98-026 RESRESOLUTION NO. 98 - 26
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ELK RIVER COMMERCIAL
Case No. P 95-4
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, 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 March 16, 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.
Bo
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.
Fo
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.
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
Ho lmgr en
F~rber
resolution was introduced by Council Member
and duly seconded by Council Member
· The following voted in favor of the Resolution.
Mayor Duitsman, Councilmembers Dietz,
Holmgren
The ~llowingvoted againstthe Resolution:
None
Thompson, Farber, and
The ~llowing were absent:
None
Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this //¢~day of ~ , 1998.
/H~n~'Duitsman, Mayor
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CERTIFICATE
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 ~_ /6 ,1998.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /'_Z ~'day of
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
,1998.
~andra Thackeray, City Clerk ,,2
The foregoing instrument was acknowledged before me this
~"')0~ , 1998, by Henry Duitsman, Mayor, City of
Minnesota.
/~, day of
Elk River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /~ day of
~~ ~, 1998, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
~ ~ NOTARY PU~IC-MINNESOTA ~
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 Southeast Quarter of the Northwest Quarter of Section 27,
Township 33 North, Range 26 West, Sherburne County, Minnesota, that lies
easterly of the easterly line of Holt Street Northwest and its southwesterly
extension as dedicated in the recorded plat of RIDGEWOOD EAST #RD
ADDITION in the files of the Sherbume County Recorder and which lies easterly
of the easterly line of Lot 4, Block 3 in said plat and which lies westerly of Line 1
described below:
Line 1: Beginning at the point of intersection of the east and west quarter line of
said Section 27 and a line run parallel with and distant 190 feet westerly of Line
2 described below; thence run northerly at right angles to said east and west
quarter line for 50 feet; thence run northeasterly to a point on a line run parallel
with and distant 100 feet westerly of said Line 2, distant 150 feet northerly of its
intersection with said east and west quarter line; thence run northerly along said
100 foot parallel line for 1200 feet and there terminating;
Line 2: Beginning at a point on the south line of said Section 27, distance 612.2
feet east of the south quarter corner thereof; thence run northwesterly at an
angle of 73 degrees 16 minutes 00 seconds with said south section line for
2313.40 feet; thence deflect to the right at an angle of 21 degrees 26 minutes 00
seconds for 2000 feet and there terminating.
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EXHIBIT B
FIELD VERIFY THE LOCATION OF THE ELECTRIC LINE ACROSS THE SOUTHERN PORTION OF
THE PLAT AND THE LOCATION OF THE GUIDE FOR THE UTILITY POLE LOCATED ON HOLT
AVENUE NEAR THE INTERSECTION WITH 193RD AND ADJUST THE UTILITY EASEMENTS TO
INCLUDE THEM IF NEEDED.
ACCESS TO THE LOT WILL BE FROM HOLT AVENUE ONLY.
THE EXISTING TREES SHALL BE PRESERVED AS MUCH AS POSSIBLE.
PARK DEDICATION FEE IN THE AMOUNT OF $2000.00 PER ACRE BE PAID PRIOR TO
RECORDING THE FINAL PLAT.
SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $826.10 PER ACRE BE PAID
PRIOR TO RECORDING THE FINAL PLAT.
PAYMENT OF WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE FINAL
PLAT FOR RECORDING.
THE PLAT BE REC:ONFIGURED TO INCLUDE AN OUTLOT B WHICH WOULD EXTEND SOUTH
OF OULTOT A TO THE EXISTING PINE TREES.
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