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RES 06-008 . . . RESOLUTION NO. 06 - --D..8 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: The Meadows of Elk River Case No. P 05-21 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 January 17, 2006; 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. d:rO~ . . . 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 file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. s. This final 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 DietZlnd duly seconded by Council Member Gumph~eXhe following voted in favor of the Resolution: Mayor Klinzing, Councilmembers Motin, Farber, Dietz, and Gumphrey The following voted against the Resolution: None The following were absent: None WHEREUPON the resolution is adopted. Passed and adopted this 17th day of January, 2006. Page 2 . . . 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] anuary 17, 2006. WITNESS my hand officially as such Clerk and the corporate seal of the City this 17th day of]anuary, 2006. J~~ Page 3 . . . EXHIBIT A LEGAL DESCRIPTION The land referred to is situated in the State of Minnesota, County of Sherburne, and is described as follows: Lots 3 and 4, Block 1, North Meadows Corner, Sherburne County, Minnesota. Page 4 . . . EXHIBIT B Conditions: 1. All comments of the City Engineer shall be addressed. 2. All comments of Sherburne County shall be addressed. 3. 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. 4. 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. 5. 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. 6. The applicant shall execute a developer's agreement outlining the terms and conditions of approval. 7. Park dedication shall be in the form of cash at the rate applicable at the time of final plat approval. 8. The driveway from the existing home shall at least be paved from the street edge to the right-of-way line. Page 5