99-044 RES RESOLUTION NO. 99- 44
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ISLAND VIEW 5TM ADDITION
Case No. P 99-7
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
referred to the Planning Commission
recommendation to the City Council; and
preliminary plat approval has been
which has given its advice and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on May 24, 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:
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.
The physical characteristics of the site, including, but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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.
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
Motin
Klinzing
resolution was introduced by Council Member
and duly seconded by Council Member
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 ,~./~ay of ~,,~.¢,,~ ,1999.
Stepl"Canie Klinzing,lvtayor
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 co~(' of the resolution as adopted by the City Council of the City of Elk
River on c,,/:/,,.,,~ ~./ ,1999.
WlTNE.,SS my har~ officially as such Clerk and the corporate seal of the
City this,,,zf'"Cday of(.../J.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
Minn
esota.
__ day of
River,
NOTARY PUBLIC-MINNESOTA
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
~ , 1999, by Sandra Peine, City Clerk, City of Elk River,
I~nnesota.
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
Legal Description:
That part of the Southeast Quarter of the Southeast Quarter of Section 30. Township 33. Range 26. S'nerburue
County, Minnesota described as follo~ra:
Be£in~ln~ at the Sherburma County Witness Corner Monument on the East line of said Southeast Quarter of
the Sou~e~ Quoter, a ~t~ce of 96.00 feet no~h of ~e Sou~east co. er of ~d Section 30 (the North
'~ne of ~d Sou~e~ Qua~er of the Southe~t Quoter ~ ~s~ed to bear No~ 89 de~e~ 3~ m~utes 14
s~on~ West): thence Sou~ 76 degrees 34 mlnuLes 30 seconds We~, a distance of ~.00 feet; thence South
88 degrees 29 m~utes ~9 seconds West, a dis~ce of 687.41 'feet to the east l~e of ~e duly r~orded pl~t
of E~ R~R TO~ RO~ ~GHT OP WAY P~T ~0. 1. three Nor~ 5 de~ees 32 minutes 13 seconds East.
alone the ea~ ~ne of s~d E~ R~ ~SHIP RO~ ~G~-OF-~AY P~T NO. I. a distance of 258.~ feet:
thence North 23 de~ees 02 m~utes 24 secon~ %'e~. ~onE said ea~ ~ht-of-way ~ne. a di~ance of 157.40
feet; ~encc No~h 45 de~ees ~7 minutes 28 secou~ West. alon~ s~d e~t c~ht-oi-way line. ~ ~ce of
107.~5 feet: thence alou2 said ~st ~tht-of-way line. alo~ a t~2enti~ cu~e. concave to ~he southwest.
he,nE a radius of 188.9~ feet ~d a central an~le of 18 de~re~ 50 minutes 18 seconds, a ~stance of 62.1~
feet to the south l~e of ~e d~y recorded plat of RI~R PINE ~DI~ON. thence South 89 de,tees 32 minutes
4 seconds Ea~. not tan=ant to said cu~e. alon~ the sou~ l~e of said ~R PINE ~DITION and its easter}y
extension, a ~stance of 166.99 feet; ~ence South 79 de,tees 54 minutes 40 seconds East. a di~ance of
3~0.00 feet; ~ence Nor~ 0 de~ees a9 ~nutes 55 seconds Ea~. a ~st~ce of 327.a6 feet to the South line
of the No~h 511.14 feet of the said Southea~ Quoter of ~e Southeast Quarter: ~ence South 89 de,tees 52
minute~ 14 seconds East. alon~ said South ~=e of the North 511.14 feet. a dis~nce of 446.30 teat to the East
~e of ~e said Sou~east Quarter of the Southeast Quarter. thence South 0 de,tees 12 minu~es ~7 seconds
East, a ~st=nce of 741.13 t~t to the po~t of be~nini.
ConLaining 11.58 acres, more or less. Subject to easements of record, if any.
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EXHIBIT B
1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF
THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND
EXECUTERD PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
3. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE
CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL
BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
4. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME
OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE
COUNTY.
5. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO
THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
6. A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED
AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
7. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCE OF BUILDING PERMITS.
8. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL
UTILITIES.
9. ALL WETLANDS ON THE SITE SHALL BE IDENTIFIED AND DELINEATED AND ALL WETLAND
PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING ANY WORK IN A WETLAND.
10. A REALISTIC TREE PRESERVATION PLAN BE PROVIDED SHOWING WHICH TREES WILL BE
PRESERVED.
11. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
12. ALL MAILBOXES SHALL BE CLUSTERED.
13. 13.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
14. APPROPRIATE EASEMENTS BE PROVIDED ON ALL LOTS INCLUDING THOSE AREA WHICH
ARE SUBJECT TO PONDING, FLOODING OR WETLANDS.
15. SOIL BORINGS AND PERCULATION TESTS WILL NEED TO BE PROVIDED WITH EACH
BUILDING PERMIT APPLICATION
16. A 30 FOOT TRAIL CORRIDOR BE PROVIDED BETWEEN LOT 1, BLOCK 2 AND LOT 1, BLOCK
3. A MINIMUM 10 FOOT WIDE PEDESTRIAN TRAIL BE INSTALLED BY THE DEVELOPER, AT THE
SAME TIME AS THE STREET, WHICH CONNECTS THE CUL DE SAC WITH 189TM AVENUE.
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17. THAT THE TRAIL CORRIDOR IS INTENDED TO PROVIDE EMERGENCY ACCESS AND SHOULD
BE DESIGNED AND CONSTRUCTED TO SPECIFICATION SET BY THE FIRE CHIEF.
18. THE TRAIL CORRIDOR SHALL BE LABELED AS AN OUTLOT.
19. THE STREET NAME AS RECOMMENDED BY THE CITY.
20. COVENANTS SHALL BE PLACED ON THE PROPERTY BY THE DEVELOPER THAT NO
CONNECTION TO THE ROAD FROM THE NORTH OR TO THE WEST BE PERMI'I'rED WITHOUT
100 PERCENT APPROVAL OF ALL THE RESIDENTS WITHIN THE ADDITION AND THE CLOSING
OFF OF ISLAND VIEW EXCEPT FOR EMERGENCY ACCESS ONLY.
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