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ITEM 4.1 Wildflower Meadows VillaW OtsTe F o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: Planning REQUESTOR: City Planner Licht MEETING DATE: 12 September 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.1— Wildflower Meadows Villas City Engineer Wagner City Attorney MacArthur AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of a final plat for Wildflower Meadows Villas consisting of 24 detached townhouse dwellings. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes. No. BACKGROUND/JUSTIFICATION: Hedberg Homes Inc. (Katricia, LLC) is proposing to develop 24 single family detached townhomes on Outlot A, Wildflower Meadows, located north of 70th Street (CSAH 37) and west of Quenroe Avenue. The 7.09 acre subject site was preliminary platted by Rottlund Homes as approved by the City Council on 13 March 2006 for development of 114 attached townhouse dwellings. Applications for approval of a preliminary plat and Planned Unit Development— Conditional Use Permit (PUD-CUP) for subdivision of detached townhouse lots and access utilizing existing private driveways for the proposed development was approved by the City Council on 25 July 2016. The developer is now seeking final plat approval for the proposed 24 detached townhome dwellings. Preliminary Plat Consistency. The proposed final plat is consistent with the layout of the preliminary plat, including the reduction from 26 detached townhomes to 24 detached townhouse dwellings as indicated by the developer. The final plat has not been modified as required by the preliminary plat approval to include the existing retaining wall along the west side of the property and proposed storm water basin entirely within Outlot A and must be revised. Landscape Plan. The PUD Development Stage Plan approval included a requirement to modify the proposed landscape plan to provide for installation of additional evergreen trees along the west side of the development, identify proposed foundation plantings for the dwelling units, and revise the minimum size specifications for the proposed plantings to comply with the Zoning Ordinance. These revisions must still be made to the landscape plan and are subject to City staff review and approval. Access. Wildflower Meadows is accessed via 70th Street (CSAH 37) and River Road (CSAH 42). The developer will pay a transportation fee equal to 50 percent of the fee established on the City's fee schedule in accordance with the initial Wildflower Meadows development agreement. The individual detached townhouse dwellings are accessed via private drives intersecting Quenroe Avenue and 72°d Street. Queens Court and 72"d Court are existing private drives that will be reconstructed as part of the proposed development to extend utilities. All private drives are to be constructed with a 28-foot wide section with concrete curb and gutter (same as the City's urban public street section) within a 30 foot wide outlot. Construction plans for the proposed private drives are to be subject to review and approval by the City Engineer. Lots. The proposed final plat provides each dwelling with an individual lot consistent with the preliminary plat. The preliminary plat included a condition that deed restrictions be recorded with each lot and incorporated as part of the homeowners association regulations restricting use of the open space within the development consistent with that of a townhouse common base lot. Setbacks. The table below illustrates the setback requirements of the applicable to the the detached townhomes consistent with the preliminary plat approval: Quenroe Ave./=WetlandPvt. Interior Side(1) 72°dSt Principal Attached Btwn. Bldg. Garage Bldgs. 