97-088 RES RESOLUTION NO. 97 - 88
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HILLSIDE CROSSING SOUTH TWO
Case No. P 97-7
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 May 19, 1997; 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:
It is hereby determined by the City Council for the City of Elk River as
follows:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with ail of its requirements.
Bo
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.
Do
Eo
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.
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.
The proposed subdivision will not cause substantial environmental
damage.
Fo
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
Go
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
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.
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.
This final plat approval shall expire one year from the date of this
resolution if the final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member
Farber and duly seconded by Council Member
T~ompson The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Thompson, Farber and Holmgren
The following voted against the Resolution:
Councilmember Dietz
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this ~ day of ~~-~--------~ ,1997.
/l-I'en~' D[litsman, 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 >J~_/.~,~.~..t_ .~ , 1997.
WITNESS my han~! offi.cially as such Clerk and the corporate seal of the
City this ~ day of~~ ,1997.
Sandra Thackeray, City Cler~
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
%,~_~.~The foregoing instrument was acknowledged before me this ~ day of
./'~,~ , 1997, by Henry Duitsman, Mayor, City of Elk River,
~l-in~nesota.
N. ICE It HEINECKE
NOT~Y PUBUC-MINNESOTA
SH~gURNE COUNTY
~ Expir~ MyC0mmisJcn ExpiresOan. 31,2000~
~'~otary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
...,~,~ .The foregoing instrument was acknowledged before me this ~
~.¢~_J_-~.~ , 1997, by Sandra Thackeray, City Clerk, City of Elk
Minnesota.
.. day of
River,
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
Outlot A, Hillside Crossing South, Sherburne County, Minnesota, according to
the recorded plat thereof.
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EXHIBIT B
o
o
o
A DEVELOPER'S AGREEMENT BE PREPARED OUTLINING THE CONDITIONS OF PLAT
APPROVAL AND PUBLIC IMPROVEMENTS.
PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE MADE PRIOR TO RELEASING THE PLAT FOR RECORDING.
PAYMENT OF THE SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT BE MADE PRIOR TO RECORDING THE PLAT WITH
THE COUNTY.
PAYMENT OF THE WATER AVAILABILITY CHARGE BE MADE TO ELK RIVER MUNICIPAL
UTILITIES PRIOR TO RECORDING THE PLAT WITH THE COUNTY.
THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT TO
REFLECT THE DRAINAGE AND UTILITY NEEDS TO ACCOMPLISH FUTURE DEVELOPMENT
OF THE SITE. THIS ALSO INCLUDES AN EASEMENT BASED ON THE ULTIMATE (POST
DEVELOPMENT) ORDINARY HIGH WATER LEVEL OF THE WETLAND COMPLEX TO THE
SOUTH AND EAST.
STORM DRAINAGE CALCULATIONS BE PROVIDED TO THE CITY ENGINEER FOR REVIEW
AND APPROVAL PRIOR TO FINAL PLAT BEING RECORDED WITH SHERBURNE COUNTY.
THE WATERMAIN BE EXTENDED THROUGH THE PLAT FROM EVANS TO 173RD AVENUE.
THIS IMPROVEMENT WILL BE A PUBLIC UTILITY; THEREFORE, PLANS MUST BE REVIEWED
BY THE CITY ENGINEER AND IMPROVEMENTS INSPECTED BY THE CITY.
A SIX FOOT WIDE SIDEWALK BE INSTALLED CONNECTING THE OFFICE DEVELOPMENT
WITH HILLSIDE CROSSING SHOPPING CENTER.
THAT THE ROAD AND PARKING LOT BE NO CLOSER THAN 50 FEET FROM THE EAST
PROPERTY LINE.
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