ITEM 4.1 Meadows of Riverpointe 2nd Addition0
ots" o
MINNESOTA C
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
Planning
REQUESTOR:
City Planner Licht
MEETING DATE:
23 January 2017
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Flaherty
4.1— Meadows of Riverpointe
City Engineer Wagner
2nd
City Attorney MacArthur
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Meadows of River Pointe 2"d Addition final plat and development
agreement and vacation of drainage and utility easements.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED?
Yes.
BACKGROUND/JUSTIFICATION:
Yes.
Lennar Corporation has submitted application for final plat approval of 67 single family lots to be known
as the Meadows of River Pointe 2nd. The subject site is located north of 53rd Street (CSAH 36) and east
of Randolph Avenue. The City Council approved the preliminary plat for the development of the Lahn
Farm property on 14 March 2016.
■ Preliminary Plat Consistency. The proposed final plat is consistent with the design for this area
of the development shown as 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. There is also a PUD -CUP governing development of
the preliminary plat regarding lot requirements and setbacks.
■ Landscaping. The preliminary plat approval require submission of a landscape plan with
application for final plat approval and provide for plantings as required by Section 20-19-2.0 and
Section 20-19-2.D of the Zoning Ordinance. The developer has submitted a landscape plan for
the entire preliminary plat meeting the requirements of the Zoning Ordinance. The developer
will be required to install the landscaping within the area of the final plat as a condition approval
and provide a security as part of the development contract.
■ Lot Requirements. The single family lots the final plat are subject minimum lot and setback
requirements shown below. All of the proposed lots illustrated on the final plat comply with
these requirements.
Front
Side
Rear
Wetland
CSAH 36/
Randolph
35ft.
7ft.
20ft.
40ft.
65ft.
25ft.
7ft.
20ft.
40ft.
65ft.
30ft.garage
■ Access. The final plat is accessed from Randolph Avenue, which was constructed by the
developer with River Place. The calculation of the collector street access fee for the proposed
final plat is shown below:
o 67 lots x $1,515 = $101,505
■ Streets. 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 consistent with the Engineering Manual. A five
foot wide concrete sidewalk will be constructed along one side of all public streets within the
final plat as required by the Subdivision Ordinance and Engineering Manual. Signs identifying
future extension of public streets are to be installed at the termini of all temporary dead -ends or
cul-de-sacs and all street signs will be installed by the City. Street names are to be shown on the
final plat as approved by City staff. All street construction plans are subject to review and
approval of the City Engineer.
Park and Trail Dedication. Section 21-7-18 of the Subdivision Ordinance requires 12 percent of
the net area of the subject site to be dedicated to the City for parks and trails, a cash fee in lieu
of land paid to the City, or a combination thereof as determined by the City. The net area of
the preliminary plat is 226.81 acres (less right-of-way for CSAH 36 and wetlands) making the
required dedication of land 27.22 acres. No land will be dedicated to the City for public parks as
part of this proposed final plat.
Future phases south of CSAH 36 will include dedication of a corridor for a public trail from CSAH
36 to the outlot encompassing the Crow River floodplain that is to be deeded to the City. The
trail corridor will be credited as 1,897 linear feet of trail within a minimum 20 foot wide corridor
equal to 0.87 acres or 3.2 percent of the total acres required for the area of the preliminary plat.
The balance of the park and trail dedication requirements for the preliminary plat will be paid as
a percentage of the cash fee in lieu of land in effect at the time of final plat approval for each
addition. The park and trail dedication fee due with the current final plat is:
o 67 lots x $3,486/lot x 97.8% _ $228,424
Grading and Drainage Plans. The developer has submitted grading and drainage plans for the
proposed final plat. All grading and drainage plans are subject to review and approval by the
City Engineer. The developer is providing for regional storm water management within the
preliminary plat and no Stormwater Impact Fee is required.
Utilities. The developer has submitted utility plans for the proposed final plat. All utility plans
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1 Detail Sheets
EMAILCWIEMERSLAGE@SATHRE.COM
CONTACT: DAVID HINNERS
PHONE 8.52-255-9624
EMAIL:. DAVID.HINNERS@LENNAR.COM
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LOCATION MAP
SHEET INDEX TABLE
SHEET
Description
1
Title Sheet
2-6
Final Street Plan
7-11
Final Sanitary and Waterrnain Plan
12-15
Final Storm Sewer Plan
16-18
Final Grading Plan
19-21
Final Erosion Control Plan
22-25
1 Detail Sheets
PREPARED BY
PREPARED FOR
ENGINEER
DEVELOPER
SATHRE 6ERGOUIST INC.
