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04-052 RESRESOLUTION NO. 04 - 52 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Taco Johns Addition Case No. P 04-10 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 January 18, 2000; 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 specialized city, county, and regional plans including, but not limited to, Comprehensive Development Plan. and the City's 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. 04-52 D. The proposed subdivision makes adequate provision for water storm drainage, sewage transportation, erosion control and all other facilities and improvements otherwise required herein. supply, services, 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 by Council Member Dietz and duly seconded by Council Member Tveite. The following voted in favor of the Resolution. Mayor Klinzing, Councilmembers Kuester, Motin, Tveite, and Dietz The following voted against the Resolution: None The following were absent: None WHEREUPON the resolution is adopted. Passed and adopted this 21't day of June, 2004. ing~2~or 04-52 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 June 21, 2004. WITNEcSSx ~my h~an.d officially as such Clerk and the corporate seal of the City this day of (~.~._~ ,2004. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE j :,~a~Schmidt, City Clerk The foregoing instrument was acknowledged before me this ~'~day -~J~ ,2004, by Stephame I(2inzing, Mayor, C~j of Elk River, Minnesota. ~.~tary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE of JESSICA M. MILLER NOTARY PUBLIC - MINNESOTA ~l~C~n Dtpires Ja~ 3;, 2007 e foregoing instrument was acknowledged before me this of 2004, by Joan Schmick, City Clerk, Citw or, Elk River, Minnesota. ~ ~Public - ~v, ~ 04-52 EXHIBIT A Legal Description: Outlot A, Home Depot Addition, Sherburne County, Minnesota 04-52 Conditions: EXHIBIT B 1. All comments of the City Engineer shall be addressed. 04-52