99-013 RESRESOLUTION NO. 99 - 13
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Hidden Creek Addition
Case No. P 97-17
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 February 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:
Ao
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
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.
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.
Go
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
Dietz and duly seconded by Council Member
Farber The following voted in favor of the Resolution.
Mayor Klinzing
Councilmembers: Dietz, Thompson, Farber, and Motin
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 ] a~-h day of Febz'uary , 1999.
~'~S~nzi~n~,'f~' aY~o
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
CERTIFICATE
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 ~;r?~_..~_. / ~,. ,1999.
WITNESS my ha~officially as such Clerk and the corporate seal of the
City this//~ ~day of ~'~.-~/.z~;~-~.,.~.~?, ,1999.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~
~,.~~~,~.,/,.~ , 1999, by Stephanie Klinzing, Mayor, City of Elk
Minnesota'"."
day of
River,
~ NOTARY PUgLIC-MINNESOTA
~.,,Y~7 SHERBURNE COUNTY
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this / ~,:, day of
,i-~'z.c?~z.~ , 1999, by Sandra Peine, City Clerk, City of Elk River,
Minnesota. ~
NOTARY PUBUC-MINNESOTA ~
SHERBURNECOUNTY ~(
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
That part of the Northeast Quarter of the Southeast Quarter of Section 29, Township
33, Range 26 in Sherburne County, Minnesota, described as follows: Beginning at the
Northwest corner of said Northeast Quarter of Southeast Quarter; thence South 0
degrees 17 minutes 30 seconds West (assumed bearing) along the West line thereof a
distance of 822.26 feet; thence East parallel with the North line of said Northeast
Quarter of Southeast Quarter a distance of 251.16 feet; thence North at right angles a
distance of 822.13 feet, more or less, to an intersection with the north line of said
Northeast Quarter of Southeast Quarter; thence West along said North line a distance of
236.64 feet, more or less, to the point of beginning.
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o
EXHIBIT B
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE
FINAL PLAT FOR RECORDING.
WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
DEVELOPER CONSTRUCT A 10' WIDE BITUMINOUS TRAIL AND INSTALL SANITARY SEWER
ALONG MEADOWVALE ROAD AS PART OF MEADOWVALE TOWNHOUSE DEVELOPMENT.
DETAILS OF THE TRAIL SHALL BE INCLUDED IN CONSTRUCTION PLANS THAT CAN BE
REVIEWED BY THE CITY ENGINEER. A REIMBURSEMENT TO THE DEVELOPER IN THE
AMOUNT OF $10 PER LINEAR FOOT WILL BE CREDITED TO THE PARK DEDICATION
REQUIREMENT FOR THE HIDDEN CREEK OUTLOT REPLAT.
THE APPLICANT WORK WITH SHERBURNE COUNTY AND THE DNR TO FILL AND EXTEND
THE CULVERT ON THE EAST SIDE OF MEADOWVALE ROAD. PERMITS FROM THE DNR MUST
BE OBTAINED PRIOR TO ANY GRADING OR FILLING ADJACENT TO THE CREEK. COPIES
OF ALL PERMIT SHALL BE PROVIDED TO THE CITY.
DEVELOPER BE RESPONSIBLE TO PAY A LATERAL MAIN ASSESSMENT FOR LOT 1, BLOCK 1
AND THE OUTLOTS WHEN THEY ARE PLATTED
THE DEVELOPER PAY TRUNK SANITARY SEWER AND WATER MAIN ASSESSMENT WHEN
THE OUTLOTS ARE PLATTED.
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