96-049 RES RESOLUTION NO. 96 - 49
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HILLSIDE ESTATES 6TH ADDITION
CASE NO. P 96-3
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 June 17, 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:
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.
o
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
G. 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
D±etz and duly seconded by Council Member
Scheel The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Farber, Scheel
and Holmgren
The following voted against the Resolution:
None
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted.
A
Passed and adopted this/~-~day of ~.~~ , 1996.
,H~q/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
Riveron ~~ /,¢-- ,1996.
WITNESS my hapd officially as such Clerk and the corporate seal of the
City this /~'~ay of~,,<~ ,1996.
~Sandra Thacke~'ay, City Clerk~'
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
__~j~e foregoing instrument was acknowledged before me this
, 1996, by Henry Duitsman, Mayor, City of
(~nne~ota.
~aay of
Elk River,
NOTARY PUSU C-MINNESOTA
SHEReURNE COUNTY
Comm. Expi~ Ja.. 3~, 200o
Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this/,~"~ day of
~ , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
·
I~hnnesota.
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
LEGAL DESCRIPTION
That part of the Northeast Quarter of Section 27, Township 33, Range 26,
Sherburne County, Minnesota described as follows:
Beginning at the northeast corner of HILLSIDE ESTATES SECOND ADDITION
said Sherburne County; thence South 87 degrees 15 minutes 55 seconds West,
assumed bearing along the north line of said HILLSIDE ESTATES SECOND
ADDITION 428.91 feet to the northwest corner of said HILLSIDE ESTATES
SECOND ADDITION; thence North 6 degrees 07 minutes 04 seconds East
292.56 feet; thence South 37 degrees 07 minutes 51 seconds East 220.00 feet
to the northwesterly line of Lot 2, Block 2, HILLSIDE ESTATES FOURTH
ADDITION said Sherburne County; thence South 15 degrees 52 minutes 09
seconds West 50.00 feet along the northwesterly lines of Lots 1 and 2, Block 2
said HILLSIDE ESTATES FOURTH ADDITION, to the point of beginning.
and
Outlot A, HILLSIDE ESTATES SECOND ADDITION, according to the recorded
plat thereof on file and of record in the office of the County Recorder, Sherburne
County, Minnesota.
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EXHIBIT B
If it is determined that the lot lines in the proposed plat need to be
adjusted to accommodate the extension of the utilities further north as
requested by the Elk River Utilities Department, this be accomplished
prior to recording the plat.
Developer's Agreement be prepared, outlining the terms and conditions
for plat approval and installation of improvements.
Park dedication in the payment of cash for each of the four lots in the plat
be paid prior to releasing the final plat for recording.
Water availability charge in the amount of $300 per lot be paid to Elk
River Utilities prior to releasing the final plat for recording. Developer
should check with Elk River Utilities for any additional charges relative to
water connection fees and electric services.
A surface water management fee in the amount required by the City at the
time of final plat be paid prior to recording the plat with Sherburne County.
A detailed erosion control plan be submitted and approved by the City
Engineer prior to commencing any grading on site.
Prior to issuance of any building permits, a development plan be
submitted and approved by the City Engineer.
Developer-reimburse the City for costs associated with reviewing the plat
prior to releasing the plat for recording.
The developer provide an acceptable financial guarantee to the City to
cover the cost associated with the utility and street improvements.
10.
Upon completing all improvements and having them accepted by the City,
a warranty bond in the amount of 25% shall be submitted to the City for a
one year period.
11.
The drainage and utility easement on Lot 3, Block 1, be adjusted to allow
a 50' deep building pad without encroaching into the drainage and utility
easement.
12.
A street light be provided at the end of the cul-de-sac as requested by Elk
River Utilities.
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13.
A seal coating fee as determined by the city engineer be paid prior to
releasing the final plat for recording.
14. Provisions be made to extend the utility line north of the proposed plat.
15.
If a landscaped island will be constructed within the cul-de-sac, the island
shall be platted as an outlot and have 1/4 interest deeded to each lot in
the plat.
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