20ft. 40ft. 25ft. 10ft. 5ft. 15ft. 1. The setback between buildings may be reduced to 14ft. for a dwelling designed as disability accessible, that which side yard shall be clear of all obstructions. Park and Trail Dedication. The parcel of land the City is currently developing as Northwood Park was dedicated with the preliminary plat and first final plat of Wildflower Meadows in partial satisfaction of park and trail dedication requirements. The balance of the park dedication requirements for each phase of Wildflower Meadows, including the subject site, is to by payment of 41.7 percent of the park and trail dedication fee in lieu of land adopted as part of the City's fee schedule in effect at the time of final plat approval on a per dwelling unit basis. ■ Grading Plan. The developer has submitted grading and drainage plans for the proposed final plat. There is no storm water area charge applicable to the final plat. All grading, drainage, and erosion control plans are subject to review and approval of the City Engineer. Utility Plan. The proposed final plat is to be served by City sanitary sewer and water utilities. The developer is required to pay utility availability charges for extension of sanitary sewer and water upon approval of a final plat based on the City fee schedule currently in effect. All utility plans are subject to review and approval of the City Engineer. ■ Easements. The final plat illustrates drainage and utility easements at the perimeter of each lot as required by Section 21-7-15.A of the Subdivision Ordinance. The drainage and utility easements have been expanded to encompass storm water pipe at the rear of Lots 5-11, Block 3 and over storm water basins within Lots 3 and 4, Block 1; Lot 1, Block 2; and Lots 3 and 4, Block 3. Drainage and utility easements must also be dedicated over all of Outlots A, B, and C as a condition of final plat approval. ■ Outlots. The preliminary plat includes three outlots summarized below: ■ Homeowners Association. The proposed preliminary plat requires establishment of a homeowners association to provide for long term ownership of common property including the retaining wall within Outlot A and private driveways within Outlot B. The homeowners association documents must address shared ingress/egress over Outlot B with the existing townhouse dwellings platted with the first Wildflower Meadows final plat. The homeowners association documents must also include provisions prohibiting outdoor storage of recreational equipment, detached accessory structures, and all fences. ■ Development Agreement. The City Attorney has drafted a development agreement to be approved concurrently with the final plat. The development agreement memorializes all of the conditions of approval for the development, requires payment of applicable fees and establishes provisions for required securities. The developer is required to execute the development agreement as a condition of final plat approval. SUPPORTING DOCUMENTS: ❑ ATTACHED LiNONE A. Site Location B. Engineering Review dated 15 August 2016 C. Findings of Fact D. Resolution 2016-73 approving the development agreement E. Development Agreement F. Final Plat G. Landscape Plan Outlot Purpose Ownership A Wetland/wetland buffer/retaining wall HOA B Private drive HOA C Remnant/driveway easement HOA POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve a final plat for Otsego Wildflower Meadows Villas subject to the conditions outlined in the findings of fact and decision dated September 6, 2016 and adopt Resolution 2016-73 approving a development agreement. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES NA ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Review No. 2 1--alnderson akanson ENGINEERING REVIEW Residential Subdivision for the City of Otsego by Hakanson Anderson Submitted to: Brian Kiystofiak, P.E. Carlson McCain cc: Lori Johnson, Administrator Tami Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Brent Pobuda, Katricia, LCC & Hedberg Homes, Inc. Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: August 15, 20t6 Proposed Development: Villas in Otsego Street Location A portion of Section SW`/4 of the SE %a of Section 26, T121, R23 Of Property: North of CSAH 37 (701h Street) and West of Quenroe Avenue Applicant: Brent Pobuda Developer: Katricia, LCC and Hedberg Homes, Inc. 2221 1081h Lane, NE Blaine, MN 55449 Owners of Record: Katricia, LCC and Hedberg Homes, Inc. Purpose: Villas in Otsego is a proposed 26 lot detached townhome residential development within the Wildflower Meadows 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), (but not limited to) Minnesota Pollution Control Agency (sanitary sewer), and Wright County TABLE OF CONTENTS