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02-050 RES RESOLUTION NO. 02 - 50 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Grace Addition Case No. P 02-10 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 June 17, 2002; 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. 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. Eo The proposed subdivision will not cause substantial environmental damage. Fo 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 resolution was introduced by Mot±n and duly seconded by Council Member following voted in favor of the Resolution. Mayor Klinzing & Councilmembers Motin, and Kuester Council Member Dietz The Dietz, Tveite, The ~llowing voted againstthe Resolution: None The ~llowing were absent: None S:\PLANNING\RESOLUTI\P02-10.DOC Page 2 WHEREUPON the resolution is adopted. Passed and adopted this 17th day of June, 2002. Stepl~nie Klinzing~or / 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 copy of the resolution as adopted by the City Council of the City of Elk River on ,._~'t..,,,~.~ \~ ,2002. WI.TN.I~.SS my hand officially as such Clerk and the corporate seal of the City this /~"'day of -~'~-e. ,2002. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this -~e_ , 2002, by Stephanie Klinzing, Mayor, City of Elk Minnesota. Notary Public _.L~_~d a y of River, S:\PLANNING\RESOLUTI~P02-10.DOC Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of k.)~e.. ,2002, by Sandra Peine, City Clerk, City/of Elk River, Minnesota. Notary Public S:\PLANNINGXRESOLUTIkP02-10.DOC Page 4 EXHIBIT A Legal Description: That part of the Southeast Quarter of the Southwest Quarter of Section 26, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at the northwest corner of said Southeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 50 minutes 57 seconds East along the north line of said Southeast Quarter of the Southwest Quarter, a distance of 685.18 feet; thence South 0 degrees 21 minutes 30 seconds West, a distance 838.44 feet; thence South 44 degrees 57 minutes 09 seconds East, a distance of 140.65 feet to the north line of the South 382.33 feet of said Southeast Quarter of the Southwest Quarter; thence North 89 degrees 44 minutes 12 seconds East along said north line, a distance of 479.66 feet to the centerline of County State Aid Highway No. 13; thence southwesterly along said centerline being a nontangential curve concave to the southeast having a radius of 2874.78 feet and a central angle of 9 degrees 01 minutes 05 seconds, a distance of 452.47 feet to the south line of said Southeast Quarter of the Southwest Quarter, the chord of said curve bears South 31 degrees 58 minutes 29 seconds West; thence South 89 degrees 44 minutes 12 seconds West along said south line, a distance of 1027.90 feet to the southwest corner of said Southeast Quarter of the Southwest Quarter; thence North 0 degrees 21 minutes 30 seconds East along the west line of said Southeast Quarter of the Southwest Quarter, a distance of 1325.74 feet to the point of beginning. S:\PLANNING\RESOLUTI\P02-10.DOC Page 5 EXHIBIT B Conditions: 1. THE UTILITY EASEMENT SHALL INCLUDE TRAIL RIGHTS. 2. THE PARK BOUNDARIES SHALL BE MARKED AS REQUIRED BY ORDINANCE. S:\PLANNINGXRESOLUTI\P02-10.DOC Page 6