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6.2. SR 02-16-1999 rCI ----'\) ( ); tll< ITEM 6.2. MEMORANDUM TO: FROM: Mayor and City Council Scott Harlicker, Planning Assistan~ February 16, 1999 DATE: SUBJECT: Request by Dave Gracik for Final Plat Approval (Hidden Creek), Public Hearing Case No. P 97-17 Reauest Dave Gracik is requesting final plat approval to subdivide approximately 4.6 acres into 1 single family residential lot and 2 outlots. Location The southeast corner of 193rd Avenue and Meadowvale Road. . Zonine/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments . Location plan . Preliminary plat . Final plat . Letter from City Engineer . Report on preliminary plat . Resolution No. 99-_ Overview Preliminary plat approval was granted by the City Council on February 17, 1998 to subdivide 4.6 acres into 7 single family lots. The final plat includes 1 single family lot which contains an existing house and 2 outlots. Outlot A will eventually be platted into 4 single family lots consistent with the preliminary plat. Outlot B, on the south end of the site, will be combined with the property to the south and be included as part of a proposed townhouse development. Outlot A is 87,165 s.f., Lot 1 is 33,20 s.f. and Outlot B is 30,240 . s.f. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425 Memo to Mayor and Council/P 97-17 February 16, 1999 Page 2 . Utilities to be installed as part of this plat include sanitary sewer. Sanitary sewer will be installed along the frontage of the lots extending to the southern boundary of the plat. There is an existing water along the east side of Meadowvale Road in front of the lots. Additional comments are found in the City Engineer's memo. There are no new streets proposed as part of this plat. An additional 17 feet of right-of-way will be platted as part of County Road 44. There will also be a 10 foot bituminous trail constructed along Meadowvale Road. Recommendation It is recommended the City Council approve Resolution No. 99-_ granting final plat approval for Meadowvale, L.L.P. (Hidden Creek) creating 1 single family lot and 2 outlots with the following conditions: 1. A developers agreement be prepared and executed prior to releasing the final plat for recording. . 2. Water availability charge be paid to Elk River Municipal Utilities prior to releasing the plat for recording. 3. All comments of the City Engineer be addressed. 4. A letter of credit be provided to the City in the amount of 100% of the cost of public improvements. 5. Upon completing all of the improvements and having them accepted by the City, a warranty bond in the amount of 25% of improvement costs shall be submitted to the City for a one year period. 6. Developer construct a 10' wide bituminous trail along Meadowvale road. Details of the trail shall be included in construction plans that can be reviewed by the City Engineer. A reimbursement to the developer in the amount of $10 per linear foot will be credit to the park dedication requirement. 7. The applicant work with Sherburne County and the DNR to fill and extend the culvert on the east side of Meadowvale Road. Permits from the DNr must be obtained prior to any grading or filling adjacent to the creek. Copies of all permit shall be provided to the City. . 8. Developer be responsible to pay a lateral assessment for the water main. s: "\planning\scott"\p97 , 17f.doc Memo to Mayor and CouncillP 97,17 February 16, 1999 Page 3 . 9. The developer pay trunk sanitary sewer and watermain assessment. 10. Sanitary sewer be installed along the east side of Meadowvale Road as part of this plat. . . s:\planning\scott\p97,17f.doc . . . Amended conditions for Hidden Creek 4. Delete condition #4 5. Delete condition #5 6. Developer construct 10' wide bituminous trail and install sanitary sewer along Meadowvale Road as part of Meadowvale Townhouse Development. Details of the trail shall be included in construction plans that can be reviewed by the City Engineer. A reimbursement to the developer in the amount of $10 per linear foot will be credited to the park dedication requirement for the Hidden Creek plst. . . ()t..dkt R€f'fc~ 8. Developer be responsible to pay a lateral water main assessment for Lot 1, Block 1 and the outlots when they are platted. 