INFORMATION AVAILIBLE PRELIMINARY PLANS COVER SHEET EXISTING CONDITIONS PRELIMINARY PLAT REMOVALS PRELIMINARY SITE AND UTILITY PLAN PRELIMINARY EROSION CONTROL AND GRADING PLAN DETAILS SURFACE WATER MANAGEMENT OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION PAGE 2 S:\MunicipalWotsego23xx\23341ot2334 RVW2.doc INFORMATION AVAILABLE Preliminary Plan submittal for Villas in Otsego, dated 8/3/16, by Carlson McCain Storm Sewer Design Calculations for Villas in Otsego, dated 6/15/16 and 7/20/16, by Carlson McCain Stormwater Management Plan for Villas in Otsego, dated 8/3/16, by Carlson McCain Wildflower Meadows Construction Plans for Wildflower Meadows, 4/10/07 revision, by Pioneer Engineering Final Grading Plans for Wildflower Meadows, 4/10/07 revision, by Pioneer Engineering Storm Sewer Design for Wildflower Meadows, 4/10/07 revision, by Pioneer Engineering Hydrology Report for Pinnacle Crossing, 10/30/06 revision, by Pioneer Engineering Preliminary Plat of Pinnacle Crossing, 1/13/06 revision, by Pioneer Engineering Phase 1 Environmental Site Assessment, 2/4/04 revision, by Braun Intertec Corp. Geotechnical Report for Pinnacle Crossing, 1/29/04 revision, by Braun Intertec Corp. Wetland Delineation Report for Pinnacle Crossing, 11/6/03 revision, by Pioneer Engineering Additional Information Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Engineering Manual City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map PAGE 3 S:\Municipal\Aotsego23xx\2334\ot2334 RVW2.doc PRELIMINARY PLANS Cover Sheet (Sheet 1) 1. No Comments. Existing Conditions (Sheet 2) 2. No Comments. Preliminary Plat (Sheet 3) 3. No Comments. Removals (Sheet 4) 4. Queens Court is proposed to have the bituminous surface completely removed with the proposed improvements. Acknowledgement from the current Home Owners Association responsible for these streets is required. 5. The removed hydrant at the intersection of 71st Street and Quenroe Avenue shall be salvaged and reused or if not reused it shall be given to the City of Otsego. This shall be noted on the plans. 6. Call out the removal of the unused storm sewer stubs from the existing storm structures and plugging inside the manholes. Preliminary Site And Utility Plan (Sheet 5) 7. A detail will be needed for the sanitary and water services with the final plans. Typically the curb stops are located 10' behind the ROW on City streets. As these are private streets we recommend locating all curb stops 10' behind the curb on the easement line. 8. Final plans shall include profiles for all streets and utilities. 9. The first pipe in a storm sewer run is allowed to be 12" but all other pipe shall be a minimum of 15". 10. No valve is shown at 715t Street and Quenroe Ave connection. Grading and Erosion Control Plan (Sheet 7) 11. The small infiltration basins shall be owned and maintained by the Home Owner's Association. A maintenance agreement will be necessary. PAGE 4 S:\Municipal\Aotsego23mc\2334\ot2334 RVW2.doc SURFACE WATER MANAGMENT 12. Typically single family lots have a "C" value of 0.5-0.6. The storm calculations submitted have 0.3 and 0.45 "C" values. Provide justification for these coefficients. It appears that some of the pipe sizes will be too small. OTHER CONSIDERATIONS 13. Final plans will require a septate development plan and separate development tabulation shall be provided. The development plans shall label proposed lot corner elevations, the Lots and Blocks, Garage Floor Elevation, Lowest Floor Elevation, and Lowest Opening Elevation. 14. Final street section is to be determined by a Geotechnical Engineer. The geotechnical report shall be provided. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments being addressed. PAGE 5 S:\Municipal\Aotsego23xx\2334\ot2334 RVW2.d0c 6 September 2016 s 0- efvu KIN110601A S FINDINGS OF FACT AND DECISION APPLICANT: Katricia LLC APPLICATION: Request for approval of a final plat for 24 detached townhouses to be known as Wildflower Meadows Villas. CITY COUNCIL MEETING: 12 September 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, Wildflower Meadows, City of Otsego, Wright County, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for medium/high density residential land uses within the East Sewer District. C. The subject site is zoned R-7, High Density Residential District. D. The City Council approved a preliminary plat and PUD-CUP for the subject site on 25 July 2016. E. The Request for Council Action dated 12 September 2016 prepared by the City Planner, The Planning Company LLC, is incorporated herein. F. The application for final plat approval is processed in accordance with Section 21-3-3 of the Subdivision Ordinance. