98-105 RESRESOLUTION NO. 98 - 105
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk River Retail Center No. 2
Case No. P 98-3
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 August 17, 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:
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.
Do
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.
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 resolution was introduced by Council Member
Farber and duly seconded by Council Member
Ho].,~ren The following voted in favor of the Resolution.
Mayor Duitsman
Councilmembers Farber, Holmgren, Dietz, Thompson
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this c-~?~day of
,1998.
,,,Fl'eln ~,~ u it~; m ~r~, 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 co~ of the resolution as adopted by the City Council of the City of Elk
River on ~'-- ~-~/ , 1998.
WITNESS my ha~/?y.~., ? .suofficially as ch Clerk1998.and the corporate seal of the
City this ~/"~ay of. e.~.-bc....~/_..~-"_ ,
.~andra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
M~i The foregoing instrument was acknowledged before me this ;Al
.~,v~J,,-z~ , 1998, by Henry Duitsman, Mayor, City of Elk
nnesota.
day of
River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~l day of
~.~, ~,~'.,~ 1998, Sandra Peine, City Clerk, City of Elk River,
by
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
Lots 2, 3 and 4, Block 1, Elk River Retail Center, Sherburne County, Minnesota
Page 5
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EXHIBIT B
A 20 FOOT EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 1 BE DEDICATED TO
ALLOW CONSTRUCTION OF A PEDESTRIAN PATHWAY.
AN AMENDED PLANNED UNIT DEVELOPMENT AGREEMENT BE SIGNED AND RECORDED
PRIOR TO RECORDING THE PLAT
ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED 7/22/98 BE INCORPORATED INTO
THE PLAT.
CROSS ACCESS PARKING AGREEMENT BE PREPARED AND REVIEWED BY THE CITY PRIOR
TO RELEASING THE PLAT FOR RECORDING.
THE DRAINAGE AND UTILITY EASEMENT EXTENDING THROUGH LOT 2 BE VACATED PRIOR
TO RECORDING THE PLAT.
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