RES 05-060
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RESOLUTION NO. OS- 60
CITY OF ELK RIVER
A RESOLUTION GRANTING FltIIAL PLAT APPROVAL FOR:
Bluff BI(>ck
Case No. P 04-20
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
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WHEREAS, a preliminary plat of the Property was approved by the City Council on
October 18, 2004; and
WHEREAS, the proposed fInal plat 1S 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.
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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 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 fmal 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 fmal plat is recorded.
5.
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 Gumphrey and
duly seconded by Council Member Dietz The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Dietz and Gumphrey
The following voted against the Resolution:
Councilmember Farber
The following were absent:
Councilmember Motin
WHEREUPON the resolution is adopted.
Passed and adopted this 6th dayof June
,2005.
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EXHIBIT A
Legal Description of Property
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Lot 3, Block 4, in the Village of Elk River, ALSO, all that part of Lot 14 of Auditor's Subdivision No.4
that lies South of said Lot 3, Block 4 of said Village of Elk River, and between the same and the
Mississippi River, and of the same width of said Lot 3, and being part of Govemment Lot 2, Section
34, Township 33, Range 26, according to the plat and survey thereof on file and of record in the
office of the County Recorder in and for SherbumeCounty, Minn.
AND
Lot 4, Block 4, Village of Elk River, according to the plat thereof and of record in the office of the
County Recorder in and for Sherbume County, Minn.
AND
That part of Lot 5, Block 4, Village of Elk River, described as follows:
Beginning at the northwest comer of said Lot 5; thence East along the North line thereof, 32 feet to
the street leading from Main Street to the Mississippi River, being the West line of the property
described in that certain Deed to the Village of Elk River, dated April 17, 1907, filed July 26, 1907, in
Book 31 of Deed, page 568, Sherbume County Records, thence southerly along the West line of
said street to the South line of said Lot 5, thence westerly along ht south line of said Lot 5, to the
southwest comer thereof; thence northerly along the West line of said Lot 5, to the point of
beginning.
.AND
The East 56 /2 feet of Lot 2, Block 4, Village of Elk River, said plat being part of Govemment Lots 1,
2, and 3 in Section 34, Township 33, Range 26, Sherbume County, Minnesota.
AND
All that part of Lot 14, of Auditor's Subdivision No.4, that lies South of Lots 4 and 5, Block 4, the
Village of Elk River, that lies westerly of the westerly right of way line of the street leading from Main
Street to the Mississippi River as above described and that lies easterly of the southerly extension of
the West line of Lot 4, Block 4, Village of Elk River to the Mississippi River.
Excepting from all the above described property, however, the following described parcel:
All that part of Lots 4 and 5, Block 4, Village of Elk River, lying northeasterly of the following
described line: Beginning at a point on the North line of Lot 4, a distance of 34 feet west of the
northeast comer of Lot 4; thence southeasterly to intersect the South line of Lot 5, with the West line
of the Street leading from Main Street to the Mississippi River, as more fully described above.
AND
That part of Lot 14, Auditor's Subdivision No.4, according to the recorded plat thereof, Sherbume
~ounty, Minn., lying westerly of the southerly extension of the East line of Lot 2, Block 4, Village of
~k River, according to the recorded plat thereof, anp lying easterly of the southerly extension of
the West line of the East 56.50 feet of said Lot 2.
G: \EIk River - Bluff Block LLC\Legal Description.doc
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NOTES:
1.) The last paragraph of the legal description describes only part of a larger parcel of record
owned by the City of Elk River. The City of Elk River's approval to split this parcel may be
required.
2.) The deed to the Village of Elk River, filed July 26, 1907, in Book 31 of Deeds, Page 568, is
vague as to the basis of bearings of the South 5 degrees 30 minutes West call. Minnesota
Department of Transportation maps show the line intersecting near the middle of the South
line of Lot 5. For the purposes of this survey, we have assumed the basis of bearings to be
the Sherburne County coordinate system. We recommend that you have a title attorney
review the description to determine marketability of title and for advise on how to correct
any title defects.
PID # 75-405-0470
75-405-0460
75-405-0450
75-404-014 1
75-404-01 40
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EXHIBIT B
Conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING.
3. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
4. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE
PLANS.
5. 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 THE
FENCING PRIOR TO GRADING COMMENCING.
6. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS
LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR
HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY.
FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK
AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY
INVESTIGATED AND WORK IS AUTHORIZED.
7. PARK DEDICATION SHALL BE PAID IN CASH FOR BOTH THE
RESIDENTIAL UNITS AND 10,000 SQUARE FEET OF COMMERCIAL. AN
EASEMENT FOR PUBLIC ACCESS SHALL BE GRANTED OVER OUTLOT A
TO ALLOW CONSTRUCTION AND USE OF THE RIVER WALK TRAIL.
8. THE CITY COUNCIL ACKNOWLEDGES THAT CERTAIN PORTIONS OF
THE BUILDING WILL ENCROACH INTO THE PUBLIC RIGHT OF WAY.
THESE ENCROACHMENTS WILL BE ALLOWED FOR FOOTINGS,
CANOPIES, AND DOOR SWINGS INTO THE PUBLIC RIGHT OF WAY, AS
THE CITY IS AUTHORIZING ZERO LOT LINE CONSTRUCTION TO
FURTHER THE TRADITIONAL DEVELOPMENT PATTERN OF THE
DOWN AREA. THE BUILDING OWNER SHALL MAINTAIN LIABILITY
INSURANCE TO INDEMNIFY THE CITY FOR ALLOWING THESE
ENCROACHMENTS.
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