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: The title of the final plat shall be revised as "Wildflower Meadows Villas" 2. The landscape plan shall be revised subject to approval of City staff to: a. Provide for evergreen trees at the northwest corner and the east line of Outlot A to provide screening of the existing and planned commercial area to the west. b. Add details regarding proposed foundation plantings for each dwelling unit. Specify a minimum diameter of 2.0 inches for deciduous trees to comply with Section 20-19-2.B.3 of the Zoning Ordinance. 3. The following condition of the PUD-CUP regulating accessory use of the individual lots shall be recorded as deed restrictions on each lot and incorporated as part of the homeowners association regulations: a. There shall be no detached accessory buildings located on any lot within the final plat. b. There shall be no fences erected on any lot within the final plat. C. There shall be no outdoor storage of recreational vehicles, equipment, trailers, or other personal property on any lot within the final plat. 4. The following setbacks shall apply to all lots within the final plat: Quenroe Ave./ Wetland Pvt. Interior Side(1) 72"d St Drive Principal Attached Btwn. Bldg. Garage Bld s. 20ft. 40ft. 25ft. 10ft. 5ft. 15ft. 1. The setback between buildings may be reduced to 14ft. for a dwelling designed as disability accessible, that which side yard shall be clear of all obstructions. 5. Construction plans for proposed private drives shall be subject to review and approval by the City Engineer; acknowledgement of the existing townhouse HOA is required for reconstruction of Queens Court and 72"d Court as shown on the construction plans. 6. Park and trail dedication requirements shall be satisfied by payment of 41.7 percent of the park and trail dedication fee in lieu of land adopted as part of the City's fee schedule in effect at the time of final plat approval. 7. All grading, drainage, and erosion control plans shall be subject to review and approval of the City Engineer. 8. All utility plans shall be subject to review and approval of the City Engineer; the developer shall pay applicable utility availability charges upon approval of the final plat. 9. Drainage and utility easements shall be dedicated over all of Outlots A, B, and C as a condition of final plat approval; all easements shall be subject to review and approval of the City Engineer. 10. Outlots A, B, and C shall be conveyed to a homeowners association; the final plat shall be revised to include the entire retaining wall as well as the storm water basin at the rear of Lots 3 and 4, Block 2 within Outlot A 11. The developer shall submit documents establishing a homeowners association with application for final plat approval, subject to review and approval of City staff. 12. The developer shall execute a development agreement as drafted by the City Attorney and approved by the City Council. MOTION BY: SECOND BY: ALL IN FAVOR: 2 THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 12th day of September, 2016. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor 3 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO.2016-73 RESOLUTION APPROVING DEVELOPERS AGREEMENT - WILDFLOWER MEADOWS VILLAS WHEREAS, Katricia, LLC is seeking approval of a Plat known as WILDFLOWER MEADOWS VILLAS, and WHEREAS, the approved Plat requires construction of some public improvements and payment of City costs and fees as well as placing certain restrictions on the development; 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 Katricia, LLC is hereby approved, subject to Staff approved changes. