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HomeMy WebLinkAbout2013-06-05 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 6/5/13 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # . ' Jennifer Levitt STAFF AUTHOR ***************************�*********�********** COUNCIL ACTION REQUEST 1. Consider approving the final plat named Eastridge Woods. 2. Consider approving the proposed Development Agreement with D.R. Horton for the development of the Eastridge Woods — Phase I project. STAFF RECOMMENDATION 1. Adopt the resolution approving the Eastridge Woods final plat. 2. Approve the Development Agreement with D.R. Horton for Eastridge Woods - Phase I project. ADVISORY COMMISSION ACTION: ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS: DATE APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 5/30/13 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Final Plat, Development Agreement ADMINISTRATOR'S COMMENTS , ,� � `���1 I � ity Administrator Date *******************�**********�****�********�*** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE � MINNESOTA TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: May 30, 2013 RE: D. R. Horton — Final Plat and Development Agreement Approval Introduction D.R. Horton has filed a final plat application to develop a detached single-family residential sub- division named Eastridge Woods. The first phase for this project consists of 37 lots for detached single-family homes. This project is located approximately one-quarter of a mile west of Keats Avenue (CSAH 19) and north of 70th Street (CSAH 22). A location map is shown below and a copy of the Eastridge Woods final plat is attached. The City Council is requested to approve the Eastridge Woods final plat and development agreement with D.R. Horton. A copy of the resolution approving the final plat and the develop- ment agreement are attached. D.R. Horton has signed the agreement. Discussion The Eastridge Woods final plat is consistent with the preliminary plat and planned development overlay plan the City Council approved on April 3, 2013. The final plat was distributed to other Project Location Map Honorable Mayor, City Council, and Ryan Schroeder Eastridge Woods — Final Plat and Development Agreement Approval May 30, 2013 Page 2 of 2 City departments and utility companies for review and comment. No comments or changes were recommended for the final plat. The City has prepared the construction plans and specifications and the developer will construct all the public improvements. The developer also reached an agreement with the South Wash- ington Watershed District (SWWD) for grading and constructing improvements across their property. Site grading will begin in June, 2013. The draft resolution approving the final plat includes certain conditions that modify some of the conditions in the resolution approving the preliminary plat for this project. These changes are recommended because the costs estimates, construction plans, and feasibility study have pro- vided detailed information that contradicts some of the assumptions made at the time the preliminary plat was reviewed. In regards to the homeowners association covenants between Newland Land Group's Ravine Meadows project and D.R. Horton's proposed fourth phase, both developers have reached a mutual agreement that the lots within D.R. Horton's fourth phase will be part of the Ravine Meadows homeowners association. The details of this mutual arrangement will be completed once the Ravine Meadows homeowners association has been created. The general objective is to assure development standards and private covenants in the Ravine Meadows and Eastridge Woods Phase 4 projects are complementary in developing a uniform neighborhood. Recommendation The City Council is requested to take the following actions: 1) Adopt the attached resolution approving the final plat named Eastridge Woods. 2) Approve the proposed Development Agreement with D.R. Horton for the development of the Eastridge Woods — Phase I project. RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE FINAL PLAT NAMED EASTRIDGE WOODS WHEREAS, D.R. Horton, Inc. — Minnesota has applied for a final plat to develop a single- family residential subdivision named Eastridge Woods. The first development phase is com- prised of 37 lots for single-family homes and 12 outlot parcels for public park and open space, stormwater detention basins, landscape islands, and future development phases. The subdivi- sion would be located on property legally described as: Parcel No. 1: Tract B, Registered Land Survey No. 63, on file and of record and in the office of the registrar of titles, Washington County, Minnesota (containing 16.4 acres, more or less) Parcel No. 2: That part of Tract C of Registered Land Survey No. 63, on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: beginning at the southwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along the west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to the south line of said Tract C; thence North 89 degrees 29 minutes 33 seconds West, along said south line, a distance of 429.40 feet to the point of beginning. Containing 9.8 acres, more or less. Subject to that part taken for 70th Street South and drainage and utility easements of record, if any. And That part of Tract C of Registered Land Survey No. 63 on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: commencing at the southwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along the west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to the south line of said Tract C; thence South 89 degrees 29 minutes 33 seconds East, along said south line, a distance of 335.08 feet to the point of beginning of the land to be described; thence North 1 degree 12 minutes 45 seconds East a distance of 1271.86 feet; thence North 74 degrees 05 minutes 37 seconds West a distance of 790.26 feet to said west line of Tract C; thence North 1 degree 12 minutes 45 seconds East, along said west line of Tract C, a distance of 646.39 feet to a point described as follows: commencing at the northwest corner of said Tract C; thence South 1 degree 12 minutes 45 seconds West, bearing assumed, along the west line of said Tract C, a distance of 527.85 feet to said point; thence South 78 degrees 32 minutes 09 seconds East a distance of 544.58 feet; thence North 39 degrees 08 minutes 55 seconds East a distance of 121.97 feet to its intersection with a line parallel with and 60.00 feet southwesterly of, as measured at right angles to the northeasterly line of said Tract C; thence South 49 degrees 34 minutes 57 seconds East, along said parallel line, a Resolution No. 2013-XXX Page 2 of 8 distance of 477.49 feet; thence North 40 degrees 25 minutes 03 seconds East a distance of 60.00 feet to said northeasterly line of Tract C; thence southeasterly, along said northeasterly line, to the northeast corner of said Tract C; thence southerly, along the east line of said Tract C, to the southeasterly corner of said Tract C; thence westerly, along the south line of Tract C, to the point of beginning. Containing 34.8 acres more or less. Subject to that part taken for Military Road and 70th Street South and drainage and utility easements of record, if any. The above property is situated in Washington County, State of Minnesota. WHEREAS, the Planning Commission held the public hearing for the rezoning, prelimi- nary plat, and Planned Development Overlay (PDO) District for the proposed Eastridge Woods subdivision on February 25, 2013; and WHEREAS, the Planning Commission unanimously recommended approval