96-112 RES RESOLUTION NO. 96
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
FOX HAVEN COMMERCIAL
Case No. P 96-14
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 P'.anning 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.December 16, 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:
Ao
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.
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.
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 fir~a~ 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
_Farber
Dietz
Council Members:
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Farber, Dietz, Scheel and Holmgren.
The following voted against the Resolution:
None
The following were absent:
Mayor Hank Duitsman
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WHEREUPON the resolution is adopted.
Passed and adopted this /,,~ day of
,1996.
Rog//r A~. Holmgr~.q, ~/ice ~f'ayor
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 COl~ of the resolution as adopted by the City Council of th6 City of Elk
River on .Z'J..~.,.,,../.¢, ~- //.- , 1996.
WITNESS my ha/A,~such Clerk and the corporate seal of the
City this //~ '~day of~__)~- ., 1996.
~a~dra Thack6ray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
.~.,..~_...~.z.,__The foregoing instrument was acknowledged before me this//~:day nf , 1996, by Roger A. Holmgren, Vice Mayor, City of Elk Ri'¢er,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /fo+--k,day of
¢'~-~~-~4.~., 1996, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
NOTARY PUBUC-MINNESOT^ ~{
SHERBURNE COUNTY ~,~
My Comm. Expires Jan. 31, 2000 !i'~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
M, inneapolis, MN 55402-4235
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EXHIBIT A
)~NOW Al~ MEN BY TI~r'..SE PRE~ENTS That Thomae ~C. H~r~ ~nd Ser~ S. H~n. bu.~d ~nd ~e. lee ovner.; end ~F Benk ~lnne~ot~ ~SB..ucce.~or
ig~tere~t to T~Ia CLLy Federal ~vinl~ ~nd ~n ~bo~. ~ U.S. Cor~r~bo~. mortgagee; ~nd ~e )~r~t N~tmn~l benk of ~lk ~iver. ·
Xssoc~allon, n~or~ag~; of the following d~cribed property s~tuetad in the S~te of Mlnn~ot~. Count~ of Sberburn~, to-~lt:
~ ~At p~rt of ~e follo~l[~g described pro~y lying ~outh~e~terly of 'U~e ~ to be hmre~after de=crlbed:
All thee part of the No~hwest ~uarter of Section 32, To.ship 33, Range ~8, Sherb~e ~unty, Uiflnesote, I~ng northerly of ~e Northerly line of
the r~ht-of-w~y of U.S. Highway No. 10; I~n~ southerly of the ~utherly shore lm~ of ~k~ Orono; ~nd I~ ~nst~rly of ~e foHowln~ described
S~d ~e ~1 bein~ desc~bed ns Commene~ nt the Southwest corner of said Northwest ~u~rter; thence N~rth 89 de~rees 16 minutes 4~ seconds
E~st ~lon~ the Sou~ lin~ of sa~d Southwest Quarter for ~81.14 ~eet; thence Nor~ I d~Rr~e 46 minutes O0 seconds W~sK for ~.~ feet. more
or less. to Intersect said Northerly ~e of the ht~hwny rlR~t-of-~ny, s~ld po~t of lnte~ec~ion also be~ the actual Point Of
o~ n~id ~ne ~1 to be hereby described; thence continue North I de~ree 4~ ~lnut~n ~ s~eonds ~est alon~ s~ld ~ne ~1 (s~id ~ne ~1 beln~ m~rked
~ Judicial ~ndm~rks set pursuant to Yorrens F~le No. CE-66-106~) lot approximately 107~ ~eet to ~tersect with ~nd term~ntc s~ld
~1 nt s~d ~u~rly shore line of ~ke Orono.
