RES 17-61Resolution 17-61
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Island View Sixth Addition
Case No. P 17-19
WHEREAS, application has been made for final plat approval, pursuant to Section 30-391
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 proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the plat of the Property.
NOW, THEREFORE, BE IT RESOLVED
It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City
Code of Ordinances 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 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.
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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 two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 2nd day of October, 2017.
Jo J. D etz, Ma or
ATTEST:
Tina Allard, Ci Jerk
P011RER IT
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EXHIBIT A
LEGAL DESCRIPTION
KNOW ALL PERSONS By 7HES£ PRESENTS: Mot Timothy A. Smith and Michelle M. Smith, husband and wife, fee owners of the following
described property situated in the County of Sherburne. State of Minnesota, to wit:
That part of the North Half of the Southeast Quarter of the Soalhwest Quarter, and that port of the North Hol,, of the Southwest Quarter,
lying South of the centerline of Sherburne County Highway Number 35, in Section 29. Township 33, Range 26, Sherburne County. Minnesota
described as tallows: Commencing at the Southwest comer of the East 450 feet of said North Half of the Southeast Quarter of the
Southwest Quarter; thence North 1 degree 31 minutes 58 seconds East, assumed bear;ng, along the West line of the East 450 feet of solo
North Had of Southeast Quarter of Southwest Quarter o distance of 525.43 feet; thence Southwesterly deflecting 121 decrees 28 minutes
54 seconds left, bearing South 60 degrees 03 minutes 04 seconds West, a distance of 490.19 feet to the actual pont of beginning:
thence on a bearing of West, a distance of 216.93 feet; thence South 5 degrees 45 minutes 33 seconds Cast, a distance of 287.70 feet
to the Northeast corner of Lot 3, Block 1, Island View Second Addition, a duly recorded plat: thence £osterly along the South line of said
North Hoff of the Southeast Quarter of the Southwest Quarter and the North line of said Island View Second Addition to the Northeast
comer of Lot 1, Block 1, Island View Second Addition: thence North 17 degrees 57 minutes 51 seconds West, a distance of 298.02 feet to
the point of beginning.
and
Oullot A and Oullot C, ISLAND VIEW SECOND ADDIHON, Sherburne County, Minnesota.
and
Ouuot B, ISLAND VIEW SECOND ADDITION, excepting therefrom that port of Dollar R described as beginning at the northwest corner thereof;
thence South 30 degrees 06 minutes 30 seconds West along that port of the west line of said Oullot B also being the cost line of Oak
Lane (now known as Joplin Street) as laid out in said plat for 427.45 feet to the northwest corner of. Lot 1, Block 4, said plop thence
North 74 tlegrees 76 minutes 30 seconds East song the north line of Lot 1 for 150.00 feet to the northeast comer thereof; thence North
65 degrees 56 minutes 55 seconds East for 143.63 feet, more or less, to an angle point in the northeasterly line of said OuVot B, thence
North 3 degrees 06 minutes 30 seconds East along port of said northeasterly line for 177.95 feet to another angle point in said
northeasterly line; thence South 74 degrees 18 minutes 30 seconds West along a port of said northcosterly fine for 116.32 feet to another
angle point in said northeasterly line: thence North 3 degrees 06 minutes 30 seconds East along port of said northeasterly line for 153.27
fact to the northwest corner of Outlot A of sold plop thence South 89 degrees 27 minutes 25 seconds West along the north line of said
OuMot B for 160.00 feet to the point of beginning.
and and Justen P. Hemmelgam and Leezo Hemmelgarn, husband and wife, fee owners of the following described property situated in the
County of Sherburne, State of Minnesota, to wit:
fats 1, 2, 3, and 4, Block 1, ISLAND VIEW SECOND ADDITION, Sherborne County, Mlnnesato.
PAMAEAEIDII
EXHIBIT B
CONDITIONS OF APPROVAL
1. The address for lot 1, block 1, will be updated to reflect access to Island View Drive.
2. The driveway for lot 1, block 1, must be installed per the conditions stated in the approval of
the wetland setback variance (V 17-07) by May 31, 2018.
3. Amend the plat to center the cul-de-sac on the current right-of-way for 190th Ave NW
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