RES 05-112
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RESOLUTION NO. OS- 112
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Kingdom Estates 2nd Addition
Case No. P OS-II
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(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
August 15, 2005; 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:
1. It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with the Zoning Ordinance 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 Development 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.
05-112
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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.
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.
3. 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 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 Mot"in and
duly seconded by Council Member F::IThPT . The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Dietz, Farber, Gumphrey, and Motin
The following voted against the Resolution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of September, 2005.
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CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RNER
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 copy of the
resolution as adopted by the City Council of the City of Elk River on September 19 ,
2005.
c2}'/ WITN~hand officially as such Clerk and the corporate seal of the City this
~ay of f~ ~ ,2005.
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t'"
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
I . The foregoing instrument was acknowledged before me this I('fd~ of
c~.;;)ti ~I\.~::JZ// ,2005, by Stephanie Klinzing, Mayor, City.'OfElk River, Minnesota.
e JESSICA M. MilLER J ~---"'J\' ,-. .r
. . NOTARY PUBUC. MINNESOTA U. 'j
" . ." CommIIeIon Expires Jan. 31, 2007 No
STATE 0
..~ ss.
CGmJrx OF_~HERBURNE
'1 . The foregoing instJ:l:uneit was acknowledged befo . me this c9fj4j;;Of
(~_{1fQy"-V.:).QJ---, 2005, by Joan Schmidt, City Clerk, City fElk~~~ Mjnneso
R .j , f}/ ( f /t/~
e JESSiCA M. MiLlE P bli
pUSLIC. MINNESOTA u c
~~ expires Jan. 31, 2007
My \,uIfII.__n .
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EXHIBIT A
Legal Description:
Lot 3, Block 2 and Outlot C, KINGDOM ESTATES, according to the recorded plat
thereof, Sherburne County, Minnesota
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EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
4. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
5. PARK DEDICATION SHALL BE IN CASH FOR 14 LOTS.
6. THE PLAT SHALL COMPLY WITH THE RlA SETBACK
REQUIREMENTS.
7. A SIGN SHALL BE PLACED AT THE 214TH AVENUE CUL-DE-SAC TO
ADVISE FUTURE PROPERTY OWNERS OF ITS TEMPORARY STATUS, AND
THAT A FUTURE ROAD CONNECTION IS PLANNED.
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