RES 05-005
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RESOLUTION NO. 05- ~
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Windsor Meadows
Case No. P 04-18
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 refetted 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
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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 fmal plat complies with each of the conditions set forth
by the City Council in its approval of the pr.eliminary 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.
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D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services, facilities and
improvements othelwise 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 authoriied, 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 Reso.lution 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.
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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.
Dietz
The foregoing resolution was introduced by Council Member and
duly seconded by Council Member Farber . The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Motin, Dietz, Farber,
and Gumphrey
The following voted against the Resolution:
None
The' following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this . 18th day of January
,2005.
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EXHIBIT A
Legal Description
The Northeast Quarter of the Northeast Quarter, and the North Half of the Northwest
Quarter of the Northeast Quarter, and that part of the Southeast Quarter of the Northeast
Quarter, lying North of a line beginning at a point on the East line thereof, a distance of
87.85 feet south of the Northeast comer thereof; thence westerly to terminate at a point on
the West line of said Southeast Quarter of the Northeast Quarter distant 57.80 feet South of
the Northwest comer thereof, all in Section 18, Township 33, Range 26, Sherburne County,
MN.
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EXHIBIT B
Conditions:
1. A developers agreement outlining the terms and conditions of the plat
approval and installation of improvements be prepared and executed prior to
releasing the plat for recording.
2. All comments of the City Engineer be shall be addressed.
3. A homeowner's association document is prepared subject to the City
Attorney's review and approval prior to final plat.
4. Street lights shall be installed as required by Elk River Utilities.
5. A letter of credit shall be provided to the city in the amount of 100% of the
costs of the public improvements.
6. 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 the period of one year.
7. 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.
8. A sealcoat fee in the amount to be determined by the City Engineer be paid
prior to releasing the plat for recording.
9. A grading and erosion control plan shall be approved by the City Engineer
prior to the issuance of building permits.
10. A development plan shall be approved by the City Engineer prior to the
issuance of building permits.
11. All grading be certified prior to the issuance of building permits.
12. All mailboxes shall be clustered.
13. Any trees off site near the limit of grading that are to be preserved shall be
fenced with a snow fence at the drip line to prevent grading, compaction, or
storage of equipment, debris or materials. Staff shall inspect fencing prior to
clearing or grading commencing.
14. All disturbed areas shall be graded and seeded.
15. Maintenance and ownership of the outlots shall be the responsibility of the
homeowners association and shall be included in the homeowners association
agreement.
16. All appropriate easements shall be shown on the plat.
17. Any item or condition found that indicates the site is likely to yield
information important to pre-history or history shall be reported to the city
immediately. Further, the city reserves the right to stop work authorized in its
approval until the site is appropriately investigated and work is authorized to
continue by the city.
18. The access (212th Avenue) from Windsor Park 1st & 2nd Additions shall be
temporarily blocked until the final lift of bituminous is installed and/or 50%
of the homes are occupied.
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