04-075 RES
RESOLUTION NO. 04- 25
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Belmont Estates
Case No. P 04.17
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(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 pre1iminary 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
August 16, 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, TI-IEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE
CITY OF ELK RIVER, as follows:
1. 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.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
3. 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.
4. 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.
5. 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 Tveite and
duly seconded by Council Member Dietz . The following voted in favor
of the Resolution.
Mayor Klinzing,Councilmembers Motin, Kuester, Dietz, and
Tveite
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this~ ~ay of~ ,2004.
~~
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CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clem. 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 ~..:b ,
2004.
""d. . WITNE~officially as such Clerk and the corporate seal of the City this
~\day of , 2004. ,
~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Jo
A. ~t f~r~going instrument was acknowledged before me thi~ay of
./~-<--' , 2004, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
JO!\M M. SCHMIOT 1A
N01A1W I'\JBUC:MI~~;S;; 2005 ':
My Co\Tl11isSi01\ExPlI9S-'0 .
STATE OF
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me . s ~ day of
:Y~ """C , 2004, by J= ""mid<, C<y """ Ci~d Rivff&r? ~
Notary Public
TINA M. ALLARD
NOTARY PUBLIC. MINNESOTA
My Commiss'lon Ex:pir~s Jan. 31,200&
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EXHIBIT A
Legal Description:
The East 736 feet as measured along the North line of the Northeast Quarter of the
Northeast Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota.
EXCEPT that part of the Northeast Quarter of the Northeast Quarter of Section 2,
Township 32, Range 26, described as follows: Beginning at the point on the North line of
said Northeast Quarter of the Northeast Quarter that is 371.00 feet West of the Northeast
comer thereof; thence continue West along said North line a distance of 365.00 feet; thence
South parallel with the East line of said Northeast Quarter of Northeast Quarter a distance
of 544.5 feet; thence East parallel with North line of said Northeast Quarter of the
Northeast Quarter a distance of 365.00 feet; thence North parallel with said East line a
distance of 544.5 feet to the point of beginning, according to the United States Government
Survey thereof and situate in Sherburne County, Minnesota.
ALSO
EXCEPT the East 176 feet of the North 725 feet of the Northeast Quarter of the Northeast
Quarter of Section 2, Township 32, Range 26, according to the United States Government
Survey thereof and situate in Sherburne County, Minnesota.
ALSO
EXCEPT Parcels 21 and 22, Sherburne County Highway Right-of-Way Plat No.7 according
to the map or plat thereof on file and of record in the office of the Sherburne County
Recorder.
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EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED.
3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
4. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
6. PARK DEDICATION SHALL BE IN CASH FOR 32 LOTS AND SHALL BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. THE PLAT SHALL COMPLY WITH THE R1-C SETBACK
REQUIREMENTS.
8. A LANDSCAPE PLAN SHALL BE PROVIDED THAT MEETS THE
ORDINANCE REQUIREMENTS.
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