LENNAR
iW SOUTH BROADWAY
1630536TH AVE N -SUITE 600
WAYZATA, MINNESOTA 55391
PLYMOUTH, MN 55446
PHONE (952)476-600D
CONTACT. JOE JABLONSKI
FAX ISM) 476
PHONE: 952-249-3014
EMAIL: JOE.JABLONSKIQLENNARCCM
CONTACT:CRARL ES A. WIEMERSLAGE
EMAILCWIEMERSLAGE@SATHRE.COM
CONTACT: DAVID HINNERS
PHONE 8.52-255-9624
EMAIL:. DAVID.HINNERS@LENNAR.COM
SITE DATA
LOT STANDARDS
EXISITING ZONING: R -S District Law Density Rntdwsb8I
MIIPREHENSIVE PLAN: PUD
ALL SINGLE FAMILY LOTS
MIN. FRONT _YARD LIVING SET13ACK=25
MIN. FRONT YARD GARAGE SETBACK= W
M IN. SIDE YARD SETBACK = 7.5ITS
MIN. SIDE YARD CORNER SETBACK=25
MIN. REAR YARD SETBACK =24
WETLAND BUFFER AND SETBACK
MIN. WETLAND NON -RESTORATION BUFFER=29
MIN. WETLAND RESTORATION SUFFER=25
MIN. W ETLAND SETBACK=2D
LOT COUNT
SSUV LOTS- 184 (NORTH)
PHASE2 - 6]
APPROVED
RONALD J WAGNER, CITY ENGINEER.
Date:
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—TING UTILITIES SHONN ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE DUCT
LOCATION OFANYANDALLEINGUTILITIESBETDRECOMMENCINGWORK HEAGREESTOBEFULLYRESPONSIBLEFORANY
AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL D SING UTILITIES.
DRAWING NAME NO. BY DATE REVISIONS I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE
USE PRODUCT
PR CONVEYANCE WITHOUT
OF 9 s — TITLE SHEET 5401-666-200
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I E0. �
BASE LAHN PH2 Ot XXX XX/XX/XX _ _ _ _ _ _X_XX)OOCO_O( _ _ _ _ _ INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT �E Rip
AMADULY REGISTERED PRO SSI NAL ENGINEER UNDER THE ` SATHRE-BERGQUIST, INC.
SATHRE-BERGOUIST,.INC.'s EXPRESS WRITTEN AUTHORIZATION. USEWITHOUT v o
DRAWN BY - -- ------------------- SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USEAND SHALLTHEREBY LAWS OFj HE STATE OF MIN IN T m w MEADOWS OF RIVER POINTE
MDM _ __ ___ ______ _________
CHECKEDBY INDEMNIFY SATHRE-BERGQUIST, INC. OFALL RESPONSIBILITY. / m 150 SOUTH BROADWAY WAYZATA,MN.55391 (952)476-6000 OTSEGO, 2ND ADDITION
SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE A j /�9i '"� � MINNESOTA
CAW _ _ _ _ _ _ _ _ _ _ _ - USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING �'p ?�
- - LES A. IRSLAG,P.ERBv�
L E N N AR 25
FROMILLEGITMATEUSE. (0 DATE _-
- ----- ---- --- Date:
Lie. No.
09/08/16
O
2
MEADOWS OF RIVER POINTE 2ND ADDITION
KNOW ALL PERSON BY THESE PRESENTS: That U.S. Home Corporation, a Delaware corporation, fee owner of the following described property situated in the State of Minuesota, County of Wright, to wit
That part of the Northeast Quarter of Section 1, Township 120, Range 23 that lies in Wright County, Minnesota, which lies easterly of the plat of Riverplace 2nd Addition, said Wright County; Excepting therefrom the following
tracts:
Tract 1:
That part of the South 196.07 feet of the East 491.90 feet of the Southwest Quarter of the Northeast Quarter of Section 1, Township 120, Range 23, lying nortberly of the centerline of County State Aid Highway No. 36, as the
same as now laid out and traveled, Wright County, Minnesota.
Tract 2:
That part of the South Half of the Southeast Quarter of the Northeast Quarter of Section 1, Township 120, Range 23, lying northwesterly of the center line of County State Aid Highway No. 36, as the same as now laid out and
traveled, Wright County, Minnesota
Tract 3:
That part of the Northeast Quarter of the Northeast Quarter of Section 1, Township 120, Range 23, described m follows:
Commencing at the northeast comer of said Northeast Quarter of the Nortbenst Quarter; thence southerly on an assumed bearing of South 00 degrees 24 minutes 20 seconds West, along the east line of said Northeast Quarter
of the Northeast Quarter, a distance of 455.02 feet in the actual point of beginning said point distant 455.00 feet south of, as measured at a right angle to the north line of said Northeast Quarter of the Northeast Quarter,
thence continue South 00 degrees 24 minutes 20 seconds West, along said east line, a distance of 612.51 fcet thence North 61 degrees 29 minutes 06 seconds West a distance of 203.60 feet to the centerline of Wright County
Highway No. 36; thence northeasterly along said centerline a distance of 553.98 fcet, along a curve not tangent to the last described line concave to the northwest. having a radius of 973.05 feet, a central angle of 32 degrees
37 minutes 12 seconds, and a chord that bears North 19 degrees 27 minutes 52 seconds East; thence North 89 degrees 53 minutes 31 seconds East not tangent to said curve, a distance of 1.12 feet to the point of beginning,
Wright County, Minnesota.