of the rezon- ing, preliminary plat, and Planned Development Overlay (PDO) applications on February 25, 2013, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendations and approved the preliminary plat (Res. No. 2013-041) on April 3, 2013; and WHEREAS, the City Council adopted Ordinance No. 913 on April 3, 2013, which rezoned approximately 61.8 acres of land from AG-1, Agricultural Preservation, to R-3, Single Family Resi- dential District, with a Planned Development Overlay (PDO) District; and WHEREAS, City staff found the final plat substantially consistent with the approved prelimi- nary plat and the Planned Development Overlay (PDO) plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by D.R. Horton, Inc. — Minnesota for a residential subdivision plat named Eastridge Woods. This final plat consists of 37 lots for single-family homes and 12 outlot parcels for public park and open space, stormwater detention basins, landscape islands and future development phases, located on property legally described above. The approval of this final plat is subject to the following conditions: The developer and builders must comply with all city ordinances and policies. 2. The developer must abide by the conditions stipulated in Resolution No. 2013-041, which approved the preliminary plat, except as hereafter modified. 3. All utility, drainage, and development plans must conform to the plans approved by the City Engineer. The developer may start rough grading of the lots before the plat is filed, if a MPCA Construction Storm Water Permit has been issued and the City has been furnished with a cash escrow or letter of credit in the minimum amount specified in the approved development agreement. 4. Development of this project must comply with the grading and erosion control plans as approved by the City Engineer. Resolution No. 2013-XXX Page 3 of 8 5. The developer must construct or install and pay for the following: a) Pave streets b) Concrete curb and gutter c) Street lights d) Water system (trunk and lateral) and water house service stubs e) Sanitary sewer system (trunk and lateral) and sanitary house service stubs fl Storm sewer system g) Street and traffic control signs/signals h) Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer i) Adjust and repair new and existing utilities j) Sidewalks and trails k) Erosion control, site grading and ponding These Improvements must be in conformance with City approved plans and specifications and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code. The form of the financial security is subject to the reasonable approval of the City. 6. The Homeowner's Association for this development is responsible for the mainten- ance of all vegetation and landscaping lying within the stormwater basins, center medians and landscaped islands, and Outlots D, E, F, G and L. The City will rough cut the vegetation within the stormwater basins (Outlots C and G) twice per year if the Homeowner's Association does not maintain these areas. If the homeowners association desires a more regular maintenance of the ground cover or that it be irrigated, the homeowners association shall prepare a maintenance plan and submitted it to the Cottage Grove Public Works for review and approval. 7. The City will supply the street light poles and luminaries. The Developer will pay the City for street light poles and street light luminaries. This fee is due and payable at the time of executing the development agreement. 8. The City agrees to review and consider the final wear course paving along certain roadway segments in advance of other roadways depending on the location of the roadway segment and if at least 90 percent of the houses on that street segment have been constructed. 9. After the site is rough graded, but before any utility construction commences or build- ing permits are issued, the erosion control plan shall be implemented by the Devel- oper and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 10. The final plat and declaration of private covenants must be recorded with the Washington County Recorder's Office before any building permit can be issued. Resolution No. 2013-XXX Page 4 of 8 11. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. 12. The developer must comply with all the recommendations provided in Stantec's letter to the City Engineer dated May 22, 2013. 13. Approval of the final plat is contingent on the Developer's success in securing the ap- propriate easements for public utilities and temporary cul-de-sacs from adjoining landowners. 14. Condition No. 12 in Resolution No. 2013-041 shall be amended by stipulating that the park boundary marker(s) must be installed at the corners of private properties abutting Outlots A, C,D, F, G, and H and along the S1NWD's property. Residential lots designated to have a boundary marker(s) must have the marker(s) before a Cer- tificate of Occupancy can be issued for the house on that particular residential lot. 15. Condition No. 13 in Resolution No. 2013-041 shall be amended by requiring the developer to prepare a warranty deed for purposes of conveying fee ownership of Outlots A, C, G, and H to the City of Cottage Grove. Once the City has accepted the improvements and the developer has removed all silt fence, erosion control devices, and ground vegetation has matured within these Outlots and is accepted by the City, the developer shall prepare a record plan for each Outlot. A copy of the record plan must be submitted to the City. The warranty deed for these Outlots shall be recorded at Washington County Recorder's office once the Outlots are accepted by the City. 16. Condition No. 16 in Resolution No. 2013-041 shall be amended by requiring the homeowners association (HOA) to own Outlots D, E, F, and L and be responsible for all maintenance and replacement of dead plantings and any and all landscaping amenities that are placed upon these Outlots. All monument signs must comply with the City's Sign Ordinance and must be placed on private property. 17. Condition No. 17 in Resolution No. 2013-041 shall be amended to require the landscaping shown on the Landscape Plan dated February 12, 2013 and the pro- posed undulating earth-berms within Outlots D, F, and L will be graded as shown on the approved grading plan. The homeowners association is responsible for the long- term maintenance of these areas. 18. Condition No. 18 in Resolution No. 2013-041 shall be amended by not requiring that an underground sprinkling system irrigate the grass area all the way to the shoulder along 70th Street, but to only require the underground irrigation system along the north side of the trail paralleling the south boundary line of Outlots C, D, F, and L and permitting the sprinkler heads to spray water over the trail and into the grass area between the trail and shoulder of 70th Street. The City understands that not all the vegetation between the trail and 70th Street shoulder will be irrigated. The home- owners association is still responsible for mowing the grass area between the south boundary line of Outlots C, D, F, and L and the shoulder along 70th Street. Mowing this area shall be consistent with the mowing and maintenance of the landscaping Resolution No. 2013-XXX Page 5 of 8 buffer within Outlots D, F, and L and the ditch area south of Outlot C and the ditch area south of the SVWVD's property between Outlots C and L. 19. Condition No. 20 in Resolution No. 2013-041 shall be amended by stating that D.R. Horton has decided to pay to the City the park fee for all 134 lots. The total park land dedication for the Eastridge Woods subdivision