ITEM 5.1 Prospect PointeRequest for
OtOF
S2g0 City Council Action
MINNESOTA
DEPARTMENT INFORMATION
ORGINATING DEPARTMENT- REQUEST R: MEETING DATE*
Planning City Planner Licht 28 May 2013
PRESENTER(}:
Cit v Planner Licht
AGENDA ITEM DETAILS
REVIEWED BY: ITEM #:
Cit v Administrator Johnson 5.1 Prosr)ectPointe Final Plat
RECOMMENDATION:
City staff recommends approval of the Final Plat and Development Agreement for the ProspectPointe
Addition.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
N o, No.
BACKGROUND/JUSTIFICATION:
Mr. Thomas Koerwitz (dbaProspectPointe LCC} has submitted application for final plat approval of
ProspectPointe Addition consisting of 16 single family lots and two outlots. The subject site is a final plat
of Outlot A., RiverPointe 4th Addition, which was preliminary platted on 14 August 2000 as part of the
Riverpointe development. Final plat applications are processed without review and recommendation
by the Planning Commission unless determined to be necessary by the City Council in accordance with
Section 21-3-3.D.2 of the Subdivision Ordinance. We offer the following additional comments:
Preliminary Plat Consistency. The layout of the proposed final plat is consistent with the
approved preliminary plat, including the number of lots and general lot boundaries.
Zoning. The subject site is zoned R-4,, Residential Single Family District. Single family lots are a
permitted use of the subject site.
■ Lot Requirements. The R-4 District requires a minimum lot area of 12,000 square feet and
minimum width of 75 feet for preliminary plats approved before 13 March 2006. All of the
proposed lots conform to the R-4 District lot requirements.
■ Setbacks. Setbacks applicable to the final plat are shown below. Section 20-5-6.8.4 of the
Zoning Ordinance allows for application for an administrative permit with the building permit to
reduce the interior side yard setback to seven feet and the side yard setback abutting the street
to 30 feet for the two lots at the corner of Radford Avenue and 58th Court. Also,, the preliminary
plat approval for Riverpointe predates the City's requirement for a 20 foot buffer and 40 foot
building setback from the delineated boundary of all wetlands.
Yard Front Side Roar
Corner Interior
Min. Setback 35ft. 35ft, loft. 20ft.
Outlots. There are no outlets included with the final plat.
�
It Streets. The developer will construct 5OthCOU rtwithin the final plat. The preliminary plat for
Riverpointe was approved prior to adoption of the City's current residential street standards
that include esidewalk. Assuch, 6O"'Street will beconstructed aaa33foot wide street within
the GOfoot Mght~of+waywith nosidewalk. Thacu1-de-s�aoatthetenn[nuaof5� Court has a5O
foot pavement radius and 60 foot right-of-way radius as required by Section 21-7-7.A of the
Subdivision Ordinance and the Engineering Manual. All streets are subject toreview and
approval bythe City Engineer.
Easements. Section 21-7-15.A of the Subdivision Ordinance requires drainage and utility
easements be established at the perimeter of each lot, which is shown on the final plat. The
final plat also illustrates drainage and utility easement overlying the stormwatordra|na@e
basin/wetland within Lots O'11,Block l. The preliminary plat approval for Riverpointepredates
the City's requirement that stormwater basins and wetlands be located within outlots deeded to
the City so the proposed easement is appropriate and consistent with Section 21-7-15.13 of the
Subdivision Ordinance. All easements are subject toreview and approval ofthe City Engineer.
Grading and Drainage. The developer has submitted grading and drainage plans with the final
plat application that are based onthe original grading plan for Riverpointe. The final plat and
Riverpolntedevelopment are not subject to regional stormwaterdistrict requirements and no
stomneaherfee is required. All grading, drainage and erosion control plans are subject to review
and approval by the City Engineer.
Utilities. The subject site is within the East Sewer District established by the Comprehensive
Plan and sanitary sewer and water utilities are currently available at Radford Avenue. Approval
of the final plat requires payment ofutility availability charges set forth by Sections 6-2-5and 6-
1-6 of the C|b/ Code, which the developer is requesting be assessed as detailed below. Utility
connection charges are required by this Section to be paid at the time of application for a
~
Street Lighting. Section 6-8-4.13 of the City Code requires installation of Type 3 standard street
lighting within the final plat. Type 3light Dx1uresarerequiredtobe|nstaUedattheterminus
end of the cul-de-sac and at the southwest corner of the Radford Avenue and 58th Court
intersection. The developer is further required to pay the City two -years operating expenses
for the street light or $2,000-00 per unit as established on the 2013 Fee Schedule.
Park and Trail Dedication Requirements. The final plat issubject tOpark and trail dedication
requirements for creation of18new lots. Noland isproposed tobeacquired from the subject
site b»the Future Parks and Trails P|an. Assuch, satisfaction ofpark and trail dedication
requirements will beaaacash fee |nlieu ofland equal to$2,635.0]per lot or$4Z,l6O.00.
Development Agreement. The City Attorney has drafted aDevelopment Agreement, which the
applicant will sign submit to the City with all required fees and securities required by said
Agreement. The applicant will provide a cash escrow as security for completion of public
improvements as required by the development contract, which will be reduced upon
completion ofthe improvements and acceptance bythe City Engineer. Aportion ofthe security
will also be retained until completion ofthe warranty period.
°
Assessment Petition. The developer has submitted a request to have certain fees due with the
final plat be assessed and paid when the individual lots are closed upon by the buyers. The fees
include utility availability charges, park dedication., street light utUltyfees and sign fees. Utility
connection charges will bepaid at the dmethe building permit bissued |naccordance with the
City Code and not assessed.
The City Council has not previously assessed development related charges for residential
development. But in light of recent economic conditions staff and council have discussed being
open to such requests, particularly for projects under 20 lots as a means of encouraging
development activity. This final plat is an infill development being undertaken by a, private
individual who is personally financing the in -ground improvements making the project especially
cost sensitive and the flexibility of assessing the requested charges will facilitate moving forward
without risk to the City. The property owner has an agreement with a local builder as to a
takedown schedule for the 16 lots as they are built and sold. City staff recommends an
assessment period of five years with the first payment due in 2014 or upon closing on the
property transfer. The developer is requesting an assessment period of seven years. City staff
recommends an interest rate of 5.6%, which is 1.5% above the interest rate for the Bonds issued
by the City for the sewer and water utilities consistent with Section 6-4-5.D of the City Code
regarding special assessments.
SUPPORTING DOCUMENTS: X ATTACHED DNONE
A. Engineering Review dated May 22, 2013
B. Development Agreement
C. Findings of Fact and Decision
D. Resolution 2013-30
E. Final Plat
F. Construction Plans
MOTION: (Please word motion as you would like it to appear in the n1inutes.)
Motion to approve the final plat for the ProspectPointe Addition as outlined in the Findings of Fact and
Decision, as presented and Resolution 2013-30 approving a Development Agreement.
