94-078 RES
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RESOLUTION NO. 94 - 78
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL OF
HILLSIDE 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 July 5, 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 Pr~perty;
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.
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 Scheel. The following voted in
favor of the Resolution.
Acting Vice Mayor Dietz, Council Members Holmgren and Scheel
The following voted against the Resolution: None
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The following were absent: Council Member Farber and Mayor Duitsman
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WHEREUPON the resolution is adopted.
Passed and adopted this / 1 day of ~.bL-t.., , 1994
<' I";)
n Dietz, Act" g ~ice Mayor
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 co~ of the resolution as adopted by the City Council of the City of Elk
River on ~1 / V , 1994.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this -.lL day of 1}A.<~4 , 1994.
{I' (
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
j) T.. he foregoing instrument was acknowledged before me this /Y day of
"~ ' 1994, by John Dietz, Acting Vice Mayor, City of Elk River,
. nes. ta.
I
~t?~~~_.
Notary Public t~
(fj/ - SANDRA A. THACKERAY
..~ NOTARY PUBLIC - MINNESOTA
*. SHERBURNE COUNTY
. My Comm. Exp. June 17, 1997
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this IJI' day of
r;l.JLy , 1994, by Sandra Thackeray, City Clerk, City of Elk River,
Innesota.
\~~J>M~;H;:'k;l
NOlAR) .U~lIC - "\INNf$OlA
SHERBURNE COUNTY
My (ommlsSlon expires 8-26-98
i...~."...._.- , ..._..-..._.._""""""~~"'"'"
~1} ~
Notary pu~
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 South 928.55 feet, as measured at right angles, of the Northeast
Quarter of Section 27, Township 33, Range 26, Sherburne County, MN; lying
west of the West line of the duly recorded plat of HILLSIDE ESTATES 1ST
ADDITION, said Sherburne County; lying east of the East line of the right of way
of US Highway 169; an lying north of a line described as follows:
Commencing at the point of intersection of the South line of said Northeast
Quarter with said West line of HILLSIDE ESTATES 1ST ADDITION; thence
north along said West line of HILLSIDE ESTATES 1ST ADDITION for a distance
of 424.09 feet to the actual Point of Beginning of the line to be hereby described;
thence west at right angles for a distance of 285.00 feet; thence south at right
angles for a distance for 10.00 feet; thence west at right angles for a distance of
335.21 feet, more or less, to intersect said East line of the Highway right of way
and there terminate.
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TOGETHER WITH all that part of said Northeast Quarter described as Beginning
at the point of intersection of said East line of the right of way of US Highway
NO.169 with the North line of said South 928.55 feet of the Northeast Quarter;
thence east along said North line of the South 928.55 feet for a distance of
622.36 feet, more or less, to the Northwest corner of said HILLSIDE ESTATES
1 ST ADDITION; thence north along the Northerly extension of the West line of
said HILLSIDE ESTATES 1ST ADDITION for a distance of 50.00 feet; thence
westerly for a distance of 620.19 feet, more or less, to a point on said East line of
the Highway right of way a distance of 100.00 feet north of the point of
beginning; thence south along said Highway right of way to the Point of
Beginning.
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EXHIBIT B
7.
8.
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9.
10.
11.
12.
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1. INCORPORATE TERRY MAURER'S COMMENTS OUTLINED IN HIS MEMO
DATED JUNE 15, 1994.
2. EVANS AVENUE BE CONSTRUCTED TO THE NORTH LIMITS OF THE PLAT.
3. APPROPRIATE EASEMENTS BE INCLUDED ON THE PLAT AS REQUESTED
BY ELK RIVER UTILITIES AND THE CITY ENGINEER.
4. PAYMENT OF PARK DEDICATION BASED ON THE CITY'S COMMERCIAL
RATE AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASE OF
FINAL PLAT.
5. A SIX (6) FOOT WIDE CONCRETE SIDEWALK BE INCLUDED ON THE EAST
SIDE OF EVANS STREET.
6. . A LETTER BE SUBMITTED STATING THE STATUS OF POSSIBLE
WETLAND AREAS ON SITE. THIS LETTER MUST BE SUBMITTED PRIOR
TO RELEASE OF FINAL PLAT.
DEVELOPERS AGREEMENT "BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
PAYMENT OF STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE
BE PAID PRIOR TO RELEASING THE FINAL PLAT.
PAYMENT OF $7,500 FOR DEVELOPERS FAIR SHARE IN THE SIGNAL AT
193RD AND HIGHWAY 169.
PAYMENT IN THE AMOUNT AS DETERMINED BY THE CITY ENGINEER FOR
SEALCOATING EVANS STREET.
THAT A PEDESTRIAN TRAIL SYSTEM BE PROVIDED ON THE NORTH SIDE
OF 193RD AVENUE FROM HIGHWAY 169 TO HILLSIDE ESTATES.
THAT THE $3,800 PER ACRE TRUNK SEWER AND WATER FEE BE PAID.
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