RES 22-61City of Elk River
City Council
Resolution 22-61
A Resolution of the City Council of the City of Elk River Granting Plat
Approval for Beaudry Elk River Addition, Case No. P 22-12
WHEREAS, application has been made for plat approval, pursuant to Section 30-392 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 final plat of the Property was approved by the City Council on November
7, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River, Minnesota, as follows:
The City Council makes the following findings of fact:
A. The proposed subdivision is consistent with 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.
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.
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2. 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 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.
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 7`' day of November 2022.
Wieyox
ATTEST:
A
Tina Allard, City Clerk
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EXHIBIT A
LEGAL DESCRIPTION
Parcel A:
That part of the Southwest Quarter of the Southeast Quarter lying westerly of said centerline
of County State Aid Highway No. 1 and lying northerly of the following described Line "A":
Commencing at the Southeast corner of said Southwest Quarter of the Southeast Quarter;
thence north along the East line thereof for a distance of 1095.99 feet to the actual point of
beginning of Line "A" to be hereby described: thence west through a point on the west line
of said Southwest Quarter of the Southeast Quarter a distance of 1091.59 feet north of the
Southwest corner thereof, as measured along said West line, to terminate said Line"A" at its
intersection with said Easterly line of the railroad right-of-way.
Together with that part of the Southeast Quarter of the Southwest Quarter lying easterly of
said Easterly line of the railroad right-of-way and lying northerly of Line "A" heretofore
described, All in Section 28, Township 33, Range 26, Sherburne County, Minnesota.
Parcel B:
That part of the West Half of the Northwest Quarter of the Southeast Quarter of Section
28, Township 33 North, Range 26, lying Southwesterly of the centerline of County State Aid
Highway No. 1, Sherburne County, Minnesota.
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EXHIBIT B
CONDITIONS OF APPROVAL
1. The wetland boundary shown on the plat shall be updated to reflect the final
approval given by the Technical Evaluation Panel (TEP).
2. The TEP shall approve all proposed wetland impacts and fill prior to releasing the
final plat for approval.
3. The applicant shall provide documentation demonstrating compliance with the
wetland replacement standards having been met.
4. Final established wetland boundaries, based on the TEP approved wetland impacts,
shall be identified on the plat along with a 45-foot drainage and utility easement.
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