98-041 RESRESOLUTION NO. 98 - 41
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ORONO SHORES
Case No. P 97-12
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 February 9, 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
o
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
Ho lmgr en
Farber
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Duitsman
Council Members:
Holmgren, Farber, Dietz, and Thompson
The following voted against the Resolution:
None
The ~llowing were absent:
None
\\elkriver\sys\shrdoc\document\resoluti\p97-12.docPage 2
WHEREUPON the resolution is adopted.
Passed and adopted this~ ~day of ~ , 1998.
/
//f-I[nry~iuit~;m~n, 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 cop~of the resolution as adopted by the City Council of the City of Elk
River on _/' ,.~.~ ~,~-¢, , 1998.
WITNESS my han_.d officially as such Clerk and the corporate seal of the
City this ~ ~day of _//~//,~/ , 1998.
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
...~~ , 1998, by Henry Duitsman, Mayor, City of Elk
Minnesota
day of
River,
m ECKE
~ ~j NOTARY PUbLIC-MINNESOTA
~) l~m~ SH~BURNE COUNI~
~~ MyComn!~n £~l~J~ 31, 2000
Notary Public
\\elkriver\sys\shrdoc\document\resoluti\p97-12.docPage 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this o~o day of
L~/,.,O.¢.~~ , 1998, by Sandra Thackeray, City Clerk, City of Elk River,
Minrlesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
\\elkriver\sys\shrdoc\document\resoluti\p97-12.docP age 4
EXHIBIT A
All that part of the Northwest Quarter of Section 32, Township 33, Range 26,
Sherburne County, Minnesota lying northerly of the Northerly line of the right-of-
way of U.S. Highway No. 10; lying southerly of the Southerly shore hne of Lake
Orono; lying easterly of the following described Line #1; and lying westerly of the
following described Line #2.
Said Line #1 being described as Commencing at the Southwest corner of said
Northwest Quarter; thence North 89 degrees 16 minutes 46 seconds East
along the South hne of said Southwest Quarter for 681.14 feet; thence North
1 degree 48 minutes 00 seconds West for 90.63 feet, more or less, to intersect
said Northerly line of the highway right-of-way, said point of intersection
also being the actual Point of Beginning of said Line #1 to be hereby
described; thence continue North I degree 48 minutes 00 seconds West along
said Line #1 (said Line #1 being marked with Judicial Landmarks set
pursuant to Torrens File No. C2-88-1087) for approximately 1073 feet to
intersect with and terminate said Line 31 at said Southerly shore line of
Lake Orono.
Said Line #2 being described as Commencing at the point of intersection of
the East line of said Northwest Quarter with the centerline of said U.S.
Highway No. 10; thence southwesterly along said centerline, being a curve
concave to the south, radius 2291.87 feet, for a central angle of 2 degrees 08
minutes 34 seconds and length 85.71 feet; thence South 58 degrees 58
minutes 00 seconds West, tangent to said curve, and along said centerline for
986.99 feet to a point thereon a distance of 1072.7 feet southwesterly of said
point of commencement; thence North 31 degrees 02 minutes 00 seconds
West at right angles to said centerline for 112.5 feet to intersect said
Northerly line of the highway right-of-way, said point of intersection also
being the actual Point Of Beginning of said Line #2 to be hereby described;
thence continue North 31 degrees 02 minutes 00 seconds West along said
Line #2 for 113 feet, more or less, to intersect with and terminate at said
Southerly shore hne of Lake Orono.
For the purposes of the above descriptions the West line of the Southwest Quarter
of said Section 32 is assumed to bear South 0 degrees 48 minutes 31 seconds East.
EXCEPTING THEREFROM all that part thereof platted as FOX HAVEN
COMMERCIAL, said County.
Containing 11.7 acres, more or less. Subject to easements of record, if any.
\\elkriver\sys\shrdoc\document\resoluti\p97-12.docP age 5
o
°
10.
11.
EXHIBIT B
A DEVELOPERS AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT BE
SIGNED AND RECORDED ALONG WITH THE PLAT.
AN NPDES PERMIT BE OBTAINED PRIOR TO COMMENCING GRADING ON SITE. THIS
PERMIT CAN BE OBTAINED FROM MINNESOTA POLLUTION CONTROL AGENCY.
A COMPLETE GRADING/DRAINAGE PLAN ALONG WITH CALCULATIONS BE
PROVIDED FOR STAFF REVIEW. ALL PONDS AND STORM SEWER SYSTEM MUST BE
CONSISTENT WITH EASEMENTS ON PLAT.
PARK DEDICATION FEES BE PAID FOR THE TOWNHOME UNITS AND COMMERCIAL
PROPERTY. THE FEES WILL BE BASED ON THE RATE AT THE TIME OF FINAL PLAT AND
SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THERE IS NO PARK
DEDICATION REQUIREMENT FOR THE ASSISTED LIVING.
WATER AVAILABLE CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING. THIS CHARGE IS BASED ON THE NUMBER OF
TOWNHOME, ASSISTED LIVING AND COMMERCIAL UNITS.
APPLICANT CONSULT WITH ELK RIVER UTILITIES FOR ANY ADDITIONAL CHARGES
RELATING TO UTILITY INSTALLATION OR HOOKUP CHARGES.
SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING. THE FEE WILL BE BASED ON THE LAND USE DESIGNATION APPROVED AS
PART OF THE PUD.
ACCORDING TO THE SHORELAND ORDINANCE CERTAIN CRITERIA TO PRESERVE AND
MAINTAIN THE OPEN SPACE OF THE PUD MUST OCCUR. THESE GUIDELINES WILL NEED
TO BE MET AND MADE PART OF THE PLAT WHERE APPLICABLE.
A FINANCIAL GUARANTEE FOR 100 PERCENT OF THE IMPROVEMENT COSTS BE
PROVIDED TO THE CITY PRIOR TO ANY WORK COMMENCING ON SITE.
GUARDIAN ANGELS OF ELK RIVER, INC. SHALL BE ASSESSED FOR THEIR PORTION OF A
POTENTIAL LAKE ORONO IMPROVEMENT PROJECT.
ALL UTILITY PLANS WILL NEED TO BE REVIEWED AND APPROVED BY THE CITY
ENGINEER PRIOR TO BEGINNING CONSTRUCTION. THE CITY ENGINEER'S LETTER
DATED DECEMBER 18, 1997 OUTLINES SPECIFIC UTILITY COMMENTS.
f:kshrdoc\document\resoluti\p97-12.doc Page 6