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96-052 RES RES0LOTION NO. 96 - 52 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: LEON LEFEBVRE ADDITION 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 29, 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: Ao The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. Bo 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. Co 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. 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. Go 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 one year from the date of this resolution if the final plat is not recorded within that time. The foregoing Holm~ren Farber 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 we~ absent: None S:\document\resolution\p96-8 Page 2 WHEREtJPON the resolution is adopted. Passed and adopted thisr~_ day of 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 ~io,:re~Cotr~:Opr~ of~he r_es~olution,alS9;dG.opted by the City Council of the City of El'< -7/ City' this .~¢' ¢~day of ~/~,.,.,..~_ .......... 1996. Sandra Thackers, y, City Clerk / / STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this~':)q4-~','~'='' of ' : ,. _, 1996, by Henry Duitsman, Mayor, City of Elk Rive', iMiC, q n esCJta. Notary Public s:'x(toet~men tXr esol utiX,p96.$.doc Page 3 S CA'rE OF MINNESOTA SS. '~ I COL, NTY OF SHERBURNE The foregoing instrument was acknowledged before me this -Ac/'~-~day of ~ J City River, ._¢?~,¢,~Z_.~l...,_. - _.a- 1996. by Sandra Thackeray, City uler.,~, of Elk f~nnes'o~a. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Min;-,eapolis, MN 55402-4235 Page EXHIBIT A That part of the south 562.31 feet of the Northeast Quarter of the Northwest Quarter, Section 11, Township 32, Range 26, Sherburne County, Minnesota lying east of the west 446.04 feet of said Northeast Quarter of the Northwest Quarter and lying southerly of the Southwesterly line of the right of way of Burlington Northern, Inc. Railway. Together with the East 221.04 feet of the West 446.04 feet of the South 180.25 feet of said Northeast Quarter of the Northwest Quarter. S:\document\resolution\p96-8 Page 5 ° 10. EXHIBIT B A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLING THE TERMS AND CONDITIONS OF APPROVAL. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED. APPROPRIATE RIGHT-OF-WAY BE DEDICATED ALONG 171sT AVENUE TO FACILITATE THE CONSTRUCTION OF THAT STREET. SURFACE WATER MANAGEMENT FEE, WHICH APPLIES TO LOT 1, BLOCK 1 BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. A SEAL COATING FEE BE PAID FOR ULYSSES STREET PRIOR TO RELEASING THE PLAT FOR RECORDING. THE REPLATTING OF THE OUTLOT TO THE EAST WILL REQUIRE A REDESIGN OF THE SURFACE WATER DRAINAGE PATTERN. APPROVAL FROM AFFECTED AGENCIES (I.E. NORTHERN NATURAL GAS) BE RECEIVED. THE STREET NAME BE CHANGED FROM ROOSEVELT TO ULYSSES. THE PLAT SHALL INCLUDE ALL OF THE PROPERTY OWNED BY LEFEBVRE COMPANIES ALONG 171sT AVENUE INCLUDING THE PROPERTY WEST OF ULYSSES STREET. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. S:\document\resolution\p96-8 Page 6