95-025 RES
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RESOLUTION NO. 95 . 25
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAlPLA T APPROVAL FOR:
HillSIDE ESTATES 4TH ADDITION
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"; 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 August 1, 1994; and
e 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.
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C.
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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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 authorized, once the conditions set
forth in Exhibit 8 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.
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4. The owner of the Property is authorized to record the final plat as required
by law and shall fil.e 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
Farber
Holmgren
resolution was introduced by Council Member
and duly seconded by Council Member
. The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Scheel, Farber and
Holmgren
The following voted against the Resolution:
None
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The following were absent:
None
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OUTLOT A, HILLSIDE ESTATES THIRD ADDITION, according to the
recorded plat thereof on file and of record in the office of the County
Recorder, Sherburne County, Minnesota.
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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
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 /71'1 I.r- , 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this .i!L..."day of . ~~/ , 1995.
. ~~
Sandra Thackeray, City Clerk V
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~day of
"-fY)~ ,1995, by Henry Duitsman, Mayor, City of Elk River,
Minneso .
~.~. 'yJ~
Notary Public
AliCE K. HEINECKE
NOTARY PUBLJC..MINNESOTA
SHERBURNE COUNTY
My Comm. ExpIres Jan. 31, 2000
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this IS day of
'-fYl~. 1995. by Sandra Thackeray, City Clerk, City of Elk River,
Minnesot
.
~ ~. ~d--/41-f~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
ALICE K. HEINECKE
NOTARY PUBLJC.MlNNESOTA
SHERBtRECOUNTY
My Conn. ExpII8S Jan. 31. 2000
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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
That part of the Northeast Quarter of Sec:tion 27, Township 33, Range 26, and
that part of the West Half of the Northwest Quarter of Section 26, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
-
Commencing at the southeast corner of the Northeast Quarter of said
Section 27; thence North 1 degree 49 minutes 19 seconds West,
assumed bearing, along the east line of said Northeast Quarter to the
northeast corner of the south 928.55 feet as measured at right angles, a
distance of 928.67 feet; thence South 87 degrees 15 minutes 55 seconds
West along the north line of said 928.55 feet, a distance of 501.59 feet. to
the northwest corner of HILLSIDE ESTATES THIRD ADDITION said
Sherburne County, and the point of beginning of the land to be described;
thence North 87 degrees 15 minutes 55 seconds East along the north line
of said HILLSIDE ESTATES THIRD ADDITION, a distance of 293.11 feet;
thence South 81 degrees 15 minutes 27 seconds East along the
northeasterly line of said HILLSIDE ESTATES THIRD ADDITION, a
distance of 134.39 feet; thence North 40 degrees 14 minutes 18 seconds
East, a distance of 199.92 feet; thence South 88 degrees 27 minutes 08
seconds East, a distance of 109.69 feet; thence North 21 degrees 40
minutes 02 seconds East, a distance of 110.00 feet; thence North 55
degrees 55 minutes 55 seconds East, a distance of 120.52 feet; thence
North 79 degrees 06 minutes 48 seconds East, a distance of 387.58 feet;
thence North 57 degrees 54 minutes 08 seconds West, a distance of
489.62 feet; thence northeasterly a distance of 93.28 feet along a non-
tangential curve concave to the southeast, having a radius of 260.00 feet
and a central angle of 20 degrees 33 minutes 23 seconds, chord of said
curve bears North 50 degrees 27 minutes 10 seconds East; thence North
29 degrees 16 minutes 08 seconds West, along the prolongation of a line
radial to said curve, a distance of 60.00 feet; thence southwesterly a
distance of 110.35 feet along a non-tangential curve concave to the
southeast, having a radius of 320.00 feet and a central angle of 19
degrees 45 minutes 26 seconds, chord of said curve bears South 50
degrees 51 minutes 09 seconds West; thence North 57 degrees 36
minutes 56 seconds West, not tangent to last described curve, a distance
of 110.00 feet; thence South 29 degrees 30 minutes 47 seconds West, a
distance of 321.31 feet; thence South 65 degrees 24 minutes 06 seconds
West, a distance of 434.44 feet; thence South 15 degrees 52 minutes 09
seconds West to the northwest corner of said HILLSIDE ESTATES
THIRD ADDITION and the point of beginning, a distance of 298.24 feet.
AND
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recorded plat thereof on file and of record in the office of the County
Recorder, Sherburne County, Minnesota.
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7.
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8.
EXHIBIT B
1.
A Developer's Agreement be prepared and executed prior to releasing the
Plat for recording.
2.
Comments from City Engineer's memo dated April 26, 1995 be
incorporated into the Final Plat.
3.
Park dedication be provided in accordance with City Council approval.
4.
Street fights be provided throughout the Plat as required by Elk River
Utilities.
5.
Payment of storm drainage impact fee in the amount of $1,730.40 prior to
releasing Final Plat for recording.
6.
Payment in the amount to be determined by the City Engineer be made to
the City to cover the cost of sealcoating the streets.
A complete development plan be submitted for City review and approval
prior to issuance of any building permits.
Outlot A (water tower site) be deeded to the City.
9. The necessary drainage and utility easements be provided throughout the
plat as recommended by the City Engineer.
10. On those lots which are wooded, a tree protection plan be submitted
along with each building permit.
11. The conditions for granting the Planned Unit Development be
incorporated into the Developer's Agreement.
12. Prior to releasing the Final Plat for recording, all outstanding fees the
developer has with the City be paid by the Developer.
13. An improved temporary cul-de-sac be provided at the north terminus of
Auburn Street.
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