96-047 RES RESOLUTION NO. 96 - 47
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
North Meadows Corner
Case No. 96-6
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property
legally described on attached Exhibit A and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on July 15, 1996; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
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The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
The proposed subdivision will not cause substantial environmental
damage.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
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The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
This final plat approval shall expire two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member
Farber and duly seconded by Council Member
Holm~ren The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Scheel, Farber
and Holmgren
The following voted against the Resolution:
None
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted.
~--l~ ,1996.
Passed and adopted this /.5- day of
~efi~:Duitsman~ Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct cop)~ of the resolution as adopted by the City Council of the City of Elk
River on L~'~..~ /_5'~ ,1996.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ×~day of ~.,~ ,1996.
S~ar~dra Thackeray, ~~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
rv~ne~s taThe foregoing instrument was acknowledged before me this /~"'~ay of
· , 1996, by Henry Duitsman, Mayor, City of Elk River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /~ day of
~"~f, , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
That part of the West Half of the Southwest Quarter of Section 7, Township 33,
Range 26, Sherburne County, Minnesota, described as lying northerly of the
following described line: Commencing at the Southwest corner of said West Half
of the Southwest Quarter; thence on an assumed bearing of the North 1 degree
31 minutes 02 seconds East along the West line of said West Half of the
Southwest Quarter for a distance of 691.70 feet; thence South 88 degrees 28
minutes 58 seconds East for a distance of 266.00 feet; thence North 1 degree 31
minutes 02 seconds East parallel with said West line of the West Half of the
Southwest Quarter for a distance of 811.72 feet to the Northwest corner of the
duly recorded plat of NORTH MEADOWS, said Sherburne County; thence North
74 degrees 39 minutes 14 seconds West along the centerline of County Ditch
No. 1 for a distance of 273.94 feet, more or less, to intersect said West line of
the West Half of the Southwest Quarter, said point of intersection also being the
actual Point Of Beginning of the line to be hereby described; thence return South
74 degrees 39 minutes 14 seconds East to said Northwest corner of NORTH
MEADOWS; thence continue South 74 degrees 39 minutes 14 seconds East
along the North line of said NORTH MEADOWS for a distance of 748.63 feet;
thence South 68 degrees 47 minutes 08 seconds East along said North line of
NORTH MEADOWS for a distance of 248.41 feet; thence South 87 degrees 40
minutes 39 seconds East along said North line of NORTH MEADOWS for a
distance of 257.93 feet to intersect with the East line of said West Half of the
Southwest Quarter and there terminate.
EXCEPTING therefrom the two following described tracts to-wit:
1) The South 300 feet of the North 650 feet of the East 365 feet of the
Northwest Quarter of said Southwest Quarter of Section 7.
2) The North 673 feet of the West 400 feet, as measured at right
angles, of said West Half of the Southwest Quarter of Section 7.
Containing 37.44 acres, more or less. Subject to that part thereof taken for
217th Avenue N.W. along the North line of said West Half of the Southwest
quarter. Also subject to that part taken for County Road No. 32 over and across
the East 50 feet of said West Half of the Southwest Quarter. Also subject to
other easements of record, if any.
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EXHIBIT B
A developers agreement be prepared outlining the terms and
conditions of the plat approval and installation of any improvements.
Comments as requested by the Sherburne County Highway
Department be incorporated as part of the plat.
All of the comments of the City Engineer's memo dated June 19, 1996
be incorporated into the revised preliminary plat and made a condition
of this approval.
Appropriate permits from Sherburne County Highway Department for
any work done within the county right-of way be obtained prior to
commencing work.
Surface water management fee in an amount required by the City at
the time of final plat be paid prior to recording the plat with
Sherburne County.
All wetlands on the site be delineated and wetland joint notification
form be completed and filed.
Drainage and utility easements be granted to the City over the
wetlands and drainage ditches found on lot 1 and lot 3.
Park dedication fee in the amount required by the City at the time of
final plat be paid prior to releasing the plat for recording.
The existing buildings, which do not comply with the setback
requirements, be removed prior to recording the plat with Sherburne
County.
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