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97-110 RESRESOLUTION NO. 97 - 11 ~ CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Hillside Crossing Four Case No. P 97-13 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. 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 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. Eo 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 Ho lmgren The following voted in favor of the Resolution. Mayor Duitsman Council Members: Farber, Holmgren, Dietz, and Thompson The following voted against the Resolution: None The ~llowing we~ absent: None \\elkriver\sys\shrdoc\document\resoluti\p97-13.doc WHEREUPON the resolution is adopted. Passed and adopted this,~,~ ~ay of ~~ , 1997. Henry~uit~man, 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 certi~ that the above resolution is a true and correct copy,-pf the resolution as adopted by the City Council of the City of Elk Riveron ('~"~ ~ , 1997. WITNESS my hand~o~as such Clerk and the corporate seal of the City this,~O ~ay of~'~.-/~ ,1997. "Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE .foregoinginstrument before this ~0 day of acknowledged was me , 1997, by Henry Duitsman, Mayor, City of Elk River, Minnesota. Notary Public \\elkriver\sys\shrdoc\document\resoluti\p9 7-13. doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE (~..~(. The foregoing instrument was acknowledged before me this ,~ day of ;~-(?-..,t , 1997, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. o SH~BURNE C0ONT~ ~ , ~ M Comm ~p~resJan. 31,20~O ~'~ Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 \\elkriver\sys\shrdoc\document\resoluti\p97-13.doc EXHIBIT A Outlot B, Hillside Crossing Two, Sherburne County, Minnesota. \\elkriver\sys\shrdoc\document\resoluti\p97-13.doc EXHIBIT B o 10. A $0' NO-CUT STRIP BE INCLUDED ON LOT 1 AND INCORPORATED AS PART OF THE DEVELOPMENT OF LOT 1. THE NO-CUT STRIP SHOULD BE INCLUDED AS A DEED RESTRICTION OR COVENANT ON LOT 1. A SEALCOATING FEE APPLIED TO 196TH AVENUE IN THE AMOUNT OF $750 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED, OUTLINING THE NECESSARY IMPROVEMENTS. 196TH AVENUE BE CONSTRUCTED FROM EVANS STREET TO THE EASTERN LIMITS OF THE MENARDS SITE. THE STREET SHALL ALSO INCLUDE A SIDEWALK ALONG THE NORTH SIDE OF 196TH AVENUE. ADDITIONAL EASEMENTS SHOULD BE IDENTIFIED ON THE PLAT TO ACCOMMODATE FUTURE HYDRANT LOCATIONS. LOTS 1 AND 2 SHOULD BE GRADED ACCORDING TO THE APPROVED GRADING PLAN. SOME TOPSOIL AND SEED SHALL BE ESTABLISHED TO PREVENT EROSION. A $0' TRAIL EASEMENT BE GRANTED ALONG THE NORTH LIMITS OF LOT 1 CONSISTENT WITH THE 50' NO-CUT ZONE. DEPENDING UPON THE TYPE OF DEVELOPMENT THAT OCCURS ON LOT 1, ACCESS MAY BE RESTRICTED FROM EVANS STREET AND LIMITED TO 196'tH AVENUE. s:\document\resoluti\p97-13.doc