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 12th day of September, 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 2 DEVELOPMENT AGREEMENT WILDFLOWER MEADOWS VILLAS AGREEMENT entered into this day of September, 2016 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and Katricia, LLC, a limited liability company 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 WILDFLOWER MEADOWS VILLAS. The legal description of the property covered by this Agreement is as follows: See Exhibit A. The Plat contains twenty four (24) detached townhouse dwelling units. The plat is located within the City's East Sewer District, the plat is zoned PUD, Planned Unit Development District as approved by ordinance by the City Council on July 25, 2016; a PUD Development Stage Plan and preliminary plat was approved by Ordinance adopted by the City Council on July 25, 2016. The Plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five (5) years after preliminary plat approval. The Final Plat for WILDFLOWER MEADOWS VILLAS was approved by the City Council on September 12, 2016. 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 1 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 twenty four (24) dwellings within the Plat does not occur until all required security has been posted. 5. Changes in Official Controls. WILDFLOWER MEADOWS VILLAS 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 WILDFLOWER MEADOWS VILLAS 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, WILDFLOWER MEADOWS VILLAS prepared by Carlson McCain. Plan B Grading, Drainage, and Erosion Control Plan prepared by Carlson McCain and as finally approved by the City Engineer. 2 Plan C Sanitary Sewer, Water Main, Storin Sewer and Streets Plans for WILDFLOWER MEADOWS VILLAS, as prepared by Carlson McCain and as finally approved by the City Engineer. Plan D Landscape Plan for WILDFLOWER MEADOWS VILLAS, 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 .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. 3 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. 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 September 30, 2017, 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 15tf' and October lSth 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. 4 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the reasonable 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. All streets within the Plat are private streets. 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 Q 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 $1,992.00. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat due upon Final Plat approval is as follows; 24 units at $2,310.00 per REC = $55,440.00. 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: 24 units at $1,613.00 per REC = $38,712.00, 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. Land was dedicated with the preliminary plat and first final plat of Wildflower Meadows in partial satisfaction of park and trail dedication requirements. The balance of park dedication requirements for each phase of Wildflower Meadows, including the subject site, is by payment of 41.7 percent of the parlc and trail dedication fee in lieu of land adopted as part of the City's fee schedule in effect at the time of final plat approval on a per dwelling unit basis. The Park and Trail Dedication fee is cash as follows; 24 units x $3,400.00 per unit x 41.7% = $34,027.20. 25. Storm Water Management Fee. There is no Stormwater Area Charge for the plat of Wildflower Meadows, which includes the subject site. 26. Transportation Infrastructure Cost. Preliminary Plat approval for Wildflower Meadows, which includes the subject site, requires payment of 50% of the collector street access fees calculated as follows: 24 units x 1,460.00 per unit x 50% _ $17,520.00. 27. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City $3,000.00 for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount is calculated as follows: twelve (12) signs at $250.00 per sign= $3,000.00. 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. Developer shall also install and pay for one (1) additional street light internal to the Plat. 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. All City fees and costs billed to Developer pursuant to this Agreement shall be billed at City's customary rates therefor. 