BUDGET INFORMATION
FUNDING: I BUDGETED: o YES
NA I n NO
ACTION TAKEN
o APPROVED AS REQUESTED u -i DENIED o TABLED n OTHER (List changes)
COMMENTS-
Review No. 1
Hakanson
Anderson
ENGINEERING REVIEW
Residential Subdivision
for the City of Otsego
by
Hakanson Anderson
Submitted to: Honorable Mayor and City Council
cc: Lori Johnson, Administrator
Ta m i Loff, City Clerk
Dan Licht., City Planner
Andy MacArthur, City Attorney
Ronald Wagner, City Engineer
Thomas Koerwit , Pros ectPointe, LLC
Marty Campion, P.E., Campion Engineering Services, Inc.
Reviewed by: Brent Larson, P.E., Assistant City Engineer
Date: May 22, 2013
Proposed
Development: ProspectPointe Addition
Street Location
of Property: A portion of the NW Y4 of the NW Y4 f Section 1, TI 20, R23.
Outlot A of RiverPointe 4 th Addition located west of Radford
Avenue NE, and north of 56 th Street NE
Applicant: Thomas Koerwit
Developer: Pros ectPointe, LLC
Owners of Record:
Purpose: ProspectPointe Addition is a proposed 1single-family
residential lot development on .8+ acres in the City of Otsego,
Wright County, Minnesota. originally preliminary plated with
RiverPointe Addition and final platted as outlot A of RiverPoint
th Addition the proposed development will be served with
municipal water, sanitary sewer, storm sewer and public streets
typical of an urban setting,
Jurisdictional City of Otsego, Wright County, Minnesota Department of
Agencies: Health, Minnesota Department of Natural Resources, Minnesota
(bust not limited to) Pollution Control .Agency
Permits Required: NP[ ES, Minnesota Department of Health (water), and
(beat not limited to) Minnesota Pollution Control Agency (sanitary sewer)
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TABLE OF CONTENTS.
INFORMATION AVAILIBLE
FINAL PLAT
DEVELOPMENT PLAID
CONSTRUCTION PLANS
16101TAcI: :I0:01
OVERALL UTILITY PLAN
SANITARY SEVER AND WATERIIAIN PLAN
STORM SEWER AND STREET PLANS
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
DETAILS
GRADING PLAN
HYDROLOGY
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
RiverPointe 4 to Addition Final Plat executed 7/30/2010) by Sathre-Bergdui st, Inc.
RiverPoince 4th Addition Final Grading and Drainage Plan dated 7/24/03, by Sathre-
Bergquist, Inc.
RiverPointe Preliminary Plan Submittal dated 7/11/00 revision, by Sathre-Bergdui st, Inc.
RiverPointe Construction and Grading Plans dated 1/24/01, by Sathre-Bergquist, Inc.
RiverPointe Geotechnical Evaluation by Braun Intertec, dated 1/20/00
RiverPointe Alta/ACSIVI Land Title Survey, Sheets I & 2 of 2
ProspectPointe Addition, Final Plat, 5/6/2013, by Pellinen Land Surveying, Inc.
ProspectPointe Addition, Development Plan, dated 5/2/2013, by Campion Engineering
Services, Inc.
ProspectPointe Addition, Construction Plans, dated 5/612013, by Campion Engineering
Services, Inc.
City of Otsego Engineering Manual, 2013 revision
City of Otsego Zoning and Subdivision Ordinances
National Wetlands Inventory Map 1991
100 -Year Storm eater Quality And Quantity Management Plan by Sathre-Bergquist, Inc.,
d aced 1016/0 0
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REVIEW AND COMMENTS
FINAL PLAT
1) The existing sanitary sewer along the west edge of Lot 8 requires a minimum 20'
easement centered over the pipe. Additional easement is needed towards the
southern portion of the lot along the east side of the pipe.
DEVELOPMENT PLAN
1), The development plan shall show:
a. All setback lines and easements
b. All house pads
c. Drainage arrows
d. Finished centerline grades and elevations
e. Elevations of all the lot corners
f. Normal and High Water Elevations for all wetlands and ponds.
g. Emergency Overflow (EOF's) locations and elevations. There should be a
EOF at a maximum elevation = 901.0 at the NW corner of Lot 13.
2) A few driveways appear to be near the maximum 10% driveway grade. Verify
driveway grades do not exceed 10%.
3) Provide a separate (Word or Excel) document of the tabulation found on the
Development Plan for the City's use.
CONSTRUCTION PLANS
Cover Sheet (Sheet 1)
1) Include a signature line for Ronald J. Wagner, P.E. City Engineer. Please submit a
separate cover sheet for signature by the City Engineer, which we will then return to
you for you use
2) The benchmark shall use the 1929 Datum (all sheets). Verify the benchmark on
sheets 3 and 4 are using the correct datum.
Overall Utility Plan (Sheet
1) Label the Normal Water Level and loo -yr High Water Level elevations for all
wetlands and ponds on all sheets.
2) Label the size of pipe for the existing storm sewer along the north property line.
Sanitary Sewer and Watermain Plan (Sheet 3)
1) Need a minimum 18 it vertical separation between the sanitary sewer services and the
watermain. The riser lengths called out for the services on the north side of 581h
Court appear to result in the services encroaching into this separation.
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2) The 8" DIP watermain shall be Class 52 pipe.
3) Provide 0.1' of fall across all sanitary sewer manholes. Label East and West inverts
in the profile.
Street and Storm Sewer (Sheet 4)
1) Provide horizontal curve information for 58th Court.
2) Label the centerline grades in the plan view.
3) Please include the proposed garage floor elevations for each lot to help verify they
are a minimum 18" above the adjacent curb and the driveways have a maximum 10%
grade.
4) Please verify that the 15" RCP storm sewer is in place along the lot line between Lot
10 and Lot 11. We do not have any records of this pipe being installed.
5) Minimum storm sewer pipe size is 15". Revise the 12" pipe called out between CB I
and CBiii H 1.
6) Label CB I and CBMH I in the plan view.
7) We recommend lightening the line weight of the water and sanitary sewer in the
profile to allow for easier reading of the overlapping text.
Storm Water Pollution Prevention Plan (Sheet 5)
1) See Grading Plan Comments.
Details (Sheets 6-8)
1) The typical section for 58th Court shall be 33' wide with no sidewalk to match the
existing streets in the surrounding developments. Standard Plate No. 101 - Local
Residential (Pre -2003) Urban Street Section — 9 Ton shall be used.
2) The Otsego Engineering Manual was updated and put into effect in March 2013.
Many of the standard details have changed. With the exception to the above
mentioned detail please update the standard plates in the details with the revised
plates. A hard copy has been sent to the Developer's engineer as well as electronic
.pdf versions of all the plates.
3) Add Otsego Standard Plates #207, 307, and 308 and eliminate #310 no longer
allowed) from the details.
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4) Please note that all sanitary and storm sewer structures require a (1) single
adjustment ring, maximum 8" thick. Use of the LifeSpan System by Hamilton Kent,
eliminates the need for the concrete ring and also the need for a chimney seal.
5) A detail of the sanitary sewer inside drop manhole is required.
GRADING PLAN
1) An overall grading and drainage plan was submitted with RiverPointe Addition. This
pIan was revised slightly with RiverPointe 3rd and again with RiverPointe 4th
Additions. A final grading plan shall be submitted for the ProspectPointe Addition to
clear up any discrepancies or confusion.
