RES 05-016
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RESOLUTION NO. 05 - 16
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Trott Brook Farms 11th Addition
Case No. P 05-01
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 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.
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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 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 ftle 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 Gumphrey and duly
seconded by Council Member Farber. The following voted in favor of the
Resolution.
Acting Mayor Dietz, Councilmembers Motin, Farber, and Gumphrey
The following voted against the Resolution:
None
The following were absent:
Mayor Klinzing
WHEREUPON the resolution is adopted.
Passed and adopted this 22nd day of February, 2005.
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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 February 22, 2005.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
23rd day of February, 2005.
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J i~ Schmidt, City Clerk
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EXHIBIT A
That part of Oudot C, TROTT BROOK FARMS, according to the recorded plat thereof,
Sherburne County, Minnesota described as follows:
Beginning at the most easterly corner of Lot 6, Block 3, TROTT BROOK FARMS NINTH
ADDITION, according to the recorded plat thereof, said Sherburne County; thence South
59 degrees 31 minutes 38 seconds West, assumed bearing, along the southeasterly line of
said Lot 6, a distance of 401.83 feet to the most southerly comer of said Lot 6; thence South
22 degrees 04 minutes 47 seconds West, a distance of 327.83 feet; thence South 34 degrees
48 minutes 30 seconds West, a distance of 269.62 feet; thence South 21 degrees 36 minutes
08 seconds East, a distance of 469.98 feet to the northwest comer of TROTT BROOK
FARMS FOURTH ADDITION, according to the recorded plat thereof, said Sherburne
County; thence North 88 degrees 12 minutes 23 seconds East, along the north line of said
TROTT BROOK FARMS FOURTH ADDITION, a distance of 265.41 feet to the most
westerly comer of Lot 12, Block 2, TROTT BROOK FARMS SIXTH ADDITION,
according to the recorded plat thereof, said Sherburne County; thence North 33 degrees 32
minutes 28 seconds East, along a northwesterly line of said TROTT BROOK FARMS
SIXTH ADDITION, a distance of 297.67 feet; thence North 57 degrees 38 minutes 49
seconds East, along said northwesterly line, a distance of 320.95 feet to a northerly line of
said TROTT BROOK FARMS SIXTH ADDITION; thence South 86 degrees 57 minutes
30 seconds East, along said northerly line, a distance of 101.22 feet to the northeast comer
of Lot 16, said Block 2, TROTT BROOK FARMS SIXTH ADDITION; thence North 03
degrees 02 minutes 30 seconds East, along the westerly right of way line of Smith Street as
dedicated in said TROTT BROOK FARMS NINTH ADDITION, a distance of 49.51 feet;
thence northwesterly, a distance of 163.78 feet, along said westerly right of way line, along a
tangential curve, concave to the west, having a radius of 280.00 feet and a central angle of 33
degrees 30 minutes 52 seconds; thence North 30 degrees 28 minutes 22 seconds West,
tangent to said curve, along said westerly right of way line, a distance of 622.86 feet to the
point of beginning.
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EXHIBIT B
Conditions:
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.
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9.
SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER
BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON
THE PLAT AS REQUIRED BY THE CITY.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
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 ASSESSMENTS, AND
LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
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