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07-010 RES . . . RESOLUTION NO. 07---.!O CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Aggregate Commercial Case No. AS 07-02 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 proposed final plat complies with each of the conditions set forth by the City Council in its approval of the final 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 proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. D. The proposed subdivision will not cause substantial environmental damage. E. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. F. 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. 0/-'0 . . . 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 Zerwas . The following voted against the Resolution: WHEREUPON the resolution is adopted. Passed and adopted this 16th day of January, 2007. ATTEST: ~ ~~ Steph .e Klinzing, Tina Allard, City Clerk . . . Legal Description The South Half of the Southwest Quarter of the Northeast Quarter and the South 100 feet of the North 1099.4 feet of that part of the Southeast Quarter of the Northwest Quarter lying East of the U.S. Highway No. 169, all in Section 10, Township 33, Range 26, according to the United States Government Survey thereof and situate in Sherburne County, Minnesota That part of the Southeast Quarter of the Northwest Quarter of Section 10, Township 33 Range 26, Sherburne County, Minnesota, described as follows: Beginning at a point on the East line of said Southeast Quarter of the Northwest Quarter, 212.00 feet South of the Northeast comer thereof; thence South on said East line a distance of 787.40 feet; thence West and parallel with the North line said Southeast Quarter of the Northwest Quarter to the East right-of-way line of U.S. Highway No.169; thence Northerly along the East line of said Highway right-of -way to a point that is 212.00 feet South of the North line of said Southeast Quarter of the Northwest Quarter; thence East parallel to and 212.00 feet South of the North line of said Southeast Quarter of the Northwest Quarter to the point of beginning. And the North Half of the Southwest Quarter of the Northeast Quarter of Section 10, Township 33, Range 26, Sherburne County, Minnesota. And the Southeast Quarter of the Northeast Quarter of Section 10, Township 33, Range 26, Sherburne County, Minnesota, according to the United States Government Survey thereof, and situate in Sherburne County, Minnesota. . EXHIBIT B Conditions: 1. This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. 2. Future construction of principle structures on the properties shall require replatting of lots. . .