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 $ $199,235.00 $15,939.00 Legal Services Escrow 1% of $199,235.00 $1,992.00 City Administration Fee 1% of $199,235.00 $1,992.00 Street Signs 12 at $250.00 per sign $3,000.00 Street Lights 2 at $2,000.00 per light $4,000.00 Sewer Availability Charge 24 units at $2,310.00 per REC $55,440.00 Water Availability Charge 24 units at $1,613.00 per REC $38,712.00 Stormwater Impact Charge NA $00.00 Transportation Charge 24 units at $1,460.00 per unit x 50% $17,520.00 Park and Trail Dedication Fee 24 units x $3,400/unit x 41.7% $34,027.20 GIS Data Entry Fee 7.09 acres x $100 per acre $709.00 Wetland Delineation Review 1 Review x $2,000.00 per review $2,000.00 TOTAL $175,331.20 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 $295,231.25 said amount calculated as follows: Site grading, erosion control and wetland protection $21,270.00 Sanitary sewer (lateral & trunk) $65,320.00 Watermain lateral & trunk) $78,700.00 Storm Sewer (lateral & trunk) $55,215.00 Streets $00.00 LandscLpj!Ig $00.00 Engineering services $15,680.00 SUBTOTAL $236,185.00 25% additional security $59,046.25 TOTAL $295,231.25 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 reasonably 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 initially ending three hundred sixty four (364) days from the date of issuance and shall contain an automatic renewal provision pursuant to which the security shall be deemed automatically renewed for successive one year (or 364 day) periods unless the issuer shall provide written notice of non -renewal to the City at least sixty (60) days prior to the expiration date of the letter of credit (a "Issuer Notice of Non -Renewal"). If the Developer does not replace such security with substitute security meeting the requirements hereof and reasonably acceptable to the City within thirty (30) days after the Issuer Notice of Non -Renewal, then the City may draw down the security and hold the proceeds thereof as security for the performance of the obligations of Developer hereunder. 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. The City may draw down the security for any other violation of the terms of this Agreement, which violation remains uncured after delivery of any required notice hereunder and expiration of the applicable cure period. If the security is drawn down the proceeds shall be used to cure any default and the balance held as security for the performance of any remaining obligations of the Developer hereunder. 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 $35,885.00, which is the amount of warranty security. A warranty security in the amount of $35,885.00 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 $295,231.25. 4 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 $3,000 per dwelling unit 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 Properly 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 $35,885.00. 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: 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 any claims based on the negligence or willful misconduct of City, it employees, agents and contractors, 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 reasonable attorney's fees. I 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. 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, and such failure remains uncured as of a date thirty (30) days after delivery of written notice to the Developer of such failure, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer 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, and the failure of Developer to cure such default within thirty (30) days after delivery of written notice from the City (a "Developer Default") 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. 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. The occurrence and continuance of a Developer Default under this Agreement 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 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. 1. 