95-020 RES
e
RESOLUTION NO. 95 - 20
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSING BUSINESS CENTER
e
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"; 3nd
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 February 27, 1995; 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.
e
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
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 grar.ted 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 final
approval of the plat.
e
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, Councilmembers Farber, Holmgren and Dietz
The following voted against the Resolution:
The following were absent: Councilmember Scheel
e
WHEREUPON the resolution is adopted.
Passed and adopted this -.Z.O.... day of March
,1995
s:document:resolution:P94-14
Page 2
CERTIFICAT
e
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 copy of the resolution as adopted by the City Council of the City of Elk
River on 7n~ Jl I> I 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of '/'Y7~ , 1995.
L-,{l~
Sandra Thackeray, City Clerk
e
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me thisae?~ay of
'/YJ~ ,1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
~t2-??~
Notary Public
."'j:"'t,1>'
SANDRA A. THACKERAY
NOTARY PtJBUC..MINNESOT'
SHERBURNE COUNT'!
My Comm. Expires Jan '
e.~~-!!!! Q i! U!~~2~'"
e
s:document:resolution:P94-14
Page 3
e
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ?< 0 day of
...::a1(LA.lI.a~ ,1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
ALICE K. HEINECKE
NOTARY PUBUc-MINNESOTA
SHERBURNE COUNTY
My Camm. Expires Jan. 31, 2000
.OL~ '-4\. ~L~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
-
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
e
s:document:resolution:P94-14
Page 4
EXHIBIT A
e
All that part of the Northwest 1/4 of the Southwest 1/4, Section 32, Township 33,
Range 26, Sherburne County, MN. Lying south of U.S. Highway No. 10 and
lying north of Country Crossings Second Addition; together with Outlot A,
Country Crossing Second Addition.
e
e
s:document:resolution:P94-14
Page 5
EXHIBIT B
e
1.
ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED 1/19/95 BE
INCORPORATED INTO THE REVISED PRELIMINARY PLAT DRAWINGS.
2. COORDINATION WITH U.S. WEST TO ESTABLISH A CORRIDOR ALONG WITH
THE CONSTRUCTION OF JOPLIN BE ACCOMPLISHED.
3. A DECORATIVE STREET LIGHT BE INSTALLED ALONG JOPLIN AND BUSINESS
CENTER DRIVE. THIS STREET LIGHT DETAIL SHALL BE COORDINATED WITH ELK
RIVER UTILITIES AND THE CITY ENGINEER DURING THE PREPARATION OF PLANS
AND SPECIFICATIONS.
4. PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500 PER ACRE FOR
THE TWO LOTS BEING PROPOSED ALONG HIGHWAY 10 IN THIS PRELIMINARY
PLAT. THIS PARK DEDICATION SHALL BE PAID PRIOR TO THE RELEASE OF FINAL
PLAT FOR RECORDING.
5. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $720 PER ACRE BE
PAID PRIOR TO THE RELEASE OF THE FINAL PLAT FOR RECORDING. THIS FEE
SHALL APPLY TO ONLY THE THREE LOTS BEING CREATED AT THIS TIME. FUTURE
PAYMENT WILL BE BASED UPON THE CITY'S RATE AT THE TIME OF FINAL PLAT.
6.
A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS FOR
THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PROPOSED PRELIMINARY
PLAT BE PREPARED AND EXECUTED PRIOR TO THE RELEASE OF FINAL PLAT FOR
RECORDING.
e
7. OUTLOT A BE DEEDED TO THE CITY AND THE CITY COMPENSATE THE
DEVELOPER $1,100.00 FOR THAT PORTION OF OUTLOT A NEEDED FOR ACCESS
PURPOSES.
8. OUTLOT A SHOULD BE IDENTIFIED ON THE FINAL PLAT AS HAVING A
DRAINAGE AND UTILITY EASEMENT OVER ITS ENTIRETY.
9. APPROPRIATE PERMITS FROM MN/DOT BE OBTAINED FOR ANY WORK WITHIN
THE RIGHT-OF-WAY.
10. RESTRICTED ACCESS ALONG HIGHWAY 10 BE INCLUDED ON THE FINAL PLAT.
11. APPROPRIATE EASEMENTS FOR DRAINAGE AND UTILITIES BE PROVIDED AS
REQUESTED BY ELK RIVER UTILITIES AND CITY ENGINEER.
12. A SIX (6) FOOT SIDEWALK BE PROVIDED ALONG THE SOUTH SIDE OF BUSINESS
CENTER DRIVE.
13. OUTLOT C BE DEEDED TO THE CITY TO ACCOMMODATE DRAINAGE AND
UTILITY NEEDS AND US WEST IMPROVEMENTS.
14. WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER LOT BE PAID
TO ELK RIVER UTILITIES PRIOR TO RELEASE OF FINAL PLAT.
e
15.
SEAL COATING FEE IN THE AMOUNT OF $2,741.00 BE PAID TO THE CITY PRIOR
TO RELEASING THE PLAT FOR RECORDING.
s:document:resolution:P94-14
Page 6