RES 22-20A
`r City of Elk River
ver City Council
Resolution 22-20
A Resolution of the City Council of the City of Elk River Granting Final Plat
Approval for Evergreen Townhomes, Case No. P 22-04
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
December 20, 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.
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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 two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 18t' day of April 2022.
ATTEST: f.
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
The South 10 rods of the West 40 rods of the North 17 acres of the West 70 rods of the Northwest Quarter of the
Southwest Quarter of Section 35, Township 33, Range 26. Sherburne County,
AND
That part of the Northwest Quarter of the Southwest Quarter of Section 35, Township 33, Range 26, Sherburne County,
Minnesota lying South of the North 17 acres of the West 70 rods thereof and lying northerly of the following described
line: Beginning at the southwest corner of said Northwest Quarter of the Southwest Quarter; thence northerly along the
west line of said Northwest Quarter of the Southwest Quarter, a distance of 675.84 feet to the northwest corner of the
recorded plat of MULVANEY POINT and the point of beginning of the line being described; thence easterly along the North
line of said MULVANEY POINT and parallel with the North line of said Northwest Quarter of the Southwest Quarter to the
East line of said Northwest Quarter of the Southwest Quarter and said line there terminating.
EXCEPTING THEREFROM that part which lies Easterly of a line drawn parallel with and distant 60.0 feet Westerly of the
following described Line A:
Line A is described as follows:
Commencing at the Southwest corner of said Southwest Quarter of Section 35; thence South 89 degrees 51 minutes 13
seconds East along the South line of said Southwest Quarter, a distance of 1155.26 feet; thence North 32 degrees 51
minutes 28 seconds East, a distance of 326.12 feet to the actual Point of Beginning of Line A; thence continuing North 32
degrees 51 minutes 28 seconds East, a distance of 146.32 feet; thence Northeasterly, Northerly, and Northwesterly, a
distance of 718.61 feet along a tangential curve concave to the West, having a radius of 600.00 feet and a central angle of
68 degrees 36 minutes 44 seconds; thence North 35 degrees 45 minutes 18 seconds West, tangent to said last described
curve, a distance of 548.83 feet; thence Northwesterly, a distance of 493.89 feet along a tangential curve concave to the
Northeast, having a radius of 984.25 feet and a central angle of 28 degrees 45 minutes 02 seconds; thence North 7
degrees 00 minutes 14 seconds West, tangent to said last described curve, a distance of 705.38 feet and said Line A there
terminating.
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EXHIBIT B
CONDITIONS OF APPROVAL
1. A Planned Unit Development Agreement must be signed by the city and developer prior to
releasing the final plat for recording.
2. Park Dedication shall be paid in the amount required by the city when the final plat is
released for recording (currently $1,075.79/lot).
3. Water Availability Charge shall be paid in the amount required by the city when the final plat
is released for recording (currently $390/plumbing unit).
4. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the
public improvements.
5. 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.
6. The Development Plan shall be approved by the public works director prior to issuance of
building permits.
7. Staff approval of all plans prior to releasing the plat for recording.
8. All mailboxes shall be clustered.
9. 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.
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