95-068 RES
e
RESOLUTION NO. 95 ~ 68
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSING TOWNHOMES 2ND 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 January 23, 1995; and
tit 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
e
e
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 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.
tit
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
Farber
D;pt-'7.
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman
Councilmembers:
Farber
Scheel
The following voted against the Resolution: Dietz
None
e
The following were absent:
Councilmember Holmgren
s:document:resolution:cctwnhm2
Page 2
e
WHEREUPON the resolution is adopted.
Passed and adopted this ~ay of tC?~
,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 CMOf the resolution as adopted by the City Council of the City of Elk
River on ~U4 /f, , 1995.
e
WITNESS my han~ffiCiallY as such Clerk and the corporate seal of the
City this!.iL:. day of d L~ , 1995.
~~~~/
. andra Thackeray, City Clerk
ALICE K. HEINECKE
NOTARY PUBUC-MINNESOTA
SHERBURNE COUNTY
My Comm. Expires Jan. :3i
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~ The foregoing instrument was acknowledged before me this Jia day of
rl A , 1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
ALICE K. HEINECKE
NOTARY PUBUG-MINNESOTA
SHERBURNE COUNTY
My Comm. Expires Jan. 31. 2000
~~.~
Notary Public
e
s :document :resolution:cctwnhm2
Page 3
e
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this --da.- day of
()~ , 1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
ALICE K. HEINECKE
NOTARY PUBUc-MINNESOTA
SHERBURNE COUNTY
My Comm. fxplresJan. 31. 2000
.
(h~ '.;o;t( N ~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
e
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
e
s:document:resolution:cctwnhm2
Page 4
e
EXHIBIT A
Outlot A, Country Crossing Townhomes, Sherburne County, Minnesota
e
e
s :document :resolution:cctwnhm2
Page 5
e
e
EXHIBIT B
1.
A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS fOR
INSTALLATION Of PUBLIC UTILITIES BE PREPARED AND EXECUTED PRIOR TO RELEASE
Of THE fiNAL PLAT.
2.
ALL COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED 12/27/94 BE
INCLUDED IN THE PLANS AND SPECifiCATIONS fOR UTILITIES AND ANY OTHER
PERTINENT CONDITIONS THAT MAY APPLY IN THE SECOND ADDITION.
3.
NECESSARY STREET LIGHTS AS DETERMINED BY ELK RIVER UTILITIES BE INSTALLED AS
PART Of THE PROJECT AND PAID fOR BY THE DEVELOPER.
4.
A SURfACE WATER MANAGEMENT IMPACT fEE IN THE AMOUNT Of $123.60 PER
UNIT BE PAID PRIOR TO RELEASING THE fiNAL PLAT fOR RECORDING. fUTURE
PHASES SHALL BE REQUIRED TO PAY THIS fEE IN THE AMOUNT AS REQUIRED BY THE
CITY AT THE TIME Of fiNAL PLAT.
5.
A WATER AVAILABILITY CHARGE IN THE AMOUNT Of $300 PER UNIT BE PAID TO THE
ELK RIVER UTILITIES PRIOR TO RELEASING THE fiNAL PLAT fOR RECORDING.
DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES ON AN ADDITIONAL
CHARGES THAT MAY BE REQUIRED AS PART Of THE WATER UTILITY IMPROVEMENTS
AND HOOK UP CHARGES.
6.
A DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER
PRIOR TO ISSUANCE Of A BUILDING PERMIT.
7. If THE ASSOCIATION DOCUMENTS SUBMITTED AS PART Of PHASE 1 WILL BE ANY
DiffERENT IN PHASE 2, THESE DOCUMENTS MUST BE REVIEWED BY THE CITY
ENGINEER PRIOR TO RELEASING THE fiNAL PLAT fOR RECORDING.
8. PRIOR TO RELEASING THE fiNAL PLAT fOR RECORDING, THE DEVELOPER PAY ALL
OUTSTANDING BILLS PERTAINING TO THIS DEVELOPMENT.
e
9. A fiNANCIAL GUARANTEE IN THE AMOUNT Of UTILITY CONSTRUCTION BE
PROVIDED TO THE CITY PRIOR TO COMMENCING CONSTRUCTION.
s:document:resolution :cctwnhm2
Page 6