99-043 RESRESOLUTION NO. 99 - 43
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Meadow Townhomes
Case No. P 99-5
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 May 17, 1999; 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:
1. 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.
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 Council Member Motin and
duly seconded by Council Member Dietz. The following voted in favor of
the Resolution.
Mayor Klinzing, Council Members 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 21st day of June, 1999.
St~nzing, M~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 cop. y, of the resolution as adopted by the City Council of the City of Elk
River on .(~..~......_._ _..p f ,1999.
//
W~NESS my hanj;l~fficially as such Clerk and the corporate seal of the
City this_.-2/,'"~ay of (.,~./~.,.~ ,1999.
S'~n~l'ra 1Seine, ~ty Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this o~(
~,~ , 1999, by Stephanie Klinzing, Mayor, City of Elk
rV~nnesota.
__ day of
River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~.~r~h~ ~e foregoing instrument was acknowledged before me this
, 1999, by Sandra Peine, City Clerk, City of
Mi~l'nesota.
~--- ~i-cE K, HEINECKE ~
~ ~ NOTN:iy PU BLIC-MIN N ESOTA ~
~ ~,,~.~ SHERBURNE COUNTY [~{
~-[' day of
Elk River,
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 East Half of the Southeast Quarter of Section 29, Township 33,
Range 26, described as follows: Commencing at the northwest corner of said
East Half of said Southeast Quarter; thence South 1 degree 04 minutes West
along the West line thereof, a distance of 822.26 feet to the point of beginning of
the land to be described; thence continue South 1 degree 04 minutes West, a
distance of 258.32 feet; thence North 89 degrees 31 minutes East, a distance of
17.56 feet to the centerline of Meadowvale Road; thence along said centerline
on a curve to the left with a radius of 336.52 feet and a central angle of 43
degrees 44 minutes, a distance of 256.86 feet; thence along said centerline on
the tangent of the last described curve, a distance of 44.93 feet; thence along
said centerline on a curve to the right with a radius of 195.12 feet, and a central
angle of 24 degrees 19 minutes 51 seconds to its intersection with the northerly
line of the Northern Pacific Railroad and Great Northern Railroad right-of-way,
thence South 81 degrees 37 minutes East along said right-of-way to its
intersection with a line parallel with and 400 feet East of the West line of said
East Half of the Southeast Quarter, said 400 feet measured on a line parallel
with the North line of said Southeast Quarter; thence North 1 degree 04 minutes
East parallel with said West line, a distance of 622.03 feet to intersect a line
drawn parallel with said North line and East from the point of beginning; thence
West along said parallel line 400.00 feet to the point of beginning. Except that
part platted as Meadowvale Heights Second Addition.
AND
That part of the East Half of the Southeast Quarter of Section 29, Township 33,
Range 26, described as follows: Commencing at the Northwest corner of said
East Half of the Southeast Quarter; thence South 1 degree 04 minutes West
along the West line of said East Half of the Southeast Quarter, a distance of
822.26 feet; thence East parallel with the North line of said Southeast Quarter, a
distance of 400 feet to the actual point of beginning of the land to be described;
thence continue East parallel with said North line, a distance of 339.81 feet to
intersect a line drawn southerly at right angles to the north line of said East Half
of the Southeast Quarter from a point on said north line distant 725.29 feet east
of the northwest corner thereof; thence South at right angles a distance of
673.76 feet to intersect the Northerly right-of-way line of the Northern Pacific and
Great Northern Railways; thence North 81 degrees 37 minutes West along said
right of way 354.58 feet, more or less, to intersect a line parallel with the West
line of said East Half of the Southeast Quarter drawn through the point of
beginning; thence North 1 degree 04 minutes East along said parallel line
622.903 feet, more or less, to the point of beginning.
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EXHIBIT B
10.
11.
12.
13.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR
TO RELEASING THE FINAL PLAT FOR RECORDING.
ALL COMMENTS OF THE CITY ENGINEER BE INCORPORATED INTO THE FINAL
PLAT.
APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT
THE PLAT.
A 10 FOOT WIDE TRAIL BE INSTALLED ALONG MEADOWVALE ROAD WHICH
MEANDERS THROUGH THE TREES AND VARIES IN DISTANCE FROM MEADOWVALE
ROAD, IN ORDER TO PRESERVE THE TREES.
PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
SURFACE WATER MANAGEMENT FEES TO BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
ALL NECESSARY WETLAND PERMITS BE OBTAINED PRIOR TO COMMENCING ANY
WORK IN THE WETLANDS.
ALL NECESSARY WATER AVAILABILITY CHARGE BE PAID TO ELK RIVER UTILITIES
PRIOR TO RELEASING THE PLAT FOR RECORDING.
ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS ALONG WITH
A LATERAL WATER ASSESSMENT BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
THAT A LEI'I'ER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100
PERCENT OF THE COSTS OF PUBLIC IMPROVEMENTS.
UPON COMPLETION OF THE IMPROVEMENTS AND ACCEPTANCE BY THE CITY
WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENTS SHALL BE
SUBMITTED TO THE CITY FOR A PERIOD OF ONE YEAR.
TREES THAT ARE TO BE RESERVED SHALL BE MARKED, AND IF THE TREES DIE WITHIN
TWO YEARS OF COMPLETION OF CONSTRUCTION THE DEVELOPER SHALL
REPLACE THOSE TREES WITH AN EQUAL NUMBER OF CALIPER INCHES OF TREES
THAT MEET THE CITY'S REQUIREMENTS OF SIZE AND SPECIES AND THAT THE
CONIFERS SHALL BE A MINIMUM OF 8 FEET, AND THAT ANY EXTRA CALIPER
INCHES BE PLACED ELSEWHERE IN THE CITY AT THE DISCRETION OF CITY STAFF.
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