94-072 RES
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RESOLUTION NO. 94 - ..12..
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HERITAGE LANDING SECOND 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 May 16, 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 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.
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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 resolution was introduced by Council Member
Holmgren and duly seconded by Council Member
Dietz . 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 j~ , 1994
II /(1....-
~~/i "' ) A L{ ,i(h .
Hef)i Duitsman, 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 cop}' of the resolution as adopted by the City Council of the City of Elk
Riveron t1~J'~ ~~ ,1994.
I
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ..t:L day of j~ , 1994.
~L ?}-~
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me thisc:;lL day of
~.IA......A , 1994, by Henry Duitsman, Mayor, City of Elk River,
M' nesota.
@-"SANDRAA.THACKERAY
Nt: NOTARY PUBLIC. MINNESOTA
."... SHERBURNE COUNTY
~. My Comm. Exp. June 17. 1997
d-~~.. c:; ''''~,u~
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ii::!1!..brJay of
~ ' 1994, by Sandra Thackeray, City Clerk, City of Elk River,
M nnesota.
-..- ..r ~-~------t
- - Alice Kilthryn Heineck.
H01^1l PlJIUC -,~IHNi').'4,. .
SHER8URNE COUNTY
\ M, ~mm"".' ..".... ~2~98
f~-~---,
THIS INSTRUMENT WAS DRAFTED BY:
(J.~~.>K. ~~
-
Notary Public
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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
Lot 1, Block 1, of the duly recorded plat of Heritage Landing, Sherburne County,
Minnesota.
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EXHIBIT B
1.
TREE PRESERVATION PLAN BE SUBMITTED ALONG WITH A GRADING
PLAN TO ILLUSTRATE THOSE AREAS OF TREES THAT WILL BE SAVED
DURING GRADING OF THE PLAT.
2.
ALL OUT BUILDINGS BE REMOVED PRIOR TO RECORDING THE FINAL
PLAT.
3.
A UNIFORM MAILBOX DESIGN BE PROVIDED.
4.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RECORDING THE FINAL PLAT.
5.
PARK DEDICATION IN THE AMOUNT OF $4,050 BE PAID.
ALL COMMENTS STATED IN TERRY MAURER'S MEMO DATED APRIL 15,
1994, BE INCORPORATED AND MADE PART OF THIS PLAT.
6.
7.
A STREET LIGHT BE PROVIDED IN THE CENTER ISLAND AT THE END OF
THE CUL-DE-SAC. ALSO, ADEQUATE STREET LIGHTING AS
DETERMINED BY ELK RIVER MUNICIPAL UTILITIES BE PROVIDED.
8.
STAFF WORK WITH THE DEVELOPER TO MODIFY THE PROPOSED
GRADING ON LOT 1 TO SAVE AS MANY TREES AS POSSIBLE.
9. STAFF RESEARCH ALTERNATIVES TO DEAL WITH THE LONG TERM
MAINTENANCE/OWNERSHIP OF THE LANDSCAPED CENTER ISLAND AT
THE END OF THE CUL-DE-SAC.
10. PRIOR TO THE REVIEW OF THE FINAL PLAT, THE DEVELOPER
CONSIDER SUBDIVIDING THE LANDSCAPED ISLAND PROPERTY INTO
NINE PARCELS WITH OWNERSHIP DIVIDED BETWEEN THE PROPOSED
NINE RESIDENTIAL LOTS.
11. A LANDSCAPE PLAN FOR OUTLOT A MUST BE SUBMITTED FOR STAFF
APPROVAL AND COMPLETED WITHIN TWELVE MONTHS FROM THE
DATE OF FILING THE PLAT.
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