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94-087 RES e RESOLUTION NO. 94 - ~ CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: HALS 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 June 6, 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. e C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and e 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 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. e 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 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 e The following were absent: None Page 2 tit WHEREUPON the resolution is adopted. t, )'I en CERTIFICATE ,1994 Passed and adopted this /5 day of 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 co~eSOIUtiOn as adopted by the City Council of the City of Elk River on I~, 1994. WITNESS my hand officially as such Clerk and the corporate seal of the City this ---LL day of ~~_::f , 1994. e -.d..~~~ Sandra Thackeray, City Clerk STATE OF MINNESOTA 55. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ~day of ~~h ..-" ,1994, by Henry Duitsman, Mayor, City of Elk River, Minn sota. ~~.R_4~ Notary Public (@'-SANDRAA.THACKERAV " 'IP." NOTARY PUBLIC. MINNESOTA SHERBURNE COUNTY ~ .. My Comm. Exp. June 11. 1997 e Page 3 e STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this /5 day of ~r , 1994, by Sandra Thackeray, City Clerk, City of Elk River, Min esota. ~---~-~~~~ .~~ - - - - Alice Kathryn Heinecke 1 NOT A~) ~U.tLlC - MINNESOTA .. SHERaURNE COUNTY '; My commts~.~ ~X!:.~!-~6!~ I-"'~'''~''-'''- - - - - - - -- .~~~~ '- Notary Public . THIS INSTRUMENT WAS DRAFTED BY: e LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 e Page 4 EXHIBIT A KNOW ALL MEN BY THESE PRESENTS: That the City of Elk River. 0 Minnesota Municipal Corporation. fee owner, and that Glacier Pork Company, 0 Delaware Corporation. fee owner of the ,following described property situated in the County of Sherburne, Slate of Minnesota to wit: e e e That port of Government Lot 2, Section .34. Township 3.3, Range 26, Sherburne County Minnesota, lying southeasterly of the Southerly extension of the West line of Block 11 af the duly recorded plat of the VILLAGE Of ELK RIVER. said Sherburne County; lying Southerly of 0 line 100.00 feet Northeasterly of, os measured at right angles to, the "Original Main Track Centerline" to be hereinafter redescribed; lying Northerly of 0 line 40.80 feet Northeasterly of. os measured at right angles ta. said "Original Main Track Centerline". to be hereinafter redescribed; and lying Westerly of 0 line radial to said "Original. Main Track Centerline" to be hereinafter redescribed from 0 point on said centerline 0 distance of 228.53 teet (central angle 3 degrees. 25. minutes 40 seconds) Southeasterly of Point "S" to be hereinafter described os measured along said curve of radius 3,819,83 teet to be hereinafter described. Said "Original Main Track Centerline" being described os. follows: Railroad's "ORIGINAL MAIN TRACK CENTERLINE DESCRIPTION": Commencing at the Southeast corner at Block 19 on the original plotted mop of Elk River, Minnesota; thence Southerly along the East line extended of said Block 19 0 distance of 450.90 feet to the True Point of Beginning .of the Main Track centerline to be described: said point being a point of tangency on 0 portion of 0 01 degree .30 minute convex curve to the right (delta = 29 degrees 44 minutes). '~aid' portion having 0 delt6 angle of 07 degrees 54 minutes 18 seconds, 0 tangent of 263.92 feet and 0 radius of .3,819.72 feet; thence . Northwesterly to the point of tangency, making on angle of 54 degrees 39 minutes, os measured from Narth to West along said curve, 0 distance of 527.00 feet; thence Northwesterly along 0 tangent to said curve 0 distance of 626.8 feet to the beginning of 0 01 degree 00 minute curve to the right (delta = 15 degrees 24 minutes); thence along said curve o distance of 1,540.00 feet; thence Northwesterly along the tangent to said curve 0 distance of 900.00 feet and there