96-048 RES RESOLUTION NO. 96 - z~ ~
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Mississi_D_~i Oaks 2nd Addition
Case No. P 93-5
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 April 19, 1993, with an extension granted on February 27, 1995; 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:
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
o
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.
Eo
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
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
conditior~s 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
Proper~y 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
Farber
Scheel
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Council Members Farber and Scheel, Mayor Duitsman
The ~l!owing voted againstth9 Resc!ution:
Council Members Holmgren and Dietz
The ~l!owing were absent:
None
s:\document\r~soluti\93-4fp.doc
Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this .
day of
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. p.,y of the resolution as adopted by the City Council of the City of Elk
River on ~-'~-~ /'.J'"-- ,1996.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /--~:~day of ~ ~ ,1996.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ay of
(~ne~s ;. , 1996, by Henry Duitsman, Mayor, City of Elk River,
~iot~ry Public
s:\document\resoluti\93-4fp.doc
Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /~'-e~day of
~ , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
I~innes~ta.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
s:\document\resoluti\93-4fp.doc
Page 4
EXHIBIT A
That part of Government Lot 3, Section 5, Township 32, Range 26,
Sherburne County, Minnesota, described as lying southerly and easterly
of the Southerly and Easterly lines of the duly recorded plat of
MISSISSIPPI OAKS, said County, said line being further described as
"Line A" on said plat; and lying southerly and westerly of "Line B" to
be hereinafter described, and lying northwesterly of "Line C" to be
hereinafter described:
Said Line B is described as Beginning at the most Easterly corner of
Lot !9,. Block 2, said MISSISSIPPI OAKS;i thence South 89 degrees 37
minutes 01 seconds East a distance of !20.86 feet; thence South 73
degrees 11 minutes 24 seconds East a distance of 122.05 feet; thence
South 66 degrees 35 minutes 57 seconds East a distance of 100.00
feet; thence South 23 degrees 24 minutes 03 seconds West a distance
of 131.38 feet; thence South 80 degrees 50 minutes 14 seconds East
a distance of 72.22 feet; thence South 66 degrees 35 minutes 57
seconds East a distance of 235.07 feet and there to terminating.
Said Line C is described as Beginning at the point of termination of
the above described Line B; thence South 30 degrees 14 minutes 21
seconds East a distance of 353.21 feet; thence South 14 degrees 30
minutes 37 seconds East a distance of 208.14 feet; thence South 52
degrees 58 minutes 05 seconds West a distance of !33.60 feet; thence
South 44 degrees 36 minutes 06 seconds West a distance of 124.23
feet; thence South 25 degrees 37 minutes 57 seconds West a distance
of 141.53 feet; thence South 38 degrees 04 minutes 42 seconds West
a distance of 120.12 feet; thence South 43 degrees 07 minutes 52
seconds West a distance of 134.57 feet; thence South 49 degrees 38
minutes 15 seconds West along said Line C a distance of 253 feet,
more or less, to intersect the shoreline of the Mississippi River
and there terminating.
EXCEPTING that part of said Government Lot 3 described as Commencing at
the Northwest corner of Lot 1, Block 3, of said MISSISSIPPI OAKS; thence
easterly along the north line of said Lot 1 being a curve concave to the
south, radius 420.00 feet, a central angle of 20 degrees 09 minutes 26
seconds and length 147.76 feet to the Northeast corner of said Lot 1 and
the Point Of Beginning of the land to be hereby described; thence
continue easterly along the easterly extension of said curve having a
central angle of 14 degrees 03 minutes 0! seconds and length 102.99
feet; thence easterly along a reverse curve concave to the north, radius
280.00 feet, a central angle of 7 degrees 45 minutes 50 seconds and
length 37.94 feet; thence southerly along a non-tangential curve concave
to the east (the chord of said curve bears South 12 degrees 31 minutes
54 seconds East), radius 260.00 feet, a central angle of 40 degrees 50
minutes 18 seconds and length 185.32 feet; thence southerly along a
reverse curve concave to the west, radius 230.00 feet, a central angle
of 46 degrees 28 minutes 53 seconds and length 186.59 feet; thence South
13 degrees 3! minutes 50 seconds West tangent to said curve a distance
of 22.59 feet; thence North 66 degrees 05 minutes 30 seconds West a
s:\document\resoluti\93-4fp.doc
Page 5
distance of 209.49 feet to the most southerly corner of Lot 3, said
Block 3, MISSISSIPPI OAKS; thence North 10 degrees 54 minutes 19 seconds
East along the easterly line of said Lot 3 a distance of 185.73 feet to
the Northeast corner of said Lot 3; thence North 18 degrees 03 minutes
40 seconds West along the easterly line of Lot 2, said Block 3 a
distance of 78.21 feet to the Southeast corner of said Lot 1, Block 3;
thence North 4 degrees 47 minutes 21 seconds West along the East line of
said Lot i a distance of 102.12 feet to the Point Of Beginning.
For the purposes of these descriptions the West line of said Government
Lot 3 is assumed to bear North 0 degrees i8 minutes 04 seconds West.
s:\document\resoluti\93-4fp.doc
Page 6
EXHIBIT B
A developer's agreement be prepared and executed outlining the terms
and conditions of approval.
Comments contsined in Terry Maurer's memo dated July 1, 1996, be
incorporated as part of the approval for final plat.
Park dedication requirements be satisfied through both the dedication
of land for trail corridors and payment of cash at a rate of $550 per lot.
Water availability charge be paid to Elk River Utilities prior to release
of the final plat for recording.
A surface water management fee be paid for each of the 58 lots within
the proposed plat.
o
A sealcoating fee in the amount determined by the city engineer be
paid prior to releasing the final plat for recording.
The trail corridor label.ed "Outlot A" be: removed from the plat as it has
already been deeded to the city as part of the first addition.
o
All of the lots within the Wild and Scenic District meet the required
setback and lot size requirements.
A development plan be prepared and submitted for review by the City
Engineer. This plan needs to be approved prior to issuance of building
permits.
10.
A letter certifying the grading has been completed in accordance with
the approved grading plan be submitted and accepted by the City prior
to issuance of building permits.
11.
Developer install required trails as part of the improvements. The
City will either reimburse the developer for the costs associated with
trail construction or credit their park dedication payment.
12. The right of way for Riverview Drive be reduced to 60 feet in width.
13.
A six foot wide concrete sidewalk be provided along the north side of
Riverview Drive from the trail in the southwest corner northeasterly
through the entire plat.
s:\docu rnent~resoluti\93-4fp.doc
Page 7