9. The developer pay trunk sanitary sewer and water main assessment when the outlots are plated. 10. Delete condition # 10 . . . EXHIBIT B 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 2. WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 4. DEVELOPER CONSTRUCT A 10' WIDE BITUMINOUS TRAIL AND INSTALL SANITARY SEWER ALONG MEADOWVALE ROAD AS PART OF MEADOWVALE TOWNHOUSE DEVELOPMENT. DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN BE REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN THE AMOUNT OF $10 PER LINEAR FOOT WILL BE CREDITED TO THE PARK DEDICATION REQUIREMENT FOR THE HIDDEN CREEK OUTLOT REPLAT. 5. THE APPLICANT WORK WITH SHERBURNE COUNTY AND THE DNR TO FILL AND EXTEND THE CULVERT ON THE EAST SIDE OF MEADOWVALE ROAD. PERMITS FROM THE DNR MUST BE OBTAINED PRIOR TO ANY GRADING OR FILLING ADJACENT TO THE CREEK. COPIES OF ALL PERMIT SHALL BE PROVIDED TO THE CITY. 6. DEVELOPER BE RESPONSIBLE TO PAY A LATERAL MAIN ASSESSMENT FOR LOT 1, BLOCK 1 AND THE OUTLOTS WHEN THEY ARE PLATTED 7. THE DEVELOPER PAY TRUNK SANITARY SEWER AND WATER MAIN ASSESSMENT WHEN THE OUTLOTS ARE PLATTED. s:\document\resoluti\p97-17.doc Page 6 : , I '_.~, ~_.. ~~~I - / - I fi ' I' .4-d " . iI --.~ -ll";'\~1 --- "-I~:- , ,==~r- .'- -, - , . I r~( _~ I . ~ C; of .~ Ell{"River I P'. . PO Box ..:.90 [3065 Orono :lI'Kway :..~~. Elk River. :V[N ))..)-,0 I LOCA TION MAP N.T J. '1 i / CASE: P q1-/7 ~ r - e PRELIMINARY HIDDEN --- ~ _w_ .ili- pp@ a.v. () "",.0 o MH. < 97122 Book 22 p.64 ........ DENOTES EXlSTTNG ElEVATTON DENOTES EXfST1NG CONTOUR (1' 1IVTEHVAL) DENOTES ItVOOS UNE DENOTES WETlANDS DENOTES WET lANDS DENOTES POWER POLE DENOTES G41F VALIof" DENOTES HYDRANT DENOTES IMNHOt.E DENOTES SANITARY SEWER ... FlOW DENOTES WATERMAlN DENOTES BUILDfNG SETB4CK UNES DENOTES ORAINACE AND UTTLITY EASEMENT" DENOTES ORAINACE EASEUENT .__.1 . . PLAT OF: OWNER\DEVELOPER: Dave Gracik 19201 Meadowvale Road Elk River, Mn. 55330 (612) 241-1167 CREEK II Iv ~ ... , - r r - ') I '\: t: .. I ~ "i :) , ../ /' \,',: 'v ,'.-, :~I ~~: (; r I I r"', If' ............1 .. ~ I I.. ~ I I ,r. V ~/ r7 i,,:t...1 l / NY.-M<<.21 .c. 8624 CUftJ NtID CVT1E'R I l " T..lJ. R.M. -'4y .. ANtI KNOPICI( II.1/. ~f1 E.NI.....tIll 'f > If'~__> 1fJ,i{,?!) " lP RJIfCC",., ,4 VE';;' 11M. _n AVE: I I ...... -~ I 8824 CURtI Nit) CVT1E'R ^ .,---------- / O.H.~ a.He. >lL ( l y , \ I ~ - ~ J I I - ~' I honIby -wy that en. __ pion or -' ...... ~ by 1M or IHI<>>r lIlY _ __ and :::: 'ere: ;:. ~"",,:::;:. s.n.yor IHI<>>r 1M _7~ ~~ PARALI.El. WfTH THE: NORTH /JNC OF THE NE1/4 OF THE SE1/4 OF SE:C.29, T..lJ. R.26. DEAN .t L€ANN GRN:HO( P~LARIS LAND SURVEYING -- "tS ... l.MIItNClI: AYE. p.o. lOX 'I ~7\",t Oo/R MIchatI/ J. rrvnk ~'" 1.k:tInM1 No.184J4 IIItehaeI J. Trunk. L.S. . . . Howard R. Green Company CONSULTING ENGINEERS February 3, 1999 File: 802240J-0240 Mr. Scott Harlicker Assistant City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: HIDDEN CREEK FINAL PLAT Dear Mr. Harlicker: As you requested, we have reviewed the Hidden Creek final plat. As you are aware, this plat is located east of Meadowvale Road (County Road 44), just south of 193rd Avenue. Based on our review, we would offer the following comments. 1. The preliminary plat for this subdivision was approved on February 17, 1998. The final plat being submitted now does meet the City ordinance requirement that the final plat must be submitted within one year of approval of the preliminary plat. The approved preliminary plat contains seven lots, the largest of which contains the existing home on the property. The proposed final plat contains one lot for the existing home and two outlots, one north of the existing home and one south. The proposed outlot south of the home is planned to be combined with the property further to the south and included in the proposed development of Meadowvale Townhomes, now working its way through the Planning Commission. The plat does show the additional 17 -foot of right-of-way required along County Road 44. The plat is serviced by existing watermain, which is run down Meadowvale Road for looping purposed, however, there is no sanitary sewer adjacent to this lot. The proposed Meadowvale Townhomes south of this