96-051 RES RESOLUTION NO. 96 - 5I
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Renner Addition
Case No, P 96-4
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
lega!ly 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:
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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.
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The proposed subdivision will not cause substantial environmental
damage.
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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
Farber
Holmgren
resolution was introduced by Council Member
and duly seconded by Council Member
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.
Passed and adopted this /~-'~ay of /~'~~ ,1996.
Ngnr/DuitS~an, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
WITNESS my hand.officially
City this /3~'~iay of
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 copy)of the resolution as adopted by the City Council of the City of Elk
River on ~.._..,../---~ / [--~, 1996.
5/ / .
as such Clerk and the corporate seal of the
,1996.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this .~$--~ay of
.,_./~., , 1996, by Henry Duitsman, Mayor, City of Elk River,
~No{ary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /.5'~:lay of
~f~l~4 , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
IV~nr~es~ta.
~lotary 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
Lots 1, 2, and 3, Block 1, of the duly recorded plat of R.R. INDUSTRIAL PARK.
AND
That part of the Northeast Quarter of Section 24; and that part of the Southeast Quarter
of Section 13; both in Township 32, Range 26, that lies northwesterly of said R.R.
INDUSTRIAL PARK; that lies northeasterly of the Northeasterly line of the right-of-way
of U.S. Highway 10 and 169 as shown on STATE HIGHWAY MONUMENTATION PLAT
NO. 71-4, filed as Instrument No. 152834 in the office of the County Recorder that lies
southeasterly of Line 2 to be hereinafter described; and that lies southwesterly of Line 4
to be hereinafter described.
Said Line 2 being described as Commencing at the most westerly corner of Lot
1, Block 1, said R.R. INDUSTRIAL PARK; thence North 30 degrees 36 minutes
17 seconds East, assumed basis of bearings, along the Westerly line of said
R.R. INDUSTRIAL PARK for 366.11 feet to the point of beginning of a line
heretofore known as Line 1; thence North 44 degrees 10 minutes 46 seconds
West along said Line 1 for 272.36 feet; thence continue northwesterly along said
Line 1 being a tangential curve concave to the southwest, radius 830.91 feet, for
a central angle of 6 degrees 53 minutes 14 seconds and length 99.88 feet;
thence North 51 degrees 04 minutes 00 seconds West tangent to said curve and
along said Line 1 for a distance of 50.00 feet and there terminate said Line 1;
thence North 38 degrees 56 minutes 00 seconds East for a distance of 96.45
feet to a point to be hereafter known as Point A for the purposes of this
description, said Point A also being the actual Point Of Beginning of said Line 2
to be hereby described; thence return South 38 degrees 56 minutes 00 seconds
West along said Line 2 for a distance of 304.50 feet; thence continue along said
Line 2 being a tangential curve concave to the northwest, radius 333.50 feet, for
a central angle of 17 degrees 03 minutes 12 seconds and length 99.26 feet;
thence continue along said Line 2 being a tangential reverse curve concave to
the southeast, radius 393.71 feet, for a central angle of 14 degrees 28 minutes
31 seconds and length 99.47 feet, more or less, to terminate said Line 2 at its
intersection with said Highway right-of-way.
Said Line 4 being described as Beginning at a point on said Westerly line of R.R.
INDUSTRIAL PARK a distance of 81.70 feet southwesterly, as measured along
said Westerly line, of the most Northerly corner of Lot 3 of said plat; thence North
44 degrees 10 minutes 46 seconds West along said Line 4 for a distance of
37.49 feet; thence continue northwesterly along said Line 4 being a tangential
curve concave to the northeast, radius 430.00 feet, for a central angle of 51
degrees 56 minutes 22 seconds and length 389.80 feet; thence North 82
degrees 14 minutes 24 seconds West along said Line 4, not tangent to said
curve, for a distance of 82.95 feet, more or less, to terminate said Line 4 at the
above described Point A.
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10.
11.
12.
13.
14.
EXHIBIT B
A developer's agreement be prapared and executed outlining the terms and
conditions of plat approval and any necessary improvements.
Additional 17 feet of right-of-way be provided along the west side of Jarvis Street
including the frontage of Outlot A.
Developer be responsible to construct 156th Avenue NW extending west of Jarvis
Street to the western limits of the plat.
A temporary cul-de-sac be provided at the end of 156th Avenue NW.
Park dedication in the amount required by the City at the time of final plat be paid
prior to releasing the final plat for recording.
Surface water management impact fee in the amount required by the City at the
time of final plat be paid prior to releasing the final plat for recording.
A letter of credit or other acceptable financial guarantee be provided to the City to
ensure the installation of street, utility (storm sewer) and other public
improvements.
Prior to issuance of a building permit on Lot 1, Block 1, for the proposed plat, the
existing billboard be removed from the site.
Appropriate permits from the Minnesota Department of Transportation be
obtained for any proposed work within the State right-of-way.
Any recommendations or conditions from the Minnesota Depamnent of
Transportation be made part of the plat approval.
All comments stated in the City Engineer's memo dated 5/23/96 be incorporated
as part of the preliminary plat approval.
A grading plan be approved by the City Engineer prior to any work commencing
on the site.
Developer sign a petition waiving their rights to appeal assessments for the
upgrading of Jarvis from Highway 10 to approximately 156th Avenue.
A street light be installed at the comer of 156th Avenue and Jarvis Street. This
improvement shall be included with the plans prepared for 156th Avenue NW.
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15.
16.
17.
18.
A sealcoating fee as determined by the City Engineer be provided prior to
releasing the plat for recording. This fee shall apply to 156th Avenue NW.
Restricted access be shown on the plat along Highway 10.
Appropriate drainage and utility easements be provided on the plat.
The access to Lot 1, Block I off of Jarvis be permitted on a temporary basis and
subject closure based on criteria being met as determined by the City Engineer.
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