99-035 RES RESOLUTION NO. 99 - 35
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
LEON LEFEBVRE SECOND ADDITION
Case No. P 98-9
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 16, 1999; 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.
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.
o
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.
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
Farber and duly seconded by Council Member
motion carr'ied 5-0
Council Member
Motin The
WHEREUPON the resolution is adopted.
Passed and adopted this /O-~clay of ~..~ ,1999.
/
Stepl~anie Klinzing, Ma~ [
CERTIFICATE
Resolutions / P 98-9 Page 2
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 ~ /~ ,1999.
/
WITNESS my hand officially as such Clerk and the corporate seal of the
City this //~ day of ~ ,1999.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /d day of
L-/~_ ,,,2.~//~ , 1999, by Stephanie Klinzing, Mayor, City of Elk River,
Minnescffa.
Notary Public
Resolutions / P 98-9 Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /~¢~lay of
~/3~,~,..,.,~ , 1999, by Sandra Peine, City Clerk, City of Elk River,
· ¢_~
M~nnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
Resolutions / P 98-9 Page 4
EXHIBIT A
Lot 1 and OUTLOT B, LEON LEFEBVRE ADDITION, Sherburne County, Minnesota
and
That part of the North Half of the Northeast Quarter of Section 11, Township 32, Range
26, Sherburne County, Minnesota which lies Southwesterly of the Burlington Northern
Railroad and which lies Northwesterly of a line drawn parallel with a distant 18.048
meters (59.21 feet) Northwesterly of the following described line:
Beginning at the Southwest corner of the Northeast Quarter of the Northwest Quarter of
said Section 11; thence South 89 degrees 59 minutes 53 seconds East, on an assumed
bearing along the South line of said Northeast Quarter of the Northwest Quarter, a
distance of 73.704 meters (241.81 feet); thence Easterly, a distance of 39.866 meters
(130.79 feet) along a tangential curve concave to the North having a radius of 198.567
meters (651.47 feet) and a central angle of 11 degrees 30 minutes 11 seconds; thence
North 78 degrees 29 minutes 56 seconds East, tangent to the last described curve, a
distance of 10.000 meters (32.81 feet); thence Easterly, a distance of 39.866 meters
(130.79 feet), along a tangential curve concave to the South having a radius of 198.567
meters (651.47 feet) and a central angle of 11 degrees 30 minutes 11 seconds; thence
South 89 degrees 59 minutes 53 seconds East tangent to the last described curve, a
distance of 196.608 meters (645.04 feet); thence Easterly and Northeasterly, a distance
of 84.945 meters (278.69 feet) along a tangential curve concave to the Northwest
having a radius of 125.000 meters (410.10 feet) and a central angle of 38 degrees 56
minutes 09 seconds; thence North 51 degrees 03 minutes 58 seconds East, tangent to
the last described curve, to the Southwesterly right-of-way line of said Burlington
Northern Railroad and there terminating.
Resolutions / P 98-9 Page 5
EXHIBIT B
THE DEVELOPERS AGREEMENT BE AMENDED, SIGNED AND EXECUTED OUTLINING
THE TERMS AND CONDITIONS OF APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
o
THE PLANNED UNIT DEVELOPMENT AGREEMENT OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS BE PREPARED, SIGNED AND EXECUTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
o
A TEMPORARY EASEMENT FOR CONSTRUCTION OF SEWER AND WATER BE
GRANTED TO THE CITY IN EXCHANGE FOR OWNERSHIP OF THE CITY PARCEL PRIOR
TO RELEASING THE PLAT FOR RECORDING.
4. THE EXISTING DRAINAGE AND UTILITY EASEMENT BETWEEN LOT 1, BLOCK 1 AND
OUTLOT A BE VACATED PRIOR TO RELEASING THE PLAT FOR RECORDING.
Resolutions / P 98-9 Page 6