99-045 RES RESOLUTION NO. 99-~_5
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
TROTT BROOK FARMS
Case No. P 97-8
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.
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
Motin
Dietz
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Councilmembers Dietz, Thompson, Farber, and Motin
Thefollowingvoted againstthe Resolution:
Mayor Klinzing
Thefollowing were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this _,~./d'<~ay of Q,~,,, ,1999.
~'~~Klinzing, ~orf~
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~ of the resolution as adopted by the City Council of the City of Elk
River on ~../~ ~-.-/ ,1999.
WITNESS my har,~~lly as such Clerk and the corporate seal of the
City this ~'./'"'~ay of~.,,-.¢..,...,_, ,1999.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ,~t day of
M~l~nesota. , 1999, by Stephanie Klinzing, Mayor, City of Elk River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
~"~x.4.-~ , 1999, by Sandra Peine, City Clerk, City of Elk River,
Mi~nes°t~i
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
Thor port Of the Soulhwest Oucrter and the Southeast Ouorter all in Section JS. Township J J, Range 26. ~het~ourne County. Minnesota. described
OS follows:
0 al, stance Of 4,J8.26 feet; thence North 72 degrees 42 m~nutes 05 seconds £ost. o distance o! J7.18 feet; thence No~Yh 89 degrees J7
¢~eg~ees 47 minutes JO seconds East, o d~stonce of 281.76 leer; thence North 86 degrees ;2 minutes JO seconds West. o distance of 221.45
;eec thence South 67 degrees ;5 minutes 58 seconds Wesl. o distance of ;08.57 feet; thence North 14 degrees 02 minutes 45 Seconds West.
South 67 degrees 15 minutes 58 seconds West. o distance of ~24.~1 feet; thencc N~th 69 Oegrees 23 m~utes 12 3ec~os West. o d~stonce
5JZTO feet; th~c= 5~th ~ d~s ~ m~ute$ 23 sec~d= ~st. o dist~ce of 135Z~ leer to the wes~ I~e of the east 10 r~s of the
t~ent, o distance of &74.55 feet to o point ~ the south I~e of so~d 5~thw=st ~ortcr dist~t 955. J8 feel west of the s~theost c~
Except the (Mlowin~ two porcel$:
C~menc~ at the ~t~ecti~ of the t~ent to th~ c~te~e of C~nty Stere Aid Highway No. ~2 and the 5~th llne of said ~thwest
thenc= Norlh 0 de~ree ~7 m~ute3 East o distance of 5~.~I (eec fh~ce N~th 89 de~re~s 43 m~ute$ Wesl to the west I~e of the east tO
ro~s of the West Half of SOid S~th~st ~orteC th~ce South ~g sold west line to the Highway c~t~)ne; thence S~th 50 d~ees 40
AND
~'hot port of the al)ave described. I)4n~l southwester1), of the southwesterly right of way llne of SHERSURNE COUNTY HIC, HWAY RIGHT OF WAY PL~T
NO. 7
That Contractors Prop~ly De~lopet'3 Company. o Minnesota co~porotian, ownm's and proprietors and Jolln F~ Plolsted, mortgagee, of the following
descriOed prope~'ty situated in the Count), of She(ourneo State of Minnesota. to wit:
That port of the East Half of the Southeast Ouortcr of Section ,~5o Township 3.~. Range 26, Sherourne County, Minnesota. described os follows:
Commencing at the southwest co~ner of said Southeast Ouorler of said Section 35: thence South 89 degrees 5; minutes 32 seconds East.
ossume(~ ~)eoring along the south line of said Southeast Ouortero o distance of ;399.43 feet to actual ~o~nt of Z~eginning; thence No~th O0
degrees 08 minutes 28 seconds Eosl. o distance 6t2.,12 feet: thee?ce No~th 05 degrees 06 minutes ,~.~ seconds East. o dislance of 98.82 feel;
t))ence North 68 de~rees 38 minutes 51 seconds East. a distance of 408.26 ;eec thence North 72 degrees 42 m~nutes 05 seconds East. o
distance of 3Zt8 feet; thence North 89 degrees 37 minutes 36 seconds ~ost. o dislance of 12Z4! feet; thence North 25 de,fees 26 minutes JJ
seconds East. o distance of 414.61 feet; thence North ,14 degrees 24 minutes 50 seconds £ost. a distance of 60.74 feet; thence No~th 25
oe~rees 26 m~nute3 33 sec~d$ East. o distance of 305.92 feet: thence S~th 89 de~ree3 ~7 m~utes 35 sect,s W~$t. o distance of
fe~r; thence South 87 de,ecs 34 minutes 28 set,ds west. a distance of 70.41 feet; thence N~th 86 ~e~rees 12 m~utes 30 sec~d$ West. a
dlstonc~ of 160.00 f~t; thence N~th 03 degrees 47 minutes 30 sec~ds East, o distance of 281.76 feet; th~ce N~th 86 degrees ~2
30 set,ds West. o distonc~ of 14Z61 fe~t to the w~st I~ of said East Half of the S~th~ast ~ort~ th~ce N~th ~ ~ree$ 16 minutes 49
