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97-052 RES RESOLUTION NO. 97 - 52 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: DUNHAM ADDITION Case No. P 97-6 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 June 16. 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: Ao 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. o 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. 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. 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 resolution was introduced by Council Member Farber and duly seconded by Council Member Holm§ten The following voted in favor of the Resolution. Mayor Duitsman Councilmembers: Farber, Holmgren, Dietz, and Thompson The following voted against the Resolution: None The following were absent: None s:\document\re$o]uti\p9 ?-6.doc WHEREUPON the resolution is adopted. Passed and adopted this _.~'/ day of /M]~ ,1997. ,//I-I~nj~ DL~itsC'n~n, Mayor 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 ~.z.~,~_~ ? ~ ,1997. WITNESS my hanAi officially as such Clerk and the corporate seal of the City this /./'~ ~day ofc.~ ,1997. Sandra Thackeray, City Cle~ / STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ,~. 1997, by Henry Duitsman, Mayor, City of Elk ~nnes~ta. day of River, Notary Public s:\document\resoluti\p97-6.doc 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 Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 s:\document\resoluti\p97-6.doc EXHIBIT A The north Half of the Northwest Quarter of Section 5, Township 33, Range 26, lying Westerly of County State Aid Highway No. 1, Sherburne County, MN. s:\document\resoluti\p97-6.doc EXHIBIT A s:\document\resoluti\p97-6.doc e '10. EXHIBIT B SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $200.4? BE PAID PRIOR TO P, ELEASING 'rile PLAT FOR RECORDING WITH SHEEI~UENE COUNTY. PARK DEDICATION FEE IN THE AMOIJNT OI= $'1800.00 SE PAID PRIOP, .1'O 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. THE NON-CONFORMING SHED ON THE NORTH PROPERTY LINE SHALL BE REMOVED. PRIOR TO RECORDING THE PLAT. THE PLAT BE REVISED TO SHOW PROPOSED LOCATIONS FOR PRIMARY AND SECONDARY SEPTIC SYSTEMS AND WELLS. ALL NECESSARY COUNTY PERMITS BE RECEIVED PRIOR TO COMMENCING ANY WORK IN THE COUNTY RIGHT-OF-WAY. AN ADDITIONAL '17 FEET OF RIGHT-OF-WAY BE PROVIDED ALONG COUNTY ROAD '1 IN ORDER TO ACHIEVE 50 Foo'r HALl= RIGHT-OF-WAY. SOIL BOI{INGS BE PI~OVIDED TO DEMONSTRATE THE SITE CAN SUPPORT SEPTIC SYSTEMS AND LOWEST FLOOR ELEVATIONS. A DEED RESTRICTION BE RECORDED ON LOT '1 THAT RESTRICTS FURTHER SUBDIVISION OF THAT LOT. APPROVAL FROM THE MPCA AND SHERBURNE COUNTY INDICATING THE PROPERTY HAS BEEN CLEANED AND SUITABLE FOR SUBDIVISION. \\elkriver\sys\shrdoc\document\resoluti\p97-6.doc