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RES 21-63City of Elk River City Council Resolution 21-63 A Resolution of the City Council of the City of Elk River Granting Final Plat Approval for Broadway on 10, Case No. P 2 1 -05 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 July 6, 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. D Y E 1 E I I f NATURE 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. 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. Passed and adopted this 20r' day of September 2021. J Wieayor ATTEST: Tina Allard, City Clerk F U W E R E 1 8 i NATURE EXHIBIT A LEGAL DESCRIPTION Outlot A, WEST OAKS, Sherburne County, Minnesota Oudot A, HERITAGE MAPLES SENIOR LIVING, Sherburne County, Minnesota IIIEAEI I1 NATUR EXHIBIT B CONDITIONS OF APPROVAL 1. Satisfaction of all requirements for approval of the preliminary plat and associated conditional use permit (CU 21-10). 2. Approval of all permits regarding wetland impacts and mitigation. 3. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 4. Park Dedication shall be paid in the amount required by the city when the final plat is released for recording). 5. Water Availability Charge shall be paid in the amount required by the city when the final plat is released for recording. 6. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 7. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the Public Works Director must be secured. 8. The Development Plan shall be approved by the public works director prior to issuance of building permits. 9. Staff approval of all plans prior to releasing the plat for recording. 10. All mailboxes shall be clustered. 11. Any item or condition found that indicates the site is likely to yield information important to pre -history 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. NATURE