terminating. SAID "Original Main Track Centerline- BEING REDESCRIBED AS FOLLOWS: Commencing at the Northwest corner of the Southwest Quarter of said Section .34; thence South 00 degrees 02 minutes 28 seconds West, assumed basis of bearings, along the West line of said Southwest Quarter for a distance of 51.25 feet to intersect the tangent to the Centerline Original Main Track of the Great Northern Railway Company (now Burlington Northern Railroad Company); thence North 48 degrees .33 minutes 54 seconds West along said tangent for 0 distance of 1,085.01 feet to the actual Paint of Beginning of the centerline to be hereby described, being the point of termination of the above described "Original Main Track Centerline-; thence return South 48 degrees .'3.3 minutes 54 seconds East along said Main Track Centerline for 900.00 feet; thence continue Southeasterly along said Main Track Centerline being a tangential curve concave to the North, radius 5,729.58 feet (0 01 degree curve), for a central angle of 15 degrees 24 minutes 00 seconds, length 1,540.00 feet, and tangent 774.67 feet, to a point to be hereafter known os Point" A"; thence South 63 degrees 57 minutes 54 seconds East olang said Main Track Centerline for a distance of 625.05 feet to a point to be hereafter known as Point "B"; thence continue Southeasterly along said Main Track Centerline being a tangential curve concave to the Southwest, radius 3,819.83 feet (01 degree 30. minute curve), for 0 central angle of 07 degrees 53 minutes 31 seconds and length 525.71 feet (sub-tangent of 263.49 feet) to intersect with and terminate said Centerline at the Southerly extension of the East line of Block 19, of the duly recorded plat of VILLAGE OF ELK RIVER, said point of termination also being 0 distance of 451.68 feet, more or less, South of the Southeast corner of said Block 19 os measured along said Southerly extension. Reserving unto the railroad on easement for crossing gate cantrol box purposes over, across. and under the Southerly 14 teet of the Westerly 22 feet, os measured along the Westerly and Southerly lines respectively of said property. Also that part of Government Lots 1 and 2. Section 34, Township .33, Range 26, Sherburne County, Minnesota. lying Westerly of the Northerly extension of the East line of Block 2 of the duly recorded plot of the VILLAGE OF ELK RIVER, said Sherburne County; lying Southerly of 0 line 100.00 feet Northeasterly of, os measured at right angles to, the "Original Main Track Centerline" to be hereinafter redescribed; lying Northerly of a line 40.80 feet Northeasterly of, os measured at right angles to, said "Original Main Track Centerline" to be hereinafter redescribed; and lying Easterly of a line radial to said "Original Main Track Centerline" to be hereinafter redescribed from a point on said Centerline 0 distance of 39.17 feet (central angle 00 degrees 23 minutes 30 seconds) Northwesterly of Point "A 8 to be hereinafter described as measured alang said curve of radius 5,729.58 feet ta be hereinafter described. Said "Original Main Track Centerline" being de'scribed os follows: PAGE 1 OF 4 Railroad's "ORIGINAL MAIN TRACK CENTERLINE DESCRIPTION": e Commencing at the Southeast corner of Block 19 on the original plotted mop of Elk River, Minnesota; thence Southerly along the East line extended of said Block 19 0 distance of 450.90 feet to the True Point of Beginning of the Main Track centerline to be described, said point being 0 point of tangency on 0 portion of a 01 degree 30 minute convex curve to the right (delta = 29 degrees 44 minutes), said portion having 0 delta angle of 07 degrees 54 minutes 18 seconds, 0 tangent of 263.92 feet and 0 radius of 3,819.72 feet; thence Northwesterly to the point of tangency. making on angle of 54 degrees .39 minutes, os measured from North to West along said curve. a distance of 527.00 feet; thence Northwesterly along a tangent to said curve a distance of 626.8 feet to the beginning of 0 01 degree 00 minute curve to the right (delta = 15 degrees 