Tract 4:
MEADOWS OF RIVER POINTE, according to the recorded plat thereof, Wright County, Minnesota.
Has caused the same to be surveyed and platted as MEADOWS OF RIVER POINTE 2ND ADDITION and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created by
this plat
In witness wbereof said U.S. Home Corporation, a Delaware corporation, has caused these presents to be signed by its proper officer this day of 20
Signed: U.S. Home Corporation, a Delaware corporation
Jon Anne, Division Vice President
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me this
corporation.
Signature
Notary Public,
My Commission Expires
day of 20_, by Jon Anne, Division Vice -President of U.S. Home Corporation, a Delaware corporation, on behalf of the
Printed Name
County, Minnesota
I, David B. Pemberton, 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 plat 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 505.0 1, 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
Dated this day
David H. Pemberton, Licensed Land Surveyor
Minnesota License No. 40344
20 .
STATE OF MINNESOTA
COUNTYOF
The foregoing Surveyor's Certificate was acknowledged before me this
Signature
Notary Public,
My Commission Expires
Printed Name
County, Minnesota.
day of 20, by David B. Pemberton, Land Surveyor, Minnesota License No. 40344.
CITY COUNCIL,
CITY OF OTSEGO, MINNESOTA
This plat of MEADOWS OF RIVER POINTE 2ND ADDITION, was approved and accepted by the City Council of the City of Otsego, Minnesota at angular meeting thereof held this day of
20. and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd-2.
Mayor
City Clerk
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
Wright County Surveyor
WRIGHT COUNTY HIGHWAY ENGINEER
This plat was reviewed and recommended for approval this _ day of 20_
Wright County Engineer
20 .
WRIGHT COUNTY AUDITOR
Pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes on the land hereinbefore described on this plat and transfer entered this day of 20
Wright County Auditor
Deputy
WRIGHT COUNTY TREASURER
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 20 on the land hereinbefom described have been paid this day of 20
Wright County Treasurer
By:
Deputy
WRIGHT COUNTY RECORDER
I hereby certify that this instrument was Sled in the Office of the County Recorder for record on this day of 20_ at o'clock M., and was duly
recorded in Cabinet No. . Sleeve as Document No.
Wright County Recorder
VICINITY MAP
NO SCALE
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SECTION 1, TOWNSHIP 120, RANGE 23,
WRIGHT COUNTY, MINNESOTA
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SHEET 1 OF 4 SHEETS
MEADOWS OF RIVER POINTE 2ND ADDITION
DETAIL
NO SCALE
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CURVE AND LINE TABLE
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TAG #
LENGTH
DELTA
RADIUS
BEARING/ CHORD BEARING
CHORD DISTANCE
Cl
37.86
X9'25'49"
230.00
N57'34'12"E
37.81
C2
47.54
A--9'23'34"
290.00
S57-35'1 9"W
47.49
C3
27.91
x79'57'49"
20.00
N87'07'33"W
25.70
C4
30.93
A=88'36'40"
20.00
N30'23'04"E
27.94
C5
92.02
A=18'49'49"
280.00
N65'16'29"E
91.61
C6
96,98
A-2515'22"
220.00
N6829'16"E
96.19
C7
55.72
A-11'00'34"
290.00
S5'24'31"E
55.64
C8
28.70
A=82'13'12"
20.00
S41'00'49"E
26.30
C9
28.07
A=80'24'21"
20.00
S57'40'24•W
25.82
L1
11.12
N80'1 7'48"W
L2
70.00
N73'35'45"W
L3
50.90
N89'34'45"W
L4
45.93
S57'09'42"W
15
60.00
N34'08'25"W
L6
9.92
S81'06'5 "W
L7
50.15
S61'08'42"E
L8
54.70
S82'07'25"E
L9
54.85
N82'07'25"W
L10
30.00
S8954'1 4"E
DETAIL
NO SCALE
NORSE
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SCALE INFEET
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150 75 0 75 150 300
SCALE INFEET
❑
Denotes a pk mil set and disk marked License No. 40344
1 INCH = 80 FEET
Denotes a 12 inch by 14 inch iron pipe set in the ground
BEARING ORIENTATION: The north line
O
and marked by License No. 40344
ofthe Northeast Quarter of the Northeast
Quarter is assumed to bear
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Denotes a Found Iron Monument
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N. 1/4 CORNER OF SECA, T.120, R.23 -' I` OU I
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CORNER OF THE NE 1/4, OF THE NE 1/4, -- ---III
N. LINE OF THE NE 1/4 OF THE OF SEC.OI, T.120, R.23
/ N89°54'32"E S. 1/4 CORNER, SEC.36, T.121, R.23 / NE. 1/4, SEC.01, T.120, R.23 (WRIGHT COUNTY CAST-IRON MONUMENT) \
( 17 58.24 -(WRIGHT COUNTY CAST-IRON MONUMENT)
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a (See Sheet 2 of 4 Sheets)
N 0�
C4FRa P`ra?