HYDROLOGY
1) The area of ProspectPointe Addition is included in the accepted hydrology models for
Riverpointe I t — Td Additions.
2) Storm sewer and inlet spread calculations shall be submitted for review.
SUMMARY AND/OR RECOMMENDATION
Revise and resubmit for review. Please submit a separate cover sheet for signature by the
City Engineer, which we will then return to you for you use.
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DEVELOPMENTAGREEMENT
PROSPECTPOINTE ADDITION
AGREEMENT entered into this day of June, 2013 between the City of Otsego
("City"), a municipal corporation organized under the laws of the State of Minnesota, and
Prospect Pointe, LLC, a Minnesota Limited Liability Company ("Developer").
I . Request for Plat ppi-oval. The Developer has requested that the City
approve a plat entitled PROSPECTPOIIT E ADDITION (referred to in this Agreement as
"the Plat") and legally described as follows:
Outlot A, FJVERPOfNTE 4'11 ADDITION, according to the Plat on file and of record at the
Office of the County Recorder, Wright County, Minnesota.
The plat contains sixteen (16) single family residential lots. The plat is located within the
City's East Sewer District, is zoned R-4, Residential Single Family District as approved by
Ordinance adopted by the City Council on October 11, 1999. 'Mie Final Plat for
RIVERPOINT E 01 ADDITION was approved by the City Council on July 13, 2009.
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 Plat with the Wright County Recorder or Registrar of titles within one
hundred (100) days after the Ciry Council approves the final plat. The Developer shall
cooperate with the City in recording the Plat and all required additional deeds and
documents and providing assurance that the Plat and all required documents have been
properly and timely recorded. Any restrictive covenants for the Plat shall be submitted to
the City Attorney for approval and shall be recorded prior to sale of any lots within the Plat.
3. Right to Proceed. Within the Plat or land to be platted, 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 ftilly
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) the
Plat and this Agreement have 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
e I
construction is specifically approved by the City, and Developer has fully complied with all
11
conditions set forth by City staff.
44 Sanitary Sewei-6 SeriisAllocation. The allocation of sanitary sewer set -vice
to the 16 lots within the Plat does not occur until all required security has been posted.
5. Changes in Official Conti-tols. PROSPECTPOINTE ADDITION is a
planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3e, 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 ftitUre
phases of PROSPECTPOINTE ADDITION for a period of five (5) years. Thereafter,
notwithstanding anything in this Agreement to the contrar-y, to the ftill. extent permitted by
State law, the City may require compliance with any amendments to the City's
Comprehensive Plan, other Official Controls enacted of 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, PROSPECTPOINTE ADDITION, dated
2013 prepared by Pellinen Land Sup-veying.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Campion
Engineering Services, Inc. and as finally approved by the City
Engineer.
Plan C Construction Plans for PROSPECTPOfNTE ADDITION, prepared by
Campion Engineering Services, Inc. and as finally approved by the
City Engineer.
Plan D Specifications for PROSPECTPOINTE ADDITION, prepared by
Campion Engineering Set -vices, Inc. and as finally approved by the
City Engineer.
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
1. Construction surveying and staking
J. Traffic control signs
Improvements shall be installed in accordance with City standards, the City Code, and the
above -referenced plans that have been furnished to the City and approved by the City
Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow ceaffication of the construction work. The City
inay, when reasonably required to do so, and at the Developer's expense, have one (1) or
more City inspectors and a qualified engineer inspect the work. Within thiity (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 subunit a written notice to the City
certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontiqactors. City Council members, City employees, and
City Planning Conunission members, and corporations, partnerships and other entities in
which such individuals have greater than a 25% (twenty five percent) 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 inay 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. MNIDOT for work in right of way
D. Minnesota Department of Health fior watermains
E. MPCA IPDES Permit for construction activity
F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
1. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering, Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibility to satisfy themselves with regard to the elevation of
groundwater in the area and the level of effort needed to perform dewatering and store -1
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. The of Pefformance. The Developer shall install all listed improvements
by October 15, 2013. The Developer may request an extension of tiine 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 traine 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 Enhy. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of enti-y to eliter the Plat to perforin
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 reale ally necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer fifteen (15) business days notice stating the deficiencies and
necessary corrections prior to iiieaking 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 comnienced or ftirther 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 fell implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, lie shall state in writing what construction can take place and what Particular
building petinits 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 coinpletion 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, take action as it deems appropriate.
14. Grading Plait. 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 ally retained security is
frilly released, the Developer shall provide the City with an "as built" grading plan including
ceftification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have beenCODstructed 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 frons
construction work by the Developer, its agents or assigns.
16. Ownei4ship of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
ease inents and public right-of-way shall beconie City property without further notice or
action.
17. Sti-eets, 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. Airy plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question. Upon final completion of streets and acceptance by the City as a City street rather
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
conunence 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 resolutioll.
18. Sewage Treatment. No occupancy per for any buildina
within the flat
4=
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 shall be
paid prior to the City executing the plat and this Agreen-tent. Said fee shall be one percent
(1%) of the estimated constrLICtion costs of the improvenients within the plat, or
alternatively a minimuin fee. The administrative fee for this Plat is the ininimuni fee of
$1,500.00 and is contained within the escrow and fees established in Paragraph 27 of this
Agreement. This fee is immediately available to the City upon establislu-nent of the escrow.
20. Seiver Availability Charge. Current fees for the provision of sanitary sewer
(SAC) are as follows: 16 REC units at $2,135.00 per unit or $34,160.00. Sanitary sewer
fees shall be paid at the time that the final plat is approved. This amount shall be assessed
per lot in accordance with No. 27 of this Agreement.
21. Sewer Connection Charge. Current fees for connection to Sanitary Sewer
services are as follows: 16 REC units at $6,405.00 per unit or $ 102,480.00. Sewer
connection charges are to be paid at the fline of issuance of a building permit.
22. Water Availability Charge. Current fees for the provision of water service
WAS are as follows: 16 units at $1,550.00 per unit or $24,800.00. WAC fees shall be paid
at the time that the final plat is approved. This amount shall be assessed per lot in
accordance with No. 27 of this Agreement. In the event that building permits are issued are
issued after the City has increased the WAC fee, the applicable amount due per unit shall be
the fee per REC unit in place at the time of application for a building permit.
23. Water Connection Charge, Current fees for connection to Water Services are
as follows: 16 units at $1,550.00 per unit or $24,800.00, Water hookup fees are to be paid at
the time of issuance of a building permit.
24. Par tc and Trail Dedication. Developer has requested that Park and Trail
Bees be assessed against individual lots. The Park and Trail fee is $2,635.00 per lot or
$42,160.00. The assessment is set forth in No. 27 of this Agreement.
25. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $735.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: three (3) signs at $
245.00 per sign. Using these funds, the City shall purchase and Histall the street and traffic
control signs. Developer has requested that this cost be assessed against individual lots as
set forth in No. 27 of t1ils Agreement.
26. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of hvo (2) years. In order to facilitate payment
of -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
and is calculated as follows two (2) lights x $2,000.00 per light for a total payment of $
4,000.00. The operation and maintenance of the street lights by the Cit), shall not commence
Until such time as the Plat is accepted by the City and is formally recorded. Street lighting
shall conform to adopted City Code. Developer has requested that this cost be assessed
against individual lots as set forth in No. 27 of this Agreement.
27. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration. City 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 estimated to be 3% (three percent) of the
estimated construction cost of the 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 Ml time
observation, as determined by the City Engineer, of proposed street, sanitary selver, water
and storm drainage construction and will be billed on hourly rates actually required for said
inspection estimated to be 5% (five pereent.) of the estimated construction cost of the
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.
The escrow and fee account shall also include estimated fees for Legal expenses actually
incurred, 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:
ESCROW AND FEES
City Construction Administration and Utility
and Street Inspection Fees
(estimated 8% of $ 198,663.00) 1503.00
Legal Fees (estimated, actual billings to be paid) $ 1, oo.o
City Administrative (flat fee) $ 1, oo.00
Sewer Availability Charge and Water Availability Charge
To be assessed or paid at time of property transfer
Sewer Comiection Charge and Water Connection Charge
To be paid at time that a building perinit is issued.
Storni Water Management Cost NA
Transpoilation Infrastructure Cost NA
Park & Trail Dedication Fee To be assessed or paid
at the time of property transfer
Street light maintenance and operation To be assessed or paid
at the time of property transfer
Street & traffic control signs To be assessed or paid at the time
Of property transfer
TOTAL 181893.00
TMs escrow amount shall be submitted to the City prior to the City executing the Plat
and this Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary iters shall be paid to the City prior to execution of the
Plat and this Agreement. Any amounts for legal and engineering not utilized from this
escrow find 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 himiiediately
for City use when posted.
Developer on behalf of itself and its successors in title or assigns hereby petitions
and requests that the required escrow fees set forth below for Sewer Availability Charges,
Water Availability Charges, Park and Trail Dedication, Street Light Operation and Street
Signs be assessed against all lots within the Plat of PROSPECTPOINTE ADDITION on a
per lot basis over a period of five (5) years at an interest rate of 5.6% per alulum. Developer
on behalf of itself and it successors in title or assigns hereby waives any and all required
hearings, any irregularities in procedure, and hereby waives any right of contest or appeal of
the special assessments requested and petitioned for specifically including ally right of
appeal tinder Minnesota Statute 429.081 any other statute, case law or Constitution.
Amount. to be assessed per lot:
Sanitary Sewer Access Fee $ 2J35.00
Water Access Fee $ 1,550.00
Park, and Trail Dedication $25635.00
Street Light Maintenance $ 250.00
Street Signs $ 46.00
Total per Lot $ 6,616.00
Total Assessment (x 16) $ 105,856.00
The assessment on each lot Gilus interest) shall be paid in ftill at the time that the
property is transferred to another owner. Interest will begin to accrue at Such thele as the
assessments are adopted by the City Council, prior to November 15, 2013. Assessments can
be paid in fall without interest within thirty (30) days from the date of assessment adoption,
but after that date interest for at least one year must be paid, Developer shall. immediately
notify the City of any pending transfer of the lots within the Plat. Developer shall notify
prospective purchasers of the terms and conditions of this Agreement as well as the
assessments on each lot herein established. All assessments against the lots must be paid
off, with interest by December 31, 2018.
28. Security. To ensure compliance with the terms of this Agreement, and
construction of all public improvements, the Developer shall ffirnish the City with a cash
escrow or other "security" in the amount of $260,745.00 said amount calculated as follows:
Sanitary Sewer- Lateral
Wateri-nain- Lateral
Storm Sewer
Streets
Engineering and Surveying Consti-Liction Services
$ 38,695.00
$ 42,530.00
$ 5,960.00
$ 111478.00
$ 95933.00
TOTAL
$ 208�596.00
TOTAL SECURITY RE QUIRED ($ 208,596,00 x 125%) S 260,745,00
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 dravNt on the security at a ban1r, or branch batik located within fifty (50) miles of the
City Hall. The security shall be for a terin ending June 1, 2014 and shall contain an
automatic renewal provision. The City may draw down the security for any violation of the
tenus 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 of 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 saine amount upon notification of the expiration. If the
required improvements are not completed at least thirt), (30) drays prior to the expiration of
the security, the City may also draw down the sectirity. If the security is drawn down the
proceeds shall be used to cure any default.
Upon receipt of proof satisfactmy 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 $29,800.00 the amount of warranty security. A warranty
security in the amount of $29,800.00 shall be posted with the City as set forth in paragraph
32 of this Agreement.
NotAvithstanding the posting of that warranty security, the security shall not be
reduced below 10% (ten percent) 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 Plat and
this Agreement. All administrative and legal fees related to plan review, drafting of this
Agteeinent and any other necessary items shall be paid to the City prior to execution of the
plat and this Agreement.
The security for this Agreement shall be cash in the amount of $260,745.00 The cash
shall be deposited with the City and released to make payments to contractors, consultants
and City consultants as they are billed. The City will not release the security or any portion
10
of the security until a copy of any billing due and owing has been submitted to and
approved by the City and the City Engineer, subject to retention of retainage as set forth
above and the appropriate amount for warranty of public improvements.
29. Landscaping. The Developer shall install "vo (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 a successor
fails to install landscaping according to this Agreement. Landscaping security to insure
compliance with the approved Landscape Plan shall be $1,000 per lot to posted with the
City at the time of application for a building permit on each lot. Any trees which can cause a
public nuisance or public hazard, such as bug infestation or weak bark, are specifically
prohibited.
The Developer, Builders or Property Owners (applicant for building permit) in the
residential lot area shall sod all front yards within the buildable portion of each lot and shall
post any security required by the City to assure landscaping or other items in compliance
with the City Code, The Developer, Builder or Propelty 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 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 thein to reirain 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.
30. Signifleant Trees. There are no significant trees within the Plat. The
Developer is not required to replace any significant trees.
31. Meters. Meters shall be provided as per City policy.
32. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty worlunanship for a period of one (1) year of its
completion and acceptance by the City except that the warranty period for streets shall be
hvo (2) years. The amount of posted warranty security for public improvements to be posted
by the Developer shall be in the amount of $ 29,800.00, The amount, has been determined
by the City Engineer, and is based upon the costs of the raw materials and labor which
11
would be necessary to correct the most common deficiencies in such public. improvements.
The Cit), Engineer shall allocate the warranty amounts to streets and other public
improvements and approve release of warranty ffinds after the respective warranty periods
termin,rate.
33. 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, niaterialluen, or others
that perform work required by this Agreement, and the sums due them have not been paid,
and the laborers, materialsenor 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 11pon the letters of
credit in an amount up to one hundred 125% (twenty-five percent) of the claim (s) and
deposit the Rinds in compliance with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any ffirther proceedings as it pertains to the
letters of credit deposited with the District Court, except that the Court shall retain
jurisdiction to deter nine 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 125% (twenty-five percent) of the
clalm to the City within ten (10) days of such notice in the form of cash or certified check.
34. Resti'lictions. 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
patties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns: None.