is calculated as follows: 52.62 net buildable acres x 10% = 5.26 acres As part of this final plat, the Developer shall dedicate Outlot H and Outlot K, Eastridge Woods to the City, which contain 1.77 net acres of park land dedication. Such land dedication constitutes 33.65 percent (1.77 acres = 5.26 acres) of the total park dedication requirement for the Eastridge Woods subdivision. The remaining cash park dedication requirement for the Eastridge Woods subdivision is calculated as follows: 134 Lots x$3,200 per Lot x 66.35 =$284,508.80 The Developer and the City have agreed that the Developer will construct the park improvements on Outlot H, Eastridge Woods with this final plat and receive a credit against the park dedication requirements in future final plats equal to the total design and actual construction costs of the park improvements plus five percent (5%) (the "Park Costs") for Developer's design and contract administration. The construction costs for park improvements are illustrated in the Concept Park Plan attached to the development agreement as Exhibit B are estimated to be Three Hundred Fifty Thou- sand and No/100 Dollars ($350,000.00). If the actual park improvement costs and the five (5) percent design and contract administration costs are greater than $284,508.80, the City agrees to reimburse the Developer the difference in cash upon completion of the park improvements. The Developer must submit invoices for all related park improvements for cost verification. The $284,508.80 park fee is based on the entire 134 lot subdivision and the Developer agrees to make full payment of this park fee with Phase 1 of Eastridge Woods. The City will provide construction observation for the park improvements. 20. Condition No. 21 in Resolution No. 2013-041 shall be amended by requiring the builder to post a letter of credit or escrow to the City for the estimated cost of the boulevard trees, four yard trees, and ten shrubs on each lot. 21. Condition No. 25 in Resolution No. 2013-041 shall be amended to read as follows: The applicant must submit private covenants with the final plat application which details the following: The homeowners association shall own Outlots D, E, F, and L and be re- sponsible for all maintenance and replacement of dead landscaping materials and all landscaping amenities that are placed within street right-of-way, the vegetation and landscaping within Outlots D, E, F, and L, and monument signs. The declaration of covenants shall also include a provision that if the homeowners association defaults on payment of property taxes for any land Resolution No. 2013-XXX Page 6 of 8 they own and the property becomes tax-forfeited property with the City ob- taining ownership, the City will bill annually each landowner within the Eastridge Woods and future phases of Eastridge Woods the cost to maintain the forFeited parcels and all property taxes due thereon. Fencing is prohibited along the east, west, and south sides of Outlots D, E, F, and L. All mailboxes and location of mailboxes must comply with the U.S. Postal Office guidelines and regulations. Mailboxes placed at the curb shall all be the same design and color. TurF inanagement in and around the stormwater basin in Outlots A, C, and G will be perFormed by the City about twice per year. Weed control might occur once per year and the area will not be fertilized. Debris will generally be re- moved. Trees will be regularly trimmed and monitored. Tree saplings will be removed by Public Works. The City will periodically inspect the basin to as- sure property flow of the stormwater system. Inspections may result in struc- ture maintenance/reconstruction (inlets, outlets, skimmers, etc.), sediment removal, basin shaping, and storm pipe cleaning. All disturbed areas will be restored with similar materials. A natural buffer within 15 feet of a normal water level will be preserved. If the homeowners association desires a more regular maintenance of the ground cover or that it be irrigated, the home- owners association shall prepare a maintenance plan and submitted it to the Cottage Grove Public Works for review and approval. The homeowners association is responsible for mowing the grass area be- tween the north boundary line of Outlots D, F, and L and the shoulder along 70th Street and the area between the landscaped area along the south boun- dary of the S1NWD's property and the shoulder along 70th Street. Mowing this area shall be consistent with the mowing and maintenance of the turF and landscaping improvements within Outlots D, F, and L. The homeowners association or the property owners on Lot 7, Block 3 and Lot 1, Block 4 must maintain the turF grass on that portion of adjoining Outlot G from the curb of the street to the extension of the rear lot line of Lot 7, Block 3. Maintenance of this portion of Outlot G is primarily the mowing of the turf that is generally the same turf maintenance schedule that occurs on the ad- joining residential lots. The homeowners association must maintain and mow the turF grass a minimum of six feet along each side of the private trail bisecting Outlot G. The homeowners association or homeowner that has a sidewalk in front or on the side of their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly removing ice and snow or other obstruction to ensure the safe passage of pedestrians. The homeowners association and property owners within the Eastridge Woods subdivision will not be responsible for snow removal or maintenance Resolution No. 2013-XXX Page 7 of 8 on any trails or sidewalks located within or adjoining the South Washington Watershed District property, outside the Eastridge Woods subdivision or within any Washington County right-of-way. Permanent or temporary access directly to 70th Street from any lot abutting 70th Street is prohibited. Details of the conservation easement along the rear of Lots 1 through 10, Block 6 as shown on the Eastridge Woods preliminary plat must be included in the declaration of restrictive covenants for future phases of the Eastridge Woods subdivision. The restrictive covenants should explain what plant materials must be protected and the expectations property owners can or cannot do within the conservation easement. 22. Condition No. 27 in Resolution No. 2013-041 shall be amended to confirm that the proposed street names on the Eastridge Woods final plat are consistent with the City's street naming and addressing system. 23 24 Condition No. 38 in Resolution No. 2013-041 shall be amended to require the developer to construct the street lights as shown on the approved construction plans. Condition No. 45 in Resolution No. 2013-041 shall be amended by not requiring the developer to install the street name plates and posts. The costs for the street name plates, posts, labor costs, and materials will still be paid by the Developer, but the City will install these street name plates and posts. 25. Condition No. 50 in Resolution No. 2013-041 shall be amended by clarifying that the developer is not responsible for street maintenance, boulevard sod, and street sweeping once the City accepts a particular construction phase. Once a homeowner occupies a house, the homeowner is responsible for the maintenance and upkeep of the boulevard area that abuts their property. The Developer must ensure that all builders keep all streets free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on said street(s) and directing them to detour routes. If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the developer must maintain a smooth driving surFace and adequate drainage on all streets until they are completed and accepted by the City. The developer hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of developer's acts or omissions in performing the obligations imposed upon developer by this paragraph. 