94-121 RES
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RESOLUTION NO. 94.121
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSINGS 2ND 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 July 18, 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 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.
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
Holm~ren
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..dL day of '71~../
,1994
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o/l.i(.;i'.,:y/ .;;./ >/,/{"../ //"';'>~';'H'~,""".~-
Hen~Duitsman, Mayor
CERTIFICATE
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 copy of the resolution as adopted by the City Council of the City of Elk
Riveron71~ d-- I ,1994.
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WITNESS my hand officially as such Clerk and the corporate seal of the
City this if-\ day of ~~ ,1994.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ / day of
~.-, ,1994, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
k~~--I4<y
Notary Public
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@':sSANDRAA.THACKERAY
N~. NOTARY PUBLIC. MINNE. SOTA
*, S~ERBURNE COUNTY
My "omm. Exp. ? 1997
\;/'iN\i~\i~"V';JN"""'''''1f'
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
'--f"1 The foregoing instrument was acknowledged before me this 28tay of
/ /uZJ.t"A-~ , 1994, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
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,6)~ i<~4UJ
Notary Public '
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EXHIBIT A
That part of the Southwest Quarter of the Southwest Quarter of Section 32,
Township 33, Range 26, lying west of the Westerly line of the duly recorded plat
of Country Crossing, said County.
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TOGETHER WITH that part of the Northwest Quarter of said Southwest Quarter
of Section 32 lying south of a line described as Commencing at the Northwest
corner of said plat of COUNTRY CROSSING; thence South 89 degrees 36
minutes 50 seconds West along the South line of said Northwest Quarter of the
Southwest Quarter for a distance of 247.96 feet to the actual Point Of Beginning
of the line to be hereby described; thence northwesterly along a non-tangential
curve, concave to the northeast, radius 251.00 feet, for a central angle of 22
degrees 37 minutes 49 seconds and length 99.14 feet (the chord of said curve
bears North 59 degrees 09 minutes 46 seconds West); thence northwesterly and
westerly along a tangential reverse curve, concave to the southwest, radius
330.00 feet, for a central angle of 42 degrees 45 minutes 00 seconds and length
246.22 feet; thence South 89 degrees 24 minutes 09 seconds West, tangent to
said curve, for a distance of 675.44 feet, more or less, to intersect with the West
line of said Northwest Quarter of the Southwest Quarter and there terminate said
line. For the purposes of this description the South line of said Southwest
Quarter of the Southwest Quarter is assumed to bear North 89 degrees 44
minutes 14 seconds East.
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1. TERRY MAURER'S MEMO DATED JUNE 15, 1994, BE INCORPORATED INTO THE
REVISED PRELIMINARY PLAT AND DEVELOPMENT PLANS.
2. THE PRELIMINARY PLAT WILL BE ALLOWED TO HAVE ONE ACCESS POINT
ONTO COUNTY ROAD NO. 30 AND THAT ACCESS POINT ALIGN WITH
MACON STREET SOUTH OF COUNTY ROAD NO. 30.
3. THE DEVELOPER SUBMIT A PLAN TO THE CITY IDENTIFYING THE LOCATION OF
ALL MAIL BOXES AND DETAIL ILLUSTRATING THE UNIFORM MAIL BOX DESIGN
THAT WILL BE USED THROUGHOUT THE PLAT.
4. THE DEVELOPER PROVIDE A LANDSCAPE PLAN TO THE CITY FOR APPROVAL
ILLUSTRATING BERMING AND LANDSCAPING ALONG COUNTY ROAD NO. 30
AND JOPLIN STREET. SAID PLAN SHOULD CONSIST OF A COMBINATION OF
CONIFERS AND SHRUBS WHICH WILL HELP BUFFER AND PROVIDE AN
AESTHETIC STREET SCAPE.
5. FINAL PLAT INCLUDE A RESTRICTED ACCESS ALONG COUNTY ROAD NO. 30.
6. THE EXISTING HOMESTEAD AND ALL ASSOCIATED OUT BUILDINGS BE
REMOVED FROM THE PROPERTY PRIOR TO RECORDING THE FINAL PLAT.
7. DEVELOPER GRANT THE NECESSARY DRAINAGE AND UTILITY EASEMENTS TO
e FACILITATE THE EXTENSION OF PUBLIC UTILITIES TO SERVE THIS PROPERTY AND
THE WESTERN AREA.
8. A GRADING PLAN BE REVIEWED AND APPROVED BY THE CITY ENGINEER
PRIOR TO COMMENCING GRADING ON SITE.
9. A DEVELOPMENT PLAN BE SUBMITTED ILLUSTRATING TYPES OF HOMES AND
LOWEST FLOOR ELEVATIONS AND BE APPROVED BY THE CITY ENGINEER
PRIOR TO ISSUING BUILDING PERMITS.
10. NECESSARY TRAIL CORRIDORS BE PROVIDED WITHIN THE PLAT AS APPROVED
BY THE CITY COUNCIL.
11. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
12. ONE 2" CALIPER OVERSTORY TREE BE PROVIDED EVERY SIXTY (60) LINEAL FEET
THROUGHOUT THE PROPOSED SUBDIVISION. THESE TREES SHOULD BE
IDENTIFIED ON THE PROPOSED LANDSCAPE PLAN SUBMITTED PRIOR TO
RELEASING THE FINAL PLAT FOR RECORDING.
13. A STORM WATER IMPACT FEE OF S100 PER LOT BE PAID PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
14. PAYMENT FOR SEAL COATING THE STREETS IN THE AMOUNT AS DETERMINED
e BY THE CITY ENGINEER BE PAID PRIOR TO RECORDING THE PLAT.
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15.
A TREE PRESERVATION PLAN BE SUBMITTED IDENTIFYING EXISTING TREES THAT
WILL BE MOVED DURING CONSTRUCTION.
16. OUTLOT A AND THAT PORTION OF OUTLOT B LYING BETWEEN LOT 1, BLOCK 4
AND LOT 12, BLOCK 3 BE ELIMINATED. THIS AREA CAN BE MADE PART OF
ADJACENT LOTS AND HAVE A DRAINAGE AND UTILITY EASEMENT RATHER
THAN THE OUTLOT.
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