04-039 RESRESOLUTION NO. 04 - 39
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk Ridge Center
Case No. P 03-16
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
February 9, 2004; 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:
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.
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
seconded by Council Member Dietz.
Resolution.
by Council Member-Kuester and duly
The following voted in favor of the
Mayor KlinT. ing, Councilmembers Dietz, Kuester, Motin and Tveite
The following voted against the Resolution: None
The following were absent: None.
WHEREUPON the resolution is adopted.
Passed and adopted this 17th day of May, 2004.
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CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the City Administrator 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 ~' '/(/~- / j/ ,2004.
WITNES.S~my hand officially as such City Administrator and the corporate seal of
the City this-o~/~c~ay of ~__//w?~. ,2004.
Patrick Klaers, City Administrator
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~°/~ay of
3~/__ ,2004, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
Notary Public ~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was
ackno of
,2004, by Patri& Klaers, City Administrator, City of Elk River, Minnesota.
Notary Public a'
EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the State of Minnesota, County of Sherburne, and is
described as follows:
Parcel 1: (Torrens Certificate of Title No. 6466)
Lot 4, Block 3, Ridgewood East 3rd Addition, Sherburne County, Minnesota.
Parcel 2: (Torrens Certificate of Title No. 6596)
Outlot A, Brentwood, Sherburne County, Minnesota,
and
Lot 3, Block 3, Ridgewood East 3rd Addition, Sherburne County, Minnesota.
Parcel 3: (Torrens Certificate of Title No. 6112)
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 with the Easterly extension of the Southerly line of Lot 4,
Block 3, Ridgewood East 3rd Addition, according to said plat on file and of record in the
Office of the County Recorder, in said County, and a line drawn parallel with and distant
100.00 feet Westerly of a line described as follows:
Beginning at a point on the South line of the Southeast Quarter of said Section 27,
distant 612.20 feet East of the Southwest corner of said Southeast Quarter; thence
Northwesterly, at an angle of 73 degrees 16 minutes 00 seconds, with said South line,
a distance of 2,313.40 feet; thence Northerly, deflecting to the right at an angle of 21
degrees 26 minutes 00 seconds, a distance of 2,000.00 feet and there terminating,
said point of intersection is marked by a judicial landmark; thence Westerly, along said
Easterly extension of the Southerly line of Lot 4, to the Southeast corner of said Lot 4, said
corner being marked by a judicial landmark; thence Northerly, along the Easterly line of said
Lot 4, to the intersection with said 100.00 foot parallel line, said point of intersection is
marked by a judicial landmark; thence Southerly, along said 100.00 foot parallel line, to the
point of beginning.
According to the Government Survey thereof.
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EXHIBIT B
Conditions:
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 planned unit devdopment agreement be prepared and executed prior to releasing
the plat for recording.
3. A letter of credit be provided to the city in the amount of 100% of the costs of public
improvements.
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.
5. Surface water management fee in the amount required by the city at the time of f'mal
plat be paid prior to releasing the plat for recording.
6. Sealcoat fee in the amount to be determined by the city engineer be paid to the city
prior to releasing the plat for recording.
7. The necessary drainage and utility easements be dedicated on the plat as required by
the city.
w
Ail comments of the City Engineer shall be addressed per the letter dated May 10,
2004 from Howard R. Green Company to Scott Harlicker, Senior Planner for the City,
except for the comment requiring access control along the TH 169 frontage as a part
of the plat.
9. All appropriate wetland permits must be obtained prior to commencing work on the
site.
10. Grading and erosion control plan and development plan be submitted and approved
by the city engineer prior to the issuance of building permits.
11. All grading will need to be certified prior to the issuance of building permits.
12. Street lights shall be installed as recommended by Elk River Municipal Utilities.
13. Park dedication fees be paid prior to releasing the plat for recording.
14. A tree preservation plan be approved prior to releasing the plat for recording.
15.
Any trees off site or on site, near the limit of grading that are to be preserved, shah be
fenced with a snow fence at the drip line to prevent grading, compaction, or storage
of equipment, debris or materials. Staff shall inspect fencing prior to clearing or
grading commencing.
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16. All necessary trunk sanitary and water assessments, and lateral water assessments be
paid prior to releasing the plat for recording.
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