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 Developer, 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: Katricia, LLC, Attention: 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 - ul Jessica Stockamp, Mayor Tami Loff, City Clerk KATRICIA, LLC DEVELOPER STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) 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 before me this 2016 by the LLC with authority and on behalf of the company. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 Notary Public day of of Katricia, 16 EXHIBIT A- LEGAL DESCRIPTION Outlot A, WILDFLOWER MEADOWS according to the Plat on file and of record with the Office of the County Recorder, Wright County, Minnesota. 17 VILLAS IN OTSEGO. 1 � IA/II r♦f I /l1A/[-[) 1 Ar" A r',/lIA!^ 6 ar^ A v�lYAy� --� yr ILtJi L-V VV LI \ IV/L_r-1 IJ V Y V ..: II f♦(`I jt4AIt-_ L_I� IVILr` - - - - - - - - - - - - - - - lyAy11L.✓i L• d Ti I to V"j-, fT - cgs°rF- S89°28'44"E a,. ` • R=430.00 -• 1 59.52 { '`5 =84.89 63_es - r 4 F- Ca L > 09°50'Ofi ilo 11 6 Ilmt I> Lt' NO2°5T23"W`'-'/ _ N 02 ' I In t L=25.29L=21.744,20° pc08 { u' { 58010 95 \V J IV C J -' L I C` J A" � \\ A=06?44 20'� `` \. - ._) u�-'i j� �' = -^ l ~{...) h0't7°£ F `J5 I _ ; L _ CJ I' I$, oil 5 1 '^ •P 1V c' :� �� �� f y 2 J I l [, \ N00°18'17,e ut 1 511.13��� Ig Lt \ S >j(.60580°18'S7°W~ ut f 34.56 . o e `. ' 09°41 _ 1 \ 1 \ - 09°4/1215 �````o J N RN23°4M UTA�Y `tt .n {/' N N45°01'S2°��29.89 _{ r 41.45 t l� de 3D al Drainage "i, p3' ., t 91.90 'k 6" 30, N46°3840.3697- \�.9^r 8.20 Utllily -- 173.50, wo £osem nle(Over all of SE 3'! W Bi 1 1 _ Cut,- {m'iS�O `p°67a6 _' _ D560�7,51°1Y ` d 06' ♦�t�f to U S6D / �`♦�'00'p.Y' 0 V A t 15215 54.82 .1 0 Ca06. 62.00 - � 4�46 1,17 _ 62.00_- u• ��`jl jlf .- ,t � � � ) { 0 8 � 15 ww 11 m,8 9.37 `y 3 t tLL•��I )/ 0 6 r 36"; �I' F�°u r.�l 1 11 1 t aool ¢rt_�{15 ylt0 oaa ,4♦♦ ,J n1� {{ C^3 m �{ {� Vi IIm -iy 'L­ -57g 4718°W v 'P /d ♦ 'y,/\ i {I u� { I 0fi'W "7000/ �, �\ \J�oJ• 1 ScA966i --Drainage k,o Utility Ea rns _ 142. `� h'\, \-t=- - 133.0754 _ *. 48.02 �� 62.88 1 62.87 98.8E 415.17 N89°30'53"W R i 1v _ h 3 i_ l"v i v v f 7 0 Denotes 1/2 Inch by 14 Inch Iron monument set or to be set within one year of recording of this plat and marked with license number 40361 • Denotes Found Iron Monument 8eartngs shown hereon are based on the meet Easterly line of Cultist A, WILDFLOWER MEADOWS, which le assumed to bear South 00 degrees 11 minutes 41 seconds West. N GRAPHIC SCALE 255550 100 �® 1 (SCALE IN FEET) I INCH = 50 FEET (� Carlson McCain ENVIRONMENTAL • ENGINEERING • SURVEYING DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I I 5- I I II II ---1---J L 5--�--_ being 5 feet In width, and adjoining side lot lines, Ind 10 feel 1, width and adjoining right of way nes, outiot Ines, and rear lot lines unless otherw(se shown on this plat. VICINITY MAP (NC SCALE) I-�--f ----1 N I' City of Otsego, "rigghhtt County, MN Section 26, Township 121, Range 23 --T----=--�----- I l j i LIJ C1 Lij C� S89-13'19°E ; �L=3212 G=029B'20'6 \ i t 43.83 \ Wit, L=24.18--Ora6ro9e 68.00 68.00 rN`+ 68.00 85.00 81.00 G 'n `:'25.00 r; R=19.00 -• 0=96°5t�'44°- - `Y r u =00°58'20' I------1 & r-----1 r------) Utility (------1 Easement-. `' / 10 f----- � °f-- 70 � I I I Iw I I I I ( I I 11 N89°13 19 W ab ro N I'.�(`♦p`1' vt o°ube nl I La ml II„ I Iw I I:e m� Ip milt iw I I§ mI Iw 1 lw 11.7£ i La ml la N00°46'p,-7 1V U , J�J< NI 1 1 a ^I Ir ^I Iz 2 Is Ni IT HI 3 4 Io NI S Ir t3, Im 6 �I I8 N897 Ir a Io I l I� i iz 1 Iz I Iz )- t- an \a I I I n r l I I I I rr 1 n ri I I A I I I f I I I l 1 1 I o 6 Ld s�36--J 32.35 L - - - - - J 8&00 L - - - - - J L-----j 68.00 L-----J 1------� L------� i - <� 6'pes� 68A0 453.35 68.00 68.00 81,00 , -$ �O M N89°13'191W OUTLOT B Dra nags k Utility Easement 0 o N8993y 9"t4 (Oyer ail of Outlet B) "tci453.65 71.00 -----T 24.85 =--as � r 73.00 68.00 f-----1-----1 68.00 f ----- 68.00 81,00 - l z� Lt 3 v IAf i- ( v :� I I 5 � I ,ry 5 I I I i A A 4J I In I I tV 3 LrJ W IRa 01 i'a 6 Iis I c€ 7 _I 13 8 -I 1,- ?1 91-< i�.-I I'a 1� Ia62 ^a< I m �I'S I mI I� r :bl I SIId IrNN rmAI I'Fa��N �p 1 I NI S89%3'19-e I1010) I� I S89°i 3'19°E I IN S89°14'21°E I Ig�M �P 1 IN it` to 1 Ig Na a' I 11I z 419£ l''r.�_. 6.414 73A0- , t_: 68.G0 - j., - ---- ,� �,_>� 584°1T4t"E I I 1 -� :�- 68.32 r t .Hut --'I v i 3.15 ��,--Orahage h UNRY ,Easement-- o nm I // 1 Lij 0 0 0 ;� a wii t-1---J U I I I I I I i I I 1 - - W To 0 z ( - - - - - - - - - - - - - - - -J e73-1 / V 1 ET S 11\ILL I IN'. f_. rV._ /'{.