The developer must establish a financial security.

“developer entering into a development agreement with the City, establishing a financial security and payment of all City”

All street designs and construction plans must be reviewed and approved by the City Engineer.

“All street designs and construction plans are subject to review and approval by the City Engineer.”

The new local street connection to Highway 47 must comply with all requirements of the MnDOT access permit.

“the connection of the new local street to Highway 47 must comply with all requirements of the access permit.”

Because it differs from City standards, the cul-de-sac on the west end of 192nd Circle must be reviewed and approved by the City Council.

“The cul-de-sac on the west end of 192nd Circle differs from City standards and therefore is subject to City Council review and approval.”

The final plat approval requires the project to adhere to all approved grading, drainage, stormwater, and construction plans unless the City Council approves changes in writing under the development contract.

“A condition of Final Plat approval shall be adherence to all grading, drainage, stormwater and construction plans unless otherwise approved in writing by the City Council”

All septic sites must be outside drainage and utility easements and must be protected by orange construction fencing before grading begins and during home construction on individual lots.

“All septic sites must be located outside of drainage and utility easements and protected by orange construction fencing prior to grading commencing and during home construction”

Accessory buildings are limited to 3,200 square feet per single-family lot within the Breyen's Bend development (as contained in the covenants).

“Accessory buildings have been limited to 3,200 SF per single family lot within the development which is contained within the covenants drafted for Breyen's Bend.”

The developer must enter into a development agreement with the City.

“approval of the final plat subject to the attached findings of fact, the developer entering into a development agreement with the City”

The developer must pay all City fees and outstanding review costs.

“establishing a financial security and payment of all City fees and outstanding review costs.”

The final plat must remain consistent with the RRA zoning district and its allowed single-family and accessory uses.

“The Final Plat is consistent with the RRA, Rural Residential Agriculture Zoning District which allows for single family residences”

The project must meet all platting requirements of Chapter 10 of the Nowthen City Code.

“The request meets all platting requirements of Chapter 10 of the Nowthen City Code.”

The project must meet RRA density, lot size, and setback requirements, except as modified by the approved 20-foot front setback variance.

“meets all density, lot size, and setback requirements of the RRA, Rural Residential Agriculture District, except for the 20-foot front setback Variance”

All aspects of the final plat must follow the approved grading, drainage, and construction plans dated December 15, 2020, subject to City Engineer review and approval.

“All aspects of the Final Plat shall adhere to approved grading, drainage, and construction plans (Breyen's Bend Residential Development Plans dated December 15, 2020)”

All aspects of the final plat must comply with the Breyen's Bend Residential Development Stormwater Management Report dated December 2, 2020, subject to City Engineer review and approval.

“Final Plat adhere to Breyen's Bend Residential Development Stormwater Management Report, dated December 2, 2020, prepared by Bogart Pederson”

Highway 47 access must include the required southbound right-turn lane and comply with all MnDOT access permit requirements.

“Local street access to Highway 47 shall be constructed with the required southbound right turn lane and shall comply with all requirements of the MNDOT access permit.”

Fluorine Street must include a temporary cul-de-sac to allow for future access and development to the north.

“Fluorine Street shall contain a temporary cul-de-sac for future access and development to the north.”

The Developer must, at its sole expense, construct all on- and off-plat infrastructure improvements as detailed in the Plans and Specifications for Breyens Bend on file with the City Clerk.

“The Developer, at its sole expense, shall construct those Infrastructure Improvements located on and off the Plat”

If the plans vary from the written terms of the Agreement, the written terms of the Agreement control.

“If the plans vary from the written terms of this Agreement, the written terms shall control.”

All improvements must be built according to the Approved Plans and any plan revisions require prior written City approval.

“All such improvements shall be constructed according to the Approved Plans”

Unless the City Engineers specify a later date, infrastructure improvements must be installed by October 1, 2021.

“the Infrastructure Improvements for Breyens Bend shall be installed by October 1, 2021”

Erosion control, drainage swales, and berming must be installed upon initial grading of the plat.

“erosion control, drainage swales and berming, which shall be installed upon initial grading of the Plat”

The wear course of bituminous pavement must be installed after July 1 but before August 31, one winter after the first lift of asphalt is installed.

“the wear course of bituminous pavement to be installed after July 1, but before August 31, one winter after”

The developer must warrant for two years after City acceptance that the infrastructure improvements meet City standards and have no significant impairments due to improper construction, poor materials, or faulty workmanship.

“Developer warrants to the City for a period of two years from the date the City accepts”

Any revisions to the Approved Plans must be submitted to the City for prior written approval.

“Any revisions to the Approved Plans shall be submitted to the City for prior written approval.”

