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RES 05-056 . . . RESOLUTION NO. 05 - 56 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Carson business Park Case No. P04-11 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (l)(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 April4, 2005; 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: 1. It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. B. 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. C. 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. . D. 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. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. 3. The officers of the City are hereby authotized, once the conditions set forth in Exhibit B are met and complied with, to sign the [mal plat for the Property and to issue a certified copy of this Resolution giving [mal approval of the plat. 4. 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 [mal plat is recorded. . 5. This [mal 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 Gumphrey and duly seconded by Council Member Morin. The following voted in favor of the Resolution. Mayor Klinzing, Councilmembers Morin, Gumphrey, Farber, and Dietz The following voted against the Resolution: None The foll~wing were absent: None WHEREUPON the resolution is adopted. Passed and adopted this 16th day of May, 2005. . . . . 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 correc copy of the resolution as adopted by the City Council of the City of Elk River on . 1 b , 2005. Ih1l WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ay of We;;= , 2005. 1 ~ STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this 16t~day of \Y)Q.'( 2005 b Ste ham I . . g, Mayor, City of Elk River, Mi1Jnes I r 'ct e TINA M. ALLARD . 0 /"~/ NOTARY PUBUC. MINNESOTA <---._~-/- J. // MrCclMllsion ExpIres.fln. 31. 2010 ~ Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE e TINA M. ALLARD NOTARY PUBLIC . MINNESOTA My CommlsslCll Exphs Jan. 31. 2010 . EXHIBIT A That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, described as follows: . Beginning at the Northeast comer of the. West 66 feet of said Southeast Quarter of the Southeast Quarter; thence East along the North line of said Southeast Quarter ofthe Southeast Quarter, a distance of 176.00 feet; thence South parallel with the West line of said Southeast Quarter of the Southeast Quarter a distance of330.00 feet; thence West parallel with said North line a distance of 176.00 feet; thence North parallel with said West line, a distance of 330.00 feet to the point of beginning. EXCEPT: That part of the West 242.00 feet of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, as measured along the Northline of said Southeast Quarter of the Southeast Quarter and which lies northerly of the following described line: Beginning at the northeast comer of Outlot A, MEADOW PARK, according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota; thence southeasterly to a point on a line parallel with the West line of the Southeast Quarter of the Southeast Quarter distant 242.00 feet East of said West line, as measured along the North line of said Southeast Quarter of the Southeast Quarter, said point being distant 22.00 feet southerly, as measured along said parallel line, and from the intersection of said parallel line and the north line of said Outlot A extended easterly and there terminating. AND That part of the East 264 feet of the West 594 feet of the North 264 feet ofthe Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, which lies West of the westerly right of way line of U.S. Highway No. 169 and which lies South of the following described line: Beginning at the Northeast comer of Outlot A, Meadow Park, according to the plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota; thence Southeasterly to a point on a line parallel to the West line of said Southeast Quarter ofthe Southeast Quarter distant 242.00 feet East of said West line, as measured along the North line of said Southeast Quarter of the Southeast Quarter, said point being distant 22.00 feet Southerly, as measured along said parallel line, of the intersection of said parallel line and the North line of said Outlot A extended Easterly, thence continuing Southerly, along said parallel line, a distance of 12.00 feet; thence Easterly, parallel with said Easterly extension of the North line of Outlot A to the westerly right-of-way line of U.S. Highway No. 169 and there terminating. . AND . That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, lying West of the westerly right of way line of U.S. Highway No. 169, except the following described tracts: 1. The West 66 feet of said Southeast Quarter of the Southeast Quarter. 2. That part of said Southeast Quarter of the Southeast Quarter described as follows: Beginning at the Northeast comer of the West 66 feet of said Southeast Quarter of the Southeast Quarter; thence East along the North line of said Southeast Quarter of the Southeast Quarter, a distance of 176.00 feet; thence South parallel with the West line of said Southeast Quarter of the Southeast Quarter a distance of 330.00 feet; thence West parallel with said North line a distance of 176.00 feet; thence North parallel with said West line, a distance of 330.00 feet to the point of beginning. 