For th~ purposes of th~ n~v~ d~sc~ptlons th~ ~ost lin~ of tho Sou~w~st ~u~rt~r of s~d Sectlon ~R ~s assumed to be~ ~ouKh 0 de~rees 46 ~inutes
~1 seconds
AND (TORRENS PROPE~):
~l that part of ~e following described property lying sou~er{y of '~ne D" to be hereinafter desorlbed; and }y~{ southerly of a {in~ 45.00 feet
somberly of. as measured at right angles to. and parallel wl~ ."~ne ~ (and the easter{y extension ther~o~) to be herelnn{ter described; the
easterly end of s~d p~rn[lcl ~ne to herin at 'Point ~ to be hereinafter described:
P~CEL ' A":
~at part of tY.e Nortl~west Qu~mr of Section 32. Towns~p 33. R~R~ 2~. Sherbu~ ~unty. Minnesota. described as Commencing at the Soutl~west
corner of said No~west Qua~er; thence North 89 de{tees. 18 minutes. 46 seconds East along the ~u~ line of said Northwest Quarter
367.66 feet to a ~int to be hereafter known as Point 'A' {or the p~oses of this dnscrlption; ~ence continue North 89 de{tees. 16 minutes.
46 seconds ~axt along ~id Sou~ line {or 313.48 feet; thence Hor~ I degree.' 48 minutes. ~ seconds West for 90.63 feet. more or less. to
~tersect ti.e Northerly ~e of ~0 ri{hi-of-way of U.~. Highway No. 10. said point of intersection also be~ the actual Point Of Be{inninR
of the land to be hereby d~scrlbed; thence con~ue Nor~ I de{rec. ~ minutes. '00 seconds W~st for approximately 1827 feet to intersect the
thread o{ ~e ~k ~ver; ~ence ~esterly along said ~e~d of the ~k River to intersect a l~e b~a~g North { degree. 48 ~iuuten. O0 seconds
West {rom said Point 'A'; ~ence South i de{rec. 4~ ~utea. O0 seconds East for approximately 1829 leer to tnters~t said Northerly ime of
~e highway r~t-of-way, said l~t point of lnte~ecUon ~o be~ n distance of ~3.84 f~et. more or less. uo~ of said Point 'A' as
m~asur~d ~ont said l~e ~ North I de{ret. 4~ minutes. ~ seconds ~mst; ~nce nor~masker{y along said highway r~ht-of-way, b~in[
non-tangential cu~ concave to ~e nor~. radius 2179.~3 ~e~ {or a cen~m{ ~le o{ ~ degrees. R{ m~utes, l~ seconds, and {es{th
f~et. more or less. to ~0 Point Of ~{{nni~{. For ~e purposes of this deac~p~on the W~nt line of the Sou~wast Quart~ 'of said Section
~R Is ass~ed to be~ ~uth 0 degrees. 48 minu~s. 31 seconds ~st. The ~undarles of the pre~ses here~ descend are as delinaated by
jvdic{~ {~arks ~ the ~nal C~icat~ of S~ey attached to Order
All ~at ~ of the {Ollo~{ desc~bed p~p~rty ly~{ southerly of n ~ne 45.00 feet northerly of. as measured at ~{ht angles to. and parallel
wit~ '~ne ~ to ~ h~reinaiter d~scrib~d:
~at pa~ of ~e No~hwest Qu~er of Sec~on ~. Townshi~ ~. ~nt~ ~6. Sherbu~e County. M~neso~. desc~bed as CommenclnR at ~e Southwest
corner of said No,west Qua~er; thence No~h 89 dc{tees 18 m~utes 46 seconds East ~on{ the Sou~ ~ne of ~ld Northwest Qua~er tot
feet to · point to be her~r kno~ ~ Po~t 'A' for the pu~es of ~is d~sc~p~on; thence North I de{tee 4~ minutes O0 ~econds W~st for
33.~ feet. mot0 or less. to ~tersect ~ Nor~mr{y line ~{ ~e ~ght-o{-~ay of U.S. Highway No. 10. said po~t of intersection also bela{
the actual Point Of Be{in~g of th~ l~d to be hereby d~sc~bed; thence con~ue No~ I de{tee 48 minutes O0 seconds W~st for approximately
1829 feet to ~tersect the thread of the Elk ~ver; thence w~terly along s~d thread of ~e Elk ~ver to intersect the ][est line of
Northwest ~arter of ~c~on 3R~ thence ~u~ 0 de{tees 45 minutes 50 seconds East ~lon{ said Wes~ line of ~e Northwest Quarter {or
appro~{mately l~ feet to Intersect said No~her{y ~ue of the ~hway ~ht-of-~ay. s~d last point of inte~ectlon also bela{ a distance
of ~.85 feet. more or l~ss. no~ of said Point OI Co~no~ment. as meas~ed along said West ~ne of the No~hwest Qua~er; thence North
degrees ~ minutes 42 seconds East ~on{ said highway ~ght-of-wny for 114.1i feet; thence cont~ue easter{y along said highway ri{ha-of-way
being a t~{entt~ cu~e coucav~ to ~e no~h. ra~us 2179.33 feet. Ior a central a~le of 6 deRrtes ~9 minut~ ~6 seconds, and [en{~h 253.33
I~et. more or le~. to the Point Of BegOnia{ For the pur~s~s of ~ls description ~ W~t line of the ~uthw~st Qua~er of said Section
~ is a~umtd to bear South 0 de{tees. 48 ~nutea. 31 seeouds
To{e~er ~th t~e East 24 l~et of the Sou~ 975 feet; and ~e East 20 feet of ~e No~h ~0 feet of the Sou~ 1005 feet: aH (beinR part) of
the Northeast Qu~er of ~ction 31. said Township ~3. ~n{e 2~. ~id County and Stat~.