development will bring sanitary sewer from the intersection of Meadowvale Road and 193rd Avenue along the frontage of this plat. Since this plat is within the urban area and it is a requirement of all subdivisions within the urban area to have access to sanitary sewer and watermain, you may want to consider making sanitary sewer along Meadowvale Road a condition of this final plat approval. The preliminary plat approval required a 10-foot bituminous trail be placed along the Meadowvale Road frontage. In fact, the original plan was to place the bituminous trail immediately over the sanitary sewer alignment. The bituminous trail, as with the sanitary sewer, is shown in the preliminary drawings for Meadowvale Townhome. Again, you 2. 3. 4. 5. o.lproj.l240-0203.feb 1326 Energy Park Drive. St. Paul, MN 55108 . 651/644-4389 fax 651/644-9446 toll free 888/368-4389 . . . Mr. Scott Harlicker February 3, 1999 Page two might want to make a condition of the final plat for Hidden Creek that the bituminous trail be placed along Meadowvale Road. 6. Lot 1 in the final plat would correspond to Lot 5 in the preliminary plat. Final plat show Lot 1 being slightly smaller than the preliminary plat, therefore, Outlot A could be easily subdivided into the four lots approved in the preliminary plat. 7. This plat has never been assessed for trunk sanitary sewer and watermain, nor has it been assessed for lateral benefit from the existing watermain in Meadowvale Road. Therefore, a condition of the plat should be that the developer agree to pay both the trunk sanitary sewer and watermain assessment and a lateral assessment for the existing watermain. There would be no lateral assessment for sanitary sewer because it would be the obligation of the developer to put this utility in. 8. It appears most of the other conditions placed on the preliminary plat approval would not be applicable to this plat because of the two outlots and only one proposed lot with an existing home on it. If you have any questions concerning any of these comments, please call. Sincerely, HOWARD R. GREEN COMPANY ~)#t~ Terry J. Maurer, P.E. o.lproj.l240-0203. feb Howard R. Green Company CONSULTING ENGINEERS rCI ~'\) ( ); Ill< MEMORANDUM River TO: Mayor and City Council FROM: Scott Harlicker, Planning Assistant DATE: February 17, 1998 SUBJECT: Request by Dave Gracik for Prelim- inary Plat Approval (Hidden Creek), Public Hearing Case No. P 97-17 Reauest Dave Gracik is requesting preliminary plat approval to subdivide approximately 4.6 acres into 7 single family residential lots. Location The southeast corner of 193rd Avenue and Meadowvale Road. . ZoninI!ILand Use Rlc (Single Family Residential) 1 MR (Medium Density Residential) Attachments . Location plan . Preliminary plat . Letter from City Engineer dated 12/15/97 Backeround The 4.6 acres is located at the southeast corner of Meadowvale Road and 193rd Avenue. The property has 822 feet of frontage on Meadowvale Road and 236 feet of frontage on 193rd Avenue. There is a wetland located in the northeast corner of the plat and a DNR regulated stream which bisects the property into a north half and south half. There are some woods on the northern end of the property, but most of the site is open. The site is gentle rolling with the high point located near the existing house, which is located in the southern half of the property. The house will remain and be incorporated as part of one of the lots. . 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425 MemolMayor & City CouncillP 97,17 February 17, 1998 Page 2 . Overview Lavout The 4.6 acres is proposed to be subdivided into 7 lots. The lots range in size from 15,158 s.f. to 47,849 s.f. The 47,849 square foot lot will contain the existing house. As proposed, the lots meet the dimensional requirements of the Rlc district. Because of the wetland located on lot 1, development of this lot will require the filling in of a portion of the wetland. Up to 400 square feet of wetland can be filled without requiring a wetland permit, in order to do this a wetland exemption has to be filed. A detailed grading plan for lot 1 should be provided showing exactly how much wetland will be filled in order to accommodate a home and a 25 foot buffer between