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RES 05-015 . RESOLUTION NO. 05- 15 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk River Crossing 6th Addition Case No. P 04-22 WHEREAS, application has been made for [mal 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 November 1, 2004; and WHEREAS, the proposed [mal plat IS consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed [mal 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. . . . 2. 3. 4. 5. ATTEST: 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. 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 fmal approval of the plat. The owner of the Property is authorized to record the fmal plat as required by law and shall f1le proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This fmal plat approval shall expire one year from the date of this resolution if the fmal plat is not recorded within that time. The foregoing resolution was introduced by Council Member Farber and duly seconded by Council Member Gumphrey. 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. rf/J /V~ chmidt, City Clerk Page 2 . EXHIBIT A Legal Description: Lot 1, Block 3, Elk River Crossing, Sherburne County, Minnesota AND, Lot 1, Block 1, Elk River Business Park, Sherburne County, Minnesota . . Page 3 . EXHIBIT B Conditions: . 1. THE DESIGN STANDARDS FOR ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT SHALL BE APPLIED TO THE BUILDINGS WITHIN THE PLAT. 2. TEN FEET OF RIGHT-OF-WAY SHALL BE DEDICATED ALONG THE NORTH LINE OF THE PLAT. 3. THE PLAT SHALL HAVE RESTRICTED ACCESS ALONG TWIN LAKES ROAD. 4. THE APPLICANT SHALL PAY $7,500 TOWARDS THE RESTRIPING OF ZANE STREET AND 179TH AVENUE. 5. THE APPLICANT SHALL PROVIDE A 10-FOOT SIDEWALK EASEMENT ALONG THE WEST LINE OF LOT 2, BLOCK 1, ELK RIVER CROSSING 6TH ADDITION. 6. THE APPLICANT SHALL PAY PARK DEDICATION ON THAT PART OF THE PLAT PREVIOUSLY KNOWN AS LOT 1, BLOCK 1, ELK RIVER BUSINESS PARK. SAID DEDICATION SHALL BE PAID AT THE COMMERCIAL RATE AT THE TIME OF THE PLAT RECORDING. 7. CROSS ACCESS EASEMENTS SHALL BE GRANTED BETWEEN THE TWO LOTS FOR THE SHARED ENTRANCE/EXIT FROM 179TH AVENUE FOR CUSTOMER VEHICLES ONLY. 8. CROSS ACCESS EASEMENT SHALL BE GRANTED BETWEEN THE TWO LOTS FOR SERVICE AND DELIVERY VEHICLES FROM INDUSTRIAL CIRCLE. . Page 4