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97-034 RES RESOLUTION NO. 97 - 34 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: OAK RUN Case No. P 96-15 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 18, 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. 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. Do 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. Eo 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. 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 Dietz Mayor Duitsman, and Holmgren resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. Councilmembers Dietz, The following voted against the Resolution: None Thompson, Farber The following were absent: None \\elkriver\sys\shrdoc\document\resoluti\p96-15.doc WHEREUPON the resolution is adopted. Passed and adopted this 7.J ~'-day of ~?u~.Z ,1997. //1-1 [ np u iism~a~'~ r{,layor 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 cop~ of the resolution as adopted by the City Council of the City of Elk River on _/'/.?.,~,:P- ! , 1997. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~/~Tday of (,'O~ , 1997. Sandra Thackeray, City C'lerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ~.ls-Z'day of ~ , 1997, by Henry Duitsman, Mayor, City of Elk River, Minnesota. i;~ ~.~ .. _SHERBURNEC0UI~TM Notary Public \\elkriver\sys\shrdoc\document\resoluti\p96-15.doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ~/SWday of (~,~¢,~,,'/ , 1997, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. ~ /;~:) SHERBURNE COUNTY Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 \\elkriver\sys\shrdoc\document\resoluti\p96-15.doc EXHIBIT A The North 312 feet of the South 936 feet of the Southeast 1/4 of the Northeast 1/4 Section 18, Township 33, Range 26, Sherburne County, Minnesota. Containing 9.64 acres, more or less. Subject to Right of way for Ogden Street NW. EXHIBIT B o 10. 11. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS. ALL THE COMMENTS OF THE CITY ENGINEER'S MEMOS DATED JANUARY 17, 1997 AND APRIL , 1997 BE ADDRESSED AND INCORPORATED INTO THE FINAL PLAT. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 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. 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. 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING W-ITH SHERBURNE COUNTY. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS. A GRADING AND DEVELOPMENT PLAN BE PROVIDED SHOWING LOWEST FLOOR ELEVATION FOR HOMES ON LOTS 2 AND 3 STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES.