RES 06-063
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RESOLUTION NO. 06- ~3
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
JABEZ
Case No. P 06-06
WHEREAS, application has been made for final 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
April 17, 2006; 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:
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. TPe 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 file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
5.
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 Motin and
duly seconded by Council Member Farber . The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Motin, Farber, Gumphrey
The following voted against the Resolution: and Dietz
None
The following were absent:
None
WHEREUPON the resolution is adopted.
Passed and adopted this 15th day of May, 2006.
ATTEST:
vTJ/rU~
Schmidt, City Clerk
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EXHIBIT A
Legal Description:
The North 505.77 feet of the Northwest Quarter of the Northwest Quarter of Section 11,
Township 32, Range 26, Sherburne County, Minnesota, lying East of the Easterly right-of-
way of Trunk Highway No. 10 according to MINNESOTA DEPARTMENT OF
TRANSPORTATION MONUMENTA TION PLAT 71-MI, as monumented.
AND,
That part of the Northwest Quarter of the Northwest Quarter of Section 11, Township 32,
Range 26, Sherburne County, Minnesota lying north of a line parallel with and 570.85 feet
north of the South line of said Northwest Quarter of the Northwest Quarter, and lying
south of a line parallel with and 505.77 feet south of the North line of said Northwest
Quarter of the Northwest Quarter, lying east of the Easterly line of the right-of-way of U.S.
Highway No. 10.
AND,
That part of the North 390.60 feet of the South 570.85 feet of the Northwest Quarter of the
Northwest Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota,
lying east of the Easterly line of the right-of-way of U.S. Highway 10.
AND,
The North 390.64 feet of the South 570.89 feet of the West 446.04 feet of the Northeast
Quarter of the Northwest Quarter of Section 11, Township 32, Range 26, Sherburne
County, Minnesota; and the East 60 feet of the West 225 feet of the South 180.25 feet of
said Northeast Quarter of the Northwest Quarter; EXCEPT the South 33 feet thereof taken
for a Township Road now known as 171 ,t Street NW.
AND,
The North 147.25 feet of the South 180.25 feet of the West 165 feet of the Northeast
Quarter of the Northwest Quarter of Section 11, Township 32, Range 26, Sherburne
County, Minnesota, according to the United States Government Survey thereof and situated
in Sherburne County, Minnesota.
AND,
The East 25 feet of the South 180.25 feet of the Northwest Quarter of the Northwest
Quarter of Section 11 , Township 32, Range 26, EXCEPT the South 33 feet thereof,
according to the United States Government Survey thereof and situated in Sherburne
County, Minnesota.
AND,
Outlot A, Leon Lefebvre Addition, according to the plat thereof on file and of record in the
office of the County Recorder of Sherburne County, Minnesota.
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EXHIBIT B
Conditions:
1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE PROVIDED
ALONG 171ST AVENUE IN THE AREA OF THE EXISTING HOUSE.
2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY 10
FRONTAGE PROHIBITING ACCESS.
3. PARK DEDICATION FEE, AT THE RATE APPLICABLE AT THE TIME OF
FINAL PLAT, SHALL BE PAID FOR 8.05 ACRES PRIOR TO RELEASING THE
PLAT FOR RECORDING.
4. PARK DEDICATION FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME
THOSE LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE TIME
THEY ARE GRANTED FINAL PLAT APPROVAL.
5. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE AT THE
TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. SURFACE WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE
PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE RATE
APPLICABLE AT THE TIME THEY ARE GRANTED FINAL PLAT APPROVAL.
7. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3 YEARS
FROM THE DATE THAT THE COUNCIL GRANTS FINAL PLAT APPROVAL.
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