35. Responsibility for, Costs.
A. Except as other iso 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 lin-lited to, legal, planning, engineering, and
inspection expenses incurred in comiection 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. The
Developer shall indenuffy the City and its officers and employees for
12
all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City 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 ftill all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after
receipt, If the bills are not paid on time, the City inay halt all plat
development work and construction, including but not limited to the
issuance of building permits for lots which the Developers may or inay
not have sold, until all bills are paid in ffill. Claims not paid within
thirty (30) days shall accrue interest at the rate of 12% (twelve percent)
per year.
36. 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. This notice provision does not apply if the work perfoniied by
the City or its contractors is of an emergency nature, as determined at the sole 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.
37. Miscellaneous.
A. The Developer represents to the City that the plat complies with all
City, County, State, and Federal laws and regulations, including but
not limited to, Subdivision Ordinances, Zoning Ordinances, and
envitonmental regulations except where specifically excluded by this
agreement. If the City determines that the Plat 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.
13
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 assuine all
liability for the costs resulting in any delay in completion of public
improvements and dainage to any public *improvements caused by the
City, the Developer, its contractors, subcontractors, materialiliell,
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.
This Agreement shall run with the land, shall be recorded against the
title to the property ' perty 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 or required of theill
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 claim s for propet/ 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
ii1jury and death shall not be less than $500,000.00 for one person. and
$
1,000,000. 0 0 for each occurrence; Iimits for property damage shall b e
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.
14
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
deeined expedient by the City and shall not be a waiver of the riglit to
exercise at any time thereafter any other right, power or remedy.
J. The Developer shall pay for all local costs related to drainage
ins required to complete the constrLlCti011 according to the
plans and conditions that are a part of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the Cit), will enter into negotiations regarding
those specific tennis and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
The Developer shall demonstrate and maintain compliahce 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 propefties.
Specifically, the Developer shall maintain existing drainage tiles on
site., and shall be responsible for any and all drainage problenis related
to either the site drainage tiles or problems with on-site drainage
facilities to be consti-Licted in accordance with this agreenient and plat
approval.
38. Pi-evious Developete's Agi-eenient. Upon execution of this Agreement,
Developer shall be released from the terms and conditions of that Developer's Agreement
for RIVERPOMTE 4th ADDITION dated July 12, 2009 related to the portion of
RIVERPOINTE 4"' ADDITION being platted as PROSPECTPOWTE ADDITION.
39. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents,, or inailed to the
Developer by registered snail at the following address: Prospect Pointe, LLC, 5365 Radford
Avenue NE, Otsego, MN 55374 Attention: Thomas Koerwitz. 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 9001 Street NE, Otsego, MN 55330, Attention-. City Clerk
15
CITY OF OTSEGO
M-60-
BY:
Jessica Stockamp, Mayor
Tami Luff, City Clerk
DEVELOPER
PROSPECT POINTE, LLC
STATE OF MfNNESOTA
SS.
COUNTY OF WRIGHT
Its:
16
The foregoing instrument was acknowledged before me this day of
2013, by Jessica Stockamp, Mayor and by Tai 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
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20133 by the
, of Prospect Pointe, LLC a Minnesota limited liability company,
with authority and on behalf of the company.
DR
0 AFTED BY,
MACARTHUR LAW OFFICE, LLC
3601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
17
Notaiy Public
05-22-13
Ot0t y �k e I F 0
0
HINIt-EISOYA g
FINDINGS OF FACT AND DECISION
FINAL PLAT
APPLICANT: ProspectPointe, LLC
APPLICATION: Request for approval of a Final Plat for 16 single family lots to be known as
ProspectPointe Addition.
I
CITY COUNCIL MEETING: 28 May 2013
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, Riverpointe 4 th Addition, City of Otsego,
County of Wright, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for low density residential land uses
within the East. Sewer District.
C. The subject site is zoned R-4, Residential Single Family District.
D. The applicant is proposing to final plat 16 lots within the area that the City Council
conditionally approved a prel i rn i nary plat for as Riverpo inte on 10 August 2000.
F The Request for City Council Action dated 28 May 2013 prepared by the City Planner, The
Planning Company LLC., is incorporated herein.
G. The Engineering Review dated May 22, 2013 prepared by the City Engineer, Hal anson
Anderson Associates Inc., is incorporated herein.
H. Final plat applications are processed without review and recommendation by the Planning
Commission unless determined to be necessary by the City Council in accordance with
Section 21-3-3.D.2 of the Subdivision Ordinance.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1 The construction plans shall be revised in accordance with the City Engineer's Memorandum
dated May 22, 2013.
2. The City Clerk shall record the Final Plat and Development Agreement with Wright County
upon approval of the Final Plat by the Wright County Surveyor.
3. The single family lots shall be subject to the following lot requirements-
Minimum Lot Requirements
Minimum Setbacks
Lot
Area
Lot
Width
Front
Side
Rear
Corner Interior
121000sf.
75ft.
3 5 ft.
35ft. 1 Oft.
20ft.
4. All street designs and construction plans are subject to review and approval by the City
Engineer.
5. All easements are subject to review and approval of the City Engineer.
6. All grading, drainage and erosion control plans are subject to review and approval by the City
Engineer.
7. All utility plans are subject to review and approval by the City Engineer.
8. Type 3 light fixtures shall be installed by the developer at the terminus end of the cul-de-sac
and at the southwest corner of the Radford Avenue and 58th Court intersection together with
payment for two -years operating expenses.
9. The developer shall satisfy park and trail dedication requirements for the final plat as a cash
fee in lieu of land equal to $2,635.00 per lot or $42,'100,00,
10. The developer shall execute a Development Agreement with the City including provision for
payment of all required fees and securities required by said Agreement in a form approved
by the City Attorney.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:
ADOPTED by the City Council of the City of Otsego this 28th day of May, 2013.
Tani Loff, City Clerk
2
CITY OF OTSEGO
By,
Jessica L. Stockarnp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2013-30
RESOLUTION APPROVING DEVELOPERS AGREEMENT-
PROSPECTPOINTE ADDITION
WHEREAS, Prospect Pointe, LLC is seeking approval of a Plat known as
PROSPECTP OINTE ADDITION; and
WHEREAS, the approved Plat requires construction of public improvements and
payment of City costs and fees; and
WHEREAS, those obligations are contained in the attached Developers
Agreement including a petition for assessing certain of those costs against lots
within the Plat over a period of three years; and
WHEREAS, the Developer's 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
Prospect Pointe, LLC is hereby approved.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 28"' day of May, 2013 by the City Council of Otsego.
MOTION TO ADOPT the Resolution bye Council Member.
and seconded by Council Member
IN FAVOR:
OPPOSED:
CITY OF TSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
"
/ WV
PPOSPECTPOINTE ADDITION
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KNOW ALL PERWIS BY THESE PRESENTS: That ProspsatkAto, LLC, a Mlnnevoto llmlted kWAy company, fee owner of - I, Jeffrey R, Rousch do hereby certify that kit's fat was prepared by me or under my dir#ct aupimsion; that
the following described property situated in the County of Wright, State of Minnisota, to wit: I am a duy Vicensod Land Surve or In the State of NInnasota; that this plat is a arrack representation of
the krourdary survey" that all ma h#maklcal deka and lobafs ore corricUy dslignak#4 an ihll p4at; khat oU
Oudot A, RNERPOPTTE 4TH ADDITION, according to the ri orded plat thereof, Wright County, Mlnresoto, monuments dapictal on thle plot boyo 4aen, or will be carrocq sat wlilrin one year; that all nater
boundories and wet lands, as defined In Mfnnasota Stakukss, Section 505,01, Subd, 3, os of th1 date of this
eertifisots ore shown and labeled on this plat; and a.1 public ways are shown and labal#d on this pbt.