SHEET 4
CURVE AND LINE TABLE
TAG #
LENGTH
DELTA
RADIUS BEARING/ CHORD BEARING CHORD DISTANCE
Cl
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410.00 S19'49'50"E 178.64
C2
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NOT TO SCALE
Being 5 feet in width and adjoining lot lines, unless otherwise �\ �JI�
indicated, and 10 feet in width and adjoining right of way lines, \\
unless otherwise indicated, as shown on the plat 50 25 0 2i i0 100
�O SCALEINFEET
00 0: 1 INCH= 50 FEET
O Denotes a 12 inchby 14 inch icon pipe actin the
ground andmadred by License No. 40344 BEARING ORIENTATION: The north line
�66Ps sr,R` of the Northeast Quarter of the Northeast
( ro mo • Denotes a Found Iron Momunent m
Quarter is assumed to bear
N SATHRE-BERGQUIST, INC. North 89 degrees 53 minutes 44 seconds East
a (See Sheet 2 of 4 Sheets)
N 0�
C4FRa P`ra?
SHEET 4
Review No. 1
AHalcanson
�Anclerson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Adam Flaherty, Interim City Administrator
Tami Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Joe Jablonski, Lennar
Charlie Wiemerslage, PE, Sathre-Berquist, Inc.
Reviewed by:
Ronald J. Wagner, P.E.
Brent M. Larson, P.E.
Date:
January 9, 2017
Proposed
Development:
Meadows of Riverpointe 2nd Addition
Street Location
A portion of Section NW 1/4 of the NE 1/4 of Section 1, T120, R23.
Of Property:
North of CSAH 36 (Rawlings Ave) and East of Randolph Avenue
Applicant:
Joe Jablonski
Developer:
Lennar
16305 36a1 Ave. N
Suite 600
Plymouth, MN 55446
Owners of Record: Lennar
Purpose: Meadows of Riverpointe is a proposed 67 lot single family
residential development within the approved preliminary plat of
the "Lahn Property" 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
FINAL PLAT
CONSTRUCTION PLANS
TITLE SHEET
STREET PLAN
SANITARY SEWER AND WATERMAIN PLAN
STORM SEWER PLANS
GRADING PLANS
EROSION CONTROL PLANS
CONSTRUCTION DETAILS
STORM SEWER DESIGN/HYDROLOGY
WETLANDS
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
PAGE 2
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INFORMATION AVAILABLE
Construction and Grading Plans for Meadows of Riverpointe 2nd Addition, dated 10/6/16, by
Sathre-Berquist, Inc.
Final Plat for Meadows of Riverpointe 2nd Addition, dated 11/16/16, by Sathre-Berquist, Inc.
Storm Sewer Design Calculations for Meadows of Riverpointe 2nd Addition, dated 11/28/16, by
Sathre-Berquist, Inc.
Stormwater Management Plan for Lahn Parcel Development, revised 6//2016, by AE2S
Specifications for Meadows of Riverpointe 2nd Addition, dated 10/6/16, by Sathre-Berquist, Inc.
Wetland Permit Application for Lahn Development, dated April 2016, by Terracon Consultants
Preliminary Plat of The Lahn Property, 3/9/16, by Sathre-Berquist, Inc.
The Lahn Property EAW
Wetland Delineation Report for Han Development Site, dated 10/24/14, by Terracon Consultants
Additional Information
Minnesota Rules, Chapter 4410 — EAW Requirement
City of Otsego Engineering Manual
City of Otsego Zoning and Subdivision Ordinances
National Wetland Inventory Map
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S:\M unicipalWotsego23xx\2328.02\ot2328.02RV W1.docx
FINAL PLAT
1. The final plat should be named "Meadows of Riverpointe".
2. Streets shall be named as follows:
a. Road 1 & Road 12 = Ranger Avenue NE
b. Road 13 = 59th Street NE
c. Road 9 & Road 2 = 57th Street NE (from Ranger Avenue NE to 59th Street NE)
d. Road 9 & Road 2 = Raspberry Avenue (from 59th Street NE to south end)
e. Road 3 = 56th Street NE
3. There appears to be overlapping easements along the north plat boundary. There is an
existing 30' here covering the forcemain along this property line.
4. A minimum 20' easement centered on the storm sewer pipe between Lots 4-6, Block 5
and between Lots 14 & 15, Block 2. It appears where the pipes bend there is insufficient
easement coverage.
