98-127 RESRESOLUTION NO. 98 - 127
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
BLACKBERRY HILLS
Case No. P 98-2
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.
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
o
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
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.
Eo
The proposed subdivision will not cause substantial environmental
damage.
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
D±etz and duly seconded by Council Member
Thompson The following voted in favor of the Resolution.
Mayor Duitsman
Councilmembers: Dietz, Thompson, Farber, Holmgren
The following voted against the Resolution:
None
The following were absent:
None
s:\document\resoluti\p98-2.doc
WHEREUPON the resolution is adopted.
Passed and adopted this 16thday of November
,1998.
///H~nCDuitsm~n, ~-ayo r
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 ;;~¢~ /~ , 1998.
WITNES.S my hand officially as such Clerk and the corporate seal of the
City this .~¢J~'1"ay of .'~.,..,-f.,~ ,1998.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
, ~, The foregoing instrument was acknowledged before me this,//~ ~ay of
~_,;"¢~/¢/~¢/~--~/ , 1998, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
s:\documentXresoluti\p98-2.doc
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
.~ The foregoing instrument was acknowledged before me this ~'~ day of
~'~./~/_~//~ZXg-,~'~, 1998, by Sandra Peine, City Clerk, City of Elk River,
Minnesota.
t -~:'~. DEBORAH KAY KLECKNER I
~ ' ':,.? MY COMM SS ON EXt~ RES 1-31-0~ ~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
s:\document\resoluti\p98-2.doc
EXHIBIT A
EXHIBIT B
1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
3. A LETrER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS
BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY UPON COMPLETING
PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD TO GUARANTEE QUALITY OF WORK.
5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $275.32 BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. PARK DEDICATION FEE IN THE AMOUNT OF $1300.00 BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
7. A SEAL COATING FEE TO BE DETERMINED BY THE CITY ENGINEER PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
8. STREETLIGHTS BE PROVIDED PER ELK RIVER UTILITIES RECOMMENDATION.
9. APPLICANT SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO ANY WETLAND
DISTURBANCE.
10. A GRADING, DRAINAGE AND EROSION CONTROL PLAN BE SUBMITTED AND APPROVED
BY THE CITY ENGINEER.
11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS
12. DRAINAGE AND UTILITY EASEMENTS WILL NEED TO BE PROVIDED ON ALL WETLANDS AND
PONDS.
13. OUTLOT A BE COMBINED WITH THE ADJACENT PARCEL TO THE SOUTH.
14. A DEED RESTRICTION SHALL BE RECORDED LIMITING FUTURE SUBDIVISION OF LOT 3 TO 4
ADDITIONAL LOTS UNDER CURRENT ZONING REGULATIONS.
s:\document\resolutikp98-2.doc