Parcel A must be combined with PID 26-33-25-44-0008 owned by Joshua and Angela Deal at 19077 Lithium Street NW as shown in Exhibits C and D.

“Parcel A (19.61 acres more or less) is combined with PID 26-33-25-44-0008, owned by Joshua and Angela Deal at 19077 Lithium Street NW, as shown in Exhibits C and D.”

The City will not accept any infrastructure improvements until a licensed professional engineer retained by the City certifies in writing that they were installed according to the Approved Plans.

“No Infrastructure Improvements shall be accepted by the City until such time as a licensed professional engineer”

Proof of recording of the Dehn lot split and purchase of the Dehn parcel by Larry Skogquist must be provided to the City.

“Proof of recording of the Dehn lot split and purchase of the Dehn parcel by Larry Skogquist shall be provided to the City.”

The City may have City Engineers and/or designated representatives present for inspections during construction and installation of the infrastructure improvements as it deems necessary.

“The City shall, at its option, have the City Engineers and/or designated representatives present”

Either a 24-foot street width variance applies, or the revised plans must show the required minimum 28-foot street width.

“A Variance for street width is granted at 24 feet or the required minimum of 28 feet shall be shown on revised plans.”

Approved vegetation must be established over all lot areas not covered by hard or impervious surfaces in accordance with the Approved Plans.

“Approved vegetation (if any) shall be established over all areas of any lot not covered”

The project’s covenants must include a 3,200 square foot maximum for accessory buildings.

“Discussion about accessory buildings, agreeing to have 3200 SFft accessory bldg. limit as part of the covenants.”

The developer must install street signs, at its own expense, of the type and at locations required by the City Engineers and in conformance with the MnDOT MUTCD.

“Developer shall, at its own expense, cause to be installed street signs of such type and at such locations”

The project is approved for a variance allowing 24-foot paved street widths on through streets and a 22-foot paved street width on the permanent cul-de-sac at the end of 192nd Circle.

“A Variance for 24-foot paved street width is approved for through streets (192nd Circle and Fluorine Street) and a 22- foot paved street width”

The City must publish notice of the public hearing in the official newspaper at least 10 days before the hearing.

“Notice of the hearing shall be published in the official newspaper at least ten (10) days prior to the hearing”

The developer must establish a financial security to guarantee performance of the work as required by the Development Agreement.

“As a provision of the Development Agreement, the City requires that the Developer establish a financial security to guaranty the performance of the work.”

The City Clerk must send notice of the hearing to all property owners within 1,320 feet of any subdivision boundary.

“shall be sent to all property owners within one thousand three hundred twenty (1,320) feet of any boundary of the subdivision by the City Clerk”

No structures may be located within any drainage, utility, access, or lot line easement.

“Easements: No structures may be located within drainage, utility, access or lot line easements.”

Formal approval of the Breyen's Bend Preliminary Plat cannot occur until Larry Skogquist is the legal owner of the Dehn parcel or Rick Dehn signs a revised Preliminary Plat application.

“Formal approval of the Preliminary Plat cannot occur until Larry Skogquist is legal owner of the Dehn parcel or Rick Dehn's signature is contained on a revised Preliminary Plat app…”

The developer must limit accessory building sizes to 3,200 square feet.

“the Developer has agreed to limit the accessory building sizes to 3200 sq ft.”

The project’s proposed access to Highway 47 must be reviewed and approved by MnDOT and must comply with all requirements of an access permit.

“The proposed access must be reviewed and approved by MNDOT and comply with all requirements of an access permit.”

The developer must maintain the roadways until the first layer of blacktop is installed.

“Developer is planning to maintain the roadways until the first layer of blacktop.”

Maintenance responsibilities for the island areas at the cul-de-sac and subdivision entrance must be documented in a deed restriction and/or the developer’s agreement.

“Maintenance responsibilities of the island area here and at the entrance to the subdivision shall either be documented in a deed restriction and/or in the developer's agreement.”

Parcel B must be incorporated into the pending plat entitled Breyen's Bend or otherwise combined with parcel PID 25-33-25-32-0002 owned by Larry P. and Bonita J. Skogquist at 19112 St. Francis Blvd.

“Parcel B (19.59 acres more or less) is incorporated into a pending plat currently under review by the City of Nowthen entitled Breyen's Bend or is otherwise combined with parcel PI…”

The lot split must be recorded with Anoka County and proof of recording must be provided to the City.

“The lot split is recorded at Anoka County and proof of recording is provided to the City.”

The applicant must pay all costs associated with this request.

“The applicant is responsible for all costs associated with this request.”

The preliminary plat must meet all density, lot size, and setback requirements of the RRA district, except as allowed under an approved front setback variance.

“The request shall meet all density, lot size, and setback requirements of the RRA, Rural Residential Agriculture District”