Hoe caused the same to be surveyed and plaited as PROSPECTPOINTE AM, and does hereby donate and dedicate to Dated kilo doy of 20-
0s. pubEc for pubro use the p lbft way and the easements for d0oge and u9ity purposes as created by this plot
In Qnsas whereof sold ProtpsclPointe, LLC, a fdtaeesota rmlted R19ty company, has caused this# prassnte to be Jeffrey R. Rousch, Ucsrs#d Land Surveyor
Ulnn000ta twins# Na, 24329,
signed by Its proper offkor this day of 20_.-
ProspactPolnte, LLC
0 , its -- — -- - —
STATE OF MUM
COXY OF =
The foregolnq Instrument was acknowlsdged before me this — day of , 20..._,., by
of ProspectPalnte, LLC, a Minnesota llmltcd
110lity company.
(Signature) (Name Arirtdd}
Notary Pub,, — County, Minnesota,
My Commission expires
PElte1EN LN 5Ur1'211,% X.
tAriCIfHSOH,10
ENV MAP
Sittbn I, Tarr01N Rave 21,
Wait c6vv, Olisoto,
WRIGHT ONO SURVEYOR
I hereby c0fy lilt in accordonce with Pinnisolo Statutes, Section 505,421, Subd, 11, this plot hos bean revlewed and approved this
day of � 20,
Wright County Surveyor
MIT COUP AUVOR
Pursuant to Minnesota Stokutss, Seotlon 21212, there are no dlfrqu#nt taxes on ih# lord hereinbefore described on this plat and
transfer entered this day of , 20--
13y;
STATE OF MINNESOTA
00UNTY OF MEEXER
The foregoing Surveyor's Certifisati woo acknowlidged before mo this — doy of
20— by Jeffrey R, Rous* Land Survag Onesato Lkenea No. 24329, WRIGHT COUNTY TREASURER
Pursuant to Onesoto 5katutds, Section 505,024, Subd, 9, taxes poyoble for the year 20._,... on the lard hereinbefore described have
Wendy S. Rousch been paid this day of, 20—
Notary
4Notary Puk, maker County, Mirnasoko,sr
My aammleslon explres Jonuary 31, 241b Wrighi County treasurer
CITY COUNCIL, CfrY OF OTSEGO. MINNESOTA WNW WUN Y RECORDER
This plat of PROSPECTPOINTE AADrTIAN woe approved and accepted by the City Counel of Otsego, Minndsota, I hereby artily khat this instrument was filed In the office of the County Racardar for record on this day of
of o regular meatlnq thereof hetd this — day of _ - .. -- 20,..w,, and 1014 plat Is in , 20—, at . o'clock., M, and was duly recorded In Cobinit No, . S!tsve _. as
compkmo with the provi ions of Mlnnllato Statutes, Soctlon 545.03, Subd, 2, Numsnt No.
By ,,, Mayor. Attest; I Clark, Wright County Recorder
PROJECT LOCATION
INDEX
H Er NO, OESCRiPRON
COV SHEET
cOYPOSITE UPU Y PLAN
SAWARY SEER 6c WA TERMAIN PIAN
4 STREET do STORY SEWER PLAN
STORY WATER POUQUON PRUNRON PLAN8DETAILS
T IDETAILS
PLANS FOR:
P osDectPo'lnte Addition
Otsego, MN
COVERNING SPECIFICATIONS;
1. CITY OF OTSEGO ENGINEERING MANUAL
2. THE MINNESOTA DEPARTMENT OF TRANSPORTATION 'STANDARD SPECIFICATIONS
FOR CONSTRUCTION' LATEST EDITION & SUPPLEMENTS,
3. CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) STANDARD UTILITIES
SPECIFICATIONS, (LATEST EDITION)
4. ALL APPLICABLE FEDERAL STATE AND LOCAL. LAWS AND ORDINANCE WILL BE
COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT,
N CIYLENGINEEft LWPLANNING
I haeby catlfy chat thle Plan, spedl>cath
or rer hos been prepared by me a
CAMPION `113WPWaer Gaoler,
ENGINEERING P.O. N4 749
port
undemy ftect wpa lk and that
am a dayy Ilcensed Profesalonol Enftaer
dl
901 yarn, uR M1
Pliant 763--479-5172
SERVICES, INC. Fait 763-47R-4242
under 0 the Stale of MNisoto,
i,1 ��•,.
E -Voll: mCWftiPi9 xm&nel wn
Untln P. rmin4m -lit, i Inns rmle'
PROSPECTPOINTE ADDITION
PROSPECTPOINTE, LLC
OTSEGO, MN
OWNERIDEVELOPER
PROSPECTPOINTE, LLC
TOM KOERWITZ
5365 RADFORD AVE NE
ROGERS, MN 55347
ENGINE
CAMPION ENGINEERING SERVICES, INC,
MARTY CAMPION
1800 PIONEER CREEK CENTER
MAPLE PLAIN, MN 55359
wi. k
SURV
PELLINEN LAND SURVEYING, INC.
JEFF RAUSCH
PO BOX 35
HUTCHINSON, MN 55350
PRO,ECT NO.
COVER SHEET 12.023
SHFF T NO. 1 OF 3 SHEETS DAT�5lO$12D13
OUTLOT B
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CAMPION 1800 Pioneer Crank Cantor,
ENGINEERING P.O.Box 249
Maple Plah, utl 55354
70-470-5172
SERVICES, IN Fu 763-479-4242
r,mrnp�n ,p len aafi
I hereby oarufy that thle fan, epedl,eatlart
or rapert hot bean prepared by me or
War my direct euptn bn and that
I am a dui Ilaaneld Profaeilanal Engineer
anu d the of the State of �lnneeata,
i �- 05/01/2013
� j'� f `� T j � J
❑ + j] [ j'► j] j r ADDITION
P ` OS ECTPOIN ! E f' DDI 1 IO Y
PROsPEcrPOrNr r_tc
I
OTSEGO, MN
COMPOSITE UTILITY PLAN
PROECT NO:
ryry
� �-�L3
N4. CATE OESP114H
SHEET NO, 2 OF 8 SHEETS
DATE:
05/06/2013
PENSt4HS
Nart� P, !an -t1a. 19941 Oalx
z
0
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mom,
TNN EAST SIDE 4F WORD, 65' SOI!►H OF 0 COURT
0204-M
RM:
1 I ALL SNNITARY ma SERVICES STTALL BE 4' PVC SDR 26,
2. ALL WATER MM SKI. BE I' TYPE 1f COPPER
3. ALL SMITARY SEWER SfL4L BE 8' PVC SDR 35,
4, All WATIIM WN SH4LL BE 5' W.