24 minutes); thence along said curve 0 distance of 1,540.00 feet; thence Northwesterly along the tangent to said curve a distance of 900.00 feet and there terminating. SAID "Original Main Track Centerline" BEING REDESCRIBED AS FOLLOWS: Commencing at the Northwest corner of the Southwest Quarter of said Section 34; thence 00 degrees 02 minutes 28 seconds West, assumed basis of bearings, along the West line of said Southwest Quarter for a distance of 51.25 feet to intersect the tangent to the Centerline Original Main Track of the Great Northern Railway Company (now Burlington Northern Railroad Company); thence North 48 degrees 3.3 minutes 54 seconds West along said tangent for 0 distance of 1,085.01 feet to the actuo! Point of Beginning of the centerline to be hereby described, being the point. of termination, of the above described "Original Main Track Centerline"; thence return South 48 degrees 33 minutes 54 seconds East along said Main Track Centerline for 900.00 feet; thence continue Southeasterly along said Main Track Centerline being 0 tangential curve concave to the North, radius 5,729.58 feet (a 01 degree curve),. for a central al)gle of 15 degrees 24 . .minut,es 00 seconds, length 1.540.00 feet. and tangent 774.67 feet, to 0 point to be hereafter known os Point "A"; thence South 63 degrees 57 minutes 54 seconds East along said Main Track Centerline for 0 distance of 625.05 feet to 0 point to be hereafter known os Point "8"; th~nce continue Southeasterly along said Main Track Centerline being a tangential curve con'cave to the Southwest, radius 3.819.83 feet (01 degree 30 minute curve), for Q central angle of 07 degrees 53 minutes 31. seconds and length 525.71 feet (sub-tangent of 263.49 feet) to ,intersect with and terminate said Centerline at the Southerly extension of the East line of Block 19, of the 'duly, recorded plot of VILLAGE OF ELK RIVER, said point of termination also being 0 distance of 451.68 feet, more or less, South of the Southeast corner of said Block 19 os measured along said Southerly extension. e TOGETHER WITH that part of said Government Lot 1 desc~ibed os commen~ing at the point of intersection of said Northerly extension of. the East line of .Block 2 of the duly recorded p.Jat of the VILLAGE OF ELK RIVER with said line 40.80 feet Northeasterly of, os measured at right angles to, said "Original Main Track Center~ine"; thence North 62 degrees 54 minutes 55 seconds West along said line 40.80 feet Northeasterly of said "Original Main Track Centerline" 'for 0 distan'ce of 25.05 feet to the actual Point of Beginning of the land to be hereby described; thence South 26 degrees 43 minutes 00 seconds West for 0 distance of 3.64 feet; thence North 63 degrees 17 minutes 00 seconds West for 0 distance of 136.11 feet; thence North 26 degrees 43 minutes 00 seconds East for a distance of 4.53 feet to intersect said line 40.80 feet Northeasterly of said "Original Main Track Centerline"; thence South 62 degrees 54 minutes 55 seconds East along said line 40.80 feet Northeasterly of said "Original Main Track Centerline" fora distance of 1.36.12 feet to said Point of Beginning. Subject to that part thereof now used os "Railroad Drive". Also subject to that port thereof used for a pedestrian way (sidewalk) over and across the Easterly 2.00 feet thereof, os measured at right angles to,. the Easterly line thereof being said Northerly extension of the East line of Block 2 of the duly recorded plot of the VILLAGE OF ELK RIVER. Also that port of Government Lot 1, Section 34, Township 3.3, Range 26, Sherburne County, Minnesota; lying Southerly of 0 line 100.00 feet Northeasterly of, as measured at right angles to. the "Original Main Track Centerline" to be hereinafter redescribed; lying Northerly of 0 line 40.80 feet Northeasterly of, os measured at right angles to, said "Original Main Track Centerline" to be hereinafter redescribed; lying Westerly of a line radio! to said "Original Main Track Centerline" to be hereinafter redescribed from 0 point on said