the proposed house and the wetland. The development plan for lot 1 crucial. The development plan will show the house pad and include the style of house that can be built, ie. walkout, rambler, split entry, lookout etc. The wetland restricts the size and type of house that can be placed on this lot. To avoid the need for a wetland permit, the width of the house will be limited to about 26 feet. . Right-of- Wav and Access No new roads are proposed as part of this plat. All the lots will have frontage on Meadowvale Road, which is a county road. There is currently a 33 foot half right-of-way on Meadowvale Road. A 50 foot half right-of-way is proposed with this plat. With the exception of the existing house, all of the proposed lots will have shared driveways on Meadowvale Road. Grading and drainage All comments of the City Engineer will have to be addressed. A drainage pond is shown in the rear of lots 3 and 4. A drainage and utility easement should be in place over the proposed pond. If a portion of the wetland on lotI is to be filled, the drainage and utility easement should be adjusted to correspond with the revised wetland boundary. Sewer and water The plat is located within the urban service area and will be serviced by municipal sewer and water. There is an existing water line on the east side of Meadowvale Road that will provide water to the plat. Sanitary sewer will be extended south from 193rd Avenue. Additional comments are found in the . City Engineer's memo dated 12/15/97. \ \elkriver\sys\shrdoc\planning\scott\p97-17cc.doc . . . MemolMayor & City CouncillP 97-17 February 17,1998 Page 3 Park and Recreation The Park and Recreation Commission recommended cash dedication to meet the park dedication requirements. The Comprehensive Park and Recreation Plan identifies a trail along Meadowvale Road. It is recommended that the applicant be responsible for the construction of a 10 foot detached trail along Meadowvale Road. A detailed plan for the trail shall be submitted along with the construction plans for the water and sewer. The trail location should be so any future improvements to Meadowvale Road do not disturb the trail. The plans show a footbridge over the creek to accommodate the proposed trail. The applicant should work with the Department of Natural Resources and Sherburne County to extend the culvert and fill in the area east of Meadowvale Road as an alternative to the footbridge. Plannin{! Commission Meeting At the Planning Commission meeting held on January 27,1998, no one spoke at the public hearing. The Commission discussed the development of lot 1 and the limitations the applicant will face in situating a home on the lot and the style of home that could be built on the lot. Construction of the trail was also discussed. The policy of constructing the trail as part of the process of installing improvements, that the cost of the trail was included in the escrow covering public improvements and the timing of the trail installation was explained. The speed limit on Meadowvale Road and the possibility of reducing the speed limit because of the impact of additional driveways was discussed. Recommendation The Planning Commission and staff recommend the City Council grant preliminary plat approval for Hidden Creek (Case No. P97-17) with the following conditions: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. 2. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED DECEMBER 15, 1997 BE INCORPORATED INTO THE REVISED PRELIMINARY PLAT AND MADE A CONDITION OF APPROVAL. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE \ \elkriver\sys \shrdoc \planning\scott \p97 -17 cc.doc MemolMayor & City CouncillP 97-17 February 17, 1998 Page 4 . IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 5. 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 WITH SHERBURNE COUNTY. 6. PARK DEDICATION FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 7. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 8. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 9. A DETAILED DEVELOPMENT PLAN OF LOT 1 BE PROVIDED SHOWING THE HOUSE PAD AND THE AMOUNT OF WETLAND NEEDED TO BE FILLED IN ORDER TO ACCOMMODATE A 26' WIDE HOUSE AND A MINIMUM 25 FOOT SETBACK FROM THE WETLAND. 