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97-109 RES RESOLUTION NO. 97 - 109 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Hillside Crossing Five Case No. P 97-14 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 October 20, 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: The proposed subdivision is consistent with the Zoning Ordinance and conforms with all 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. Co The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and o o siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. Do 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 Farber Thomn~on resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. Mayor Duitsman Council Members: Farber, Thompson, Dietz, and Holmgren Thefollowing voted againstthe Resolution: None Thefollowing were absent: None frm-flpt Page 2 WHEREUPON the resolution is adopted. Passed and adopted this,~ ~dayof //~~-t~ ,1997. //~bn7 D~itsma'n-, 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 cop~y~ o~f the resolution as adopted by the City Council of the City of Elk River on (~T~~ ~- D , 1997. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ ~day of _/"~C~ ,1997. -Sar~d ra Thackera~ STATE OF MINNESOTA SS. COUNTY OF SHERBURNE oregoing instrument was acknowledged before me this ~ day of , 1997, by Henry Duitsman, Mayor, City of Elk River, Minnesota. ~;ALICE K. HEINECKE ' --~ ~:~, ~.~ My C0[nm. Expires J~n. 31.20;~0 otary Public frm-flpt Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE (,~.~The foregoing instrument was acknowledged before me this ~ day of _~..,'/_. , 1997, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. ~! /'.'~ ~ NOTARY PUBUC.-MI NNESOTA ~ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 /rm-flpt Page 4 EXHIBIT A Outlot A, Hillside Crossing Two, Sherburne County, Minnesota. frm-flpt Page 5 EXHIBIT B THE APPROPRIATE EASEMENTS BE INCLUDED ON THE PLAT TO COVER ANY EXISTING OR PROPOSED UTILITIES. THE PROPOSED DIMENSIONS ON LOT 1 COINCIDE WITH THE APPROVED SITE PLAN FOR THE PROPOSED CULVERS RESTAURANT. ANY AREAS DISTURBED AS A RESULT OF THE CONSTRUCTION ON LOT 1 BE SODDED/SEEDED AND EROSION CONTROL BE INSTALLED. PARK DEDICATION BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. THIS PAYMENT MUST BE MADE PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR RECORDING. frm-flpt Page 6