26. Condition No. 53 in Resolution No. 2013-041 shall be amended to clarify that the owner of land within the Eastridge Woods subdivision is responsible to maintain grass and weeds on their property so as not be exceed eight inches in height. Failure to control grass and weeds will be a violation of City ordinances and the City may, at its option, perform the work and the property owner shall promptly reimburse the City for any expense incurred by the City. Resolution No. 2013-XXX Page 8 of 8 27. Condition No. 58 in Resolution No. 2013-041 shall be amended by including a re- quirement that any lot that has a public sidewalk along its front property line, the builder of that lot must post a$750 cash escrow with the City at the time a building permit is to be issued for that lot. If there is a sidewalk along the front and side prop- erty, then the builder of that lot must post a$1,500 cash escrow. The builder must repair the damaged sidewalk before a Certificate of Occupancy is issued for that particular parcel. If the sidewalk is accepted at the time the Certificate of Occupancy is issued, then the cash escrow without interest will be returned to the builder. 28. Condition No. 62 in Resolution No. 2013-041 shall be amended to clarify that the developer is responsible for informing each builder that the builder is responsible in completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black d'irt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. 29. Condition No. 79 in Resolution No. 2013-041 shall be amended by changing the last sentence to accurately refer to trees and landscaping improvements within Outlots D, E, F, and L and on the SWWD's property. 30. Condition No. 81 in Resolution No. 2013-041 shall be amended for purposes of refer- ring to the Developer being responsible for the cost and construction of an eight foot wide asphalt trail to be located within one foot of the south boundary line for Outlots F and L, across the south side of the SVWVD's property, within Outlot K, that seg- ment of trail connecting Outlot K and the trail along 70th Street, trails within the 70th Street right-of-way, and trails located on the SW1ND's property that abut the westerly boundary line of Outlot C, Lots 4 through 11, Block 2 and Outlot H. 31. Condition No. 83 in Resolution No. 2013-041 shall be amended so as clarify that an underground irrigation system shall be provided for all turF areas within Outlots D, F, and L. 32. Condition No. 84 in Resolution No. 2013-041 shall be amended so as change refer- ences of "Outlot A" to Outlots C and D; and "Blocks 1 and 9" to Outlots F and L. 33. Condition No. 87 in Resolution No. 2013-041 shall be deleted, as it was also included in Resolution No. 2013-041 as Condition No. 82. 34. Condition No. 89 in Resolution No. 2013-041 shall be amended to read as follows: The Developer must install boundary markers along the north edge of Outlots D, F, and L to delineate the northerly boundary of the outlots that the Homeowners Association will maintain. Passed this 5th day of June, 2013. Attest: Myron Bailey, Mayor Caron M. Stransky, City Clerk DEVELOPMENT AGREEMENT EASTRIDGE WOODS THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day of June, 2013 by and between D. R. Horton, Inc. — Minnesota, a Delaware corporation, referred to as "Developer" and the City of Cottage Grove, a municipal corporation, situated in the County of Washington, State of Minnesota, hereinafter refei7ed to as the "City." RECITALS A. At the time this Agreement is recorded, the Developer is the fee owner of the parcels of land described in E�ibit "A", which is to be developed as a subdivision in the City bearing the name "Eastridge Woods" and may sometimes hereinafter be refened to as the "Subject Property" or the "Subdivision". B. The Developer proposes to develop Phase I of the Subject Property, which is being platted into thirty-seven (37) lots for the construction of detached single-family homes situated in the City of Cottage Grove, County of Washington, State of Minnesota. C. The City approved the Eastridge Woods preliminary plat (Resolution No. 2013-041) on April 3, 2013 and the Eastridge Woods final plat on June 5, 2013, a single-family development on 61.793 acres. The Eastridge Woods preliminary plat consists of one hundred thirty-four (134) single family lots. The Eastridge Woods final plat consists of thirty-seven (37) single-family lots and twelve (12) outlots. D. The City requires that certain public improvements, which are herein refei7ed to as the "Public Improvements" and include, but are not limited to storm drainage systems, sanitary sewer, water, grading, street lighting, trails, sidewalk, curb and gutters, and streets, be installed to serve the Subject Property and other properties affected by the development of the Subject Property, all at the expense of the Developer, all as set forth herein and in the Approved Plans dated May , 2013. E. The Developer will perform other work and install certain improvements within the Subject Property, which worlc and improvements typically consist of drainage swales, erosion -1- control, street cleaning and the lilces thereof and which improvements to the Subject Properry shall be refened to herein as "On-Site Improvements". Public Improvements and On-Site Improvements are collectively referred to as the "Improvements." F. The Developer shall develop the Subject Property and install the Public Improvements in conformance with the plans and specifications prepared by the City dated May , 2013 and refened to as the "Approved Plans". The Approved Plans shall not be amended without the prior written approval of the Developer and the City. NOW, THEREFORE, IT IS HEREBY AND HERElN MUTUALLY AGREED, in consideration of each party's promises and considerations herein set forth, as follows: 1. Request for Plat ApprovaL The City approved the final plat for Eastridge Woods on June 5, 2013. This residential subdivision is located in the City of Cottage, Grove, County of Washington, State of Minnesota, and is legally described in E�ibit A. 2. Conditions of Approval. The City hereby approves the final plat and this Agreement on the conditions that: a. The Developer enters into this Agreement and abides by the conditions stipulated in the resolution approving the final plat and the terms of this Agreement. A11 the lots within Eastridge Woods are required to be part of a homeowners association. b. The Developer provides to the City upon execution of this Agreement: i. An ii7evocable letter of credit or cash in the amount of: LETTER OF CREDIT Site grading and restoration $48,450.00 Erosion control $23,482.13 Pond maintenance and cleaning $22,500.00 Landscaping $65,216.25 TOTAL LETTER OF CREDIT OR CASH $159,648.38 The letter of credit must be issued by a bank that is determined by the City to be solvent and creditworthy and in a foi�rn acceptable to the City. If the City detet at any point that the bank no longer satisfies its requirements, it can require the Developer to get a new letter of credit from a different bank. ii. Proof of public liability and property damage insurance covering personal injuiy, including death and claims for property damage which may be caused by reason of the operation of the Developer's equipment and laborers, or caused by Developer's completion of the Public Improvements. Limits for