7.5. SR 03-21-1994
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AGENDA ITEM 7.5.
MEMORANDUM
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER ~pt/
DATE: MARCH 21,1994
TO:
FROM:
SUBJECT: FINAL PLAT REVIEW OF CHERRY-
HILL BLUFFS THIRD ADDN. BY
RICHARD FOSTER, CASE NO. P 94-04
ISSUE
Consider Resolution No. 94-_ approving final plat to subdivide approximately one acre
into four (4) single family lots.
ATTACHMENTS
Plat of CherryHill Bluffs Second Addition, Final Plat of CherryHill Bluffs Third
Addition, Final Plat Resolution
BACKGROUND
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On May 3, 1993, the City Council approved a preliminary plat for CherryHill Bluffs
Second Addition, which consisted of 51 single family lots. Shortly thereafter, the
developer received final plat approval for the first phase of CherryHill Bluffs Second
Addition, which consisted of 31 single family lots (see attached).
ANALYSIS
The four (4) single family lot that comprised CherryHill Bluffs Third Addition were
approved as part of CherryHill Bluffs Second Addition, however, they were not included
in the first phase because the City was the current owner of the property at that time.
Subsequently, this land was sold to Mr. Foster to be incorporated into the plat. All
street and utilities have been installed as part of the second addition to serve the four
(4) lots.
The proposed final plat is consistent with the preliminary plat previously approved by
the City Council. Applicable conditions made part of the preliminary plat approval will
be carried forward and incorporated into the requested final plat for CherryHill Bluffs
Third Addition.
RECOMMENDATION
Staff is recommending approval of the final plat of CherryHill Bluffs Third Addition
creating four (4) single family lots with the conditions stated in the attached resolution.
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ccchb. doc
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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SCALE:
Inch = 60 Feet
o Denotes (1/2 inch by 14 inch) iron
monument set with 0 plastic plug
stomped RLS 12263.
. Denoles iron monument found.
For the purpose or this plat the North
line of the South 450.00 Feet of the
of the West Half of the Southeast
Quarter of Sec. 27, T. 33, R. 26, is
assumed to bear South 89027'35" West.
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KNOW ALL MEN BY THESE PRESENTS: 'That Phoenix Enterprises, LLC, a Minnesota Corn
following described property situated in. the County of Sherburne, State of Min
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RESOLUTION NO. 94 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL TO:
CHERRYHILL BLUFFS, THIRD ADDITION
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 May 3, 1993; and
e 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.
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
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.
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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 two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member
and duly seconded by Council Member
. The following voted in favor of the Resolution.
The following voted against the Resolution:
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The following were absent:
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WHEREUPON the resolution is adopted.
Passed and adopted this _ day of
,1994
Henry Duitsman, 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 of the resolution as adopted by the City Council of the City of Elk
River on , 1994.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this _ day of , 1994.
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Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1994, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1994, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
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LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
That part of the west half of the Southeast Quarter of Section 27, Township 33,
Range 26, Sherburne County, Minnesota, described as follows:
Beginning at the intersection of the north line of the south 450.00 feet of
said west half of the Southeast Quarter with the easterly right-of-way line
of US Highway No. 169; thence easterly, along said north line, to the
southwest corner of Lot 6, Block 4, CHERRYHILL BLUFFS SECOND
ADDITION, according to the recorded plat thereof; thence northwesterly
and northeasterly, along the westerly lines of said Lot 6, to the intersection
with the westerly line of 190th Lane NW as delineated in said plat; thence
northwesterly, along said westerly line of 190th Lane NW, to the southeast
corner of Lot 1, Block 1 in said plat of CHERRYHILL BLUFFS SECOND
ADDITION; thence westerly, along the southerly line of said Lot 1, to the
intersection with said easterly right-of-way line of US Highway No. 169;
thence southeasterly, along said right-of-way line, to the point of
beginning.
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EXHIBIT B
1.
THE DEVELOPER PROVIDE THE CITY WITH A PLAN ILLUSTRATING
BERMING WITH LANDSCAPING ALONG THE HIGHWAY 169 RIGHT
OF WAY. THIS PLAN SHOULD BE CONSISTENT WITH THE NOISE
ABATEMENT MEASURES THAT WERE APPROVED WITH
CHERRYHILL BLUFFS SECOND ADDITION.
2.
PRIOR TO RELEASING THE PLAT FOR RECORDING, A
DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY
ENGINEER.
3.
PARK DEDICATION IN THE AMOUNT OF $1,800 ($450 PER LOT) BE
PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
4.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
STATING THE CONDITIONS OF APPROVAL FOR THIS PLAT.
5.
PAYMENT OF $3,800 PER ACRE FOR TRUNK SANITARY SEWER
AND WATER MAIN EXTENSIONS BE PAID PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
6. DEVELOPER RECORD THE DEEDS TRANSFERRING THE PROPERTY
FROM THE CITY, PRIOR TO RELEASING THE FINAL PLAT FOR
RECORDING.
reschill.doc
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