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97-044 RES RESOLUTION NO. 97 -/~/~ CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: OAK RIDGE Case No. P 97-3 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 b~en 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 May 19, 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. 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. The proposed subdivision makes adequate provision foe water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. The proposed subdivision will not cause substantial environmental damage. 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 resolution was introduced by Council Member Holmgren and duly seconded by Council Member Thompson The following voted in favor of the Resolution. Mayor Duit sman Councilmembers Holmgren, Thompson and Dietz The following voted against the Resolution: None The ~llowing were absent: Councilmember Farber WHEREUPON the resolution is adopted. Passed and adopted this /¢'~day of '~ , 1997. 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 ~7'¢D.~.,~ /~' , 1997. WITNESS my hand officially as such Clerk and the corporate seal of the City this /¢& day of ~'~., ,1997. ~a~dra ~-hackeray, C&y Ciera~ STATE OF MINNESOTA SS. COUNTY OF SHERBURNE ~/,) The foregoing instrument was acknowledged before me this/¢//~ day of '~E6¢]~'~. , 1997, bY Henry Duitsman, Mayor, City of Elk River, Minnesota. ALICE K. HEINECKE .otaR¥,u~uc-~mnesota Comm. ~ir~ Jan. 31, 2000 -Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this /c/O'S'day of L'~/,¢.~./ , 1997, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. .. ALICE K. HEINECKE !~ ,', ;~?.~".'~ NOTARY PUBUC-MiNNESOTA ~ ~ ~ My Comm. ~pi~ J~, 31, 2~0 ~ THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 EXHIBIT A That part of the West 365 feet of the Northeast Quarter of the Southwest Quarter lying south of the South line of the North 602 feet thereof; and lying northeasterly of the Northeasterly line of the right-of-way of County State Aid Highway No. 1. AND That part of the Southeast Quarter of said Southwest Quarter lying northeasterly of said Northeasterly line of the right-of-way of County State Aid Highway No. 1; lying north of "line #1" to be hereinafter described; and lying westerly of said "Line #2 "to be hereinafter described. Said "Line #1" being described as Commencing at the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence (on a bearing of) West along the South line thereof for a distance of 372.46 feet; thence North 5 degrees 03 minutes West for a distance of 1044.82 feet; thence (on a bearing of) North for a distance of 250.00 feet to a point to be hereafter known as "Point A" for the purpose of this description, said "point A" also being the actual Point Of Beginning of said "Line #1" to be hereby described; thence west parallel with the North line of said Southeast Quarter of the Southwest Quarter to intersect said Northeasterly line of the right-of-way of County State Aid Highway No. 1 and there terminate said "Line #1" Said "Line #2" being described as Beginning at the point of intersection of said "Line #1" with the East Line of the West 594 feet of said Southeast Quarter of the Southwest Quarter; thence northeasterly to terminate said "line #2" at the point of intersection of said South line of the North 900 feet with the East line of the West 740 feet of said Northeast Quarter of the Southwest Quarter. All being part of Section 17, Township 33, Range 26, Sherburne County, Minnesota. Containing 8.49 acres, more or less. Subject to easements of record, if any. e '10. 'l'l. 12. 14. '15. EXHIBIT B A DEVELOPER'S AGREEN~ENT BE PREPARED AND EXECUTED OUTLINING THE TERNt$ AND CONDITIONS I=OR CONSTRUCTION OF 207TM AVENUE, AS WELL AS THE PLAT. ALL CONDITIONS OUTLINED IN THE CITY ENGINEER'S NtEN~O DATED APRIL _, '1 ??7, BE INCLUDED AND PROVIDED 'i'O STAFF PRIOR TO RECORDING THE PLAT WITH THE COUNTY. A DEVELOPNtENT PLAN BE SUBN%I'I'I'ED IDENTIFYING THE LOWEST FLOOR ELEVATIONS OF THE PROPOSED HONtE$. PARK DEDICATION BE PAID IN THE AN~OUNT REQUIRED BY THE CITY AT THE TINtE OF RECORDING THE FINAL PLAT BASED ON THE TWO LOTS. A SURFACE WATER NtANAGENtENT FEE BE PAID PRIOR TO RECORDING THE PLAT WITH THE COUNTY. ANY ACCESS OFF OF COUNTY ROAD NO. '1 TO SERVE LOT '1 N[UST BE RECEIVED FRON[ SHERBURNE COUNTY HIGHWAY DEPARTNtENT; OTHERWISE, ACCESS TO COUNTY ROAD NO. '1 WILL BE RESTRICTED. PRIOR TO RECORDING THE PLAT WITH THE COUNTY, THE EXISTING GARAGE ON THE LOT LINE BETWEEN LOTS 2 AND 3 BE RENtOVED. THE EXISTING FUEL DISPENSING TANK AND ANY UNDERGROUND TANKS BE RENtOVED, EXCEPTING LOT TWO, PRIOR TO RECORDING THE PLAT WITH THE COUNTY. ANY EXISTING WELLS ON LOT 3 BE CERTIFIED TO N~EET STATE COED OR CAPPED AND CLOSED ACCORDING TO STATE BUILDING CODE. LOTS '1 AND 2 HAVE DRAINAGE EASENtENT$ INCLUDED WHICH ENCUN~BER THE EXISTING WETLAND ON THE NORTH AND THE N~AN-NtADE POND ON THIS SOUTH END OF LOT 2. A SEALCOATING FEE BE PAID IN THE ANtOUNT DETERNtlNED BY THE CITY ENGINEER FOP, 207TM AVENUE. A TENtPORARY EASENtENT BE GRANTED 'tO THE CITY FOR CONSTRUCTION OF THE TENtPORARY CUL-DE-SAC. THE INTERSECTION DESIGN OF 207TM AVENUE AND COUNTY ROAD NO. '1 INCLUDE THE APPROPRIATE GEON[E'rRIC$ AS APPROVED BY THE CITY ENGINEER AND ANY ADDITIONAL RIGHT-OF-WAY THAT I$ NECESSARY BE ACQUIRED BY THE APPLICANT. NECESSARY DRAINAGE AND UTILITY EASENtEN'I'$ BE GRANTED TO THE CITY TO ALLOW DRAINAGE THROUGHOUT THE PLAT AS WELL AS OFF SITE LOCATIONS. STREET LIGHTS BE PROVIDED ALONG 207TM AS REQUIRED BY ELK RIVER N~UNICIPAI. UTILITIES.