97-045 RES RESOLUTION NO. 97 - 45
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HILLSIDE ESTATES SIXTH ADDITION
Case No. P 97-4
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 August 1, 1994; 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.
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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.
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The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion 6ontrol 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
Thompson
Holmgren
foregoing
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman
Councilmembers Thompson, Holmgren,
The fol!owing voted against the Resolution:
None
and Dietz
The bllowing were absent:
Councilmember Farber
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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?.,~.,~ / ¢' , 1997.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this 2.,¢"'day of ----'2.'~.~..~ ,1997.
S'~ndra 'ThaCkeray, City Cle~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /~'/-4day of
~/')~)~,/ , 1997, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
ALICE K. HEINECKE ~
NOTARY PUBUC-MINNESOTA ~
SHERBURNE COUNTY ~,'~
My Co~. Ex~ires Jan. 31, 2000 .... ~,~,,.~
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /'-?'~day of
"'-~/~__~.~¢ , 1997, by Sandra Thackeray, City CLerk, City of Elk River,
Minnesota'.
NOTARY PUBUC-MINNESOTA ~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
That part of the West Half of the Northwest Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota lying northerly and westerly of and
adjacent to HILLSIDE ESTATES FIFTH ADDITION, Sherburne County,
Minnesota, according to the recorded plat thereof and lying easterly and
southerly of the following described line: Commencing at the northwest corner of
said West Half of the Northwest Quarter of Section 26; thence on an assumed
bearing of North 88 degrees 43 minutes 22 seconds East along the north line of
said West Half of the Northwest Quarter a distance of 476.62 feet to the point of
beginning of the line to be described; thence South 01 degrees 16 minutes 38
seconds East a distance of 148.75 feet; thence South 37 degrees 10 minutes 20
seconds West a distance of 68.29 feet; thence westerly a distance of 137.55 feet
along a nontangential curve concave to the south having a central angle of 9
degrees 38 minutes 37 seconds a radius of 817.22 feet and a chord which bears
North 86 degrees 10 minutes 22 seconds West; thence South 4 degrees 10
minutes 12 seconds East a distance of 105.98 feet; thence South 7 degrees 31
minutes 38 seconds East a distance of 383.25 feet; thence South 29 degrees 55
minutes 47 seconds West a distance of 77.27 feet to the most northerly corner of
Lot 1, Block I of said HILLSIDE ESTATES FIFTH ADDITION and there
terminating.
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EXHIBIT B
A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE
FINAL PLAT FOR RECORDING.
STREET LIGHTS BE INSTALLED THROUGHOUT THE DEVELOPMENT AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
PAYMENT OF THE SURFACE WATER MANAGEMENT FEE BE MADE PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
PAYMENT OF A WATER AVAILABILITY CHARGE TO ELK RIVER MUNICIPAL UTILITIES BE
COMPLETED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
THE DEVELOPER'S ENGINEER CERTIFY THE GRADING HAS BEEN COMPLETED PRIOR TO
THE ISSUANCE OF ANY BUILDING PERMITS.
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING, ALL OUTSTANDING
ENGINEERING AND LEGAL FEES RELATING TO THIS PLAT BE PAID.
A GRADING AND DEVELOPMENT PLAN BE SUBMITTED FOR THE CITY ENGINEER'S
REVIEW AND APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS.
A LANDSCAPE PLAN BE SUBMITTED IDENTIFYING ALL OF THE REQUIRED FRONT YARD
TREES.
CLUSTER MAILBOX DESIGN BE UTILIZED THROUGHOUT THE ENTIRE DEVELOPMENT.
A SEALCOATING FEE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
A FINANCIAL GUARANTEE BE PROVIDED TO THE CITY PRIOR TO COMMENCING ANY
CONSTRUCTION WORK ON-SITE.
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