bodily injury or death shall not be less than $1,000,000 for one person and a$2,000,000 for each occui7ence; limits for -2- property damage shall not be less than $500,000 for each occui�rence. The Developer must lceep the insurance in force at all times that construction for the development is in progress. The City must be named as an additional insured on the policy and must provide that the insurer must give the City at least ten (10) days' v�nitten notice prior to cancellation or termination of the insurance policy; and iii. The Developer shall deposit to the City a cash payment and a letter of credit as shown below: CASH PAYMENT CSAH 22 Turn Lane $124,563.96 Sanitaiy Sewer Area Charge 2012 Rate $110,473.61 Water Area Charge 2012 Rate $47,730.87 Stoimwater Area Charge 2012 Rate $64,327.23 AUAR Fee 2013 Rate $2,412.80 Major Road Fee 2012 Rate $125,177.94 Street Light Poles and Luminaires $31,000.00 Street Sealcoating $9,243.00 Trail Sealcoating $9,040.22 Boundary Markers $1,150.00 Street Light Utility Charge $2,176.00 Park Fee $284,508.80 12% of Public Improvements $204,647.51 Sub-total $1,016,451.94 CREDITS Est. Park Impr. (City Reimburses Dev.) $65,491.20 Cash escrow deposit $47,000.00 Regional Trail Segment 8A $25,710.40 Sub-total $138,201.60 TOTAL CASH PAYMENT $878,250.34 LETTER OF CREDIT — PUBLIC IlVIPROVEMENTS General $75,678.88 Sanitaiy sewer system $166,925.00 Water system $274,830.00 Water & Sanitary house services $93,862.50 Storm sewer $261,417.50 Street Improvements $442,946.25 Sidewalks $108,591.73 Bituminous Trails $163,987.85 St. lighting (base, conduit, wiring, etc.) $46,275.00 Sanitary Sewer (south of Militaiy Rd.) $33,381.25 Future Water Main Costs $0.00 Final Streets Escrow $125,823.75 -3- Park Improvements $65,491.20 Sub-total $1,859,210.91 CREDITS Trail Along 70 Street $23,510.00 Wateimain Oversizing $41,978.00 Sub-total $65,488.00 TOTAL $1,793,722.90 If any funds held under this agreement exceed the amount necessaiy to reimburse the City for its costs under this paragraph, such funds shall be returned to the Developer without interest. If it appears that the actual costs incurred will exceed the estimate, the Developer and the City shall review the costs required to complete the project and the Developer shall deposit additional sums with the City. iv. The Developer shall inform each builder that an escrow must be deposited with the City for each lot. The escrow must be deposited with the City at the time a building peimit is issued by the City. The purpose of the escrow is to insure certain private improvements (e.g. boulevard/yard sod, boulevard trees, curb stop inspection, right-of-way permit, property corner boundary markers and as-built survey and sidewalk repair, etc.) are completed before a certificate of occupancy is issued by the City. The Builder must plant a boulevard tree having a minimum tree tiunlc size of not be less than 2.5" caliper width. One (1) boulevard tree is required per lot, except for corner lots which must ha�e one (1) boulevard tree on each street of the property. The City Forester must be contacted for purposes of staking the location of the boulevard tree to be planted and approve the tree species. For a lot where the Certificate of Occupancy is issued between August 1 and Apri130, tree planting described in this paragraph must be completed by the builder by the 15th of June. For a lot where the Cei�tificate of Occupancy is issued between May 1 and July 31, tree planting must be completed by the builder by the 15th day of September. The builder's cash escrow will be posted with the City's Finance Director in a non-interest bearing account and shall be released upon completion of the certain private improvements. The minimum cash escrow for each lot is shown below: Lots 1 tluu 2, Block 1 Lots 1 thru 11, Block 2 Boulevard h•ee, boulevard/yard sod, driveway apron, Right- Lots 2 thru 7, Block 3 of-Way Permit and curb box inspection and corner lot $6,942.00 Lots 2 tl�ru 6, Block 4 boundary marker and as-built survey. Lots 2 thru 8, Block 6 Lot 3, Block 1 Lot 1, Block 3 Two boulevard trees, boulevard/yard sod, driveway apron, Lot 1, Block 4 ��t-of-Way Permit and curb box inspection and corner lot $8,104.00 Lot 7, Block 4 boundary marker and as-built survey. Lot 1, Block 5 Lot 1, Block 6 �� If the Developer is the only builder pulling permits within the Subdivision, the City at its sole discretion may accept a ii letter of credit from the Developer in lieu of individual builder escrows on each in an amount equal to or exceeding the total amount of cash escrow that would otherwise be required under this provision. c. The Developer records the final plat with the County Recorder within six (6) months after City Council approval of the final plat. d. The Developer agrees to furnish all labor, materials and equipment per the resolution approving the final plat for Eastridge Woods and pei�form the Public Improvements and utility repair and adjustment in confoimance with the Approved Plans. 3. Develo�ment Plans and Ri�ht to Proceed. The Developer may not construct any Improvements until all the following conditions have been satisfied: a. This Agreement has been fully executed by both parties and filed with the City Clerk. b. The necessary securities, warranties, and escrows as required by this Agreement have been received by the City. c. The City has issued a letter stating that all conditions of this paragraph have been satisfied and that the Developer may proceed. The Developer agrees that the Improvement work shall be done and perfotmed in a workmanlilce manner and all materials and labor shall be in strict conformity with the Approved Plans and City ordinances. Any material or labor supplied rejected by the City as defective or unsuitable per the Approved Plans shall be removed and replaced with approved material to the reasonable satisfaction or approval of the City at the cost and expense of the Developer. The Developer shall submit a written schedule indicating the progress schedule and order of completion of the Improvements. It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the Improvements, the City Council, in its discretion, may extend the date herein for completion and that any security required shall be continued to cover the Improvement work during this extension of time. It is distinctly understood and agreed that all Improvement work covered by this Agreement shall be done at no expense to the City unless otherwise agreed to by the City and the Developer. The City agrees to sealcoat the streets in the subdivision, at the City's expense, within two (2) years following the installation of the wear course paving in the Subdivision. The Developer agrees to have all Improvements substantially done, including the bituminous wedge on the street and fully completed to the reasonable satisfaction and approval of the City Engineer on or before November 15, 2013, except all concrete work must be completed by October 15, 2013 and the wear course/final lift of all streets in the -s- subdivision must be completed within tl�uee (3) years from the date all other Public Improvements are accepted by the City or when ninety percent (90 %) of the houses have been constructed, whichever is sooner. The Developer is responsible for the future expenditures to remove the temporary wedge, pave the wear course, repair curb and gutters, and restore impacted areas and any other Improvement that must be completed. 