RES 21-42City of Elk River
Ver City Council
Resolution 21-42
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Majestic Oaks, Case No. P 21-04
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
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, a preliminary plat of the Property was approved by the City Council on June
7, 2021; 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, Minnesota, as follows:
A. The proposed subdivision is consistent with the Chapter of 30 of the City
Code of Ordinances 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 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.
P o i E 8 E 1 e r
NATUR
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.
The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B axe 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.
This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 21" day of June 2021.
ATTEST:
Tina Allard, City Clerk
J n Die ,Mayor
[NATURE]
Q
EXHIBIT A
LEGAL DESCRIPTION
Those parts of Section 17, Township 33, Range 26, Sherburne County, Minnesota described
as follows:
That part of the Northwest Quarter of the Southeast Quarter lying West of the County
Ditch;
The Northeast Quarter of the Southwest Quarter except the West 600 feet thereof;
That part of the Southwest Quarter of the Southeast Quarter lying West of the County Ditch
and North of the following described line: Commencing at the Southeast corner of the
SE1 /4 of the SW1 /4 of Section 17; thence West on the South line thereof 372.46 feet;
thence North 5°03' West a distance of 1044.82 feet; thence North 250 feet to a point
hereinafter referred to as Point "A"; thence East parallel with the North line of said SE1 /4
of the SW1/4 to the West line of said SW1/4 of the SE1/4 and the point of beginning of
the line to be described; thence continue on -the last named course to an intersection with the
center line of said County Ditch and there terminating;
That part of the Southeast Quarter of the Southwest except the West 600 feet thereof lying
North of a line through the aforesaid Point "A" parallel with the North line of said said
SE1 /4 of the SW1/4 and A strip of land 66 feet wide over and across the West 600 feet of
the E1 /2 of the SW1/4, the Southerly line of which is a line through the aforesaid Point "A"
parallel with the North line of the SE1 /4 of the SW1 /4.
AND
The West 600.00 feet of the Northeast Quarter of the Southwest Quarter of Section 17,
Township 33, Range 26, in Sherburne County, Minnesota, Except that part that lies
Southwesterly of the Northeasterly right-of-way line of County State Aid Road No. 1, and
except that part that lies South of the following described line:
Commencing at the Southeast corner of the Southeast Quarter of the Southwest Quarter of
said Section 17; thence West on the South line thereof 372.46 feet; thence North 5 degrees
03 minutes West a distance of 1044.82 feet; thence North 316.00 feet; thence West parallel
with the South line of said Northeast Quarter of the Southwest Quarter to a point that is
600.00 feet East of the West line of said Northeast Quarter of the Southwest Quarter; which
point is the point of beginning of the line to be described; thence West parallel with said
South line to an intersection with the Northeasterly right-of-way line of said County State
Road No. 1, and there terminating.
EXCEPT the plat of LUNDBERG ADDITION, Sherburne County, Minnesota.
C
ONCAEI a
ATURE
EXHIBIT B
CONDITIONS OF APPROVAL
1. A Development Agreement must be signed by the city and developer prior to
releasing the final plat for recording.
2. Park dedication be paid for the final number of dwelling units, at the applicable rate
when the subdivision is released for recording.
3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs
of the public improvements.
4. Upon completion of all improvements and acceptance by the city, a security or
warranty in a form acceptable to the city engineer must be secured.
5. Development Plan shall be approved by the city engineer prior to issuance of
building permits.
6. Staff approval of all updated site and engineering plans.
7. Any item or condition found that indicates the site is likely to yield information
important to prehistory or history shall be reported to the city immediately. Further,
the city reserves the right to stop work authorized in its approval until the site is
appropriately investigated and work is authorized.
P 0 K t R E m 9 V
AURE