Excepting therefrom all that part of n~d ~st 24 {e~t of the South .975 feet t~en for said U.S. Highway No. I0.
~o together ~ aH ~at ~rt of the East 191 f~et of ~id East Half of the Northe~t Qua~e~ of Section 31 I~n{ southerly of said thread
of ~ Elk River. ~d 1~ no~h of the No~ ~e of s~d ~uth 1~5 feet of ~e Kant Half of the Northeast Qua~er. The bo~nd~es of the
premises here~ described ~e as del~eated by {udicl~ I~dmarks tn the Final Cer~ficate ~ Su~ey attached to Order ~I~855.
~ that part of aha fo{lowin~ desc~bed prope~y I~n{ sou~erly of a ~ne 45.00 feet northerly o{. as meas~ed at ~{ht angles to. and parallel
wlth '~ne ~ to ~ hereinafter descried:
That pa~ of ~e Went 181.~ f~et of the ~st 205 ~ feet. ~ measured at ri{ha an{les, of the Southeast Quarter of the Northeast Qua~er. lylnR
south of a line nt ~{hl an{les lrom the ~st }~e of ..;d ~u~east Qua~er of the Not,east Quarter {rom a ~lnt on said ~nt ~ne a ~stance
~94 O0 feet no~ of the Southeast ~er of said ~uthcast Quarter of the No~he~t Qua~er. Section ~1. ~ownship 33. Range R6. Shcrburne County.
Minnesota.
t
~eld 'l~nes A, and C', and sa~d 'Point B". ere described es follows:
Commencing et tiaa Southwest corner of said Southwest Quarter of the Northwest Qulrter of ~ctiou 32; thence North 89 degrees 29 minutes ~3 seconds
"a~t. assumed basis of end for the Iollo~n~ described bearings, alon~ the ~uth li~e ol said ~uLhwest Quarter of the Northwest Quarter for
tvtance of 10~.9~ feet; thence Nortl~ 2~ de~reee 26 ~utea 44 seconds West alon~ said line to be hereinafter kno~ an '~ne A* Ior ~e
ol th~s descrnpt~on Ior s distance of R51.13 feet; ~ence no~hwesterly end westerly lot a d~stance of 3~.44 feet along a essential cu~e concave
to the sou~west, said cu~e ~ to be ~o hereinafter known ns "~e A". bn~n~ a radius of ~.~ feet and a central an~le of ~ de~rees 4~ minutes
49 seconds to said point to ~ hereinafter relerred ~ as "Point ~ lot the pur~ses of th~ description. ~nd there to te~innte said ~ne A'. said
'Pome ~ also ~mt the actual Point Of Be~mntng of sand =~ne ~ to be hereby described; thence South ~ degrees 50 mmutea gT seconds West along
aa d ~ne C. and t~ngent to the l~t described cu~e. for n distance of ~47.06 leek; thence westerly ~nd souLhwesLerly aloe[ said ~ne C for
distance of ~2.~ lest and alon~ a tangental eu~e concave to ~e southeast having a radius of ~0.~ lest and a central an~le ol 44 de,tees ~9
minutes 51 seconds', thence South ~4 degrees 10 minutes ~6 seconds West aloeR said Use C, and tangent to the last described cu~e. for n distance
of ~5 O0 lest; thence southwesterly and westerly along said ~ne C. bem~ a tangential cu~e concave to the northwesK, having a radius of ~1~.~
feet. lot · central nn~le of 5~ de,tees 07 minutes ~8 seconds ~d length ~08.5~ lee: and there terminate said Use C.