4. The Developer shall not do any work or fui�nish any materials not covered by the Approved Plans or this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City as provided in the Approved Plans. Any such work or materials which may be done or fuinished by the Developer's contractor without such written order first being given shall be at the Developer's own risk, cost and expense and the Developer hereby agrees that without such written order the Developer will make no claim for compensation for work or materials so done or fuinished. It is further agreed, anything to the contrary herein notwithstanding, that the City, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractors, material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or cause of any action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvement work and the Improvements and that the Developer will save the City harmless fiom all such claims, demands, damages, actions or causes of action or the costs, disbursements and expenses of defending the same, except for any such claims, demands, damages, actions or causes of action caused by the misconduct or negligence of the City or someone acting on its behalf. 5. Stakin�, Survevin� and Inspections. Developer must provide all stalcing and surveying for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for construction inspections, witness testing, review testing reports, conduct erosion control inspections and attend project meetings at the Developer's expense but in no case shall such expense exceed the cash payment for twelve percent (12%) of Improvement costs identified above and paid by the Developer as part of this Agreement. Developer must notify the City Engineer at least forty eight (48) hours in advance, not including weekend days or holidays, for inspection service or scheduling of tests to be performed. 6. Street Li�hts. The City will fuinish the street light poles and luminaries. The Developer is responsible for installing the street lights and providing all other street light improvements as shown on the Approved Plans. 7. Final Insnection/Acceptance. Upon completion of the Improvements, the City Engineer and representatives of the Developer's contractor and/or engineer will promptly make a final inspection of the Improvements. Before final acceptance and release of the securities by the City is made the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans and all City inspections for the work were performed, and the Developer's engineer shall submit a written statement attesting to the same. �i The Developer's contractor performing the Public Improvements for the Developer must submit to the City a one hundred percent (100%) wananty maintenance bond that shall run for a minimum of one (1) year. Said bond shall run from the date of acceptance by the City of all Public Improvements. At the time of final acceptance of the Public Improvements, if it is determined by the City that the Approved Plans were not adhered to, or that the Public Improvement work was done without City inspections, the Developer agrees to increase the length of the one hundred percent (100%) wai�•anty maintenance bond up to a maximum of five (5) years as reasonably determined by the City Engineer. The warranty period for streets commences after the final placement of the wear course. The City Engineer will notify the Developer in v�niting of the City's approval of the Improvements and schedule the request for acceptance by the City Council. The final approval and acceptance of the Improvements by the City Council shall constitute final approval and acceptance by the City without further action on the part of any party hereto. 8. Default by Developer. In the event of default by the Developer as to any of the Improvement work to be performed hereunder by the Developer, its successors or assigns, and the continuance of such default after written notice fiom the City and the expiration of the Cure Period (as defined below), the City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may draw upon any financial guaranty(ies) posted in conformance with this Agreement, provided, however, the Developer shall first be given an opportunity to cure the default for a period of at least thirty (30) days (except in emergency situations) thereafter as provided below. Said notice will be addressed to the Developer at the address shown below in Section 18. In the event the City draws from any financial guaranty(ies) sums that exceed the costs or damages to the City, the City will promptly retut�n such excess amounts to the Developer. Notwithstanding anything to the contrary contained in this Agreement, if the City determines that the Developer is in default of any of the terms of this Agreement, the City shall promptly notify the Developer of the default and/or non-compliance. The City agrees to provide the Developer a reasonable and appropriate amount of time, which shall not be less than thirty (30) days, for the Developer to col�rect any noted defaults, based on the measures that will need to be talcen by the Developer to correct the default ("Cure Period"). In the event Developer fails to coi said non-compliance within the designated Cure Period, the City may take any other remedy or action available to the City under the tei�rns of this Agreement. 9. Denial of Permits. Breach of any tei�n of this Agreement by the Developer or failure to comply with City ordinances shall be grounds for denial of building or occupancy permits for buildings within the Subdivision until such breach is corrected by the Developer. 10. Attornevs' Fees. The Developer wi11 pay the City's reasonable attorney's fees to be fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement, or in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. -�- 11. Assi�nment. The Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld, conditioned or delayed. 12. A�reement to Run with Land. The City agrees to record this Agreement among the land recor•ds of Washington County, Minnesota and the Developer agrees to record the `Basti Woods" final plat at Washington County, Minnesota. The provisions of this Agreement shall run with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Subject Property or any part thereof shall relieve the Developer of its liability for full perfoimance of this Agreement unless the City expressly so releases the Developer in writing. 13. Release. Upon completion and approval of all Improvements required herein, including completion and acceptance of the Improvements and satisfaction of all of the Developer's obligations under this Agreement, the City agrees to execute an instrument (in form sufficient to remove this Agreement as a further encumbrance against the Subject Property) releasing all of the Subject Property fiom the terms of this Agreement. 14. Severabilitv. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 15. Consent. The Owner represents and wat7ants that the Developer is the only person or entity interested in the Subject Property. 16. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 17. Chan�es in Official Controls. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved preliminary plat and final plat unless required by state or federallaw or agreed to in writing by the City and the Developer. 18. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: D.R Horton, Inc. - Minnesota Attn.: James Slaikeu, Division President 20860 Kenbridge Ct, Suite 100 Lalceville, MN 55044 -a- Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by cei mail in care of the City Administrator at the following address: City of Cottage Grove Attn.: City Administrator 12800 Ra�ine Parkway South Cottage Grove, MN 55016 19. Prior Agreements. This Agreement supersedes and replaces any prior development agreements afFecting the Subject Property. 