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93-072 RES e e e RESOLUTION 93 - 11 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL TO HILLSIDE ESTATES SECOND ADDITION WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08(l)(c) of the Elk River City Code of Ordinance, 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 April 20, 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. 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. e e e 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 p1at is not recorded within that time. The foregoing resolution was introduced by Council Member Scheel and duly seconded by Council Member Farber . The following voted in favor of the Resolution: Councilmembers Scheel, Farber, Dietz and Holmgren The following voted against: The following were absent: Mayor Duitsman Whereupon the resolution is adopted. Passed and adopted this 15th day of November , 1993. ~ ~))~ J n i;. ~z, . e Mayor e e e 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 onn ~~.e>{j /IP , 1993. -<4 ~cA>--<.~ Sandra Thackeray, Ci Clerk STATE OF MINNESOTA SS COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ~ day of ~~ , 1993, by John Dietz, Vice Mayor, City of Elk River, Minnesota. STATE OF MINNESOTA SS COUNTY OF SHERBURNE ~---_/_- ,/;' 'f -i..4( Cy Notary Public (@-SANDRAA.THACKERAY ..~ NOTARY PUBLIC. MINNESOTA ~ _ SHERBURNE COUNTY - - My Comm. Exp. June 17. 1997 ~> The foregoing instrument was acknowledged before me this -LL day 0 f '-{)rux/l'IIoLJ) , 1993, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. -~f Alice Kathryn Heinecke l'lOJAj() PUBLIC - MINNESOTA SHERBURNE COUNTY L~~ C2&~,~~. WfJ/1uh Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (PKB) e e e 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, Minnesota, described as Commencing at the point of intersection of the centerline of Baldwin Street NW with the centerline of 193rd Avenue NW, both as laid out in the duly recorded plat of HILLSIDE ESTATES 1ST ADDITION, said Sherburne County; thence North 60 degrees 08 minutes 30 seconds East along said centerline of 193rd Avenue for a distance of 30.49 feet to intersect the Easterly line of said HILLSIDE ESTATES 1ST ADDITION: thence North 19 degrees 34 minutes 30 seconds West along said Easterly line of HILLSIDE ESTATES 1ST ADDITION for a distance of 35.57 feet to a corner of the boundary of said HILLSIDE ESTATES 1ST ADDITION and the actual Point of Beginning of the land to hereby described; thence North 60 degrees 08 minutes 30 seconds East for a distance of 133.16 feet; thence North 13 degrees 12 minutes 26 seconds West for a distance of 215.38 feet; thence North 0 degrees 15 minutes 20 seconds East for a distance of 272.88 feet, more or less, to intersect the North line of said South 928.55 feet for a distance of 428.91 feet, more or less, to the Northeast corner of Outlot B of said HILLSIDE ESTATES 1ST ADDITION; thence South 15 degrees 21 minutes 11 seconds East along the East line of said Outlot B and along the East line of Block 2 of said plat for a distance of 453.99 feet to the Northeast corner of Lot 26, said Block 2; thence South 20 degrees 10 minutes 40 seconds East along the East line of said Lot 26 for a distance of 186.70 feet to the Southeast corner of said Lot 26; thence northeasterly along the Northerly line of said 193rd Avenue NW for a distance of 195.92 feet to the Point of Beginning. e e e EXHIBIT B 1. Developer provides storm drainage calculations and a storm drainage plan for review and approval by City staff prior to recording the final plat. Developer provide the City with a development plan identifying finished floor elevations, style of homes, and drainage of each lot. This plan should be approved by the City Engineer prior to issuance of any building permits. 2. 3 . A Developer's Agreement be prepared and executed reflecting the developer's responsibility for installation of public improvements and other pertinent stipulations relating to the plat. 4. An easement be provided to the City allowing the construction of a temporary cul-de-sac and sewer and water stubs at the north end of Baldwin Street. 5. PaYffient of park dedication in the amount of $5,200 based on thirteen lots at $400 per lot. 6. A tree protection plan be submitted along with each building permit identifying the location of homes minimizing the loss of trees, trees to be saved, and trees to be removed during construction. 7. Proper disposal of all tree stumps be provided and location be approved by staff. 8. Building setbacks be consistent with the first addition, thirty feet from front property line, ten feet from side property line and rear property line, and a six foot side yard setback for garages. 9. Developer pay fair share of the cost for the long range trunk sewer and water lines as it applies to Hillside Estates 2nd Addition. The cost of these long range facilities will be estimated and payments will be made as lots sell. The money will be placed in an escrow account. The developer will be solely responsible for these paYffients. The estimated cost may be adjusted up or down when the actual assessment amount is known. This will be agreed upon through the Developer's Agreement. 10. A Letter of Credit be provided in an amount estimated by staff to cover the installation of public utilities associated with Hillside Estates 2nd Addition. The Letter of Credit amount may be adjusted quarterly as lots sell and assessments are paid. e e e 11. Developer pay $895 for seal coating of streets within the plat. 12. Developer provide the city with an escrow in the amount of $14,000 to cover the engineering costs for preparation of plans and specifications. 13. Developer install appropriate street light(s) at location(s) as requested by Elk River Utilities.