97-032 RES RESOLUTION NO. 97 - .32
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ISLAND VIEW 4TM ADDITION
Case No. P 97-2
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, a preliminary plat of the Property was approved by the City
Council on April 21, 1997; 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:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
Bo
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.
Co
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.
o
o
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.
Bo
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
Go
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 final
approval of the plat.
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.
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
HQlmgren
Farber
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman,
and Holmgren
Councilmembers Dietz, Thompson, Farber
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Resolution\p97-2.doc Page 2
Passed and adopted this 'Z/'¢day of ~..,~,~ ,1997.
/,,¢l~n~'y/buitsrr{a~r~; Mayor
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CERTIFICATE
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 co.p,y of the resolution as adopted by the City Council of the City of Elk
River on~'.¢.,¢~' ~/' , 1997.
WITNES. S my hand officially as such Clerk and the corporate seal of the
City this .¢.-,/~'ay of ('~'~ ,1997.
Sandra Thackeray, City Clerk,~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this Z/S~-day of
~ , 1997, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
(~i (f~d~*l NOTARY PUBUC-MINNESOTA
~;'; My Comm. Bpir~ Jan. 31,2000
Notary Public
Resolution\p97-2.doc Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
(~~ , 1997, by Sandra
Minnesota.
~.f~'"~ d ay of
Thackeray, City Clerk, City of Elk River,
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
Resolution\p97-2.doc Page 4
EXHIBIT A
That part ¢~f t. ne Southwest Quarter of the Southeast Quarter of
SectioF. 29, Tc.~nship 33, Range 26, Sherburne County, MinneSota
tyin9 south nf the soutber~lv right of way of County R6ad No. 35
dc~.:cribed as follows.: Beginning at a point where t_he west line
o.' said $ou~kwest ~aarter of the Southeast C. uarter intersects.
s,aid, souther!i' right of way line of County Road '~.o.. 35; thence
south along said west line, a distance of 447.50 feet'; · thence
~.=.~t def~.ectincj 90 degrees left, a distance of 742.50 feet; .:'
tkence north deflecting 90 degrees 'left, a distance of 349~20
feet more or !ass to said southerly right of Way .line of County
Road No. 35; thence northwesterly along said southerly right, of
wa:,, line, a distance of 748.97 feet more or less to the point'.oi
beginning.
ALso: The E~st 450.00 feet of the North Half of the South Half
oz the Southwest Quarter and the'East 450.00 feet Of. the .North
Half of the Southwest QuarTer of'Section 29, Township 33, Range
26, Sherburne County, Minnesota lying south Burlington. NOrthern
Railroad.
Also: That part of the North. Half of the Southeast Quarter of
the Southwest Quarter of Section 2'9, Township 33-,..Range 26,
Sherb'urne County, .Minnesota described as follows: Beginn.'fazg at
the southWest corner of t~ ~a~t.450.00 feet Of.said ~No~t~ Half
of theSoutheast Quarter of the S~uthwest-Quarter;-- thence north
along the west line.of said East ~50.00 feet of the North. Half
of the'Southeast Quarter of'the Southwest Qua,rt~r~-:a distance~,~f.
525.43 f~et;~ thence southwesterly deflecting
minutes 54 seconds 1Rft, a distance of 490.19 feet; thence
southeasterly to the northeast corner of Lot 1, Block 1, ISLAND
VIEW 2ND. ADDITION, according to the recorded plat' thereof;
thence' east along the south 1-ine of said.North Half of the
Southeast' ~-~arter of the Southwest Quarter to the-point of
beginning.
Resolution\p97-2.doc Page 5
EXHIBIT B
All the comments of the City Engineers memo dated April , 1997 be
incorporated into the plat.
Surface water management fee in the amount of $534.72 be paid prior
to releasing the plat for recording with Sherburne County.
o
Park dedication fee in the amount of $2400.00 be paid prior to
releasing the plat for recording with Sherburne County
All wetlands on the site be delineated and typed with drainage and
utility easements granted to the City over the wetlands.
All comments of the Sherburne County Ditch Inspector be addressed
and incorporated into the plat.
o
All comments of the Sherburne County Highway Department be
addressed and incorporated into the plat.
o
The plat be revised so that the proposed locations for all primary and
alternate septic systems meet the setback requirements from the DNR
classified stream.
8. The plat be revised to show proposed locations for wells on each lot.
All non-conforming structures on lot 3 shall not be expanded or altered
unless they are relocated so they comply with setback requirements.
Resolution\p97-2.doc Page 6