98-015 RESRESOLUTION NO. 98 -15
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR'.
ALC CENTER ADDITION
Case No, P 98-1
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(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, a preliminary plat of the Property was approved by the City
Council on February 17, 1998; 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:
It is hereby determined by the City Council for the City of Elk River as
follows:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
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.
Co
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.
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.
The proposed subdivision will not cause substantial environmental
damage.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
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.
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 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
Father and duly seconded by Council Member
Thompson The following voted in favor of the Resolution.
Mayor Duitsman
Councilmembers: Farber, Thompson, and Dietz.
The following voted against the Resolution:
Non~
Councilm~mb~r Holmgren abstaining
The following were absent:
None
WHEREUPON the resolution is adopted.
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Passed and adopted this/7 X'~day of
~ ,1998.
.J~n ry/,fDuit~;man, Mayor
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~pf the resolution as adopted by the City Council of the City of Elk
River
on .~,'~ /? ,
1998.
/ ' ,
WITNESS my hand 9fficially as such Clerk and the corporate seal of the
City this /7 ¢~day of~- ,1998.
/S~ndra '~ha(~keray, Ci{-y tier/'~''
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
L~ The foregoing instrument was acknowledged before me this .
~ , 1998, by Henry Duitsman, Mayor, City of
Minnesota.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
/ ~ day of
Elk River,
Notary Public
The foregoing instrument was acknowledged before me this /~ day of
"--'/~~.~-~ , 1998, by Sandra Thackeray, City Clerk, City of Elk River,
~ ~?1 NOTARY PUBUO-MINNESOTA ~r
~ ~j~[~ SHERBURNECOUNTY ~ Notary Public
THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
That part of the Southwest Quarter of the Southeast Quarter of Section 28, Township
33, Range 26, lying easterly of the Great Northern Railroad right-of-way and southerly
and southeasterly of a line described as beginning at a point on the East line of said
Southwest Quarter of the Southeast Quarter a distance of 453.3 feet north of the
southeast corner thereof; thence deflect to the west 92 degrees 4 minutes from said
east line a distance of 748.04 feet; thence deflect to the left 22 degrees 35 minutes to
the easterly right-of-way line of said railroads and there terminating, according to the
United States Government Survey thereof and situate in Sherbume County, Minnesota.
Containing 10.17 acres, more or less.
And,
That part off the Northwest Quarter of the Northeast Quarter of Section 33, Township
33, Range 26, Sherbume County, Minnesota lying easterly of the Great Northern and
Pacific Railroad right-of-way, except that part platted as OAK FIELD FIRST ADDITION
and except that part of the N~,,-thwest Quarter of the Northeast Quarter lying southerly of
the westerly extension of the south line of School Street as laid out in said plat of OAK
FIELD FIRST ADDITION, according to the United States Government Survey thereof
and situate in Sherburne County, Minnesota.
Containing 12.78 acres, more or less.
And,
That part of Lot 6, Block 1 of the duly recorded plat of ELK RIVER INDUSTRIAL PARK,
AND,
That part of the Northwest Quarter of the Northeast Quarter of Section 33, Township 33,
Range 26, all in Sherburne County, Minnesota, which lies westerly of the easterly right-
of-way line of the former Great Northern and Pacific Railroad, and lies northerly of the
northeasterly right-of-way line of the Burlington Northern Railroad Company. EXCEPT
the north 695.00 feet of the West 647.00 feet, as measured at right angles to the North
and West lines thereof.
Containing 0.90 acres, more or less.
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EXHIBIT B
THE LAND TRANSACTIONS OUTLINED AS FOLLOWS BE COMPLETED:
· LOT 1 WILL BE TRANSFERRED FROM THE SCHOOL DISTRICT TO THE CITY.
· LOT 2 WILL REMAIN UNDER THE SCHOOL DISTRICT OWNERSHIP.
· LOT 3 WILL BE TRANSFERRED FROM THE SCHOOL DISTRICT TO THE CITY.
· LOT 4 WILL REMAIN THE SCHOOL DISTRICT'S PROPERTY.
· OUTLOT A WILL BE TRANSFERRED FROM THE CITY TO THE SCHOOL DISTRICT.
· OUTLOT B WILL REMAIN THE OWNERSHIP OF THE CITY.
e
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $2,478.30 BE PAID PRIOR
TO RECORDING THE PLAT WITH SHERBURNE COUNTY.
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