93-005 RES
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RESOLUTION NO. 93 - ~
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL TO
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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 final 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 $eptemblU 2. 1992; 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
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.
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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 resolution was introduced by Council Member
Dietz
and duly seconded by Council Member
The following voted in favor of the
Farhp-r
Resolution:
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The following voted against:
None
The following were absent:
None
Whereupon the resolution is adopted.
Passed and adopted this ~ day of March
, 199]=.
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nk 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 River on March 1
1993.
WITNESS my had officially as such Clerk and the corporate seal
of the City this 1st day of March , 1993.
~
lerk
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
1st day of March , 1993, by Hank Duitsman, Mayor, City
of Elk River, Minnesota.
~~~~
1 Alice Kathryn Heinecke
, 1'101 AR~ PUBLIC - MINNESOT!>
SHERBURNE COUNTY
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Notary Pub ic
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STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
1st day of March , 1993, by Sandra Thackeray, City
Clerk, City of Elk River, Minnesota.
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~ Alice Kathryn Heinedc:e
~ ~OTARY PUBLIC - MINNESOTA
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Notary Publi
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(PKB)
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PKB:HX8s
EXHIBIT A
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LEGAL DESCRIPTION: Part of the west half of the southeast quarter, Section
27, Township 33, Range 26, Sherburne County, Minnesota.
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EXHIBIT B
1) House setbacks: 30 ft front, 10 ft rear, 10 ft side (house), and 6 ft.
side (attached garage).
2) The plat is contingent on an easement vacation for a portion of 193rd
Avenue.
3) Development plan approved by staff prior to building permit issuance.
4) $3,150 Park Dedication fees.
5) $3,800 per acre trunk sewer and water fee.
6) Developer must preserve trees as much as feasible and all natural
vegetation must be preserved on slope in excess of 30% in the plat.
7) Developer's Agreement being entered into reflecting stipulations of
approval which also acts as a PUD Agreement.