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04-094 RES RESOLUTION NO. 04 - ~4 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Trott Brook Farms 10th Addition Case No. P 04-26 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 August 17,1998; 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: 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 Kuester The following voted in favor of the Resolution. Mayor Klinzing, Councilmembers Motin, Kuester, TveitI'! The following voted against the Resolution: None The following were absent: Councilmember Dietz WHEREUPON the resolution is adopted. Passed and adopted this 15th day of November, 2004. ?7 r 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 coe~,r the r;esqlutiQJ1..as adopted by the City Council of the City of Elk River on ~ /,5 , 2004. - WIT!'J.I;SS m. y~ officialjy as such Clerk and the corporate seal of the City this ~ay of ~ ,2004. ~ STATE OF MINNESOTA SS. COUNTY OF SHERBURNE ~ \ \ The foregoing instrument was acknowledged before me this I"') day of ''\\'C")-H ""be r ,2004, by Stephanie Klinzing, Mayor, City of Elk River Min .;f I / ~/' C)""" TINA MJLLARD -~'~''''''':_'_ NOT\R.Y PU:'_::' . t:.:,~NESOTA -.' '. ..~_ ,- - ~,~y CommissiQn Exp:lca Jan., 31, 2OD5 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE ~ The foregoing instrument was acknowledged .befor..e. ~ ~;, Jt90f \\~effi\Y( ,2004, by Joan Schmidt, City Clerk, City 9f'€I1~iv~ . ne ta. , /'''(L / ~~ (1)..... TINA r' /.LLARD ~~.- . -- . "~< NOTA"y Pl.;:~':- t",'NESOTA Notary Public ,,_.:, Mf Commis::con E.xplre$ Jan. 31, 200S EXHIBIT A That part of Outlot C, Trott Brook Farms, according to the recorded plat thereof, Sherburne County, Minnesota lying northerly of Trott Brook Parkway as dedicated in Trott Brook Farms 8th Addition, according to the recorded plat thereof, Sherburne County, Minnesota and also lying northerly of Trott Brook Farms 9th Addition, according to the recorded plat thereof, Sherburne County, Minnesota. Conditions: EXHIBIT B . 1. 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 LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. 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. 4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. 12. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENT, AND LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.