The purposed of Outlot B is unclear.
A separate document (covenants and restrictions) covering all the Wetland buffers - "no
mow zones" shall be filed.
7. Many drainage easements are needed to cover cross -drainage in rear yards (i.e. Lot 11,
Block 1 and Lot 1-12, Block 2 and Lot 2, Block 6 and Lot 6 Block 5)
8. The County Surveyor will check that the plat meets all minimum state statute
requirements prior to the preparation of mylars.
CONSTRUCTION PLANS
Title Sheet (Sheet 1)
9. Depict the Shoreland District on the overall plan.
10. Many Outlot labels do not agree with those on the Final Plat.
11. A temporary cul-de-sac (per Standard Plate 108A) at the north end of Ranger Avenue
shall be required and shall be covered by a temporary easement outside of the right-of-
way.
12. A project boundary/limit line shall be provided.
Final Street Plan (Sheet 2-6)
13. All vertical and horizontal curves shall meet a 30 mph design speed requirements. A
number of vertical curves do not meet the minimum K values or lengths (min K = 19 for
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crest and 37 for sag curves). It is noted that nearly all of those curves not meeting this
requirement are near intersections.
14. The street section agrees with the geotechnical reports recommended section and the 1St
Addition's typical section.
15. The existing 30' easement covering the forcemain along the north plat line is shall be
shown on (All Sheets).
16. The sidewalk shall be constructed all the way to Randolph Avenue at Ranger Avenue and
a pedestrian ramp is required at this location to cross Randolph Ave.
17. The connection of the bituminous trail and the pedestrian ramp shall be eliminated to the
east of Raspberry Way.
18. Sheet 3, prior to the placement of the wear course an 18" wide strip shall be milled into
the existing wear course to stagger the joint above the non -wear course at the intersection
of Ranger Avenue and Randolph Avenue.
19. Some of the street name labels above the profiles are incorrect and shall be revised.
20. Some of the information at the intersections is difficult to read due to overlapping text.
21. It is unclear which portions of the bituminous trail and concrete sidewalks are part of the
2nd Addition construction.
Sanitary Sewer and Watermain (Sheets 7-11)
22. All watermain shall be DIP and the length of watermain pipe shall be indicated on each
sheet.
23. Show all storm sewer (not just crossings) in the profiles, preferably in a lighter
background color.
24. There appears to be a possible conflict between the water services and storm sewer for
Lots 8 & 9, Block 1, Lots 15 & 16, Block 5, and Lots 4-6, Block 4. Verified that a
minimum 24" vertical clearance is being provided between the storm sewer and the
services. Plans shall note which services shall be altered for separation or if less than 24"
separation (minimum of 12") 4" of insulation necessary at the crossing.
25. The stationing of the manholes in the profile are incorrect and shall be revised.
26. Bends are not allowed within the right-of-way on sanitary sewer services (i.e. Lot 6,
Block 4.
27. There appears to be less than 24" vertical clearance is being provided between the storm
sewer and the watermain at the intersection of 56f Street and Raspberry Avenue.
services. The watermain shall be lowered or 4" of insulation necessary at the crossing.
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Storm Sewer (Sheet 12-15)
28. Show all watermain and sanitary sewer (not just crossings) in the profiles, preferably in a
lighter background color. Many of the watermain crossings are missing.
29. Need 0.8 diameter points fall between inverts for the different pipe sizes for CBMH 13.
30. A minimum of 2' of cover over the storm sewer pipe between CMH 23 and CBMH 24 is
required.
31. A flared end sections are needed on the pond outlet pips for ponds 1NW and 3W.
32. The pond outlet pipe invert for Pond 1NW shall be lowered to 882.25 to provide 1' of
clearance from the NWL of the pond.
33. Show the approximate force main location (exact location can be field verified) in the
profile between STMH 44 and FES 43.
Grading Plans Sheet 16-18)
34. See final plat comment #7.
35. A project grading boundary/limit line shall be provided.
36. The front yard setback line is depicted along all lots as an orange dashed line. The rear
yard setback is shown as two grey dashed lines in the rear yards (except in Block I where
there is an orange line and 2 gray lines). Please clarify.
37. Show all easements and all lot and block numbers.
38. Call out the bike path typical section to be used. (minimum 3" Bituminous and 6" Class
5).
39. Garage floor shall be 18" above the adjacent top of curb. With a 30' garage setback and
driveway with less than 3.26% grade does not meet this requirement.
40. A typical lot detail/legend indicating what each of elevations on the lot and the
abbreviations mean would be helpful.
41. A profile for the proposed trail is needed. It appears that the trail may be below the 100
yr HWL of POND 3 W and only 0.6' above the 10 yr HWL elevation in some places.
