94-034 RES
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RESOLUTION NO. 94 - a..
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ELK PARK CENTER
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
e Council on February 7,1994; 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 as
follows:
A. .The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
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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 8.
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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.
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
Farber
resolution was introduced by Council Member
and duly seconded by Council Member
. The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz, Farber, Scheel
The following voted against the Resolution:
None
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The following were absent:
Councilmember Holmgren
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WHEREUPON the resolution is adopted.
Passed and adopted this 21stdayof April
,1994
Henry
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 April 21, , 1994.
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WITNESS my hand officially as such Clerk and the corporate seal of the
City this h- day of ~ ' 1994.
~~~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me thi~ day of
~ ' 1994, by Henry Duitsman, Mayor, City of Elk River,
M nnesota.
'NNMf,
~.- - SANDRA A. THACKERAY
"~ NOTARY PUBLIC. MINNESOTA
*. SHERBURNE COUNTY
- My Comm. Exp. June 17, 1997
~!l~
Notary Public '. .
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~day of
a~ ' 1994, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
~--~~-~l
~--- - - Alice Kathryn Heinecke
~o.TAR~ PUBLIC - MINI'<fSOr...
SHERBURNE COUNTY
~ M, "mm''''~ ...~ ~26-98
~,-----~--.-
,~~a:t:Iu~'1I~
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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EXHIBIT A
KNOW ALL MEN BY THESE PRESENTS: That Elk Park Center Limited Partnership, a
Minnesota Limited Partnership, fee owner the following described property situated
in the County of Sherburne, State of Minnesota, to wit:
~AII that part of the Northeast Quarter of the Southwest Quarter of Section 27,
-Township 33, Range 26, lying westerly of new U.5. Highway No. 169, lying
easterly of old u.s. Highway No. 169 (now Jackson Road) and lying north of Line
"C" to be hereinafter described.
AND all that part of the Northwest Quarter of the Southeast Quarter of Section
27, Township 33, Range 26, lying west of the Westerly line of the right-of-way
of new u.S. Highway No. 169, and lying north of the following described Line
"C":
a Minnesota Limited
situated in said County
TORRENS PROPERTY:
The North 607 feet, as measured at right angles, of that part of the Southwest
Quarter of the Southeast Quarter of Section 27, Township 33, Range 26,
Sherburne County, Minnesota, lying west of the West line of the right-of-way
of u.S. Highway No. 169.
TOGETHER WITH that part of the Southeast Quarter of the Southwest Quarter of
said Section 27 lying east of the Easterly line of the right-of-way of State
Trunk Highway No. 201, now known as Jackson Road; and lying north, and east,
and north, of the following described line: Commencing at a point on the North
line of said Southeast Quarter of the Southwest Quarter a distance of 302 feet
easterly of the point of intersection thereof with said Easterly line of the
right-of-way of State Trunk Highway No. 201, now known as Jackson Road; thence
south, along a line to be hereafter known as Line "A" for the purposes of this
description, and parallel with the East line of said Southeast Quarter of the
Southwest Quarter for a distance of 607.09 feet, more or less, to intersect he
South line of the North 607 feet, as measured at right angles, of said
Southeast Quarter of the Southwest Quarter; thence east along said South line
of the North 607 feet to intersect the East line of said Southeast Quarter of
"'the Southwest Quarter, said point of intersection also being the actual Point
"'Of Beginning of the line to be hereby described; thence return west along said
South line of the North 607 feet to intersect said Line "A"; thence continue
west along said South line of the North 607 feet for 195.75 feet; thence north
parallel with said Line "A" for 90.00 feet; thence westerly, along a line to
be hereafter known as Line "B" for the purposes of this description, to the
point of intersection of the South line of the North 507 feet, as measured at
right angles, of said Southeast Quarter of the Southwest Quarter with said
Easterly line of the right-of-way of State Trunk Highway No. 201 and there
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TOGETHER WITH all that part of the Northeast Quarter of said Southwest Quarter
of Section 27 lying easterly of said Easterly line of the right-of-way of State
Trunk Highway No. 201, now known as Jackson Road,'and lying south of Line "C"
to be hereinafter described.
