94-071 RES
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RESOLUTION NO. 94 -71
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSINGS
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 21, 1994; and
e 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
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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 8.
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.
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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
DIETZ
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Holmgren, Dietz, and Scheel
The following voted against the Resolution: None
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The following were absent: Councilmember Farber
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WHEREUPON the resolution is adopted.
Passed and adopted this ~ day of ~ , 1994
1'1/ . .
Iff It.... ~
rl/:t;u...u "I "'fA" v"tv _______.
H~nrfDuitsman, Mayor
CERTIFICATE y
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 cop of the resolution as adopted by the City Council of the City of Elk
River on , 1994.
ITNESS my hand officially as such Clerk and the corporate seal of the
Citythis~dayof ~.. ',1994.
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ -aay of
~L.<...-< ,1994, by Henry Duitsman, Mayor, City of Elk River,
Mi esota.
sL~~'r
Notary Public
Q- SANDRA A. THACKERAY
lt~ NOTARY PUBLIC. MINN. ESOTA
.,..... SHERBURNE COUNTY
~'. My Comm. Exp. June :7,1997
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this a... 7m day of
~ ' 1994, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
\ Alice Kathryn "ein....
.".., ~.~.
:$'HEUUINI! cOUNft
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..A"""'-- ~ -- ..
~"X . ~
Notary PUb~
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
The Southeast Quarter of the Southwest Quarter of Section 32, Township 33,
Range 26; Together with that part of the Southwest Quarter of said Southwest
Quarter of Section 32 lying east of a line described as Commencing at the
Southeast corner of the Southwest Quarter of said Southwest Quarter; thence
South 89 degrees 44 minutes 14 seconds West, assumed basis of bearings,
along the South line of said Southwest Quarter of the Southwest Quarter for a
distance of 40.00 feet to the actual Point Of Beginning of the line to be hereby
described; thence North 0 degrees 48 minutes 04 seconds West and parallel
with the East line of said Southwest Quarter of the Southwest Quarter for a
distance of 775.21 feet; thence along a tangential curve, concave to the west,
with a radius of 760.00 feet for a central angle of 14 degrees 21 minutes 41
seconds and length of 190.05 feet; thence along a tangential reverse curve,
concave to the east, with a radius of 840.00 feet, for a central angle of 14
degrees 21 minutes 41 seconds and length 210.55 feet; thence North 0 degrees
48 minutes 04 seconds West and parallel with said East line of the Southwest
Quarter of the Southwest Quarter for a distance of 150.29 feet, more or less, to
terminate said line at the intersection thereof with the North line of said
Southwest Quarter of the Southwest Quarter.
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EXHIBIT B
1.
A PLAN BE SUBMITTED TO THE CITY IDENTIFYING THE LOCATION OF ALL
MAILBOXES AND A DETAIL ILLUSTRATING THE UNIFORM MAILBOX DESIGN THAT
WILL BE USED THROUGHOUT THE PLAT.
2.
THE DEVELOPER PROVIDE A LANDSCAPE PLAN TO THE CITY FOR APPROVAL
ILLUSTRATING BERMING AND LANDSCAPING ALONG JOPLIN STREET AND COUNTY
ROAD NO. 30. SAID PLAN SHOULD CO~SIST OF CONIFER AND SHRUBS WHICH
HELP BUFFER AND PROVIDE AN AESTHETIC STREET SCAPE.
3.
RESTRICTED ACCESS ALONG COUNTY ROAD NO. 30 SHALL BE MADE PART OF THE
PLAT.
4.
PUBLIC IMPROVEMENTS TO SERVE THE PROPOSED PLAT INCLUDE THE EXTENSION
OF JOPLIN STREET TO ORONO PARKWAY AND ORONO PARKWAY TO JOPLIN
STREET.
5.
DEVELOPER GRANT TO THE CITY A 90 FOOT STREET, DRAINAGE, AND UTILITY
EASEMENT FOR THE EXTENSION OF JOPLIN FROM ORONO PARKWAY TO HIGHWAY
10.
6.
A GRADING PLAN BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO
RELEASING THE PLAT FOR RECORDING.
7.
A DEVELOPMENT PLAN BE SUBMITTED ILLUSTRATING TYPES OF HOMES AND
LOWEST FINISH FLOOR ELEVATIONS AND APPROVED BY THE CITY ENGINEER
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
8. OUTLOTS FOR TRAIL CORRIDORS BE DEEDED TO THE CITY.
9. TREE PRESERVATION EFFORTS BE INCORPORATED INTO THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS TO SERVE THIS PLAT AS APPROVED BY THE CITY
COUNCIL.
10. ALL BUILDINGS LYING WITHIN THE JOPLIN STREET RIGHT OF WAY BE REMOVED
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
11. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
12. RELOCATING COSTS ASSOCIATED WITH THE US WEST CABLE LINE BE BORNE BY
THE DEVELOPER.
13. PROPER EASEMENTS BE DEDICATED AS PART OF THE PLAT TO FACILITATE THE
EXTENSION OF UTILITIES TO SERVE THE PLAT.
14. ONE 2" CALIPER OVERSTORY TREE BE PROVIDED WITHIN THE FRONT YARD OF
EACH LOT. THESE TREES SHOULD BE IDENTIFIED AND MADE PART OF THE
LANDSCAPING PLAN FOR THE PROJECT.
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15. THE DEVELOPER PAY FOR THE FAIR SHARE OF ORONO PARKWAY EXTENSION IN
THE AMOUNT OF $30.00 PER LINEAL FOOT.
16.
OUTLOT A BE ELIMINATED FROM THE PLAT AND DEDICATED AS RIGHT-OF-WAY.
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17. In the event additional land is acquired for realigning Orono
Parkway, the final plat shall be adjusted accordingly by dedicating
appropriate right-of-way or deeding necessary land to the City as an
outlot for roadway and park purposes.
18. In the event the Council deems it necessary to fence the
sedimentation pond, the cost to fence the pond shall be borne by the
developer.
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