42. Where the house type changes between Lookout and Walkout (between Lots 5 & 6,
Block 5 and between Lots 14 & 15, Block 4 and between Lots 15 and 16, Block 5) the
grading along the lot line shows the water sheeting across the lower lot away from the lot
line and outside the easement. This is not allowed. The development and grading plans
shall call out a retaining wall between these lots placed on the higher of the two lots if the
water cannot be contained within an easement.
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Erosion Control Plan (Sheet 19-21)
43. A construction entrance and concrete washout location shall be shown on the plans.
Construction Details (Sheet 22-25)
44. A construction entrance and concrete washout location shall be shown.
STORM SEWER DESIGN/HYDROLOGY
45. Storm sewer design and hydrology is still under review, any additional comments will
follow.
46. The outlet for Pond 1NW discharges onto/towards the property to the north (Joan Vasseur).
This appears to be the natural direction of flow for storm water runoff but the property
owner to the north shall be notified. The natural overflow of this area appears to be
approximately 888 which will inundate a fairly large area (3+ acres) including some of the
rear yards of Meadows of Riverpointe 2nd Addition before it overflows.
WETLANDS
47. Please provide the area of Wetland and upland buffer being created for both new wetlands.
48. Per the Notice of Decision regarding the created wetlands (Wetland F+C and Wetland
D+E):
Wetland F+C (>2 acres)
a. This wetland buffer shall extend to the edge of the Outlot C boundary, to cover the
entire Outlot C.
b. This wetland shall be Type 3 with a Type 2 fringe. Type 3 wetlands shall have a
maximum depth of 6". The plans show proposed bottom of wetland elevations
1.0'-1.5' below the outlet elevation making this a Type 4 wetland. Plans shall be
revised to have a maximum 6" depth.
Wetland D+E (<2 acres)
a. This wetland shall have an average 25' wide buffer. The plans show the buffer
extending across the bituminous trail which is incorrect. The buffer needs to be
altered to provide a minimum of 25,515 SF for buffer and not extend across the
trail.
b. This wetland shall be Type 3 with a Type 2 fringe. Type 3 wetlands shall have a
maximum depth of 6". The plans show proposed bottom of wetland elevations
1.0'-1.5' below the outlet elevation making this a Type 4 wetland. Plans shall be
revised to have a maximum 6" depth.
OTHER CONSIDERATIONS
49. A septate development plan and separate development tabulation shall be provided. The
Lot, Block, Garage Floor Elevation, Lowest Floor Elevation, and Lowest Opening
Elevation shall be provided.
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SAM unicipalWotsego23xx12328.021ot2328.02RV W1.d ocx
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comments being addressed.
PAGE 8
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0 r 1, f" . -)
90
W.t 4f_ '
FINDINGS OF FACT AND DECISION
19 January 2017
APPLICANT: Lennar Corporation
APPLICATION: Request for final plat approval of 67 single family lots to be known as the Meadows
of River Pointe 2nd Addition.
CITY COUNCIL MEETING: 23 January 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 attached as Exhibit A.
B. The property lies within the East Sewer Service District and is guided for low 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, 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
March 2016.
E. The applicant is proposing a final plat of 67 single family lots.
F. The Request for Council Action dated 23 January 2017 prepared by the City Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated January 9, 2017 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 the Meadows at River Pointe 2nd Addition shall comply with the following
minimum setbacks:
1
Front
Side
Rear
Wetland
CSAH 36/
Randolph
25ft.
7ft.
20ft.
40ft.
65ft.
30ft. garage
3. The final plat shall be revised to indicate street names subject to review and approval of City
staff.
4. The developer shall pay a collector street access fee upon approval of the final plat as set
forth in the development agreement.
5. The developer shall satisfy park and trail dedication requirements as a cash fee in lieu of
land as set forth in the development agreement.
6. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
7. 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.
8. Street lighting shall be installed within the final plat in accordance with Section 6-8-4 of the
City Code with payment of charges as established in accordance with the City Fee Schedule,
subject to review and approval of the City Engineer.
9. Construction plans for sanitary sewer, water main, storm sewer, and streets shall be subject
to review and approval by the City Engineer.
10. All easements are subject to review and approval of the City Engineer.
11. Outlots A and C as shown on the final plat shall be deeded to the City in accordance with
Section 21-7-15.D of the Subdivision Ordinance.
12. The developer shall execute a development agreement with the City subject to review by the
City Attorney and approval of the City Council.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 23t" day of January, 2017.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
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Attest:
Tami Loff, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-05
RESOLUTION APPROVING DEVELOPERS AGREEMENT- MEADOWS
OF RIVER POINTE 2" ADDITION
WHEREAS, U.S. Home Corporation D/B/A Lennar intends to construct sixty
seven (67) residential homes upon property platted as MEADOWS OF RIVER
POINTE 2ND ADDITION; and
WHEREAS, the approved work on the Plat requires construction of some 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 U.S.
