RES 06-099
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RESOLUTION NO. 06- ~9
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Christian Farms Addition
Case No. P 06-13
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
June 19,2006; and
WHEREAS, the proposed final plat 1S 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 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.
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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 Farber and
duly seconded by Council Member Motin . The following voted in favor of the
Resolution.
Mayor Klinzing, Councilmembers Morin, Dietz, Farber, and Gumphrey
The following voted against the Resolution: None
WHEREUPON the resolution is adopted.
Passed and adopted this 21 st day of August, 2006.
ATTEST:
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J oap Schmidt, City Clerk
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EXHIBIT A
Legal Description:
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That part of the East Half of the Southwest Quarter and the East 10 rods (165 feet) of the
West Half of the Southwest Quarter of Section 35, Township 33, Range 26, Sherburne
County, Minnesota, described as follows: Commencing at the intersection of the tangent to
the center line of County State Aid Highway No. 12 and the South line of said Southwest
Quarter a distance of 955.38 feet west of the Southeast comer thereof; thence North 50
degrees 40 minutes West along said center line 570.58 feet to the actual point of beginning
of the land to be described; thence North 39 degrees 20 minutes East a distance of 163 feet;
thence North 00 degrees 17 minutes East a distance of 563.21 feet; thence North 89 degrees
43 minutes West to the West line of said East 10 rods of the West Half of the Southwest
Quarter; thence Southerly along said West line to its intersection with said center line; thence
South 50 degrees 40 minutes East along said center line to the point of beginning., Except
that part described as commencing 1667.9 feet East of the Southwest comer of said Section
and along the South line of section and thence bearing North 50 degrees 39 minutes West
along the center line of a road a distance of 635.0 feet to the point of beginning; thence
North 39 degrees 21 minutes East a distance of 133.0 feet; thence North 50 degrees 39
minutes West a distance of 75.0 feet; thence South 39 degrees 21 minutes West a distance of
133.00 feet; thence South 50 degrees 39 minutes East and along the center line of said road a
distance of 75.0 feet to the point of beginning, excepting 33.0 feet parallel to the center line
of said road being road right-of-way. Containing 2.3 acres more or less.
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EXHIBIT B
Conditions:
1. All comments of the City Engineer shall be addressed.
2. 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.
3. Surface Water Management Impact Fee shall be paid at the rate applicable at
the time of final plat approval.
4. Park dedication shall be in the form of cash for one lot at the rate applicable
at the time of final plat approval.
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.
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