96-098 RES RESOLUTION NO. 96 -_9_8_
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COTTAGES OF ELK RIVER
CASE NO. P 96-9
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 October 7, 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.
Bo
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, bdt 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.
Do
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.
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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 ~regoing
Dietz
Scheel
Mayor Duitsman,
Holmgren
The ~l{owing voted against the Reso{ution:
None
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Councilmembers Dietz, Scheel, Farber and
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this z/~'-'day of
, 1996.
/len?/Duitsman, Mayor
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 ?//~ .~ c.(,' , 1996.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this./7~:~ay of ~,¢~¢_.,.,,~_~ , 1996.
Sandra Thackeray, City Clerk /
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
1¢)~ , 1996, by Henry Duitsman, Mayor, City of
Minnesota.
z/~ day of
Elk River,
~ f .~.) NOT&qY IqJBUC.4~INNESOTA ~
Notary Public
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Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this H~ day of
b/"')~ , 1996, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
ALICE K. HEINECKE
NOTARY PUBUC-MINNESOTA
SI'IERBURNE COUNTY
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
Ail that part of the Southwest Quarter and of the South half of the
Northwest Quarter of Section 27, Township 33, Range 26, Sherburne
County, Minnesota, which lies Noruh and EasU of line A described
below and which lies South of line B described below and which lies
westerly, of the westerly rig, s-of-way line of Minnesota Trunk
Highway Number 201 (formerly U.S. Highway No. 169).
Line
Beginning at the intersection of the westerly right-of-way line of
Minnesota Trunk Highway Number 201 and the North line of the South
1758.92 feet of said southwest quarter; thence South 89 degrees 21
minutes 04 seconds West assumed bearing along the North line of the
$ou~h 1758.92 feet for a distance of 639.66 feet; thence North 0
degrees 49 minutes 32.seconds West for a distance of 1689.06 feet
and said line there terminating.
Beginning at a point of intersection of said westerly right-of-way
line with the North line of the South !90.20 feet of said northwest
quarter; thence South 89 degrees 25 minutes 13 seconds West along
said North line of the South 190.20 feet for a distance of 882.28
feet; thence southwesterly along a tangential curve, concave to the
South, radius 556.51 feet, central angle 19 degrees 21 minutes 06
seconds, length 187.96 feet; thence South 70 degrees 04 minutes 07
seconds West, tangent to said cur~e and distance of 9..29 feet, more
or less, to intersect the afore described Line "A" and there
terminating.
Except the following described property:
That part of the southeast quarter of the northwest quarter of
Section 27, Township 33, Range 26, Sherburne County, Minnesota
described as follows:
Beginning at the intersection of the East. and West quarter line
with the westerly right-of-way line of Minnesota Trunk Highway
Number 201; thence West along said East and West quarter line, a
distance of 424.20 feet; thence Nor~.h at right angles to said
quarter line, a distance of 190.20 feat; thence East parallel with
said quarter line a distance of 502.71 feet to said westerly right-
of-way line; thence southerly along said westerly right-of-way line
a distance of 205.77 feet to the point of beginning.
Also except the following described property:
That part of the northeast quarter of the southwest quarter of
Section 27, Township 33, Range 26, Sherburne County, Minnesota
described as follows:
Beginning at the intersection of the East and West quarter line
with the westerly right-of-way line of Minnesota Trunk Highway
Number 201; thence West along said East and West quarter line, a
distance of 424.20 feet; thence South at right angles to said
quarter line, a distance of 424.20 feet; thence East parallel with
said quarter line a distance of 316.04 feet to said westerly right-
of-way line; thence northerly along said westerly right-of-way line
a distance of 283.45 feet to the point of beginning.
2.
o
e
10.
11.
12.
13.
EXHIBIT B
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
ALL OF THE COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED
SEPTEMBER 13, 1996, BE INCORPORATED INTO THE PLAT FOR APPROVAL.
APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED
THROUGHOUT THE ENTIRE PLAT TO ALLOW THE EXTENSION OF UTILITIES.
A CASH PAYMENT BE MADE TO SATISFY THE PARK DEDICATION
REQUIREMENTS. PAYMENT OF THIS FEE MAY BE PAID AT THE TIME OF
BUILDING PERMIT. THE FEE SHALL BE IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF ISSUANCE OF BUILDING PERMIT.
THE SURFACE WATER MANAGEMENT FEE MAY BE PAID AT THE TIME OF
ISSUING THE BUILDING PERMIT. THE FEE SHALL BE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF ISSUING THE BUILDING PERMIT.
THE DEVELOPER HAS AGREED TO PROVIDE THE CITY WITH DOCUMENTATION
THAT WILL STATE THE MINIMUM PRICE OF THE HOMES TO BE BUILT ON LOTS 1
THROUGH 7 (OUTLOT A) ALONG 193RD AVENUE. THIS MUST BE PROVIDED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER
UTILITIES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE
DEVELOPER MAY REQUEST ELK RIVER UTILITIES CONSIDER ALLOWING THIS
FEE TO BE MADE AT THE TIME OF BUILDING PERMIT ISSUANCE. THE
DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES TO DETERMINE ANY
ADDITIONAL FEES OR CHARGES THAT MAY BE REQUIRED.
ANY STREET LIGHTS REQUIRED BY ELK RIVER UTILITIES BE INCORPORATED
INTO THE PROJECT AND BE MADE PART OF THE DEVELOPER'S AGREEMENT.
A GRADING PLAN BE PROVIDED FOR REVIEW AND APPROVAL BY THE CITY
ENGINEER PRIOR TO COMMENCING WORK ON SITE.
A DEVELOPMENT PLAN IDENTIFYING FINISHED FLOOR ELEVATION AND TYPE
OF HOME BE PROVIDED TO THE CITY ENGINEER FOR REVIEW PRIOR TO
ISSUANCE OF ANY BUILDING PERMITS.
DEVELOPER SIGN A PETITION WAIVING RI ,DHTS TO APPEAL ASSESSMENT FOR
THE UTILITIES TO BE INSTALLED AS PART OF THIS PROJECT.
THE DEVELOPER BE RESPONSIBLE FOR EXTENDING UTILITIES TO THE WESTERN
LIMITS OF THE PLAT.
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14. PROPERTY WILL NEED TO BE ASSESSED $3,800.00 PER ACRE FOR TRUNK
SEWER AND WATER.
15.
AN NPDES PERMIT MUST BE APPLIED FOR PRIOR TO COMMENCING
GRADING ON SITE.
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