RES 12-65 RESOLUTION NO, 12- 65
• CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
JABEZ
Case No. P 12-04
WHEREAS, application has been made for final plat approval, pursuant to Section
30-374 (a-g) of the Elk River City Code of Ordinances, of the property legally described on
attached Exhibit A and hereinafter referred to as "the Property;"
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, as follows:
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed plat is consistent with the Land Use Regulations and conforms
with all of its requirements.
B. The proposed plat is consistent with all applicable general and specialized
city, county, and regional plans including, but not limited to, the City's
Comprehensive Development Plan.
C. 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.
D. The proposed plat makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed plat will not cause substantial environmental damage.
F. The proposed plat will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed plat will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
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3. 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
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issue a certified copy of this Resolution giving final approval of the plat.
4. 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.
5. 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 WESTGAARD and
duly seconded by Council Member GUMPEREY . The following voted in favor
of the Resolution: Mayor Dietz, Councilmembers Zerwas, Gumphrey, Westgaard,
and Motin.
The following voted against the Resolution:no one.
The following were absent: no one.
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of Novemb- 2012.
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Tina Allard, City Clerk
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EXHIBIT A
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Parcel
75-011-2105
North 390.64 ft of the South 570.89 ft of the West 446.04 ft of the Northeast Quarter of
the Northwest Quarter (NE 1/4 NW 1/4) &East 60 ft of the West 225 ft of the South 180.25
ft of the Northeast Quarter of the Northwest Quarter(NE 1/4 NW 1/4), except South 33 ft,
Section 11, Township 32, Range 26, Sherburne County, Minnesota
75-011-2115 .
The North 147.25 ft of the South 180.25 ft of the West 165 ft of the Northeast Quarter of
the Northwest Quarter (NE 1/4 NW 1/4) and the East 25 ft of the South 180.25 ft of the
Northwest Quarter of the Northwest Quarter(NW 1/4 NW 1/4), except South 33 ft taken
for Town Road, Section 11, Township 32, Range 26, Sherburne County, Minnesota
75-011-2215
North 390.6 ft of the South 570.85 ft of the Northwest Quarter of the Northwest Quarter
(NW 1/4 NW 1/4) lying East of US Highway 10, Section 11, Township 32,Range 26,
Sherburne County, Minnesota
75-011-2200
That part of the Northwest Quarter of the Northwest Quarter(NW 1/4 NW 1/4) lying North
of a line parallel with and 570.85 ft North of the South line of said Northwest Quarter of
the Northwest Quarter (NW 1/4 of the NW 1/4) and lying south of a line parallel with and
505.77 ft South of the North line of said Northwest Quarter of the Northwest Quarter
(NW 1/4 NW 1/4) and lying East of the easterly right-of-way line of US Highway 10,
except 2.52 acres Retained by Rosenthal, Section 11, Township 32, Range 26, Sherburne
County, Minnesota
75-011-2220
That part of the Northwest Quarter of the Northwest Quarter (NW'/4 NW 1/4) described as •
follows: commencing at a point on the East line of the.right-of-way of US Highway 10 a
distance of 200 ft Southeasterly from the intersection thereof with the North line of said
Section 11;thence in a Southeasterly direction along said East right-of-way line of said
U. S. Highway 10 a distance of 110.81 ft to the Point-of-Beginning of curve to the right;
thence along said curve to the right with a radius of 7,875.52 ft& central angle of 12
degrees, 22 minutes a distance of 226.19 ft; thence East and parallel with said North line
of said Section 11 a distance of 600.00 ft; thence North at right angles to the North line of
said Section 11; thence West along said North line to its intersection with said East right-
of-way line;thence Southeasterly along said East right-of-way line to the Point-of-
Beginning. Except therefrom that part of the Northwest Quarter of the Northwest Quarter
(NW '/a NW 1/a) commencing at the intersection of the East line of Highway 10 and
South line of Town Road which is the North line of Section 11; thence in an Easterly
Direction along South line of Town Road Distance of 150 ft; thence in a Southerly
Direction and parallel to East line of Highway 10 a distance of 200 ft; thence in a
Westerly direction and parallel with the South line of said Town Road a distance of 150 ft
to the East line of said Highway 10; thence in a Northerly direction along the East line of
said Highway 10 to the Point-of-beginning, Section 11, Township 32,Range 26,
Sherburne County, Minnesota
75-011-2245
That Part of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/a) described •
as follows, to wit: Commencing at the intersection of the East Line of Highway 10 and
South line of Town Road which is the North line of Said Section 11; thence in an
Easterly direction along South line of said Town Road a distance of 150 ft; thence in a
Southerly direction and parallel to the East line of Highway 10 a distance of 200 ft:
thence in a Westerly direction and parallel with the South line of said Town Road a
distance of 150 ft to the East line of said Highway 10; thence in a Northerly direction
along the East line of said Highway 10 to Point-of Beginning, Section 11, Township 32,
Range 26, Sherburne County, Minnesota
75-591-0010
Outlot A, Leon LeFebvre Addition, Section 11, Township 32, Range 26, Sherburne
County, Minnesota
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EXHIBIT B
• 1. Additional right-of-way of about 16.22 feet shall be provided along 171s Avenue as
shown on the drawing.
2. The plat shall provide access control along Highway 10 frontage,prohibiting
access.
3. The development shall meet all applicable fire codes. The Fire Chief shall verify
the location of all fire hydrants, and may require additional hydrants necessary to
preserve the health and safety of the residents.
4. A surface water management fee for lot 1 shall be paid at the time the Final Plat is
released for recording (currently$1,214 per acre or$21,524.22 total). Surface water
management fee for Outlots A and B shall be paid at the time those lots are
released for recording at the rate established at that time.
5. A Park dedication fee shall be paid for 8.05 acres at the time the Final Plat is
released for recording (currently 7,444 per acre, or$59,924.20 total). Park
dedication for outlots A and B shall be paid at the time those lots are released for
recording at the rate established at the time.
6. All required subdivision/park information shall be provided in an electronic
format (.dwg file) as required by the City Ordinance and Land Use Application
prior to recording of the plat.
7. This approval of the Preliminary Plat shall expire after 1 year,unless the property
owner or owner's agent has recorded the Final Plat or received an extension.
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