Home Corporation D/B/A Lennar is hereby approved, subject to staff
approved additions and changes.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 23rd day of January, 2017 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member
and seconded by Council Member
IN FAVOR:
OPPOSED:
[a] I11'K1] W11716*3 01KC
Jessica Stockamp, Mayor
Tami Loff, City Clerk
2
DEVELOPMENT AGREEMENT
MEADOWS OF RIVER POINTE 2ND ADDITION
AGREEMENT entered into this day of February, 2017 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and U.S. Home Corporation D/B/A Lennar, a corporation under the laws of the
State of Delaware ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled MEADOWS OF RIVER POINTE 2' ADDITION.
The legal description of the property covered by this Agreement is as follows:
See Exhibit A.
The Plat contains sixty seven (67) 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 March 14, 2016. The Preliminary
Plat for development of the Lahn Property was approved by the City Council on March 14,
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
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 sixty seven (67) lots within the Plat does not occur until all required security has been
posted.
5. Changes in Official Controls. MEADOWS OF RIVER POINTE 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 MEADOWS OF RIVER POINTE 2� 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, MEADOWS OF RIVER POINTE 2ND ADDITION
prepared by Sathre- Bergquist, Inc.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Sathre-
Bergquist, Inc. and as finally approved by the City Engineer.
Plan C Sanitary Sewer, Water Main, Storm Sewer and Streets Plans for
MEADOWS OF RIVER POINTE 2' ADDITION, as prepared by
Sathre- Bergquist, Inc. and as finally approved by the City Engineer.
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Plan D Landscape Plan for MEADOWS OF RIVER POINTE 2ND
ADDITION, prepared by Sathre- Bergquist, Inc., 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.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
A. Wright County for County Road access and work in County right of
way.
3
B. MNDOT for State Highway Access
C. MNDOT for work in right of way
D. Minnesota Department of Health for watermains
E. MPCA NPDES Permit for construction activity
F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
I. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibility to satisfy themselves with regard to the elevation of
groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable County,
State, and Federal rules and regulations. DNR regulations regarding appropriations permits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by April 1, 2018, with the exception of the final wear course of asphalt on streets and
landscaping. The final wear course shall not be constructed until at least one construction
season after the base construction is completed and shall be delayed one more construction
season if at least 75% build out is not achieved. However, the final wear course shall not be
delayed for a period longer than two years after the base course is paved, regardless of build
out; in which case, the Developer shall provide an escrow for fog sealing the streets in the
event the final wear course is placed prior to 75% build out. 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
a]
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
5
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 $12,787.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat
due upon Final Plat approval is as follows; 67 lots at $2,382.00 per REC = $159,594.00.
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: 67 lots at $1,663.00 per REC = $111,421.00.
23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The applicable amount due per unit shall be the fee per REC
unit in place at the time of application for a building permit.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is 67
units at $3,486.00 per unit x 97.8% = $228,424.00.
25. Storm Water Management Fee. There is no storm water management fee
for this Plat.
26. Transportation Infrastructure Cost. The collector street access fee for this
Plat is as follows: 67 lots x 1,515.00 per lot = $101,505.00.
27. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $16,000.00 for installation of traffic control signs (stop
signs, street signs, dead-end signs). The said amount was calculated as follows: 64 signs at
$250.00 per sign. Using these funds, the City shall purchase and install the street and traffic
control signs.
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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: 6 lights x $500.00 per light for a total payment of $3,000.00. 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% o) of the estimated construction cost of the Plan C
Improvements to be inspected. In the event of prolonged construction or unusual problems,
the City will notify the Developer of anticipated cost overruns for engineering
administration and observation services. Any amounts for engineering administration not
utilized from this escrow fund shall be returned to the Developer when all improvements
have been completed, all financial obligations to the City satisfied, and the required "as
constructed" plans have been received 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 $1,278,735.00
$102,299.00
Legal Services Escrow
1% of $1,278,735.00
$12,787.00
City Administration Fee
1% of $1,278,735.00
$12,787.00
Street Signs
64 at $250.00 per sign
$16,000.00
Street Lights
6 at $500.00 per light
$3,000.00
Sewer Availability Charge
67 lots at $2,382.00 per REC
$159,594.00
Water Availability Charge
67 lots at $1,663.00 per REC
$111,421.00
Storm Sewer (lateral)
$192,830.00
Streets
Transportation Charge
67 units at $1,515 per unit
$101,505.00
Park and Trail Dedication Fee
67 lots x $3,486/lot x 97.8%
$228,424.00
GIS Data Entry Fee
31.2 acres x $100 per acre
$3,120.00
Wetland Delineation Review
1 Review at $2,000.00 per
review
$2,000.00
TOTAL
$752,937.00
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 $1,997,706.25 said amount calculated as follows:
Site grading, erosion control and wetland protection
$93,600.00
Sanitary sewer (lateral & trunk)
$275,500.00
Watermain (lateral & trunk)
$234,900.00
Storm Sewer (lateral)
$192,830.00
Streets
$575,505.00
Landscaping
$134,000.00
Engineering services
$91,830.00
SUBTOTAL
$1,598,165.0
0
25% additional security
$399,541.25
TOTAL
$1,997,706.2
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, 2018 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 $227,785.00, which is the amount of warranty
security. A warranty security in the amount of $227,785.00 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 $1,997,706.25.
