RES 05-123
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RESOLUTION NO. 05 - 123
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk Ridge Center 2nd Addition
Case No. P 05-19
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
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WHEREAS, a preliminary plat of the Property was approved by the City Council on
February 9, 2004; and
WHEREAS, the proposed [mal plat is consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed [mal 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.
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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 fmal approval of the plat.
4. The owner of the Property is authorized to record the fmal 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.
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This fmal plat approval shall expire one year from the date of this resolution if the
fmal plat is not recorded within that time.
The foregoing resolution was introduced by Council Member Dietz and duly
seconded by Council Member Farbe:r The following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Mot in . Dietz, Farber, Gumphrey
The following voted against the Resolution: None
The following were absent: None
WHEREUPON the resolution is adopted.
Passed and adopted this 21st day of November, 2005.
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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 co y of e
resolution as adopted by the City Council of the City of Elk River on Ii ~ I 05-
2005.
eJad WITNESSq hanq,ofijcially as such Clerk and the corporate seal of th. e City this
~yof ~ ,2005. ~
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
\ \ The foregoing instrument was acknowledged before me this QI s+-- day of
)'J'0\l e ~\a:, ( , 2005, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota;.
.--1 4./
TINA M. ALLARD ,/ ,/ (
NOTARY PUBLIC. MINNESOTA ;' -J f 1/ .,/ \ .//' .
MyCornm/$s/on Expires Jan. 31,2010 L- b -2S,. /
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~. The foregoing instrument ~as ~cknowled~ed before. me ~s/.-- Q~I~ f
Na\C ~lce ( , 2005, by Joan Schrmdt, City Clerk, City of E~J~ver, Mtp-ne . t;)
,--//~ - C_~ .///
Notary Public
TlN!I, M. ALLARD
NOTARY PU8L1C. MINNESOTA
My Commission Expires Jan. 31,2010
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EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the State of Minnesota, County of Sherburne, and is
described as follows:
Elk Ridge Center Oudot A
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EXHIBIT B
Conditions:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL
AND INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE
PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM
ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25%
OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY
FOR A ONE YEAR PERIOD.
4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY
THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING
THE PLAT FOR RECORDING.
5. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED
ON THE PLAT AS REQUIRED BY THE CITY.
6. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
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7. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
8. GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
9. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
10. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK
RIVER MUNICIPLAL UTILTIIES.
11. PARK DEDICATION FEES BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
12. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
13. ALL NECESSARY TRUNK SANITARY AND WATER ASSESSMENTS, AND
LATERAL WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
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14. ALL INCOMPLETED ITEMS FROM THE FIRST PHASE PUNCH LIST MUST
BE COMPLETED PRIOR TO WORK BEGINNING ON THE SECOND PHASE.
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