94-021 RES
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RESOLUTION NO. 94 - 2.L
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL TO:
OAK PARC PLAZA
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
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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 18, 1994; 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
follows:
as
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.
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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 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
Holmgren
Farber
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Farber, Holmgren and Dietz
The following voted against the Resolution: None
The following were absent:
Councilmember Scheel
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WHEREUPON the resolution is adopted.
Passed and adopted this c2Ldday of ~~.J
,1994
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\~r^<,,;-t:'/{l .,,-i. ./ .{I/<;~AA-t:.<^-_".._.
H€m~ Duitsman, Mayor
CERTIFICATE '
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 /rJ~~ 6l / ,1994.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ay of 7vJ/2.AJlL ~ , 1994.
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ay of
'7Yl~ ,1994, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Ci- SANDRA A. THACKERAY
.. NOTARY PUBLIC. MINNESOTA
SHERBURNE COUNTY
~ '. My Comm. Exp. June 17. 1997
~L4..a_~
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this .$J.L day of
':11J~ ,1994, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
~~~~
~ Alice Kathryn Heinecke 5
~ t!OlAf.~ PUBLIC - MII-lNESOTA ~
(: 'H:cPURN- CO"!'iTV ~
J . ~ ~~UJ. -. ,-, ?
... r/y ',::;mITiLiSIOn eY,plreti 8,,26u9B 1
~~'^^''^^~--''''''''V\
~~r ~1~kL
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
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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 the Southwest Quarter of Section 27, Township
33, Range 26, Sherburne County, Minnesota lying west of the westerly line of the
right-of-way line of U.S. Highway No. 169, and lying east of the easterly line of
the right-of-way line of State Trunk Highway No. 201, now known as Jackson Road.
TOGETHER WITH that part of the Northwest Quarter of the Southeast Quarter of said
Section 27 lying west of said westerly line of the right-of-way of U.S. Highway No.
169.
TOGETHER WITH that part of the Southwest Quarter of said Southeast Quarter of
Section 27 lying west of said westerly line of the right-of-way of U.S. Highway No.
169 and lying northerly of following described "Line C".
TOGETHER WITH that part of the Southeast Quarter of the Southwest Quarter of said
Section 27 lying east of said easterly line of the right-of-way of State Trunk
Highway No. 201 and lying northerly of said follOwing described "Line C".
Said "Line C" being described as Commencing at the Southeast corner of said
Northeast Quarter of the Southwest Quarter of Section 27; thence South 89 degrees
23 minutes 08 seconds West, assumed basis of bearings, along the South line
thereof for a distance of 832.29 feet to intersect said Easterly line of the
right-of-way of State Trunk Highway No. 201, now known as Jackson Road, said
point of intersection also being the actual Point Of Beginning of said "Line C"
to be hereby described; thence South 74 degrees 36 minutes 12 seconds East for a
distance of 150.00 feet; thence along a tangential curve concave to the north,
radius 380.00 feet, for a central angle of 16 degrees 53 minutes 48 seconds and
length 112.06 feet; thence North 88 degrees 30 minutes 00 seconds East tangent to
said curve for a distance of 240.00 feet; thence along a tangential curve concave
to the southwest, radius 260.00 feet, for a central angle of. 90 degrees 00
minutes 00 seconds and length 408.41 feet; thence South 1 degree 30 minutes 00
seconds East tangent to said curve for a distance of 140.98 feet; thence North 88
degrees 30 minutes 00 seconds East for a distance of 175.67 feet; thence along a
tangential curve concave to the north, radius 395.00 feet, for a central angle of
15 degrees 46 minutes 16 seconds and length 108.73 feet, more or less, to
intersect and terminate said "Line C" at said westerly line of the right-of-way
of U.S. Highway No. 169.
Subject to easements of record to Northern Natural Gas Company, and to United Power
Association. Also subject to other easements of record, if any.
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EXHIBIT B
1.
ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16,
1993, BE ADDRESSED AND/OR INCORPORATED INTO THE FINAL PLAT.
2. A DRAINAGE AND UTILITY EASEMENT BE ESTABLISHED ALONG THE
SOUTHEAST PROPERTY LINE PROTECTING THE RIDGE AND EXISTING
TREES. THIS EASEMENT SHALL BE A MINIMUM OF THIRTY (30) FEET
IN WIDTH AND FOLLOW THE SOUTHEAST PROPERTY LINE. IF THIS
EASEMENT IS VACATED IN CONNECTION WITH THE DEVELOPMENT
OF OUTLOT A, THE CITY SHALL WAIVE THE APPLICATION FEE FOR
VACATION OF THE EASEMENT.
3. ELK RIVER UTILITIES BE CONTACTED TO ARRANGE THE EXTENSION
OF SERVICES TO THE PROPERTY.
4. A STREET LIGHT BE INSTALLED AT THE SOUTHWEST CORNER OF
193RD AVENUE AND THE EASTERLY ENTRANCE DRIVE TO SERVE THE
TWELVE (12) ACRE PARCEL.
5.
CASH PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500
PER ACRE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING. THIS PARK DEDICATION SHALL ONLY APPLY TO THE
1.13 ACRE COMMERCIAL SITE BEING CREATED AT THIS TIME.
.
6. PAYMENT OF $7,500 TO THE CITY OF ELK RIVER FOR THE
PROPERTY'S FAIR SHARE COST FOR SIGNALIZATION
IMPROVEMENTS AT 193RD AVENUE AND HIGHWAY 169.
7. PAYMENT OF THE TRUNK SANITARY SEWER AND WATER MAIN
ASSESSMENT IN THE AMOUNT OF $3,800 PER ACRE BE PAID PRIOR
TO RELEASING THE FINAL PLAT FOR RECORDING. THIS COST SHALL
APPLY TO LOT 1, BLOCK 1, OAK PARC PLAZA.
8. DEVELOPER AGREE TO WAIVE RIGHTS TO A PUBLIC HEARING AND
ASSESSMENT APPEAL FOR THE $3,800 PER ACRE COST TO OUTLOT
A AT THE TIME TRUNK SANITARY SEWER AND WATER MAIN IS MADE
AVAILABLE TO SERVE THE SITE.
9. COMPLETING A DEVELOPERS AGREEMENT FOR OAK PARC PLAZA
PLAT.
.
10. PROVIDE TO THE CITY FOR REVIEW AND APPROVAL A
DEVELOPMENT PLAN ILLUSTRATING THE GENERAL GRADING,
STORM/SEDIMENTATION PONDING NEEDS, AND FINISHED FLOOR
ELEVATIONS OF FUTURE BUILDINGS.
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EXHIBIT B (continued)
11. A FIFTY (50) FOOT DRAINAGE AND UTILITY EASEMENT BE DEDICATED
TO THE PUBLIC AND MADE PART OF THIS PLAT FOR THE EXTENSION
OF THE TRUNK SANITARY SEWER AND WATER MAIN THAT IS
PLANNED TO PASS THROUGH THIS PROPERTY. IN ADDITION, AGREE
TO PROVIDE A TEMPORARY EASEMENT FOR CONSTRUCTION OF
TRUNK SANITARY SEWER AND WATER MAIN THROUGH OUTLOT A.
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resopp.doc
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