set,ds west, ~ sam west line. o distance of 79L35 feet to the n~thwest c~ of said East Half of the 5~(heost ~uort~ three South
89 Oe~r~e5 59 minu~es 37 seconds East. oleg the n~th I~e of said East Half of the S~theosJ ~ort~. o distance of IJOS. 0J feet to the
n~heost co~ of said East Half of the Southeast ~orter; th~ce South ~ degr~s 22 m~utes 24 sec~O= East. ol~ the east lin~ of said
East Holt of the Southeast ~Ort~, o distonc~ of 2670.98 feet fo the southeast c~cr of said East Half of th~ 5~th~$t ~ort~ th~ce
~9 d~grees 51 minufcs 32 set, ds W=st. al~ said south llne of said East Half of the South~ost ~crtcr, o di$toncc of 260.01 feet to the
I~e of the we=t 4~.~ feet of the East 660.~ fe~t of said East Half of th~ Southeast ~ortec thenc~ N~th ~ de~re~s 22 m~utes 24
set, ds West, oleg 3aid east I~e of distance of 450.02 feet to the n~th I~e of the South 4~0.00 fe~t of said East Half of the
~orter; three N~t~ 89 degrees 51 minutes 32 seconds West, oleg said n~th line o distance of 400.02 feet to the west line of said East
660.00 feet; th~ce South O0 degrees 22 minutes 24 sec~ds East. oleg said w~$t I~e o distance of 450.02 feel to the said s~th I~e of said
East Half of th~ 5outheost ~crt~ Ihence N~th ~9 dcgr~$ 51 minules 32 s~c~ds West. oleg said s~th line. o dist~ce of 565.32 feel to
the point of beginn~g.
mortgagee, of the following described property situated in the Count), of .~he~'Duma. State of Minnesota. to ,,it:
T~ot part of Section ~5. Township 33. Rong~ 26. ~urne Count~ M~nesoto, desk;bed o$
of t~e 5out,east ~o~ter, o d~stonce of 1876.52 teel to the octuol point of be~nn~g; thence N~th 86 ~e~rees
~stonc~ of ~.82 le~t; t~e~ce 5outh 6~ ~e~ree~ ~5 m~ut~s 58 secon~ West. o distonc~ of 70~.57 fe~t;
mlnutcs 02 sect,s West; t~ence 5~t~ O0 de,roes 08 minute~ 09 sec~d$ fast. not lancet to lost O~scriDeE ~r~. o distance of 182.7~
th~c~ S~th 67 ~ree5 15 m~ut~s 58 seconds West, 0 dlst~ce of 724.11 fe~t; th~c~ North 69 ~cgrc~s 23 m~ut~5 f2 3ec~d$ W~st. o
JS. th~ce N~fh O0 ~egre~s ~ m~utcs 18 S~c~s W~S~. ol~ so~d west lin~. o distance of ~J29.65 le~t to the n~thwe$t C~ of said
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EXHIBIT B
1. ALL COMMENTS RAISED BY THE DEPARTMENT OF NATURAL RESOURCES BE
INCORPORATED INTO THE PLAT.
2. EACH SINGLE FAMILY LOT SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE;
CORNER LOTS SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE PER STREET
FRONTAGE.
3. THAT THE DEVELOPER PROVIDE A PEDESTRIAN AND MAINTENANCE VEHICLE CORRIDOR
TO OUTLET F FROM STREET N AS PER CITY ORDINANCE TO BE COORDINATED WITH A
SEWER AND WATER CORRIDOR TO THE EAST OF THE PLAT.
4. FRONT SETBACK OF 25 FEET FROM THE PROPERTY LINES ON ALL STREETS EXCEPT STREETS
A, F, J, O, R AND S. SIDE YARD SETBACKS SHALL BE 10 FEET, 5 FEET ON THE GARAGE SIDE
5. ALL COMMENTS OF THE CITY ENGINEER SHALL BE INCORPORATED INTO THE PLANS.
6. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE SUBMITTED
OUTLINING STYLE OF HOUSE AND FINISHED GRADES ON EACH LOT.
7. ALL STREETS BE BUILT TO CITY STANDARDS WITH THE EXCEPTION OF STREET A WHICH WILL
BE LARGER.
8. A DEVELOPERS AGREEMENT AND PUD AGREEMENT SHALL BE SIGNED AND RECORDED
PRIOR TO RECORDING THE PLAT.
9. PARK DEDICATION FEES BE PAID PRIOR 1'O RELEASING THE PLAT FOR RECORDING.
10. SURFACE WATER MANAGEMENT FEES BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
11. HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY THE CITY PRIOR TO
RELEASING THE PLAT FOR RECORDING.
12. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES RECOMMENDATIONS.
13. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
14. 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.
15. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
16. ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS, AND LATERAL
WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
17. ALL NECESSARY PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING WORK WITHIN
ANY EASEMENTS.
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18. ALL COMMENTS FROM PHIL HALS, THE STREET/PARK SUPERINTENDENT, IN HIS MEMO
SHALL BE INCORPORATED INTO THE PLANS.
19. ALL MAILBOXES SHALL BE CLUSTERED.
20. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND
NEIGHBORHOOD SIGNS.
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