S,SEWER AND WATERIM WTRUC0 %& WORM T4 THE REQUIREMENTS OF THE CITY OF
MEW'S TOREERWG MWL4 .
6,DENG IITXR INFORUATM PER SUR+IEY PRPAREO IV PEWO M OWN, WC,, AND
THE CITY RECORD PLANS,
7.99ATIDN OF DENG UI>!lTrF.S %U BE V'NED PU T4 C4NSTRt1CT&L
MOW LEVEL ELEVATIONS PER SATIRE-IiER(1gU±ST GRADING PLAN,
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CAMPION 1640 Pfaneer Creole Cantor,
ENGINEERING 1,4• Bok 249
M4ple Ia1ah,11R 55359
SERVICES, INC. Phon+X 783-479-5172
Fax fot mowvw420rarnpknon4wm
1 hereby certlTy ih4t fh>r 81411, eped6c4 ort
or ropart hoe boon prepaid by me a
weds m direct eupOibo and tbat
1 om o dd Ikoneed Profeoelond Enghoor
under I, raf $6 Stat$ of knouto,
s�
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8 1n
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Vg -.,RISER HEliir . TYP
914
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I CMLENCsItrE€ft l.Ahi6PLANh1NG
CAMPION 1640 Pfaneer Creole Cantor,
ENGINEERING 1,4• Bok 249
M4ple Ia1ah,11R 55359
SERVICES, INC. Phon+X 783-479-5172
Fax fot mowvw420rarnpknon4wm
1 hereby certlTy ih4t fh>r 81411, eped6c4 ort
or ropart hoe boon prepaid by me a
weds m direct eupOibo and tbat
1 om o dd Ikoneed Profeoelond Enghoor
under I, raf $6 Stat$ of knouto,
s�
�- � 05/01/2013
PROSPE�T��INTE ADDITION
r r1+
RROSPIECTPOINTE, LLC
OTSEGO, MN
SANITARY SEWER & WATERMAIN
PROJECT NO.
q
I����
Ia SATE OESfRPT�fI
SHEET N O, 3 O E 8 SHEETS
DATE: 5!0612013
RE41SI4fi$
W - 1
MarLln P. fan -Lia, T99DI Oatac
P
CALL 48 EM BEFORE M:
MUL 09 ONE w
TWIN CR AREA 651-454-0002
VN. TOLL FREE 1-800-252-1168
1. THE COMTOR 0Z CONTACT ALL APPRORATE W COMPANIES AT LEAST 48 HOURS BEM A1W
EXCAVATO TO REM EXACT FIELD LOCATION Of EZ N0 UTILITIES. IT SHALL BE THE OWBILITY OF
THE CONTRACTOR TO RELOCATE ALL nM WHICH CONFO WITH THE ROM IMPRMUM SHOWN
ON 1HE RA. THE LOCATIONS OF M1 RM VALL BE OBTMED BY THE CONTRACTOR BY CALIX
WE STATE ONE CALL (1-800-252-1166),
2, WM NOTICE TO CONTRACTORS; IN ACCOIM VM WMY ACCEPTED MPM PRACTICES, THE
CONTIWO WILL BE SOLELY AND COMPLETELY MM&E MR CONM ON THE M SITE, MOND
SM OF ALL PERM MO PROPERTY IDURINO PI)MMU OF THE WA. THIS REWMENT WILL
APPLY COQUOI.MY AND NOT BE NU TO Wk MW On THE DUTY Of ME 000 OR
THE MW TO 0OW MMICTION REM OF THE CONTRACTOR'S PERFORMANCE IS NOT MKI)
TO K9 REM OF THE ADEW OF THE MWORS SAFETY YEAS' M IN, ON OR NEAR THE
01SRICTION SITE
3, THE WRKTOR SHALL BE RESPONSIBLE MR PRWON AND MORN MN TRAFFIC CDM WO SUCH
AS BARRICADES, WON SIX ORCTIONA. W F[W AND UGIT TO MM THE MG(T OF
TRAFFIC WHERE NECESSARY, TRAFFIC CONTROL DEVICES SHALL WM TO APPRWRikTE UMTA
DEPAW OF TRANWATION STANDARDS,
4. ME WXW SHALL RESTNT ALL MOWN ACTM TO AM END ON THE RK
5. k SOL MIN MALL BE COIIIPIETED BY THE WhWS SOILS DM THE CONTRACTOR SKU BE
RESPONSIBLE FOR =MTINO All REWIRED 01 TESTES AND INSPECTIONS WITH THE SOILS DOER.
6. PER TO RAZDIT OF ANY S%= OR PARENT, A TEST ROLL WILL BE REWIRED ON THE
WK THE CONTRACTOR W PROW A LUG TANDEM AXLE TW W`IH A CROSS WEN Of 25
TZ THE TEST ROLLM ZU BE AT THE DIRECTION OF THE W EWNEER N SKU BE COUPLETED IN
AM AS DIRECTED BY THE SOU DOM THE SOU ONEER M DETERMINE *0 $ECTIX ARE
UNSTM MCTM OF THE MRADE SOU M BE COWED IN MW WITH THE
REMBEIn OF THE SOILS DWER AND AS W",
7. 9 IS ME CONTRACTOR'S REMBILM THAT ALL SURFACE WMATO 0 ANY TOPSOIL OR OTHER IK
SOFT OR OTHM LWABLE VATERIAL BE MM FROM THE ROAD AM OM AREAS AND KONO
PAM PRIOR TO PLACEMENT OF kd ROW 9 DKCB BY THE SOU DONR
8. ALL DOW UNSURFACED M ARE TO NUENTELY RECM FU INCHES Of TM SEM AND
W MID BE W47M Lfft A HEALTHY STAND OF MS 3 08TA10
9. CONTRACTOR SHALL AW ARO/Oft CUT D= PARENT AS NECESSARY TO ME A WTH FIT AND
ODNTIM WX kN MATCHING PASUff AM AM/OR M.
CM NOTESi
THE CONTRACTOR 3 SPECIFULY WW THAT THE LOTION N OR WATION OF DM MIES AS
MON THESE MA a ERASED ON KOM OF THE YAM OOMPaS K, WHERE POZOLE,
WEAMDITS TMU IN THE FaD. THE WORUATIN 6 NOT TO BE RELIED ON AS BONO IXT OR METE.