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TOGETHER WITH all that part of the Northwest Quarter of said Southeast Quarter
of Section 27 lying west of the West line of the right-of-way of u.S. Highway
No. 169, and lying south of said Line "C" described as Beginning at a point on
said Easterly line of the right-of-way of Jackson Road a distance of 8.00 feet
northerly, as measured along said right-of-way, of the point of intersection
thereof with the South line of said Northeast Quarter of the Southwest Quarter;
thence easterly for 362.90 feet, more or less, to a point a distance of 16.40
feet north, as measured at right angles, of said South line of the Northeast
Quarter of the Southwest Quarter from a point thereon a distance of 365.00 feet
east of said point of intersection thereof with said Easterly line of the
right-of-way of Jackson Road; thence easterly for 467.76 feet, more or less,
to a point on the East line of said Northeast Quarter of the Southwest Quarter
a distance of 23.00 feet north of the Southeast corner thereof; thence continue
easterly along the easterly extension of the last described course for 75.21
feet, more or less, to terminate said Line "C" at the intersection thereof with
said West line of the right-of-way of u.S. Highway No. 169.
EXCEPTING THEREFROM all that part of the Southeast Quarter of the Southwest
Quarter of Section 27, Township 33, Range 26, Sherburne County, Minnesota,
lying east of the Easterly line of the right-of-way of State Trunk Highway
No. 201, also known as Jackson Avenue, and described as Commencing at a
point on the North line of said Southeast Quarter of the Southwest Quarter
a distance of 302 feet easterly of the point of intersection thereof with
said Easterly line of the right-of-way of State Trunk Highway No. 201, now
known as Jackson Road; thence south, along a line to be hereafter known as
Line "A" for the purposes of this description, and parallel with the East
line of said Southeast Quarter of the Southwest Quarter for a distance of
607.09 feet, more or less, to intersect the South line of the North 607
feet, as measured at right angles, of said Southeast Quarter of the
Southwest Quarter; thence west along said South line of the North 607 feet
for 195.75 feet; thence north parallel with said Line "A" for 90.00 feet to
a point to be hereafter known as Point No. 1 for the purposes of this
description; thence North 88 degrees 14 minutes 38 seconds West, along a
line to be hereafter known as Line "B" for the purposes of this
description, for a distance of 242.36 feet, more or less, to the point of
intersection of the South line of the North 507 feet, as measured at right
angles, of said Southeast Quarter of the Southwest Quarter with said
Easterly line of the right-of-way of State Trunk Highway No. 201, said
point of intersection also being the actual Point Of Beginning of the
Exception to be hereby described; thence return South 88 degrees 14 minutes
38 seconds East along said Line "B" to said Point No.1; thence continue
South 88 degrees 14 minutes 38 seconds East along the Easterly extension of
said Line "B" for a distance of 21.44 feet; thence North 4 degrees 33
minutes 53 seconds East for a distance of 299.00 feet; thence North 82
degrees 19 minutes 54 seconds West for a distance of 202.00 feet, more or
less, to intersect said Easterly line of the right-of-way of State Trunk
Highway No. 201, now known as Jackson Road; thence South 15 degrees 23
minutes 48 seconds West, assumed basis of bearings, along said right-of-way
for a distance of 328.72 feet, more or less, to the Point Of Beginning.
AND THAT said Elk Park Center Limited Partnership, a Minnesota Limited
Partnership, fee owner of the following described property situated in said County
of Sherburne, State of Minnesota, to wit:
~ That part of the Southeast Quarter of the Southwest Quarter lying east of the
~easterly line of the right-of-way of old u.S. Highway No. 169 (now Jackson
Road), and that part of the Southwest Quarter of the Southeast Quarter that
lies west of the Westerly line of the right-of-way of new u.S. Highway No.
169, all in Section 27, Township 33, Range 26, EXCEPT the four following
described parcels:
1) That part of said Southwest Quarter of the Southeast Quarter lying north
of the South line of the North 607 feet, as measured at right angles to the
North line of said Southwest Quarter of the Southeast Quarter.