10. FRONT YARD TREES BE PLANTED ON EACH OF THE LOTS. . 11. SHARED DRIVEWAYS SHALL BE PROVIDED FOR LOTS 1 AND 2, LOTS 3 AND 4 AND LOTS 6 AND 7 IN ACCORDANCE WITH SHERBURNE COUNTY HIGHWAY DEPARTMENT'S LETTER. A PERMIT FROM SHERBURNE COUNTY MUST BE OBTAINED PRIOR TO INSTALLING THE DRIVEWAYS. 12. CONCERNS CONTAINED IN THE COUNTY DITCH INSPECTOR'S LETTER SHALL BE ADDRESSED. 13. DEVELOPER CONSTRUCT A 10' BITUMINOUS TRAIL ALONG MEADOWVALE ROAD. DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN BE REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN THE AMOUNT OF $10.00 PER LINEAL FOOT WILL BE CREDIT TO THE PARK DEDICATION REQUIREMENT. 14. THE FOOTBRIDGE BE ELIMINATED AND THE APPLICANT WORK WITH SHERBURNE COUNTY AND THE DNR TO FILL AND EXTEND THE CULVERT ON THE EAST SIDE OF MEADOWV ALE ROAD. PERMITS FROM THE DNR MUST BE OBTAINED PRIOR TO GRADING OR FILLING ADJACENT TO THE CREEK. COPIES OF ANY PERMITS SHALL BE PROVIDED TO THE CITY. 15. DRAINAGE AND UTILITY EASEMENTS BE PUT IN PLACE OVER THE PROPOSED DRAINAGE POND. THE EASMENT OVER THE WETLANDS SHALL BE MODIFIED TO CORRESPOND WITH THE NEW WETLAND BOUNDARY AFTER THE 400 SQUARE FEET HAS BEEN FILLED. . 16. DEVELOPER BE RESPONSIBLE TO PAY A LATERAL ASSESSMENT FOR WATERMAIN IN MEADOWVALE ROAD, AND A WATER AVAILABILITY CHARGE IN THE AMOUNT OF \ \elkriver\sys\shrdoc\planning\scott\p97-17cc.doc MemolMayor & City CouncillP 97-17 February 17, 1998 Page 5 . $300 PER LOT BE PAID TO ELK RIVER UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ALL FEES ASSOCIATED WITH THE PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. . . \ \elkriver\sys \shrdoc \planning\scott \p97 ,17 cc.doc . RESOLUTION NO. 99 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Hidden Creek Addition Case No. P 97-17 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 February 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 and duly seconded by Council Member . The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: . Page 2 . WHEREUPON the resolution is adopted. Passed and adopted this _ day of ,1999. Stephanie Klinzing, Mayor 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 , 1999. . WITNESS my hand officially as such Clerk and the corporate seal of the City this _ day of ,1999. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 1999, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. Notary Public . Page 3 . STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 1999, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 . . Page 4 . EXHIBIT A That part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 33, Range 26 in Sherburne County, Minnesota, described as follows: Beginning at the Northwest corner of said Northeast Quarter of Southeast Quarter; thence South 0 degrees 17 minutes 30 seconds West (assumed bearing) along the West line thereof a distance of 822.26 feet; thence East parallel with the North line of said Northeast Quarter of Southeast Quarter a distance of 251.16 feet; thence North at right angles a distance of 822.13 feet, more or less, to an intersection with the north line of said Northeast Quarter of Southeast Quarter; thence West along said North line a distance of 236.64 feet, more or less, to the point of beginning. . . Page 5 . EXHIBIT B 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 2. WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS. 5. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 6. DEVELOPER CONSTRUCT A 10' WIDE BITUMINOUS TRAIL ALONG MEADOWVALE ROAD. DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN BE REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN THE AMOUNT OF $10 PER LINEAR FOOT WILL BE CREDIT TO THE PARK DEDICATION REQUIREMENT. 7. THE APPLICANT WORK WITH SHERBURNE COUNTY AND THE DNR TO FILL AND EXTEND THE CULVERT ON THE EAST SIDE OF MEADOWVALE ROAD. PERMITS FROM THE DNR MUST BE OBTAINED PRIOR TO ANY GRADING OR FILLING ADJACENT TO THE CREEK. COPIES OF ALL PERMIT SHALL BE PROVIDED TO THE CITY. . 8. DEVELOPER BE RESPONSIBLE TO PAY A LATERAL ASSESSMENT FOR THE WATER MAIN. 9. THE DEVELOPER PAY TRUNK SANITARY SEWER AND WATERMAIN ASSESSMENT. 10. SANITARY SEWER BE INSTALLED ALONG THE EAST SIDE OF MEADOWVALE ROAD AS PART OF THIS PLAT. s:\documenf\resolufi\p97-17.doc . Page 6