ J I °oYss I I g2O�Sl L=47.37 4 Po 65A6 J L _ Lo.06 55.42\8 l31Zo B68s 9,95 14 %5THna�p•-il : CIRCLE IV E I I I S87'O•E Iw L_ --- OUTLOT A -I 4 rM EI r- - - 163.39 a} of N Dranage & Utility Easement ci # a g°O6apW N V, 1 8 - ''� v!/� / p� n I 3924 60.55 e 56 50.�%T'\ inlN mn I - N75�gT - 1 �� _ -, r _ - - _ 65.00 65.00 'a i (Over all of Outlet A) nN I elm `°,p ICI 5q��1� -1 I--.--- 65,00 36.56 v� I L=z2.10l� \modem -1v�- I I ----I R_60.00\S:. !-- r °-03ba`os°"� L.- - _-149.29 21'05'S- ��• 11 I --- N88°21'17'W -4 Off: /��` L_ 58253'42"E - r I • wl Im bp;ry5 / b��" -� Z�;O i i`- �- 168.90 - Iin n ' 1 1 / 1 al}�� ( 30 1 yiap°5ti 5alq" _ _ 2 nl .�!/�46g % N78 Z6� �_= J l I l.- ,� Ip '3 NI Lam+ N Jr rN ` 4 �I v o=01°m'07' m a _N y 30 - _ 20675 _ 12 ° 2 L - - 41_54 _ - - m1 rsj p5 a ° I l __ I:m f ------ _ _ 1p• N83 N8,22%°3j"1/' w 042 1 S83 I `� on^38a3s65`°2521 21 °W E aII amsI 1.eN9-s&e °8' 56�5 -40702'Wg82117W - - - -2'OE01 EDID In58$21 II 5II �mN8 °5°82q 30ge 2Ewf -I --9-.4'15�3 "65-7 620613. it 5807� ae n iq 10 �E2 Li 2273 `39946458 sr TT 3 ,L4z E _.-'1 \ \ DA,La.tb < p<oy �` Resat /�o r i o �din i w I I I _ e 2s'2z51'------ his a,9 z q 1� 19 all 6 I I I r I '-�57L_16403 l r• ,_s- OQ <_ I 3 ' 1 oop I I^ 18 nl IM I ly W I I II 6 °a\ .� 67o3Id __- 0 30 urn 1 Iz a I 17 pl to 18 Ia o a,i 14 Q�r9y144' a1 ' .�in \�� ,m 11 \ '• "N g L�23.1�_-_-_ r - I I onl I I Iz cl pz 137,0 - �' L=50.16 9942'07"� 41.69 N78.4g•0jty __ice_ my 9¢ L-7D. g 9-' -f LQ-0T27'S9_ J 4�_ 589°44'15"EJ Y'i 51 :O3 \ o/ , ♦ �G �� 3 \ I I 1 \ \�/ /V�/P�/tie��D/9�hv`�S4`/,,SSw 4�j. C ' /�" l2 G/P• ING\ �t;;'1(ti\1%°`o7.5` 1 \ \o\\ \,\^\ .\\ o II `a3i -. %I y II vI1 °i] .I °W �€I 1 i 31 r7-1 / b-n�•.' d- cBiR =saL.'t-o.2s22o2e09.. 9.7a775° i5j ti"of h STREE 10 10/ o/2 3 T \ ei 3- G�1I4VA) S1IfI w�r$'d=03°2a 38" o=o2°5e's5- \ ueltY{' i� •`a p y \ \ >;Orono9a & t J L� I I 1 1 i. I� I B °'S, ha t ,tJv �o"� a t� s`'� \ stiW S•• t _ L-�_ 1 7�` I < I � of Ira 3' S� ,5dC13.,gzE 1 2E 5803E 75.00- -J L1 Sze3°04I�703°7E-�=t'' I F1 'I. Dy - aino i=&enUt I �,8 aSI l2'S4" _4 poy I II I N pHJI II i I1o"°Mv3 I 07zd 7750 `R,21p Na35 16224 7750 10 sJ o77. S802404I 37.787'OWE �_1 I 30.21 1 _J I V I\ L_I I m1 Sal 19,09"E 81:56 ' Se5b9'14"E 59.81 `-395.¢6--- _ 58894'31"E S89°4415"E N Denotes 1/2 inch by 14 inch Iron monument set or to be 0 set within ens year of recordklg of this plat and marked with Ilcense number 443 1 • Denotes Found Iran Manument GRAPHIC SCALE E�a4s.l Environmental Services Delineatedby InIh2013. 0 25 50 100 Bearing Orientation: The East line of Outlet F. BOULDER (SCALE IN FEET) CREEK Is assumed to beer South 00 degrees 20 minutes 1 INCH = 50 FEET 12 seconds East. DRAINAGE AND UTiUTY EASEMENTS ARE SHOWN THUS: I I II 5--T r- II II 1 __5 a o i 1 --J-_--J L------J-_ I Being 5 feet in width, and adjoining aide lot lines, and 10 feat in width and adjoining right of way lines and roar lot lines unless otherwise shown an this plot. (NO SCALE) I rsw'sr rvE_ nE 4 I as x coum Hsi I � City of Otsego, Wright County, MN Section 27, Township 121, Range 23 (� Carlson McCain ENVIRONMENTAL • ENGINEERING • SURVEYING SHEET 2 OF 3 SHEETS SHEET 3 OF 3 SHEETS