95-047 RES
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RESOLUTION NO. 95 - 47
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
CHERRYHILL BLUFFS 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 May 3, 1993; and
e WHEREAS, an extension for preliminary plat approval was approved by
the City Council on June 19, 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.
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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 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.
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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
Dietz
HolmKren
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, Holmgren and 'Farber
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 l7thdayof July
,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 July 17. ,1995.
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WITNESS my hand officially as such Clerk and the corporate seal of the
City this l7tkiayof July , 1995.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
a The foregoing instrument was acknowledged before me this 4. day of
"LIt ,1995, by. Henry Duitsman, Mayor, City of Elk River,
Mi nesot .
ALICE K. HBNECKE
NOTARY Pl8JC.MINNESOTA
s-.COUNTY
My Conn.......... 31, 2OllO
Ohb-'4<- '9J ~
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~~he foregoing instrument was acknowledged before me this fl day of
I ' 1995, by Sandra Thackeray, City Clerk, City of Elk River,
Innesota.
..'
e'O~T.~', ALICE K HEINECKE
! ..... '10 NOTARY PUBUG-MINNESOTA
'0:' : .: SHERBURNE COUNTY
..,.... My Comm. Expires Jan. 31, 2000
{h~*.iJ~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
e 7900 Xerxes Avenue South
Bloomington, MN 55431
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7.
EXHIBIT B
1.
A developers agreement be prepared and executed, outlining the terms
and conditions of approval.
2.
Park dedication fee's in the amount of $8,000, be paid prior to
recording the final plat.
3.
A surface water management impact fee in the amount of $1,977.60,
be paid prior to recording the final plat.
4.
A water access charge in the amount of $4,800, be paid to Elk River
Municipal Utilities prior to recording the final plat.
5.
Outlot B, be deeded to the city.
6.
That portion of Outlot A below the 100-year elevation be encumbered
with a drainage utility easement to allow for storm drainage needs
from the city's regional pond to Highway 169 right-of-way.
A development plan be submitted for review and approval prior to
issuance of any building permits in the proposed final plat.
8. A landscape plan be submitted identifying the required front yard
trees on each lot.
9. Outlot A be attached to Lot 1, Block 1, Hillside Crossings South.
10. Developer provide the city with a letter of credit in the amount of 100%
of the cost of the improvements associated with the final plat.
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