Centerline 0 distance of 39.17 feet (central angle 00 degrees 23 minutes 30 seconds) Northwesterly of Point "A" to be hereinafter described as measured along said curve of radius 5,729.58 feet to be hereinafter described; and lying Easterly of 0 line radial to said "Original Main Track Centerline" to be hereinafter redescribed from 0 point on said Centerline 0 distance of 581.52 feet (central angle 05 degrees 48 minutes 55 seconds) Northwesterly of Point "A" to be hereinafter described os measured along said curve of radius 5,729.58 feet to be hereinafter described. aOid "Original Main Track Centerline" being described os follows: PAGE 2 OF 4 Railroad's "ORIGINAL MAIN TRACK CENTERLINE DESCRIPTION": e Commencing at the Southeast corner of Block 19 on the original plat ted mop of Elk River, Minnesoto; thence Southerly along the East line extended of said Block 19 a distance of 450.90 feet to the True Point of Beginning of the Main Track centerline to be described, said point being 0 point of tangency on 0 portion of 0 01 degree 30 minute convex curve to the right (delta = 29 degrees 44 minutes), said portion having 0 delta angle of 07 degrees 54 minutes 18 seconds, 0 tongent of 263.92 feet and 0 radius of 3,819.72 feet; thence Northwesterly to the point of tangency, making an angle of 54 degrees 39 minutes, os measured from North to West along said curve, 0 distance of 527.00 feet; thence Northwesterly along 0 tangent to said curve 0 distance of 646.8 feet to the beginning of a 01 degree 00 minute curve to the right (delta = 15 degrees 24 minutes); thence along said Curve o distance of 1.540.00 feet; thence Northwesterly olong the tangent to said curve 0 distance of 900.00 feet and there terminating. SAID "Original Moin Track Centerline" BEING REDESCRIBED AS FOLLOWS: e Commencing at the Northwest corner of the Southwest Quarter of said Section 34; thence South 00 degrees 02 minutes 28. seconds West, assumed basis of bearings, along the West line 'of said Southwest Quarter for a distance of 51.25 feet to intersect th'e tangent' to the Centerline Original Main Track of the Great Northern Railway Company (now Burlington Northern Railroad Company); thence North 48 degrees 33 minutes 54 seconds West along said tangent for a distance of 1,085.01 feet to the actual Point of Beginning of the centerline to be hereby described, being the point of termination of the above described ",Original Main' Track Centerline"; thence return South 48 degrees 33 minutes 54 seconds East along' said Main Track Centerline for 900.00 feet; thence continue Southeasterly along said Main Track Centerline being a tangential curve concave to the North, radius 5,729.58 feet (0 01 degree curve), for 0 central angle of 15 degrees 24 minutes 00 seconds, length 1,540.00 feet, and tangent 774.67 feet, to a point to be hereafter known os Point "A"; thence South 63 degrees 57 minutes 54 Seconds East along said Main Track Centerline for a distance of 625.05 feet to 0 point to be hereafter known as Point "B"; thence continue Southeasterly along said Main Track Centerline being a tangential curve concaVe to the Southwest, radius 3,819.83 feet (01 degree 30 minute curve), tor a central angle of 07 degrees 53 minutes 31 seconds and length 525.71 teet (sub-tangent of 263.49 feet) to intersect with and terminate said Centerline at the Southerly extension of the East line of Block 19, of the duly recorded plat of VILLAGE OF ELK RIVER, said point of termination also being 0 distance of 451.68 feet, more or less, South of the Southeast corner of said Block 19 as measured along said Southerly extension. Sub ject to that port thereof now used as "Railroad Drive". Also that part of Government Lots 1 and 2, Section 34, Township 33, Range 26, Sherburne County, Minnesota, lying Westerly of the Northerly extension of the East line of Block 2 of the duly recorded plat of the VILLAGE OF ELK RIVER, said Sherburne County. lying Northerly of 0 line 60.00 feet Southwesterly of, as measured at right angles to, the "Original Main