�7. IVV. 7 90.17---� Y N89°131191W a ,,Drlvewoy Easement per Document Na.. %YZABC n is r#"# IL�>!yfff0l 70 KNOW ALL PERSONS BY THESE PRESENTS: That a owner, of the following described property situated in the County of Wright, State of Minnesota, to wit: Outlet A, WILDFLOWER MEADOWS, according to the recorded plat thereof, Wright County, Minnesota Has caused the some to be surveyed and platted as VILLAS IN OTSEGO and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat, in witness whereof sold a has caused these presents to be signed by its proper partner this day of 20 STATE OF COUNTY OF This Instrument was acknowiedged before me this day of 20_ by of a on behalf of the Notary Public, County, My commission expires �IJ G,) I, Thomas R. Balluff, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor In the State of Minnesota; that this plot is a correct representation of the boundary survey, that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one 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 are shown and labeled on this plat. LI gated this _day of 20_, Thomas R. Balluff, Licensed Land Surveyor - _ MlMesoto License No. 40361 STATE OF MWNE507A COUNTY OF The foregoing Surveyors Certificate was acknowledged before me this day of 20_ by Thomas R. Balluff, Land Surveyor, Minnesota License No. 40361. I L _ Notary Public, County, My commission expires CITY COUNCIL, CITY OF OTSEGO, MINNESOTA This plot of VILLAS IN OTSEGO was approved and accepted by the City Council of the City of Otsego, Minnesota, at a regular meeting thereof held this day of 20,-, and sold plat Is In compliance with the provisions of Minnesota Statutes, Section 505.03, Subdivision 2. BY By. Mayo Clerk WRIGHT COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505,021, Subd. 11, this plat nos been reviewed and approved this day of 20- Wright County Surveyor WRIGHT COUNTY HIGHWAY ENGINEER This plat was reviewed and recommended for approval this day of 20 Wright County Engineer WRIGHT COUNTY AUDITOR Pursuant to Minnesota Statutes, Section 272.12. there are no delinquent taxes on the land hersinbefore, described on this plat and transfer entered this _ day of 20- By: Wright County Auditor Deputy WRIGHT COUNTY TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, loxes payable far the year 20_ on the land hereinbefore described have been paid this _ day of 20- Y., Wright County Treasurer Deputy WRIGHT COUNTY RECORDER 1 hereby certify that this Instrument was fifed In the office of the County Recorder for record on this day of . 20- at o'clock _.M. and was duly recorded in Cabinet No. • Sleeve Sleeve-, as Document No. Wright County Recorder -------------- I n1andsca 1 I I I I I I I T _ - - - - - - - - - - - - - - - - - - - - _ lc- r >_ II I G 19 t m9ffON mm 1.5- Bib ISTRAIGHT LEADER I _ ULMUS AMMQ1CANA 'FRINCETOtd CAL Anb FULL CROWN A A D 15 RENAISSANCE REFLECTION BIRCH I.S4 Bab STRAIGHT LEADER BETULA PAPYRPERA'RENC( CAL AND FILL CROW E '1 WHITE PINE 6' BQB STRAIGHT LEADER I I d \I D FINIS STR05US HT AND FULL CROWN F 6 BLACK HILLS SPRUCE (I' 645 STRAIGHT LEADER PICPA GLAUCA 'DESATA' HT AND PULL CROWN I I 1 G 1 28 WEDGEWOOD BLUE LILAC 5 GAL CONE FLANT 6' O.C. 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M LEGEND OOVERSTORY TREE 2.5' CAL. 0 CphFFROUS TREE 0 Dgecidtious shrub ga. MNDOT 33-261 SEED MIX - - - - - SOD/SEED LIMITS I I I - I I w. I Utz I I ✓o I zLLJ ; I J. I N I � I 0 25 50 00 ICI is I I Il i I CALL 11E F OU DIG - - - - STREET NE - - - - - - Knowwhat'sbefore ore you - - - - - - - - - - - - - - - - - - - - - - - - - C811beforeyoudig. /ZL\ C envronmenal ��� McCain (• engineering surveying 3890 Ph¢asant Ridge Drive NE, Suite 100 Baine,MN55449 Phone: 763 489-7900 Faz: (763)489-7959 .carisonmcaain.cpm Iherebycerti(y that this plan, specification Print Na of Orr,pOrtw,aprep,redbymeoru,d,rn,y dire supervision and that I am a duly Signature: a Uc¢nsedLandscapeArchitectunder Date: 6 647 tn¢Iaw6DrmestateDtMmnesnta Dravm: SOB Dez(gned: 508 Date: 6/20/15 Revisions: I. 6/3/16 Per City Comments Katricia, LCC & Hedberg Homes, Inc. 22Z1 - 108th Lane NE Blaine, MN 55449 The Villas in Otsego Otsego, Minnesota LANDSCAPE PLAN Ll OF 2 --,a--