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 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
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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 he
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 buffer
yard landscaping along City collector and arterial 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 $227,785.00. The
amount, has been determined by the City Engineer, and is based upon the costs of the raw
materials and labor which would be necessary to correct the most common deficiencies in
such public improvements.
35. Claims. The Developer shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work required by this Agreement, which is provided to real property owned by
the City, and the sums due them have not been paid, and the laborers, materialmen or others
10
are seeking payment from the City, the Developer hereby authorizes the City to commence
an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the
District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-
five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any
further proceedings as it pertains to the letters of credit deposited with the District Court,
except that the Court shall retain jurisdiction to determine attorney fees pursuant to this
Agreement. In the event that the Developer desires to 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 and C shall be deeded to the City for
Wetland/ Storm Water Basin purposes. Outlot B, an entry monument, shall be deeded to the
established Homeowner's Association.
37. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the
Plat.
B. The Developer shall hold the City and its officers and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development, except for
negligence of City, the Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the
City may pay or incur in consequence of such claims, including
attorney's fees.
C. The prevailing party shall reimburse the non -prevailing party for costs
incurred in the enforcement of this Agreement, including engineering
fees, attorney's fees, and costs and disbursements.
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
11
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% o) per year.
38. Developer's Default. In the event of default by the Developer as to any of
the work to be performed by it hereunder, the City may, at its option, perform the work and
the City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work in default, not less than
seven (7) days in advance and a reasonable period of time to cure said default. This notice
provision does not apply if the work performed by the City or its contractors is of an
emergency nature, as determined at the reasonable discretion of the city. Should such
emergency work be required the City will make all reasonable efforts to notify the
Developer as soon as possible. When the City does any such work, the City may, in
addition to its other remedies, assess the cost in whole or in part pursuant to any applicable
statutes or ordinances.
39. Miscellaneous.
A. The Developer represents to the City that to best of its knowledge, the
Plat complies with all City, County, State, and Federal laws and
regulations, including but not limited to, Subdivision Ordinances,
Zoning Ordinances, and environmental regulations except where
specifically excluded by this agreement. If the City determines that
the Phase does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does
comply. Upon the City's demand, the Developer shall cease work
until there is compliance.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
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employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a
bituminous surface, unless a specific exception is approved by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all properties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
Developer's work or the work of their subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing further building permits.
I. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy,
express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part of this Agreement.
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
13
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: ,Lennar,
16305 366 Avenue N., Suite 600, Plymouth, MN 55446. 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
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPER
U.S. HOME CORPORATION D/B/A LENNAR
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me this day of
2017, 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
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2017 by the of U.S. Home Corporation D/B/ALennar, with authority and on behalf of the corporation.
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
16
Notary Public
RESOLUTION NO.: 2017 - 06
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING VACATION OF EXISTING DRAINAGE AND UTILITY
EASEMENTS.
WHEREAS, a temporary drainage and utility easement was established for a
public sanitary sewer improvement project described by Exhibit A; and,
WHEREAS, the establishment temporary drainage and utility easement did not
include a termination date or event for said easement; and,
WHEREAS, U.S. Home Corporation has received approval to plat the Meadows
of River Pointe 2nd Addition; and,
WHEREAS, the final plat of Meadows of Riverpointe 2nd Addition is partially
encumbered by the temporary drainage and utility easement described by Exhibit A;;
and,
WHEREAS, U.S. Home Corporation has applied for vacation of the temporary
drainage and utility easement dedicated; and,
WHEREAS, the City Council held a public hearing at their regular meeting on 23
January 2017 to consider the vacation, preceded by required published and mailed
legal notice; and,
WHEREAS, the City Council heard all parties interested therein and closed the
public hearing; and,
WHEREAS, the temporary drainage and utility easements described by Exhibit A
serve no useful public purpose; and,
WHEREAS, the City Council having considered all information received related
to the proposed vacation and easement dedication finds that vacating a portion of the
existing right-of-way as shown on Exhibit A would be in the public interest; and,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego
that Otsego hereby orders:
That the drainage and utility easement located in the City of Otsego, Wright
County, State of Minnesota described by Exhibit A is hereby vacated.
2. The City Council hereby determines that the vacation of said drainage and utility
easement shall cause no damage to any abutting or nearby property owners and
therefore no damages are awarded to any such property owners.
iv, [QIIIs] kiIWs
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 23rd day of
January, 2017.
ATTEST:
Tami Loff, City Clerk
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Jessica L. Stockamp, Mayor
2