Track Centerline" to be hereinafter redescribed; lying Southerly at a line 35.80 feet Southwesterly at, as measured at right angles to, said "Original Main Track Centerline" to be hereinafter redescribed; and lying easterly of a line radial to said "Original Main Track Centerline" to be hereinafter redescribed from 0 point on said Centerline 0 distance of 581.52 feet (central angle 05 degrees 48 minutes 55 seconds) Northwesterly of Point "A" to be hereinafter described at measured along said curve of radius 5,729.58 feet to be hereinafter described. Said "Original Main Track Centerline" being described as follows: Railroad's "ORIGINAL MAIN TRACK CENTERLINE DESCRIPTION": Commencing at the Southeast corner of Block 19 on the original plotted mop of Elk River, Minnesota; thence Southerly along the East line extended of said Block 19 a distance of 450.90 feet to the True Point of Beginning of the Main Track centerline to be described, said point being a point of tangency on a portion of a 01 degree 30 minute convex curve to the right (delta =- 29 degrees 44 minutes), said portion having a delta angle at 07 degrees 54 minutes 18 seconds, 0 tangent of 263.92 feet and 0 radius of 3,819.72 feet; thence Northwesterly to the point af tangency, making an angle of 54 degrees .39 minutes, os measured from North to West along said curve, a distance of 527.00 feet; thence Northwesterly along 0 tangent to said curve a distanCe of 626.8 feet to the beginning of 0 01 degree 00 minute curve to the right (delta = 15 degrees 24 minutes); thence along said curve o distance of 1,540.00 feet: thence Northwesterly along the tangent to said curve 0 distance of 900.00 feet and there terminating. e SAID "Original Main Track Centerline" BEING REDESCRIBED AS FOLLOWS: PAGE 3 OF 4 Commencing at the Northwest corner of the Southwest Quarter of said Section .34: thence South 00 degrees 02 minutes 28 seconds West, assumed basis of bearings, along the West line of said Southwest Quarter for a distance of 51.25 feet to intersect the tangent to the aenterline Original Main Track of the Great Northern Railway Company (now Burlington .orthern Railroad Company); thence North 48 degrees .3.3 minutes 54 seconds West along said tangent for a distonce of 1,085.01 feet to the actual Point of Beginning of the centerline to be hereby described, being the point of termination of the above described "Original Main Track Centerline~; thence return South 48 degrees .33 minutes 54 seconds East along said Main Track' Centerline for 900.00 feet: thence continue Sautheasterly along said Main Track Centerline being a tangential curve concave to the North, radius 5,729.58 feet (a 01 degree curve), for a central angle of 15 degrees 24 minutes 00 seconds, length 1,540.00 feet, and tangent 774.67 feet, to a point to be hereafter known as Point -A"; thence South 63 degrees 57 minutes 54 seconds Eost along said Main Track Centerline for a distance of 625.05 feet to a point to be hereafter known os Point -B~; thence continue Southeasterly along said Main Track Centerline being a tangential curve concave to the Southwest, radius 3,819.83 feet (01 degree 30 minute curve), for a central angle of 07 degrees 53 minutes 31 seconds and length 525.71 feet (sub-tangent of 263.49 feet) to intersect with and terminate said Centerline at the Southerly extension of the East line of Block 19, of the duly recorded plot of VILLAGE OF ELK RIVER, said point of termination also being 0 distance of 451.68 feet, more or less, South of the Southeast corner of said Block 19 os measured along said Southerly extension. e PAGE 4 OF 4 . e e EXHIBIT B 1. FINAL PLAT BE PREPARED IN ACCORDANCE WITH THE PRELIMINARY PLAT AND SUBMITTED TO THE CITY COUNCIL FOR APPROVAL PRIOR TO RECORDING WITH SHERBURNE COUNTY. THE OUTDOOR STORAGE ALONG RAILROAD DRIVE FOR RIVERV ALLEY LIMBER BE LOCATED ON OUTLOT A AND BE SCREENED FROM VIEW FROM HIGHWAY 10. THE STORAGE SHED ON OUTLOT A EITHER BE REMOVED FROM THE .SITE OR. PLACED TOTALLY WITHIN THE BOUNDARIES OF OUTLOT A. 2. 3.