2) That part of said Southwest Quarter of the Southeast Quarter described
as follows:
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Commencing at the Southwest corner of said Southwest Quarter of the
Southeast Quarter; thence east along the South line of said Southwest
Quarter of the Southeast Quarter a distance of 507.6 feet, more or
less, to the intersection with said Westerly line of the right-of-way
of, new u.S. Highway No. 169, said point of intersection also being the
actual Point Of Beginning of the land to be hereby described; thence
northerly along said highway right-of-way a distance of 208.0 feet,;
thence west parallel with said South line of the Southwest Quarter of
the Southeast Quarter a distance of 218. 7 feet; thence southerly
parallel with said highway right-of-way a distance of 208.0 feet to
said South line of the Southwest Quarter of the Southeast Quarter;
thence east along said South line of the Southwest Quarter of the
Southeast Quarter a distance of 218.7 feet to the Point Of Beginning.
3) That part of said Southeast Quarter of the Southwest Quarter described
as follows:
Beginning at the point of intersection of said Easterly line of the
right-of-way of old u.S. Highway No. 169 (now Jackson Road) with the
South line of said Southeast Quarter of the Southwest Quarter; thence
east along said South line of the Southeast Quarter of the Southwest
Quarter a distance of 445.00 feet; thence north at right angles a
distance of 419.00 feet; thence deflect 90 degrees 37 minutes 00
seconds to the left in a westerly direction from the northerly
extension of the last described course a distance of 332.61 feet, more
or less, to intersect said Easterly line of the right-of-way of old
u.S. Highway No. ~69; thence southwesterly along said right-of-way to
the Point Of Beginning.
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4) That part of said Southeast Quarter of the Southwest Quarter lying
north, and east, and north of the following described line:
Commencing at a point on the North line of said Southeast Quarter of
the Southwest Quarter a distance of 302 feet easterly of the point of
intersection thereof with said Easterly line of the right-of-way of old
u.S. Highway No. 169 (now Jackson Road); thence south, along a line to
be hereafter known as line "A" for the purposes of this description,
and parallel with the East line of said Southeast Quarter of the
Southwest Quarter a distance of 607.09 feet, more or less, to intersect
the South line of the north 607 feet, as measured at right angles, of
said Southeast Quarter of the Southwest Quarter; thence east along said
South line of the north 607 feet to intersect the East line of said
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Southeast Quarter of the Southwest Quarter, said point of intersection
also being the actual Point Of Beginning of the line to be hereby
described; thence return west along said South line of the north 607
feet to intersect said line "A"; thence continue west along said South
line of the north 607 feet a distance of 195.75 feet; thence north
parallel with said line "A" a distance of 90.00 feet; thence westerly,
along a line to be hereafter known as line "B" for the purposes of this
description, to the point of intersection of the South line of the
north 507 feet, as measured at right angles, of said Southeast Quarter
of the Southwest Quarter with said Easterly line of the right-of-way of
old u.S. Highway No. 169 and there terminating.
Have caused the same to be surveyed and platted as ELK PARK CENTER and do hereby
donate and dedicate to the public for the public use forever the thoroughfares as
shown on this plat and also dedicating the easements as shown on this plat for
drainage and utility purposes only. In witness whereof said Elk Park Center
Limited Partnership, a Minnesota Limited Partnership, has caused these presents
to be signed by its General Partner this day of , 1994.
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EXHIBIT B
A. A Planned Unit Development Agreement and a Developer's Agreement
shall be executed prior to releasing the final plat for recording, as required
by Resolution No. 93-81.
B. Payment of park dedication fees shall be made at the time of final plat
approval, in an amount based on the City's commercial park dedication
rate. Park dedication shall be based on the total gross acreage of the
project.
C. Appropriate cross-access/cross-parking agreements shall be approved by
the City and recorded with the final plat to accommodate shared parking
arrangements.
D. All storm drainage ponds, utility lines and other pertinent public
infrastructure elements shall have easements placed over them and
dedicated to the public as part of the final plat.
E.
Easement documents granting to the City of Elk River Freeport Avenue
from School Street to the limits of the plat and the drainage and utility
easement immediately south of the plat on school property shall be
approved by the City and recorded with the final plat
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F. Outlot A shall be deeded to the City of Elk River.
G. All other conditions set forth in Resolution No. 93-81, granting approval of
a Conditional Use Permit for the property, are hereby incorporated by
reference in this Resolution approving a preliminary plat for the property.
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