20. Mail Boxes. The Developer is responsible for the placement of a mailbox for all the lots within the Subdivision and must comply with the United States Postal Service's mailbox design and placement guidelines. The mailboxes must be of similar design and color within the Subject Property. 2L Sidewalk and Trail Maintenance. If the City does not provide snow removal on the trails or sidewalks within the Subject Property, the homeowners association or the property owner(s) adjoining the trail or sidewalk must remove the snow and/or ice as determined by the governing documents of the homeowners association. The homeowners association and property owners within the Subject Property will not be responsible for snow removal or maintenance on any trails or sidewalks located within or adjoining the South Washington Watershed District property, outside the Subject Property or within any Washington County right-of-way. 22. Park Dedication and Park Improvements. The Developer is required to either dedicate ten percent (10%) of buildable area in the Subject Properry as park land, pay a cash contribution in lieu of land dedication at the current rate of Three Thousand Two Hundred and No/100 Dollars ($3,200.00) per Lot, or a combination of land dedication and cash contribution to satisfy the City's park dedication requirements. The total park land dedication for the Subject Property is calculated as follows: 52.62 Net Buildable Acres x 10% = 5.26 Acres As part of this final plat, the Developer shall dedicate Outlot H and Outlot K, Eastridge Woods to the City, which contain 1.77 net acres of park land dedication. Such land dedication constitutes 33.65% (1.77 acres = 5.26 acres) of the total park dedication requirement for the Subject Property and the total park dedication required to be dedicated. The remaining cash park dedication requirement for the Subject Property is calculated as follows: 134 Lots x$3,200 per Lot x 66.35 =$284,508.80 The Developer and the City have agreed that the Developer will construct park improvements on Outlot H, Eastridge Woods with this final plat and receive a credit against the park dedication requirements in future final plats equal to the total design and actual construction -9- costs of the park improvements plus five percent (5%) (the "Park Costs") for Developer's design and contract administration. The construction costs for park improvements as illustrated in the Concept Park Plan attached as E�ibit B are estimated to be Tluee Hundred Fifty Thousand and No/100 Dollars ($350,000.00). If the actual park improvement costs and the five (5) percent design and contract administration costs are greater than $284,508.80, the City agrees to reimburse the Developer the difference in cash upon completion of the park impi•ovements. The Developer must submit invoices for all related park improvements for cost verification. The $284,508.80 park fee is based on the entire 1341ot subdivision and the Developer agz•ees to make full payment of this park fee with Phase 1 of Eastridge Woods. The City will provide construction obseivation for the park improvements. 23. Off-site Trail Im�rovements. The Developer will construct all the trail segments labeled 5, 6, 7, 8, 8A, 10, 12, 13, 14 and the westerly two-thirds of 13 as shown in Exhibit C. The Developer will construct the trail segments 4, 9, 11 and the easterly one-third of 13 at the time the adjoining phases develop. The Developer is responsible to pay the costs of all trail segments, except for segment 8A and one-half of 5 as shown on Exhibit C. The City will pay the actual construction cost for trail segment 8A. The City will be responsible for the trail sealcoating of segments 4, 6, 8 and 8A. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. SIGNATURES APPEAR ON NEXT PAGE -lo- D. R. HORTON, INC.-MINNESOTA By: �'�, /� ��� J es R. Slaikeu, Vice President CITY OF COTTAGE GROVE: : Myron Bailey, Mayor IC Caron M. Stransky, City Clerk ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA COUNTY OF WASHINGTON ) )ss. ) The foregoing instrument was acknowledged before me this day of , 2013, by Myron Bailey, Mayor and Caron M. Stransky, City Clerk of the City of Cottage Grove, a Minnesota municipal corporation, on behalf of the corporation. (Notary Seal) Notary Public ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA COUNTY OF � � ��� ) )ss. ) On this �,l day of 1'��'�-�' , 2013, before me, a notary public within and for said County, personally appeared .T es R. Slaikeu, Vice President of D. R. Horton, Inc.- Minnesota, a Delaware corporation on behalf of said coxporation. �� CARLA A JENSEN � ��'� �� � � � ' NOTARYPUBLIC-MINNESOTA �� � ��� , MYCOMMI9SION IXPIRES 01/31/18 taiy Public i (Notary Seal) THIS DOCUMENT DRAFTED BY: Community Development Department City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 � EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY Parcel No. 1: Tract B, Registered Land Sutvey No. 63, on file and of record and in the office of the registrar of titles, Washington County, Minnesota (containing 16.4 acres, more or less) Parcel No. 2: That pai�t of Tract C of Registered Land Suivey No. 63, on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: beginning at the southwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along the west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to the south line of said Tz•act C; thence North 89 degrees 29 minutes 33 seconds West, along said south line, a distance of 429.40 feet to the point of beginning. Containing 9.8 acres, more or less. Subject to that part taken for 70th Street South and drainage and utility easements of record, if any. � � �I That part of Tract C of Registered Land Survey No. 63 on file and of record in the office of the Register of Titles, Washington County, Minnesota, described as follows: commencing at the southwest corner of said Tract C; thence North 1 degree 12 minutes 45 seconds East, bearing assumed, along the west line of said Tract C, a distance of 1232.25 feet; thence South 41 degrees 11 minutes 25 seconds East a distance of 636.72 feet; thence South 1 degree 12 minutes 45 seconds West a distance of 756.79 feet to the south line of said Tract C; thence South 89 degrees 29 minutes 33 seconds East, along said south line, a distance of 335.08 feet to the point of beginning of the land to be described; thence North 1 degree 12 minutes 45 seconds East a distance of 1271.86 feet; thence North 74 degrees OS minutes 37 seconds West a distance of 790.26 feet to said west line of Tract C; thence North 1 degree 12 minutes 45 seconds East, along said west line of Tract C, a distance of 646.39 feet to a point described as follows: commencing at the northwest corner of said Tract C; thence South 1 degree 12 minutes 45 seconds West, bearing assumed, along the west line of said Tract C, a distance of 527.85 feet to said point; thence South 78 degrees 32 minutes 09 seconds East a distance of 544.58 feet; thence North 39 degrees 08 minutes 55 seconds East a distance of 121.97 feet to its intersection with a line parallel with and 60.00 feet southwesterly of, as measured at right angles to the northeasterly line of said Tract C; thence South 49 degrees 34 minutes 57 seconds East, along said parallel line, a distance of 477.49 feet; thence North 40 degrees 25 minutes 03 seconds East a distance of 60.00 feet to said northeasterly line of Tract C; thence southeasterly, along said northeasterly line, to the northeast corner of said Tract C; thence southerly, along the east line of said Tract C, to the southeasterly corner of said Tract C; thence westerly, along the south line of Tract C, to the point of beginning. Containing 34.8 acres more or less. Subject to that part taken for Military Road and 70th Street South and drainage and utility easements of record, if any. The above property is situated in Washington County, State of Minnesota. -12- � EASTR/DGE WOODS KNOW A(L PERSqlS BY INESE PRESfN75: )Ilat O.R. Harton, Inc—Mfnno�oto, a Oelawore corparotlon, foa ownor o/ tho /ollow)nq De�rllbed p per(y slfuoted !n the Counfy oI WosM1lnqfon, Sfote o/M,nnesofa, to wlf: Parro� Na. I �act B. Ragfn(eretl Land Surwy No. 6J, an lila anR ol recars ontl ln No olfce ol tAe ReglcNar oI Iltle�, No..nington Counfy, Minnesofo. Parcel No. ? 