~aid 'Point ~' and "~ne D' are described as lolloes:
Commeneinl at the a~ve described Point B: thence North 09 degrees 4e minu~es 5~ second~ ~s~. not tangent to :he last deac~bed cu~e. for
~iat~ce 4~.18 ieee to said ~oint to be her~in~L~r known ~s 'Point ~ lot the purposes of this description said Po~t F a so be nR the actual point
of beginning ol said '~ne D to be hereinafter described; thence e~sLerly and southeasterly for a distance of ~52.74 feet alon~ a~id ~ne D, bem~
a non-tangental cu~e concave to the southwest having a radius ot ~ET.~E ~eeK. a central angle of 44 degrees 14 minutes E~ seconds ned's chord
beanng of ~uth ~9 d~grees O~ minutes 10 seconds East: ~et~ee continue southeasterly along said ~ne D for a distance of 19~.~ feet alon~
compound curve concave to the southwest ha~ng a radius of ~.00 ~eet and a central an~le of ~1 degrees R8 minutes E1 seconds; thence South
degrees ~ minutes 4~ seconds East along said ~ne D and tangent to the last desc~bed cu~e lora dls~nce of 4~.~0 lest Lo the intersection thereof
with the Northerly right-of-way line of U.S. Hlgh~ny No. 10. and there ter~nate said ~ne D.
~aid '~ne G= la described as IoUows:
Commencing at the above descried Po~t B; thence South I degree ~0 minutes 41 seconds East. not tangent to the last described eu~e. for a disease
4~.60 leer to a po~t. s~id ~mt also being the actual point of beginnin~ of said "~ne G' to be hereby de~c~bed; thence easterly and southeasterly
alon~ said ~ne G for a d~tance of ~OR.T~ lest ~long a not~-tan~ent~al cu~e concave to the aoutl~west havin~ a radius of 26~.58 leeK. a central angle
of 44 degrees 14 minutes E8 seconds and a chord bearing of South ~9 degrees OE minutes 19 seconds E~st: thence continue southeasterly along said
~ne G lot n d~tanee of 13~ 4~ lest along a eompo~d cu~e concave to the southwest ha~n~ a radius ol ~E.~ leek ~nd a central nnEle of ~l delrees
R~ minutes El seconds; thence South R5 degrees E& minutes 44 seconds East alon~ said ~ne G and t~ent to the last desc~d cu~e for a dis~nee
of 4E.~ lest to ~e tntersee~on thereof wi~ the Northerly ~ht-of-way bee of U.S. Highway No. 10. and there te~inate s~td ~ne G.
~D T~T Guardian ~gels Foundation. Inc.. · gl~esota non-profit Corporation. lee o~ner o~ the lollo~n~ deaerlbed property situated In the State
~mnesota. County of Sherbets,
(~
All that p~rt of ~e lollo~ing described property I~ng southwesterly of "~ne D" Ko be hereinafter described, and l~ng northeasterly of "~ne
to be hereinafter deac~bed:
All that part of ~e Northwest Quarter of ~ection ~E. T~shlp ~. Range Ee. Sherburne County. gl~esota, lying norLherly o~ the Northerly
the right-of-way of U.~. Highway No. 10; lying southerly ol the ~utherly shore line of ~ke Orono; and I~ng easterly of ~e follo~n~ described
~ne ~1:
Said ~ne ~1 being desc~bed as Commencing at the 8outwear corner of a~d Nor~west Quarter; thence North e9 degrees 16 minutes 46 seconds
~st along the Sout~ line of said Southwest ~uar:er lor ~81.14 lest: ~enee North 1 de~ree 48 ~inutes ~ seconds West for ~.~ feet. more
or less. Lo intersect s~d Northerly ~ne of the highway r~ht-of-way, said point ol inLe~cetion also bein~ the actual Point Of Beginning
of a~d Use ~1 to be hereby deac~bed: thence continue Nor~ 1 degree 4~ minu~es O0 seconds West along said ~ne ~1 (said Use ~1 bein~
marked with Ju~el~l ~ndmarks set pursuant to Torrens File No. C2-88-108~) lor approximately lOTg lest to intersect with ~nd terminate
said ~ne ~1 at said Southerly shore line o~ ~ke Orono.
