95-011 RES
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RESOLUTION NO. 95 ~ .lL
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSING TOWNHOMES
WHEREAS, application has been rr.ade by Country Ridge Partnership
and Kingman Building Company 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 January 23. 1995; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Coun~H; 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
fol.lows:
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.
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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 proposec subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
2. Fi;1al plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
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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 final
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 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
HOLMGREN . The following voted in favor of the Resolution.
MAYOR DUITSMAN, COUNCIL MEMBERS SCHEEL, & DIETZ
The following voted against the Resolution: NONE
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The following were absent: NONE
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WHEREUPON the resolution is adopted.
Passed and adopted this ~ay of
,1995
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
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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
Riveron~~ d-.7 ,1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
Citythis~dayof 4..~ ,1995.
~
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
4. The foregoing instrument was acknowledged before me this.,dL"'tlay of
~ , 1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota. r
SANDRA A. THACKERAY
NOTARY PlIBLJC..MINNESA
SHERBURNE COUNTY
My Comm. Expires Jan. 31, 2000
~. ~?2- tl JL,'~fhAJ_
Notary Public --=...:.= --?
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
J~ ,1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
ALICE K. HEINECKE
NOTARY PUBl.IC-MINNESOTA
SHERBURNE COUNlY
My Comm. Expires Jan. 31, 2000
~ *. ~~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Nmwest Financial Center
_ 7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
OUTLOT B, COUNTRY CROSSING SECOND ADDITION, SHERBURNE
COUNTY, MINNESOTA
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EXHIBIT B
1.
ALL COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED 12/27/94.
THE FIRST PHASE OF THE PLAT CONSISTING OF 22 TWIN HOME LOTS AND ONE LOT
DEDICATED TO COMMON SPACE CONTROLLED BY THE HOMEOWNER'S
ASSOCIATION AND AN OUTLOT RESERVED FOR FUTURE PHASES.
2.
3.
APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE
PLAT AS REQUESTED BY THE CITY ENGINEER AND ELK RIVER UTILITIES.
4.
NECESSARY STREET LIGHTS AS DETERMINED BY ELK RIVER UTILITIES BE INSTALLED AS
PART OF THE PROJECT UTILITY IMPROVEMENTS.
5.
AS PART OF THE IMPROVEMENTS TO 183RD AVENUE, A SIDEWALK BE INSTALI.ED
ALONG THE SOUTH SIDE OF 183RD AVENUE FROM JOPLIN STREET TO SANDPIPER
ESTATES.
6.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $120.00 PER UNIT BE PAID
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. FUTURE PHASES SHALL PAY
THE AMOUNT PER UNIT AS REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT.
7.
A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER UNIT BE PAID PRIOR
TO RELEASING THE FINAL PLAT FOR RECORDING. FUTURE PHASES SHALL PAY THE
AMOUNT PER UNIT AS REQUIRED AT THE TIME OF FINAL PLAT.
8.
A DEVELOPER'S AGREEMENT AND PUD AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
9. ASSOCIATION DOCUMENTS BE SUBMITTED FOR REVIEW BY THE CITY ATTORNEY PRIOR
TO RELEASING THE PLAT FOR RECORDING.
10. A DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR
TO ISSUANCE OF A BUILDING PERMIT.
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