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96-068 RES RESOLUTION NO. 96 -_6.8_ CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Country Crossing 3rd 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 !egally 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 15, 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. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and o 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 two years from the date of this resolution if the final plat is not recorded within that time. The foregoing Dietz Holmgren resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. Mayor Duit sman Council Members: Dietz, Holm~ren, The followin~o voted against the Resolution: None Scheel and Farber The ~l~owing we~ absent: None Page 2 WHEREUPON the resolution is adopted. adopted this ,/'¢ day of ~-~,¢~-~- , 1996. Passed and ./RenS D~itsr~, May~)r CERTIFICAt-E 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 ad, opted by the City Council of the City of Elk River on ~ / ¢' , 199r~. WITNESS my hanoi, officially as such Clerk and the corporate seal of the City this ?~-day of~ ,1996. Sandra Thackeray, City Cler~ STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this /~ day of , 1996, by Henry Duitsman, Mayor, City of Elk River, ~__ "_~.~'_ MY Comm. Ex,res Jan. 3t. 2000 Notary Public Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this /c~ day of (.Z~z _~../~¢ , 1996, by Sandra Thackeray, City Clerk, City of Elk River, MinCesota. ~y C0~. Bpires Ja~ 31, 2~0 , Notaw Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 P96-2 Page 4 EXHIBIT A Government Lot 5, Section 5, Township 32, Range 26, EXCEPTNG therefrom that part thereof platted as GRANDVlEW ADDITION, said County. ALSO EXCEPTING therefrom all that part thereof platted as GRANDVlEW 2ND ADDITION, said County. P96-2 Page 5 EXHIBIT B All comments outlined in the City Engineer's memo dated June 19 and August 14, 1996, be incorporated into the revised final plat, development plan and grading plan. o A developer's agreement be prepared and executed outlining the terms and conditions of required improvements to serve the development. o A landscaping plan be provided to the city for approval illustrating the landscaping along County Road No. 30 and each of the front yard trees that are required throughout the development. The final plat should be prepared illustrating a restricted access along County Road No. 30. A grading plan be submitted for review and approval by the City Engineer prior to commencing any work on site. Prior to issuance of building permits, the developer's engineer shall submit a letter certifying the grading of the site has been done in accordance with the approved grading plan. A development plan be submitted illustrating types of homes and lowest floor elevations be approved by the City Engineer prior to issuance of building permits. o Joplin Street be upgraded to an urban section from County Road No. 30 to Riverview Drive. A six foot sidewalk be provided along the west side of Joplin Street as part of the improvements to Joplin Street. 10. A storm water management impact fee be paid prior to releasing the final plat for recording. 11. Payment of sealcoating of the streets in the amount as determined by the City Engineer be paid prior to recording the plat. 12. Street lights be provided throughout the plat as requested by Elk River Utilities. These street lights should be made part of the improvements to the plat. P96-2 Page 6 13. 14. 15. 16. 17. 18. Appropriate permits from Sherburne County shall be obtained for any work to be done within County Road No. 30 right-of-way. Water availability charge of $300.00 per lot be paid to Elk River Utilities prior to releasing the plat for recording. That the park on the plat be accepted as the park dedication requirement. A 30 foot wide trail corridor be provided through the middle of the plat between the proposed park and Macon Street to the west. Overstory trees be provided every 40 feet along each side of the trail corridor from the park along Joplin Street to Macon Street. Developer be responsible to install bituminous trail from park along Joplin Street to Macon Street. The city will reimburse the costs associated with the trail construction. Page 7