04-005 RES
RESOLUTION NO. 04 - 05
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Trott Brook Farms 9th Addition
Case No. P 03-17
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 August 17,1998; 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:
1. It is hereby determined by the City Council for the City of Elk River as.
follows:
A. The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
B. 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.
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 subdivision 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 subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
G. The proposed subdivision 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.
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 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
Kues ter and duly seconded by Council Member Motin
The following voted in favor of the Resolution.
Mayor, Klinzing, Councilmember Tveite, Kuester,
Motin, and Dietz
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 20th day of January, 2004.
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
c~rrect copy ~~ the resolution as adopted by the City Council of the City of Elk
River on.",~c.?c3 ,2004.
!
WITNESS my hand officially as such Clerk and the corporate seal of the
Citythis~ayof ~ ,2004._ '/. ~ .:
<__~~~ /6J-k~i'
Joan ~fhmidt, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me thiS()'~ day of
, 2004, by Stephanie Klinzing, Mayor, City of Elk River,
/
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O~. TI~!A M. ALLARD
i, -. - '. NOT' ':':Y PLJ::"i::; . t.~;NNESOTA
\ 1.'/ Com:r.j;;:c~ Expire$ Jan. 31. ~
C.
//~ 1.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Theforegoing instrument was acknowledged before me this /),CJd~ of
~ '(\01('. (' , 2004, by Joan Schmidt, City Clerk, City qf- Elk Ri.v..e. r",. M..II.iflnesota.
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C':' TI~!,\ M. ALLARD Notary Public
- ) tlOT\r-Y PLJ:uc . MiNNESOTA
. f.'; Commjss;~n Expires Jan. 31, 2005
EXHIBIT A
Legal Description:
That part of Outlot C, TROTT BROOK FARMS. according to the recorded plat thereof. Sherburne County, Minnesota lying easterly and southerly of the
following descnbed line:
Commencing at the northeast comer of the Southeast Quarter of the Northwest Quarter of Section 35, Township 33, Range 26, said Sherburne County; thence
South 39 degrees 55 minutes 52 seconds East. assumed bearing, along the north line of said Outlot C, a distance of 812.09 feet to the easterly line of said Outlot
C; thence South 13 degrees 36 mmutes 24 seconds East. along said
easterly line, a distance of 202.29 feet to the pGint of beginnmg of said line to be described; thence South 06 degrees 13 minutes 49 seconds West, a distance 0
271 .94 feet; thence South 87 degrees 10 minutes 41 seconds West. a distance of 431 .33 feet; thence North 54 degrees 1 5 minutes 25 seconds West, a dis/iwc
of207.65 feet; thence North 88 degrees 39 minutes 25 seconds West, a distance of 207.27 feet; thence South 05 degrees 31 minutes 24 seconds West. a
distance of 151.13 feet to the northerly right of way line of Trott Brook Parkway, as dedicated in TROTT BROOK FA.RMS 8TH ADDITION, according to the
recorded plat thereof. said Sherburne County; thence South 24 degrees 47 minutes 16 seconds West, a distance of72.33 feet to the southerly nght of way line 0
said Trott Brook Parkway, also bemg the northeast camerofMARSHES OF TROTT BROOK FARMS. acwrriins to dxnr:rrnitrip/aL thereof. said Sherburne County; thence
South 09 degrees 18 mmutes 07 seconds West, dmg the easteriy line of saId MARSHED OF TROTT BROOK FARMS, a di.stant:e of 268. 16 feet to a southeasterly lin
of said MARSHES OF TROTTBRooK FARMS; tOOue South 43 clegrres 35 minutes 06 seconds West, along said southeasterty line, a distance of 390.68 feet;
thence South 16 degrees 50 mmutes 49 seconds East, a distance of 212.55 feet; thence North 59 degrees 31 minutes 38 seconds East, a distance of 401. 83 fe
thmt:e South 30 degrres 18 m117UteS 22 ser.rJlXis East, a distance of 622.86 feet; thmt:e southeriy, a di.stant:e of 163.78 feet, along a langential am.:e, = to the west, ha"''flL
radius of180.00 jeetand a rmtrcd .mgleof33 ckgrres 30 rrUm.aes 53 secards; thmt:e South 03 ,Iegrres 02 m117UteS 30 secards West, tanwzt to said ame. a di.stant:e of 49.51 feet to a
sourherty Line of said Outlot C, also bemg thenimheast wmer of Lot 16, Block 2. TROTT BROOK FARMS SIXTH ADDITION, adurdingto theraurdaJ plac tf:etrol saId Sherburne
Coumy and tkre te>minaJing.
Except.
..
Said Trott Brook Parkwety.
Conditions:
EXHIBIT B
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100%
OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. 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 SUBMITTED TO THE CITY FOR A ONE
YEAR PERIOD.
4. 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.
5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON
THE PLAT AS REQUIRED BY THE CITY.
7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER
MUNICIPLAL UTILTIIES.
12. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL
WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.