RES 05-132
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RESOLUTION NO. 05 --132
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Van Den Berg Addition
Case No. P 05-17
WHEREAS, application has been made for fmal 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
October 17, 2005; and
WHEREAS, the proposed fmal plat 1S consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed fmal 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 final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall f1le proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5.
This [mal plat approval shall expire one year from the date of this resolution if the
[mal plat is not recorded within that time.
The foregoing resolution was introduced by Council Member Farbem.d duly
seconded by Council Member Gumph;re}fhe following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Motin, Dietz, Farber,
Tliandu Gumphrev . th l'
e-IOllowmg vote11 agamst e Reso ution:
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of December, 2005.
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Stepn me Klinzing, '1:7
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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 copy of the
resolution as adopted by the City Council of the City of Elk River on December 19, 2005.
0\/\ / ) , WITN~ my hand officially as such Clerk and the corporate seal of the City this
cz!dWlayof, ~ ,2005. (.. ~
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STATE OF MINNESOTA V
SS.
COUNTY OF SHERBURNE
T~e foregoing instrument was acknowledged before me this }G(-P-"day of
DE'ce~'\a:''( , 2005, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota.
TINA M. ALLARD 4 ~'G?
NOTARYPU8L1C.MINNESOTA ~./ > /
My Commission Expires Jan. 31.2010 -- --
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
D The foregoing instrument was acknowledged before me this W day of
. eLe ",by- ,2005, by Joan Schmidt, City Clerk, City of Elk Rive Minn~:t
TINA M. ALLARD
NOTARY PUBLIC. MINNESOTA
My ComII\iSIiOIl Exp/r8I Jan. 31, 2010
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
The Southwest Quarter of the Northwest Quarter (SW 1A of NW lA) of Section Two (2), Township
Thirty-two (32), Range Twenty-six (26), Sherburne County, Minnesota.
The Southeast Quarter of the Northwest Quarter of Section 2, Township 32 North, Range 26 West,
Sherburne County, Minnesota, EXCEPT that part thereof described as follows:
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Commencing at the Northeast corner of said Southeast Quarter of the Northwest Quarter; thence on an
assumed bearing of South 1 degree 17 minutes 13 seconds West, along the East line thereof, a distance
of 430.84 feet to the actual point of beginning of the land to be described; thence North 88 degrees 42
minutes 47 seconds West a distance of 272.86 feet; thence Southwesterly a distance of 67.79 feet along a
~ nontangential curve concave to the Northwest having a radius of 330.00 feet, a central angle of 11
degrees 46 minutes 12 seconds and the chord of said curve bears South 58 degrees 17 minutes 28
seconds West; thence Southwesterly and Southerly a distance of 406.12 feet along a reverse curve
concave to the Southeast having a radius of 370.00 feet, a central angle of 62 degrees 53 minutes 21
seconds and the chord of said curve bears South 32 degrees 43 minutes 53 seconds West; thence South 1
degree 17 minutes 13 seconds West, tangent to said curve, a distance of 152.65 feet; thence Southerly,
Southeasterly and Easterly a distance of 269.78 feet along a tangential curve concave to the Northeast
having a radius of 170.00 feet and a central angle of 90 degrees 55 minutes 36 seconds; thence South 89
degrees 38 minutes 23 seconds East, tangent to said curve, a distance of 111.57 feet; thence Easterly and
Southeasterly a distance of 69.74 feet along a tangential curve concave to the Southwest having a radius
of 105.00 feet and a central angle of 38 degrees 03 minutes 15 seconds; thence North 38 degrees 24
minutes 52 seconds East, not tangent to said curve, a distance of 218.84 feet; thence South 89 degrees 38
minutes 23 seconds East a distance of 49.54 feet to the East line of said Southeast Quarter of the
Northwest Quarter; thence North 1 degree 17 minutes 13 seconds East, along said East line, a distance of
533.02 feet to the point of beginning.
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EXHIBIT B
Conditions:
1. All comments of the City Engineer shall be addressed.
2. All required subdivision/park information shall be provided in an electronic
format (.dwg file) as required by the City Ordinance and Land Use
Application prior to recording of the plat.
3. A seal coat fee shall be paid, at the rate applicable at the time of final plat
approval, prior to releasing the plat for recording.
4. A letter of credit in the amount of 100% of the cost of the improvements shall
be submitted prior to the releasing of the plat for recording.
5. The applicant shall execute a developer's agreement outlining the terms and
conditions of approval.
6. Park dedication shall be in the form of cash at the rate applicable at the time
of final plat approval.
7. A plan needs to be submitted that indicates the lot sizes as well as the style
and elevation of the homes.
8. The lots need to be a minimum of 12,000 square feet.
9. The pole building shall be removed by the developer prior to recording the
plat.
10. The plat will have to comply with the landscape requirements.
11. The plat shall comply with the R3 zoning requirements.
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