99-046 RESRESOLUTION NO. 99 -46
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
TROTT BROOK FARMS SECOND ADDITION
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.
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
Dietz
Councilmembers
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Dietz, Thompson, Farber, and Motin
The following voted against the Resolution:
Mayor Klinzing
The following were absent:
None
WHEREUPON the resolution is adopted.
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Passed and adopted this_,~./'~ay of <~,,¢~-.-,~ , 1999.
~Steph~hie Klinzin§, M~or [
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 _ _ __/ .z../ , 1999.
WITNESS my h.,~nd officially as such Clerk and the corporate seal of the
City this:~/,'~V"day of c/~-~ ,1999.
:~an'dra Peine, "-- '
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
e foregoing instrument was acknowledged before me this ~
, 1999, by Stephanie Klinzing, Mayor, City of Elk
M~'nnesota.
__ day of
River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this c7-( day of
/'~,~ , 1999, by Sandra Peine, City Clerk, City of Elk River,
Mit~nesota.
ALICE K. HEINECKE ~
NOTARY PUBLIC-MINN£SOTA
SHERBURNE COUN'r~
My Commission F. xpimSJa't. 31 2000
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
Outlot F, Trott Brook Farms, according to the recorded plat thereof, Sherburne
County, Minnesota.
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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 TO 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 LE1'rER 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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