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93-007 RES . . . RESOLUTION NO. 93 - 07 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL TO HERITAGE LANDING 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 January 25. 1993 ; 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. . . . 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. 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 resolution was introduced by Council Member Dietz and duly seconded by Council Member The following voted in favor of the Holmgren Resolution: Mayor Duitsman, Councilmembers, Dietz, Holmgren, Scheel and Farber 2. . . . The following voted against: None The following were absent: None Whereupon the resolution is adopted. Passed and adopted this 3rd day of March , 1993. "" :-u. _ _ , , /t;,'.:---~ - 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 3 1993. WITNESS my had officially as such Clerk and the corporate seal of the City this 3rd day of March , 1993. Sandra Thackeray, City C erk STATE OF MINNESOTA SSe COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this 3rd day of March , 1993, by Hank Duitsman, Mayor, City of Elk River, Minnesota. ~~- -.-----. ~ Alice Kathryn H~;YJ ~ NOTAR~ PlJaLle _ MINNESOTA " M. cO:~:~'~~~:P:~~~:6'98 ~~,'-N~ Notary Public " "~.'........ .-;' '" 3. . . . STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1993, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. )~:K:;;'H~Zl' ~ tiOrAR~ PUBLIC - MINNESOr& .. ~ SHERBURNECOUNT" ., ~....."'~~~=~ THIS INSTRUMENT WAS DRAFTED BY: a~~. tI~ Notary Public LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (PKB) 4. PKB:HX8s . . . EXHIBIT A LEGAL DESCRIPTION: That part of Government Lot 4, Section 5, Township 32, Range 26, Sherburne County, Minnesota lying north of the dUly recorded plat of Palmer's 1st Addition, said Sherburne County, excepting therefrom the two fOllowing described tracts: 1) The west 460.00 feet of the south 378.78 of that part of said Government Lot 4 lying north of said Palmer's 1st Addition. 2) That part of said Government Lot 4 described as beginning at a point on the north line thereof a distance of 370.0 feet east of the northwest corner thereof; thence continue east along said north line for a distance of 380.0 feet; thence south at right angles for a distance of 230.0 feet; thence west parallel with said north line for a distance of 380.0 feet; thence north to the point of beginning. Containing 34.56 acres, more or less , exclusive of said two exceptions. SUbject to that part thereof taken for Joplin Street N. W. over and across the west 33 feet of said Government Lot 4; and for that part thereof taken for County State Aid Highway No. 30, also known as Mississippi Road, along the North line of said Government Lot 4. Also subject to other easements of record, if any. . EXHIBIT B 1. PRELIMINARY PLAT IS CONTINGENT UPON OTHER APPROVALS BEING GRANTED (COUNTY ACCESS PERMIT FOR GARY STREET TO ACCESS COUNTY ROAD 30, AN MPCA PERMIT FOR AN EXTENSION OF SEWER, A DEPARTMENT OF HEALTH PERMIT FOR THE EXTENSION OF WATER, AND DNR APPROVAL OF A STORM HOLDING POND, IF NECESSARY). IMPROVEMENTS PROPOSED TO BE ACCEPTED BY THE CITY ARE SECURED BY A LETTER OF CREDIT FROM THE DEVELOPERS FOR 100% OF THEIR ESTIMATED COSTS OR WHATEVER PERCENTAGE IS CITY POLICY AT TIME OF RECORDING. " L. 3. A DEVELOPERS AGREEMENT IS ENTERED INTO REFLECTING THE STIPULATIONS OF APPROVAL OF THIS PLAT. 4. THE ESTIHATED COST OF THE FIRST SEAL COATING OF ROADS WITHIN THIS PLAT IS PAID TO THE CITY BY THE DEVELOPER PRIOR TO RECORDING THIS PLAT OR ASSESSED ON A LOT BASIS IF CITY POLICY PERMITS. 5. . GLEN SUNDEEN, ELK RIVER MUNICIPAL UTILITIES, DETERMINES THE APPROPRIATE LOCATION OF STREET LIGHTS WITHIN THE PLAT. FURTHER, IT IS THE DEVElo()PER' S RESPONSIBII,ITY TO PAY FOR THE LIGHTS AND THEIR INSTALLATION, AND THE CITY'S RESPONSIBILITY TO PAY FOR THE ELECTRICITY TO RUN THEM. 6. THE DESIGN FOR ALL PUBLIC IMPROVEMENTS WITHIN THE PLAT IS THE RESPONSIBILITY OF THE CITY ENGINEER. 7. LOTS SITUATED ON CUL-DE-SACS WITHIN THE PLAT HAVE COMMON MAIL BOXES. 8. PRIOR TO RECORDING THE PLAT, THE CITY IS IN RECEIPT OF AN EASEMENT TO LOCATE A RETENTION POND WITH ASSOCIATED STORM PIPING ON MR. MOLDENHAUER'S PROPERTY. 9. PRIOR TO BUILDING PERMIT ISSUANCE, THE DEVELOPERS PROVIDE A DEVELOPMENT PLAN ACCEPTABLE TO STAFF. 10. A TEMPORARY TURN AROUND BE ESTABLISHED ON 180TH AVENUE, ON THE EAST SIDE OF THE PLAT. 11. THE DRAINAGE AND UTILITY EASEMENT ON THE SOUTH SIDE OF THE PLAT IS INCREASED TO 10' WIDTH. 12. THE FOLLOWING ROAD NAMES ARE CHANGED ON THE FINAL PLAT: 179th AVENUE TO 179 1/2 AVENUE, 180th AVENUE (CUL-DE-SAC) TO 180 1/2 CIRCLE AND 180th CIRCLE TO 180 1/2 COURT. . 13. LOTS 2, 4, AND 14, BLOCK 1 AND LOTS 3, 5, AND 7, BLOCK 2 . . . 14. BE ALLOWED BUILDING PERMITS ONCE THE PLAT IS RECORDED AND A DEVELOPMENT PLANT IS APPROVED. PARK DEDICATION FEES AT $400 PER LOT FOR THE 76 NEWLY CREATED LOTS ($30,400) MINUS THE DOLLAR AMOUNT CREDITED FOR LAND DEDICATED AS TRAIL (AMOUNT DETERMINED BY CITY COUNCIL) IS PAID TO THE CITY PRIOR TO RECORDING THE PLAT OR WHEN CURRENT CITY POLICY DICTATES. FURTHER, THE TRAIL IS TO BE GRADED AT TIME OF CONSTRUCTION OF IMPROVEMENTS IN THE PLAT BUT HARDSURFACING OF THE TRAIL IS TO BE ACCOMPLISHED BY THE CITY AT A FUTURE TIME. LASTLY, THAT A TRAIL ALONG 180th AVENUE IS NOT CONSTRUCTED AT THIS TIME.