97-006 RES RESOLUTION NO. 97 - 6
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HEYING ADDITION
CASE NO. P 96-11
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 and final plat approval has
been referred to the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on January 28, 1997; 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:
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.
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The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
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.
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The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
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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 two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing
Farber
Holmgren
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Henry Duitsman
Council Members Farber, Holmgren, Dietz and Thompson
The ~llowing voted againstthe Resolution:
None
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this ..~/'~day of
~_.~ ,~.,.~ 1997.
//H~nry/Duitsman, Mayor
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CERTIFICATE
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 cop.~ of the resolution as adopted by the City Council of the City of Elk
River on C.~,_..z/' ,1997.
ESS my hand officially as such Clerk and the corporate seal of the
City this,.2/~,f-day of~-~ ,1997.
Sa~dra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~l~+-day of
(-7~.~:~~. , 1997, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~ The foregoing instrument was acknowledged before me this C~L/$'~day of
Thackeray, Clerk, City Elk River,
, 1997, by Sandra City of
/J(/linnesota.
~ota~ Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
1) That part of the Northwest Quarter of the Northeast Quarter of Section 34,
Township 33, Range 26, Sherburne County, Minnesota, described as follows:
Beginning at a point on the North line of said Northwest Quarter of the Northeast
Quarter a distance of 417.98 feet east of the Northwest corner thereof; thence
South 15 degrees East a distance of 964.23 feet, more or less, to the North line
of School Street as laid out and established on November 21, 1983, in the City of
Elk River (said South line also being a line which is parallel with and distant
66.00 feet north of the extension east of the North line of NORTH TERRACE
ADDITION on file and of record in and for said County); thence east on and
along said North line of School Street to intersect the Westerly right-of-way line
of U.S. Highway No. 169; thence northwesterly on and along said Westerly line
of the highway right-of-way to intersect said North line of the Northwest Quarter
of the Northeast Quarter; thence west on and along said North line to the Point
of Beginning. For the purposes of this description said North line of the
Northwest Quarter of the Northeast Quarter is assumed to bear South 89
degrees 02 minutes East.
AND
That part of said Northwest Quarter of the Northeast Quarter of Section 34 lying
within the following described property:
2) Beginning at the North Quarter Corner of said Section 34, thence South
89 degrees 02 minutes East, assumed basis of bearings, along the North line of
said Northwest Quarter of the Northeast Quarter for a distance of 417.98 feet;
thence South 15 degrees 00 minutes East for a distance of 896.01 feet; thence
due West for a distance of 1982.41 feet, more or less, to intersect the West line
of the Northeast Quarter of the Northwest Quarter of said Section 34 at a point
thereon a distance of 887.07 feet south of the Northwest corner thereof; thence
North 0 degrees 45 minu~es East along said West line for said 887.07 feet to
said Northwest corner thereof; thence North 89 degrees 54 minutes East along
the North line of said Northeast Quarter of the Northwest Quarter for a distance
of 1321.17 feet, more or less, to the Point of Beginning.
(This description being the same property as described in Book 75 of Deeds,
Page 252; and in Book 82 of Deeds, Page 246).
3) and lying east of a line 40.00 feet westerly of, as measured at right angles
to, and parallel with the following described line to be hereafter known as "Line
A" for the purposes of this description:
Said "Line A" beginning described as Beginning at the point of intersection
of the North line of said Northwest Quarter of the Northeast Quarter with a
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line 269.44 feet, as measured as right angles, southwesterly of the
Westerly line of the right-of-way of U.S. Highway No. 169; thence South
17 degrees 14 minutes 39 seconds East parallel with said Highway right-
of-way for a distance of 398.85 feet; thence continue southerly along a
tangential curve, concave to the west, radius 300.00 feet, for a central
angle of 18 degrees 45 minutes 23 seconds and length 98.21 feet; thence
South 1 degree 30 minutes 44 seconds West tangent to said curve for a
distance of 454.08 feet, more or less, to intersect the North line of the duly
recorded plat of ELK RIVER PLAZA, said County, and there terminate
said centerline. For the purposes of this description, the North line of said
Northwest Quarter of the Northeast Quarter is assumed to bear North 89
degrees 29 minutes 21 seconds East.
Subject to two easements to said City of Elk River for School Street and
Freeport Avenue as described in Instrument No. 299696. Also subject to
utility easements to said City of Elk River as described in Instruments No.
202405, No. 208714, No. 294915, and No. 294962, files of the County
Recorder.
Containing 4.95 acres, more or less, exclusive of the above described
street easements at Instrument No. 299696. Also subject to other
easements of record, if any.
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