11ia1 pait o/ Tracf C o/ Re9latereR LanC Survoy No. 6J, ar Pln onJ oI racord !n fho o/ICC ol fhe Rrs9(afrar o/ PMOS, Was�ln�fon County, Mfnnosoto, do:crlEad v� /allow:: Oeglnnlnq at tha :ou:hwo�t c r o/ safd T oct C: fhonce NorN ] dagrea 13 minufoa 45 mda Eaa[, beoAnq ascumep, olo�g fhe w f l(ne ol vold Trocf C, a pl�fonco o/ )�J2�5 {eat th ouN 4 deqreos )i minutax 23 aoconEa Cost dl5(an<a o/ 6J6.)2 (eet; Ihanco Soulh 1 daqroo 12 minufao 45 socanCa Weat a Clafpnca of ]56.]9 foot fo fha svu(h llna aI �aiC T ocf C' (hanca North 89 dogroea 29 mTUfos JJ neconOS We�f, alanq �oIE :ouf� llnq o Ci:tonce o/ a_9,4a /ee! to fhe potnf al bagfnning. and Thof Oart o/ Troc! C of Roql�tarotl LanC Su�rey Na. 6J on lila ond of rorortl In fha office o/ lhe Re9f>for o/ Ptlrza, Wax�lnpfon Cowfy, MAncaofa. Ce:cribed as fdlows: c mencfnq af !he soufhweaf c ♦ o/ spltl Troct C: fhence NortM1 1 degree 11 mfn�fns JS �ecanC: Caat, boaAnq a numed, alon9 fhn ��f Ifna o/ �vltl Troet C, o Cl.efanen of �1]2.15 fneF, fhenea Saulh �1 Cx a 1 � minufus 15 �a EaWf o o/ 6J6.13 laat; thonca SouN 1 tleA/ea 12 minufac 45 �ocanCa Wasf a di�fonro o/ 156.>9 /aot to (he aaufh llne o/ :aiJ � acf G M ce SvuM H9 Ccyrae: =9 m nufes J3 aeconda Eovf, along :altl aoufh llne, o di:tance o/ J35.08 /aaf fo Ma polnf o/ beqlnning ol Ne lontl to ba OoscrlbaE; thwrca Nort� t degreo� I1 minufoa 45 aoconEa Eos[ o tlls:onco o/ 1211.8e /aat , Aenco Norfh l4 degieea 05 m)nufea Jl aecanOS Wect a tllufonce o/ M0.16 fea( (a vald wevf line o/ Tracf C; fAenca Nor(h 1 tlegree minu ev IS va es Eoat !an sold weat Ifnn a/ T act C, a Clefonco o/ L46.J9 feaf ro o potnf dascrlDod aa % lowa: c men !n of [�a norfhwo�f c� ar o/ sdtl lract C; thencv SouN 1 Ooprao IT minutaa IS vec tls Wa�l, Daorinp oaaumod, alon7 f�e�wa ! llno ol:alR hocf C, a dl�tance o/ 5_1.95 /eet fo said point; tnenca Savfh �B tlegreea 3� minute� 09 ;aronds Eo:f o Cisfance o/ 544.58 /naf�; fhnnca North S9 tlagrees 09 mMufea 55 sec Easf a d�alance o/ 1)).9] /eet ta !t5 Infur�actlon wIN a linn p�amllol IfH and 0/eet soufhwnferly o% o at rlght anples ta !he nwf�eo�fn/y If�e a/ �v10 hoc! C; f�ence South s ea Jd m(nulas 5) secontla Eact, a ong salJ parallel llne, a al 4>J.J9 /aet; tn ca NorM 40 tleqreas 25 minula� OJ iecondn Ea.f a Cl.tance o( 60,00 /eet to rpid norMeoslerlyllne o/ Trac[�C,� thence �ovfheaa!erly, olon0 so�� northeo•.feAyllne, to fhe norfheaat o/ �a10 Trocf C; Mence :oufl�crly, alonq fhc ca>f llne o�a10 iacf C, fo fhe aoufheaaferly cwner o/ �altl Tracf C; fncna wa ferty, alonA f�e xoufM1 llna o/ Ira<f C, lo fha Polnf o/ be9innlnq. uveC fho :a o be surveyn0 C platfed oa EASIRIOCE IfO00S on0 Co hereby Janafo ond dadicofa to Me publle Iar publ(c u� /orner tna pu0/�c woy., os shown on thls plat onC also EeClcote Me vasement� o> creotad Cy fhla plat Ior Crolnv9e antl utllffy pvi➢o�ea. !n ifne�> whcieof salC O.R. Harfon, Inc.—Mlnne�ota, o Oelvwre eorporot(on, �a� covaed fhexe pre�enlz to ba alpneC �y It� proper ol/lcen t�l.: _ tlay a/ 20� D.F. HORRXJ, ING—MINNESOTA By If� STAIE OF NINNE507A CIN/Ntt OF I' o Iwo9oin9 Invtrvmanf wa o o/�D.R,�N� Q Ortonvinc—.Nfnnesofa. v Delowore o lan on be�a!/ o/ Me co bY c rpora: ryorat/on. Notory Public, Counfy. Minne:ofo My Commis>�on Explrcz �' ' ' I M1areOy certily lhat I haw surveyed ond O�atted or tlirecfly svpaMaad fhe vurroy on1 plott�ng f Ma proparfy da��riba0 on tht� plaf a� FISIRIbCE N1JLpS that I om a duly llcenaetl Land Surve�or in the Slatc oI Mlnncaoto: that thls plat I� o c ect repieaentaflon o( Me boundory purvey that all maihema(lc�al dofv and labclt a aefly de:ignafed on fhe plof; fhat oll monumenls deplefed on fha plaf haw bem o wfll ba conoclly vef wlNin ona year os intl(cafe0 on Mo plot, Maf all wo(er bounCories anC wof IanOC oa dafines ln MS 505.01. SuCC 3 exl�fln9 a� ol the tiv(e o/ fhivi certl(cotion oie .hown ond IaDeleC on f�e plot, and thot oll pu0llc wap ore �hown ond aboled on fhe pla[. Oatea thla � y 2C_ Gvig W. Mor.a. Llcar�eJ Land Surveyvr Mlnneaota Llcense No. 1,)011 STAIE C£ I/1NN60TA COlINTY OF HOlNEPIN fie Iorepoing Surveyor; Cert/RCVfa w^ ocx owladqeC ba/a�u mv thlv _ day ol 20_� by Ciat9 W. Morve, Llcensed Gand Survryvr, lalnneaofv Llcense Na. ?3021, Notary Publlc. County, Mlnna�ofo My Commlasion fxplra� � CI)Y PL1NNlNC COMMISSIdJ Approvetl by the Planrring Commissfon o/ tho Clfy ol Co;togo Grore. Mlnnasafa, ot o reqular meelfng fhereo% on (ha day o/ ]0� ey By GIY OF COITAGE G401� MINN£SOTA Ihln plat wcs opproreC Dy tha Cf(y Covncll o) !ho City a/ ColfaOo Grow, Mfnnesolv lhlv da a/ Zp� anE M1ereby cartlllev c mpllonce wlth all raq ments oa sef /arfh !n Mlnne�oto Sfotufea, S n OS.OJ, SubdfN�lan �. By By pWN]Y 5(JR4£YL1P f fo Chopto� 930, Low� o/ Mfnneaoto, 19]1, and In o<cortivnco wifh Mlnnoao[a Sfafutaa, Secflen 505.02�, SvbE, 11, !hl> plof �a� baen and oppmrod thl: _ doy o/ �p� By Wa�hln�(vn Coun(y SurveJnr CIX/N1Y ]HEASURfR—AUDIT(M Pu�nuan( fo Mlnneaofo Sfvlufe:. Stt()an 505.P21, Su60. 'J, fore� poyvble in fhe yca� 20_ on Ihe lond herelnDe/ore de>crlbed hovc e pofp. Also, puruant ro Mlnnaealo Stofufes, :ecllon 2J21_, t�xa oia no delinquant foxas ane hons/rr antared Mls _ Coy ol 20_ By g Wo.anln9ton CovnfY ��avurer—AUtlifcv CdIN1Y HECOROER Oocuman[ Numbor I nne�y ce�tl/y Mat Ihl� Inatrumenf w�(letl in Me olfce a) the Counfy Recortlei /or record on fhl> doy o/ ?O� af o�lock _�M., and wva duly rnror�nd In Nbah/ngton Counfy Rncaia�. ey Weahington CounfY Hecortlar Oy peuutv Cd/NIY FEGISIRAR p� ]lRfS Oocuman( Num6er l noraDy cartlly tho! thla ln�trumarf wox llad In tho o/llco o/ !no Regl�tror oI nflaa Ior recorC on thla Cay o/ 20_, ot _ o'Nock �M., ontl wo� dvly racordoC !n Waahington Covn(y Raco�da. By g Waahinglcn Counfy Roglafroi o/ Tifloa Oopuly � ( Westwood Professlonal5ervices, Inc � Shoaf I ol 3 �hooto I J � L� DE7AlL i --� \ti —_—__----�_—_---- � \�'' '�,��' I I � 1 h � ��A / � I 2 � '4, I I � t e-roau•�_ � I � zse :1 � ..$ �. � 6 � � 90 \ I � i �F4 ?6. \ '�+a`' 8, � $� � I I �2oro i.a� � x'ti *' I � � 1 � ° � 0 i Q 1 Im � aY CIqLOT,e I �� e __" _ p �.o:_ 1 ' ' � .a� � ,.. I xes�ae•vw �oovs I — — — — — — — — — — — — — — — — — — — — — — ( SO 0 JO 60 30 Scale In /eef EASTR/DGE WOODS INSET I I.o � � � (FROM SNEET 2 OF J SHEE75) ���� NOf 26'44 E 511.15 I �'�., � � � ^ �.�..,: _ ap._e , y � �',..��. � � 9zo � 'H „ ` fi�- . I � ,-'_ ' 'F ____�. I �,,.. ___�1'� : I la ° I �F____ �� �o �_" I . 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OF COTTAGE GROVE NEbVUtND AND WOZNIAK PP.OPERT?ES TRAIL SEGMENT INFORMATION SEGMENT LENGTH � COLOR (LF) i --- 744 lA 112 2 526 3 726 4 ?45 5 920 6 1630 7 357 g - - 243 8A 1087 9 ' 147 10 =- - 430 11 Z04 12 131 13 630 14 - 337 15 I 661 0 � ! tV 0 300 600 Norizontal Scale In F?et ! i i ;: F?GURE 1 �� _ �C m � � � � � � liJ •; L'S T.� t '.F!;r�' I . . �.p'd;� �,11 : +, Il!::�1!'+ `,^M11P; �;.?'1..1... �Jl'i'U]-�',.