95-010 RES
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RESOLUTION NO. 95 - ~
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HILLSIDE CROSSING SOUTH
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WHEREAS, application has been made by Riverside Development 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 October 17. 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 conditicns
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, butnot
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 Bare 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.
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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 final plat is recorded.
5. This final plat approval shall expire two years 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
HOT.Mr.RF.N . The following voted in favor of the Resolution.
MAYOR DUITSMAN, COUNCIL MEMBERS SCHEEL, DIETZ
The following voted against the Resolution: NONE
The following were absent: NONE
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WHEREUPON the resolution is adopted.
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Passed and adopted this e:?1-t:cday of
,1995
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 cOPJ cf the resolution as adopted by the City Council of the City of Elk
River o~~ dil7 ,1995.
WITNESS my han officially as such Clerk and the corporate seal of the
City this ~ t?yjay of , 1995.
c;L ..r2- ~~
Sandra Thackeray, City Clerk
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~he foregoing instrument was acknowledged before me this..:<'7 ~ay of
<-.,. ~_' 1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
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SANDRA A. THACKERAY
NOTARY PUBLJC.MIHNESOTA
SHERBURNE COUNTY
My Comm. Expkes.. 31, 2000
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this 02- day of
,j~, 1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
AlICE K. HBNECKE
NOTARY PUIllJC.MINNESOTA
SHER8tIfNE COUNTY
My Comm. ExpIIllS Jan. 31. 2000
.~,'
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Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
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LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
DESCRIPTION OF PROPOSED "HILLSIDE CROSSING SOUTH" AS REVISED:
Outlot A of the duly recorded plat of OAK PARC PLAZA, Sherburne County,
Minnesota.
AND Outlot A of the duly recorded plat of CHERRYHILL BLUFFS, said
Sherburne County.
AND that part of the West Half of the Southwest Quarter of Section 27, Township
33, Range 26, said Sherburne County, described as follows:
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Beginning at a point on the South line of said Outlot A of CHERRYHILL
BLUFFS a distance of 116.17 feet east of the Southwest corner of said
outlot A, as measured along said South line; thence South 2 degrees 41
minutes 32 seconds East for a distance of 150.00 feet; thence South 87
degrees 18 minutes 28 seconds West for a distance of 348.24 feet, more
or less, to intersect the Easterly line of the right-of-way of U.S. Highway
No 169; thence northerly along said Easterly line of the Highway right-of-
way for a distance of 155.70 feet, more or less, to intersect the South line
of said plat of OAK PARC PLAZA, said Sherburne County, also being the
westerly extension of said South line of Outlot A, CHERRYHILL BLUFFS;
thence North 87 degrees 18 minutes 28 seconds East along said South
line of OAK PARC PLAZA for a distance of 273.83 feet to said Southwest
corner of Outlot A; thence continue North 87 degrees 18 minutes 28
seconds East along said South line of Outlot A for a distance of 116.17
feet to the Point of Beginning.
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EXHIBIT B
1.
OUTLOT A BE DEEDED TO THE CITY UPON FILING THE PLAT WITH SHERBURNE COUNTY.
THE BALANCE OF THE REGIONAL POND SHALL BE DEEDED TO THE CITY WHEN
CHERRYHILL BLUFFS 4TH IS FINALIZED.
2.
PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500 PER ACRE FOR THE TWO
COMMERCIAL LOTS.
3.
NO GRADING IS TO OCCUR WITHIN THE WOODED AREA OF OUTLOT B, UNLESS
DIRECTLY ASSOCIATED WITH THE DEVELOPMENT OF LOT 1, BLOCK 1, HILLSIDE
CROSSING SOUTH.
4.
APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT AS
REQUESTED BY ELK RIVER UTILITIES.
5.
THE PLAT BE CORRECTED TO ELIMINATE THE NAME EVANS STREET AND REDUCE THE
DRAINAGE AND UTILITY EASEMENTS FROM SIXTY (60) TO FIFTY (50) FEET IN WIDTH.
AT THE TIME OF REPLATTlNG OUTLOT B, A CONCEPT PLAN ILLUSTRATING THE
LOCATION OF OFFICE BUILDINGS SHALL BE SUBMITTED AND USED TO DETERMINE THE
APPROPRIATE AREA OF THE NATURAL BUFFER TO BE PROTECTED. A CONSERVATION
EASEMENT OR OTHER INSTRUMENT SHOULD THEN BE APPLIED TO ASSURE PROTECTION
OF THIS AREA.
6.
A CROSS ACCESS/CROSS PARKING AGREEMENT BE PREPARED AND EXECUTE:>
PROVIDING ACCESS TO LOT 1, BLOCK 1, AND OTHER PORTIONS OF THE PLATTED
AREA.
COMMENTS FROM CITY ENGINEER'S MEMO DATED SEPTEMBER 22, 1994, BE
INCORPORATED INTO THE FINAL PLAT.
DEVELOPERS SHALL IMPLEMENT IMMEDIATELY TREE PROTECTION MEASURES FOR
THOSE AREAS THAT WERE DISTURBED WITH EARLIER GRADING OF THE SITE.
APPROPRIATE STREET LIGHTING SHALL BE PROVIDED ALONG THE ACCESS DRIVE TO
LOT 1, BLOCK 1.
IF IT IS DETERMINED THAT A DEVELOPERS AGREEMENT NEEDS TO BE PREPARED, THIS
DOCUMENT SHALL BE SIGNED AND RECORDED ALONG WITH THE PLAT.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $720 PER ACRE BE PAID
PRIOR TO RECORDING THE FINAL PLAT. THIS FEE SHALL NOT APPLY TO OUTLOTS AT
THIS TIME, RATHER IT WILL BE COLLECTED WHEN THOSE AREAS ARE REPLATTED.
13. WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID PRIOR TO RECORDING THE
FINAL PLAT.
14. PRIOR TO CONNECTING LOT 1 AND LOT 2, BLOCK 1 TO CITY SEWER AND WATER, THE
APPLICANT OBTAIN A PERMIT FROM MPCA.
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15.
THE DRAINAGE AND UTILITY EASEMENTS ALONG THE RIDGE LINE BE MAINTAINED.
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