94-053 RES
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RESOLUTION NO. 94 - 53
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL TO:
HILLSIDE ESTATES, 3RD ADDITION
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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 April 20, 1992; and
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WHEREAS, . one year extensions for preliminary plat approval were
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approved by the City Council on May 17, 1993 and May 16, 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 tne 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.
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 th3t 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, Scheel, Farber and Holmgren
The following voted against the Resolution: None
The following were absent: None
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WHEREUPON the resolution is adopted.
Passed and adopted this 1.6:th day of
May
,1994
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iGk'.rf ,~ /)-/AM-'~__-'
WenJi1Duitsman, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
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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 7rJCl.1/~ ' 1994.
WITNESS my hand officially as such Clerk and trye corporate seal of the
City this .Lk- day of '7YJ~ I 1994.
kdL~L<~
Sandra Thackeray, City Clerk /'
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
t~r;.-
The foregoing instrument was acknowledged before me this & day of
~~..... , 1994, by Henry Duitsman, Mayor, City of Elk River,
Minne ota.
~'_. SANDRA A. THACKERAY
.a NOTARY PUBLIC. MINNESOTA
~1 ~. SHERBURNE COUNTY
~ ~. . My Comm. Exp. June 17, 1997
xL ~ C;:'~
Notary Public /
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
'-1Y1J'c ' 1994, by Sandra Thackeray, City Clerk, City of Elk River,
Minne ota.
'V"" - '- ~ --- -- ~ ----t
~ - - Alice Kathryn Heinecke
NOTAR~ PUBLIC -MINNESOTA .
SHERBURNE COUNTY ~
Myco~m'ss,on expires 8-26.98 ~,
.....,..,.~,...".P>.........'4,~~.d""''''''ft
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
t~...._
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Notary Public
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EXHIBIT A
That part of the south 928.55 feet of the Northeast Quarter of Section 27,
Township 33, Range 26, Sherburne County, Minnesota described as follows:
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Beginning at the southwest corner of Block 2, HILLSIDE ESTATES SECOND
ADDITION said Sherburne County; thence north 60 degrees 08 minutes 30
seconds east, assumed bearing along the south line of said Block 2 a distance of
133.16 feet; thence north 13 degrees 12 minutes 26 seconds west along the
east line of said Block 2 a distance of 215.37 feet; thence north 00 degrees 15
minutes 20 seconds East along said east line a distance of 272.89 feet; more or
less, to intersect the north line of said south 928.55 feet of the Northeast
Quarter; thence North 87 degrees 15 minutes 55 seconds East along, said north
line a distance of 293.11 feet; more or less; to a point distant 208.48 feet west of
the northeast corner of said south 928.55 feet of the Northeast Quarter as
measured along said north line; thence South 81 degrees 15 minutes 27
seconds East a distance of 134.39 feet; thence South 40 degrees 14 minutes 18
seconds West a distance of 38.11 feet; South 03 degrees 21 minutes 16
seconds East a distance of 474.56 feet; thence northwesterly along a non-
tangential curve, concave to the southwest, having a central angle of 17 degrees
14 minutes 37 seconds, a radius of 342.44 feet, a chord that bears North 60
degrees 44 minutes 10 seconds West a distance of 103.06 feet; thence South 20
degrees 38 minutes 31 seconds West, not tangent with the last described curve,
a distance of 70.00 feet; thence northwesterly along a non tangential curve
concave to the south having a central angle of 15 degrees 47 minutes 59
seconds, a radius of 272.44 feet, a chord that bears North 77 degrees 15
minutes 29 seconds West a distance of 75.13 feet; thence South 05 degrees 36
minutes 48 seconds West, not tangent with the last described curve a distance
of 209.02 feet more or less to the northerly line of Block 4, HILLSIDE ESTATES
1ST ADDITION of said Sherburne County; thence North 82 degrees 51 minutes
14 seconds West along said northerly line a distance of 22.38 feet; thence North
54 degrees 58 minutes 37 seconds West along said northerly line a distance of
130.83 feet; thence north 20 degrees 12 minutes 30 seconds West along said
northerly line a distance of 88.00 feet; thence South 60 degrees 08 minutes 30
seconds West along said northerly line a distance of 121.00 feet to the northwest
corner of said Block 4; thence North 19 degrees 34 minutes 30 seconds West a
distance of 71.14 feet to the point of beginning.
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EXHIBIT B
1.
Developer provide storm drainage calculations and a storm drainage plan for
review and approval by the City Engineer prior to recording the final plat.
2.
Developer provide the city with a development plan identifying finished floor
elevations, style of homes, and drainage of each lot. This plan should be
approved by the City Engineer prior to issuance of building permits.
3.
A Developers Agreement be prepared and executed reflecting the developers
responsibility for installation of public improvement and other pertinent
stipulations relating to the plat.
4.
Payment of Park Dedication in the amount of $4,050 based on the nine (9)
lots included in the plat be paid prior to releasing the final plat for recording.
5.
A tree protection plan be submitted along with each building permit
identifying the location of homes that minimizes the loss of trees, trees to be
saved, and the trees to be removed during construction.
6.
Proper disposal of all tree stumps be provided and location be approved by
staff.
7.
Building setbacks be consistent with the first and second additions, which
consist of 30 feet from the front property line, 10 feet from the side property
line and rear property line, and a 6 foot side yard setback for garages.
8. The developer pay $3,800 per acre for trunk sewer and water lines that will
be extended to serve this property. This requirement will be reflected in the
Developers Agreement.
9. The developer pay $895 for seal coating of streets within the plat.
10. The developer install street lights at appropriate locations as requested by
Elk River Utilities.
11. A letter of credit be provided in the amount estimated by staff to cover the
installation of public utilities associated with Hillside Estates 3rd Addition.
12. Developer provide evidence that water availability charge of $300 per
lot has been paid prior to releasing the plat for recording.
13. That the appropriate drainage and utility easements be provided on
the final plat.
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