For the purposes of the above deae~ptJons the West line of the Southwest Quarter of said Section ~ Is assumed to ~r Sou~ 0 degrees 4~ mtnute~
Ol seconds
~aid '~ne D" is described as follows:
Commeneinl at the Southwest eo~er of said SouLh~est Quarter of ~e Nor~west Quarter of Section ~2~ thence North 89 degrees R9 minutes ~ seconds
East. assumed bas~ ot ~nd lot the following described bearings. ~lon~ the South line of a~td Southwest Quarter of the No~hwest Quarter for
distance of 105~.95 lest; thence North E~ de,reel ~ ~utes 44 seconds ~est ~on~ a line to be hereinafter kno~ as '~e A' lor ~e pu~oses of
this desc~ptlon lora d~tanee of ~51.1~ teat: ~enee northwesterly and westerly for a distance of ~96.44 lest along a tangenU~ eu~e concave
to ~e nou~west, s~d c~e ~ to be also herelnalter ~o~ as '~ne A'. haling a radius of 3~.00 feet and a central an~le of T~ de,tees 4~ minutes
. 4~ seconds to said point to be hereinafter refe~ed to as "Point ~ tor ~e pur~ses of th~ descrip~on, and there to te~inate said ~ne A'; '
thence North O9 de~reea 46 minutes 5~ seeon~ East. no~ tangent to the last described cu~e. for a d~stanee 48.18 feet to a poise to ~ hereinafter
kno~ ~ "Point ~ for the pu~a~ of t~ description, said Point r ~ao bein~ the actual point of'beginning of said "~ne D" to be hereinafter
desc~bed; thence easterly and aouth~sterly for a dls~nce ot ~5E.~4 feet alon~ said ~ne D. being a non-esSential eu~e cot~cave to the southwest
having a radius of ~a7.~ lest. n cen~al ~le ol 44 de~rees 14 minutes ~ seconds and a chord beanng of South ~9 de&rees O~ minutes 19 seconds
East: thence continue southeasterly aloe& s~d ~ne D for a distance of 19~.~ lest along a compound curve concave to the southwest havln~ a radius
ol ~.~ lest and a cen~ ~gle of ~1 degrees ~ minutes ~1 second; ~ence South R~ degrees 26 minutes 4~ seconds East aloe& said ~ne D and
tangent to the last desc~bed eu~e lot a d~L~nce of 46.80 feet to the lnte~ec~on ~ereof ~th the Nor~erly ri&he-of-way ~ne of U.S. Hi&hway
No. 10. and there terminate said Use D.
a~d "~ne G' b described ~s follows:
Comme,c~ at the n~ve described Po~t B; thence ~uth I de, tee 50 minutes 41 seconds East. not tangent to the last described cu~e. for
45.~0 lest to ~ ~int. a~id ~mt also being the actual point o~ begJnmn~ of said "~ne G' to be hereby described; thence easterly and southeasterly
alo~ ~id ~ne G for a distance of 20R.T~ feet along a non-t~ential cu~e concave to the sou~west hn~ng a radius ol ~.58 feet. a cen~al an~le
of 44 degrees 14 minutes E8 seconds and ~ chord bearl~ of South ~9 de~rees OR minutes 19 seconds E~st: ~ence continue southeasterly alon~
~ne G for a ~tance of 1~8.4R {eat ~on~ a compound cu~e concave to the southwest ba~n~ a radius of ~5~.~ lest and a central angle of ~1 degrees
~e ~nutes ~1 seconds; ~ence South E5 degrees ~6 minutes 44 seconds East along said ~ne G and ~ntent to the i~s~ descend cu~e for a distance
of 4R.~ ~eet to ~e lnteraee~on ~ereof wl~ the Northerly ~ght-of-way line of U.S. Highway .No. 10. and there terminate said ~ne G.
EXHIBIT B
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