02-005 RES RESOLUTION NO. 02 - 05
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
R{ ] ] .~ d~ 8~.h Addition
Case No. P 00-18
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 March 12, 2001; 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.
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.
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.
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 resolution was introduced by Council Member
'tN, e-i te and duly seconded by Council Member
Kuester The following voted in favor of the Resolution.
Mayor Stephanie Klin~.ing
Councilmembers Motin, Tveite, Kuester
The following voted against the Resolution:
None
The following were absent:
Councilmember Dietz
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WHEREUPON the resolution is adopted.
Passed and adopted this..~,~ay of ~ , 2002.
Stepl~anie Klinz~
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 C~.l~y of the resolution as adopted by the City Council of the City of Elk
River on~z.~ ,2002.
WITNES.S my hand. officially as such Clerk and the corporate seal of the
City this ~ 'm~y of ("/~--.~..,~_.._~.~. ,2002.
/
S"&n~dra Peine, City Cl'b"rk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~day of
~-.~O,'r',~,~(~-,,( , 2002, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota)
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~,~ day of
~._'kE~,,U,<.,.v.-..i ,2002, by Sandra Peine, City Clerk, Cit)¢ of Elk River, Minnesota.
~~~'~'¢'c0;~ Nota~ Public ~
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EXHIBIT A
OUTI. OT A, HILLSIDE ESTATES SECOND ADDITION, according to the recorded ptot thereof, Shed3urne County, Minnesota
and
That port of the Northeast Quarter of Section 2.7, Township ~.3, Range 25, Sherburne County, Minnesota described cs follows:
Beginning ot the Northwest corner of the plot of HILLSIDE ESTATES SECCNO AOOIT1CN; thence North 89 degrees 27 minutes 11 seconds ~'ost.
assumed bearing, (3long the North line of said plat, "28.91 feet to the westerly line of the plot of HILLSIDE ESTATES FOURTH AO01TICN; thence
North 18 degrees 0..3 minutes 25 seconds East, along said westerly line, 298.24 feet to the most northerly corner of Lot .3, E]lock 2, HILLSIDE
ESTATES FOURTH AD01TICN; thence South 84 degrees 28 minutes 22 seconds West, 455.72 Feet; thence South 20 degrees 07 minutes 21 seconds
West, lga. 4g i~eet; thence South 00 degrees ..12 minutes 49 seconds East, 57.,~8 feet to the point of beginning.
Has caused the some to be surveyed and plotted os HILLSIDE ESTATF'S ~'IGHT~ ADOITION ~:nd does hereby donate and dedic(3te to the public
for public use forever the circle and easements as shown on the plot i:or drainage and utility purposes only.
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Conditions:
EXHIBIT B
THAT A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT.
2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
4. THAT A SNOW STORAGE EASEMENT BE PROVIDED IN THE CUL-DE-SACS
PRIOR TO RELEASING THE PLAT FOR RECORDING.
Se
THAT THE PROPOSED PARK (OUTLOT D) BE ACCEPTED TOWARDS PARK
DEDICATION ( WITH A REDUCTION FOR WETLAND, STEEP SLOPES AND
UTILITY CORRIDOR) AND THE REMAINING DEDICATION REQUIREMENTS BE
ACCEPTED AS CASH IN LEIU OF LAND IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT AND PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
6. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED.
7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF THE PUBLIC IMPROVEMENTS.
THAT UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM
ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF
25 % OF THE IMPROVEMENT COSTS SHALL BE SUBFIITTED TO THE CITY FOR A
ONE-YEAR PERIOD.
THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING WITH SHERBURNE COUNTY.
I 0. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT
FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY
ENGINEER.
I I. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF
PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A
SNOW FENCE TO PREVENT UNNECESSARY GRADING, COMPACTION, OR
STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE DRIPLINE.
12. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3
TREES PER LOT OR GROUPED PER STAFF APPROVAL.
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