3. That part thereof that lies within the East 264 feet (16 rods) of the West 594 feet (36 rods) of the North 264 feet (16 rods) of said Southeast Quarter of the Southeast Quarter. . 4. That part of said Southeast Quarter of the Southeast described as follows: Commencing at the Northeast comer of the West 66 feet of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 19 minutes 55 seconds East, assumed basis of bearings, along the North line of said Southeast Quarter of the Southeast Quarter, a distance of 176.00 feet; thence South 0 degrees 04 minutes 01 seconds East, parallel with the West line of said Southeast Quarter of the Southeast Quarter, a distance of 506.00 feet to a point referred to as Point A further within this description; thence South 89 degrees 19 minutes 55 seconds West, parallel with the North line of said Southeast Quarter of the Southeast Quarter, a distance of3.68 feet to the point of beginning; thence southerly along a non-tangential curve concave to the west, having a radius of 270.00 feet and a central angle of 7 degrees 51 minutes 00 seconds, a distance of 36.99 feet, the chord of said curve bears South 21 degrees 05 minutes 37 seconds East; thence South 17 degrees 10 minutes 07 seconds East tangent to the last described curve, a distance of 74.32 feet; thence southerly along a tangential curve concave to the west, having a radius of 270.00 feet and a central angle of 11 degrees 28 minutes 42 seconds, a distance of 54.09 feet; thence southerly along a tangential curve concave to the east, having a radius of 330.00 feet and a central angle of 11 degrees 28 minutes 42 seconds, a distance of 66.11 feet; thence South 17 degrees 10 minutes 07 seconds East tangent to the last described curve, a distance of 107.94 feet; thence southeasterly along a non-tangential curve concave to the northeast, having a radius of 60.00 feet and a central angle of 26 degrees 34 minutes 28 seconds, a distance of 27.83 feet, the chord of said curve bears South 45 degrees 17 minutes 28 seconds East, to intersect a line which bears South 17 . . degrees 10 minutes 07 seconds East, parallel with the westerly right of way line of u.s. Highway No. 169, from said Point A; thence South 17 degrees 10 minutes 07 seconds East, parallel with the westerly right of way line of u.S. Highway No. 169, a distance of 478.66 feet to the South line of said Southeast Quarter of the Southeast Quarter; thence North 89 degrees 29 minutes 07 seconds West along said South line, a distance of 423.17 feet to the East line of the West 66 feet of said Southeast Quarter of the Southeast Quarter; thence North 0 degrees 04 minutes 01 seconds West along said East line of theWest 66 feet, a distance of 797.17 feet to intersect a line which bears South 89 degrees 19 minutes 55 seconds West from the point of beginning; thence North 89 degrees 19 minutes 55 seconds East, parallel with the North line of said Southeast Quarter of the Southeast Quarter, a distance of 172.32 feet to the point of beginning. 5. That part of said Southeast Quarter of the Southeast Quarter lying West of the westerly right of way line of U.S. Highway No. 169, which lies Northerly, Easterly and Northerly of the following described line: . Beginning at the Northeast comer of Outlot A, Meadow Park, according to the plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota; thence Southeasterly to a point on a line parallel to the West line of said Southeast Quarter of the Southeast Quarter distant 242.00 feet East of said West line, as measured along the North line of said Southeast Quarter of the Southeast Quarter, said point being distant 22.00 feet Southerly, as measured along said parallel line, of the intersection of said parallel line and the North line of said Outlot A extended Easterly, thence continuing Southerly, along said parallel line, a distance of 12.00 feet; thence Easterly, parallel with said Easterly extension of the North line of Outlot A to the westerly right-of-way line of U.S. Highway No. 169 and there terminating. . . . . EXHIBIT B Conditions: 1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 3. 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. 4. 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. 5. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 7. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 8. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 11. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPLAL UTILTIIES. 12. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE PLAT. 14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. . 15. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. 16. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND LATERAL WATER ASSESSMENTS BEPAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. THE BUSINESS USES IN THE DEVELOPMENT IN TOTAL SHALL BE LIMITED TO THOSE WHICH DO NOT EXCEED 330 PEAK VEHICLE TRIPS IN PM PEAK HOUR PER ITE STANDARDS. THIS REQUIREMENT MAY BE RECONSIDERED IN THE EVENT THAT HIGHWAY INPROVEMENTS AT MAIN STREET /HIGHWAY 169 ARE MADE WHICH MITIGATES THE NEED FOR THE TRIP NUMBER RESTRICTIONS. . .