THE CONTRACTOR W9 CONTACT ALL THE APPRMTE MR OOWPANIES AT LEAST 48 HOURS BEFORE ANY
EXCAVATION TO REM W MD LOCATION OF OM IT %U BE THE RESPONSIBILITY Of THE
COMTOR TO RELOCATE ALL D= aW 00 CONFLICT WITH THE POW NPRORM NO ON
THE M& THE LOCATIONS OF SKU LITANIES MU BE OBTAINED BY THE CONTRACTOR BY WX MR
STATE ONE CALL AT 0-252-11166 OR 651-454-0002,
mm.im=
1. ALL MW CONTROL AND SILTATION COM WILL WRY 0 MESONS BEST WMUENT
PRACTICES MANR A REGULATIONS Of THE CITY,
2. THE CXWN MU BE FAMILIAR WITH AND FOLLOW kl REQUIREMENTS Of THE WCA HPOU PHASE H
POW MR ODIMM OMES WMNG BUT NOT WD TO. WMY EROSION CONTROL
INSPECTIONS, MM WR 0.9' RAINFALL OR MORE AND DOCUVENTATION OF 41 ODRRECTIYE
I&M BY ROHN WNW, ME CONTRACTOR MOO= THE TOM Of THIS PERMIT
AND Awz TO ga By moll
3. THE CONTRACTOR MU PERFORM ANY 0DWXK WM OM BY THE CITY OR ME 9* PM
24 HOURS OF NOTIFICADW, ALSO, WM NO COM MEASURES DEEMED NECESSAR( BY 09
THE V OR THE UKA SHALL K 10kM M 24 KO OF NOVICATION,
4. ANY OMH OF IT OR U ON NEW OR D= PAMU, IN WOM SEDIMENTATION &W OR
IN EXIM SWAB V& BE KMD NO EACH RAIN AND AFFECTED AREAS CLEANED
5. ME 0" W 09 MWE RESROHW FOR CONTROLLING ALL SILTATION INCLUDING BLff
NOT NITER TO STATED M M W "=p'AjND(0R SLT F= WM SHALLCOMMM
WITH GRADING AND OWE PROW THE MGT L ACCEPTANCE OF THE WN BY THE NO,
THE CONTRACTOR'S RESPONSIBILITY KUM ALL DW 0 IURWATM AS REQUIRED TO WV
RU AND THE DRONO Of SILT, THE ME MAY, AT HIS/HER OPTION DRECT THE WWOR IN
NS/HER WIM AS D08 FIT TO PROTECT PROPERTY AND WKWITS,
6. A DEPOM OF SILT SRO M BE KM AFTER EACH RAW AND AFFECTED AREA WANED TO
THE S0940 Of THE M ALL AT THE DM Of THE WOKE,
7. THE SILT FENCES %U BE RDW AND THE SILT MW FROM THE POWNIQ AM 0Y THE
MWOR WO THE TLIRF 6 ESTAM.
8. ME CONTRACTOR M BE RESPM FOR WNPLIANCE WITH AND X MONITORINO REOW OF THE
VA GENERAL M WATER PEW FOR CONSTRUCTION XM,
9. ALL DMIRDED AM, EXCEPT THE ROAD AND DAMES M BE RESPDRED WITH A MHWUW 4 INCHES
TOPSOIL, SEEDED AND RM CHIN 7 DAYS OF COURM OF SITE M. SUON ZU BE IN
ACCORM MM MT SPECIFICATION 2575, M 280 0 50 195 ACK OR APPROYED EM). DOW
SM AN M BE SW AND MULCHED IN ACCOMIX VTH MINT SPECIfICAM SW
UWNG ORTY SHALL BE TO TONS PER ACK, FE LIZER (22-5-10) %U BE MED AT A RATE
OF A POUNDS PER OE
10. MEMPON %U PRM H THE I&= SEQUM-
a. DW M SXXE A PRE-CONSTRUM MEER WITH THE CO.
b.INSTALL ERM CCINTROL MEASURES AND ROCK 0016R)CTION ENTRANCE,
c,MXT CITY FOR APPROVAL Of 00 COM IHSTALLATION.
4. mm TEIMARY mm Off gio/sm MR
c1WNTAIN RM NEORE, I.E. SV w CONSTRUCTION DRM
1. COMPLETE UTILITY AND STREET W61RUCTION,
11, 2
INSTALL SEED AND MULCH ON AM THAT ARE NOT TO BE HARD SURFACES.
STON KWER RM AW RM DO SEM W BE allTELY PROTECTED WM AND 00
PARENT CONSTRUCTION UNTIL ALL MTM AU ARE STABILIZED, CONTRACTOR SHALL PLACE VIR41
FABRIC N ME 00 ALL CATCH 11% ORATE KM Uft PAYING SURFAM ARE PAVED AND THE SR
RESTORED.
12, SIMILE AREAS W REMAIN ON THE SITE FOR MORE THAN M DAYS SHAd BE SEW, UOLOG,
AND SURROUNDED 8Y SILT FENCE
13, ALL SEDIMENT W BE RRIOVED FROM THE PONDS, AS NECESSARY, PRIOR TO COMPLETION OF THE
PROJECT.
14, THE CONTRACTOR, AT NO GM CUPENSATIM, SHALL BE RESPHRE FOR PRGMDM THE SW
Wax.
15, ALL INSPECTIONS ANO WHENANCE CONDUCTED W CONSTEM MUST BE RECORDED IN TWRX AND
THESE REM IIM BE RETARD 0 THE WPPAN D MADE AYM KIRK 24 HOURS Of BN
REWIESTED. REM OF EACH INSPECTION AND MMMKE M SHALL INCLUDE'
o,DATE MO TIME OF INSPEM,
I)INAME Of PERSON COMM INSPECTION.
c,OMCM AM TAXEN (INOLWM DATES, W, AND PW ONPLETING MKRM ACTMM).
HATE AHO AMOUNT OF RWALL DM MTER THAN 03 INCHES IN 24 HOURS.
18. NWM RM CONTROL W WILL BE REWRIO FROM HM BULDRS AT THE TIME OF HOME
CONSTRIXTION.
W
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w
N CIVIL ENGINEEF&O LAND PUNNING
I hereby c4mly 1"t tAll plan, splopcQuon
CAMPION 1600 ftw Oro* Cmtir,
or report has been pfopored by me or
wder my OKI oupinfilon and that
ENGINEERING P.1,, Im 249
" ""
'I'7U-479-5172
1 am a dd 1�wwl profeawd Filgirleeil
(c
rPl*
SERVICES, INC, P -
ender th �w f the State of knesola.
In 70-4711-4242
moa VWftqImm;wn
0510112013
VAn P. C&dpim -Up, 119901 Data:
410
6 )00�
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RKRPUTE Z AMMON
PROSPECTPOINTE ADDITION
PROSPECTIFOINTE, LLC
OTSEGO, MN
akw v"a N Fir
STORM WATER POLLUTION PROJECT NO:
PREVENTION PLAN 12.023
I
JDATIE: SHEET NO, 5 OF 8- SHEETS 05/06/2.013
t ! !i LINE
RESIDENTIAL CUL DE SAC
URBAN SECTION
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P,O. joss 249 12-023
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NO. DATE Dawn H SERVICES, INC, at to 763-479-4242 i`I ?`� 'r�. Lr 05/01J201 DATE:
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I am a d1�yy I{cer9aed Proteaelond Enq�iea
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fAllredc 163-419-6172
IN Fora 163-419-4242U�
E-Nal: marnpWODDn Ionalicom
I hereby Certify that thl: q[I, epedflCa
or report hoe been prepored by me or
under my direct euper~,ielaa and that
I am a dl�y licdxTebd Praleeeiannd Enylnear
under the I #•of the State al Mhnelota,
o I 05/01/2011
PROSPECTPOINTE ADDITION
PRaSPLCTOINTE I LLL
�T�a, MN
DETAILS
PRD QCT N0:
12°�d23
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