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97-111 RES RESOLUTION NO. 97 - 111 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Country Crossing Fourth Addition Case No. P 97-16 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 July 15, 1996; 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 o 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. 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 Father and duly seconded by Council Member Holmgren The following voted in favor of the Resolution. Mayor Hank Duitsman Council Members: Farber, Holmgren, Dietz, and Thompson The following voted against the Resolution: None The following were absent: None s:\document\resoluti\p97-16.doc Page 2 WHEREUPON the resolution is adopted. Passed and adopted this ~O ~ dayof ,1997. ,,,!/ ., / ?~/.,/,:,/' ,/.. j ,,f_,.,,,fa,~.~-_ _..-.-- ,Henry,'Du'its'rnan, '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~v.]of the resolution as adopted by the City Council of the City of Elk Riveron,/~ ~ , 1997. WITNESS my ha~d~~s such Clerk and the corporate seal of the City this~t~ ~:lay of~/'[~'~ ,1997. Sandra Thackeray, City Clerk.J STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this c~°,O day of ~ , 1997, by Henry Duitsman, Mayor, City of Elk River, Minnesota. Notary Public s:\document\resoluti\p97-1G.doc 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. ALICE K. HEINECKE NOTARY PUBLIC-MINNESOTA SHERBURNE COUNI'Y My Comm. Expires Jari. 3i, 2000 Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 s:\document\resoluti\p97-16.doc Page 4 EXHIBIT A Outlot A and B, Country Crossing 3"~ Addition, Sherburne County, Minnesota s:\document\resoluti\p97-16.doc Page 5 o o EXHIBIT B A DEVELOPER'S AGREEMENT BE COMPLETED AND REC:ORDED PRIOR TO COMMENCING CONSTRUCTION ON SITE. THE FINAL PLAT BE RECORDED WITH SHERBURNE COUNTY PRIOR TO ISSUANCE OF ANY BUILDING PERMITS. AN APPROVED GRADING AND DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO ISSUANCE OF BUILDING PERMITS. THE GRADING OF COUNTRY CROSSING 4T. ADDITION BE CERTIFIED BY THE DEVELOPER'S ENGINEER PRIOR TO ISSUANCE OF BUILDING PERMITS. A LANDSCAPE PLAN BE SUBMITTED ILLUSTRATING THE REQUIRED YARD TREES. OVERSTORY TREES BE PLANTED ALONG THE PARK TRAIL CORRIDOR CONSISTENT WTH THE APPROVAL IN COUNTRY CROSSING 3RD ADDITION. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR RELEASING THE FINAL PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. s:\document\resoluti\p97-16.doc Page 6