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07-083 RES• RESOLUTION NO. 07- 83 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: ROCKY RIDGE ESTATES Case No. P 07-10 WHEREAS, application has been made for final plat approval, pursuant to Section 30-374 (a-g) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "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: A. The proposed plat is consistent with the Land Use Regulations and conforms with all of its requirements. • B. The proposed plat is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. C. 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. D. The proposed plat makes adequate provision fox water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed plat will not cause substantial environmental damage. F. The proposed plat will not conflict with easements of record or with easements established by judgment of a court. G. The proposed plat will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. • • 3. 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. 4. The owner of the Property is authorized to record the final plat as requited 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 Gumphrey and duly seconded by Council Member Farber The following voted in favor of the Resolution. Mayor Rlinzing, Councilmembers Zerwas, Gumphrey, Motin, The following voted against the Resolution: and Farber None The following were absent: None WHEREUPON the resolution is adopted. • Passed and adopted this 15`'' day of October, 2007. ATT'F,, : ,,~ ....--' Tina Allatd, City Clerk ..__ Ste hanie Klinzing, or S:\PLfiNNING\Case Files\Plat\P 07-10 Rochy Ridge Estates\Resolution.doc Page 2 r~ EXHIBIT A Legal Description PROPERTY DESCRIPTION (P/N No. 75-122-1206) Per Document No. 282228 That part of the East Half of Runge 26, Sherburne County, the Northwest. Quarter, Section 22, Township 33, Minnesota described as follows: Beginning at a point on the South line of the North Half of Section 22 d/sfant 2045.43 feet Easterly o/ong sold South line from the Southwest corner of said North Ha/f,• thence North 00 degrees 38 minutes 05 seconds West, assumed bearing, perpendicular to said South line 765.00 feet; thence -South 89 degrees 2l minutes 55 seconds West, parallel with said South line, 710.76 feet to the West line of said East Half of the- Northwest Quarter; thence South 00 degrees 2/ minutes DO seconds West, along said West line, 765.11 feet, to the Southwest corner of said East Half of the Northwest. Quarter; thence North 89 degrees 2l minutes 55 seconds East, along said South line, 723.9/. feet to the point of beginning. AND Per Document No. 2/9447 That port of the North Half of Section 22, Township 33, Range 26, Sherburne County, Minnesota described as follows: Beginning at o point on the .South line of said North Half distant 2046.43 feet Easterly along said South, line from the Southwest corner of -.sold North Ha/f,• thence North 00 degrees 38 minutes 05 seconds West, assumed bearing, perpendicu/or to said South line 765.00 feet; thence North 89 degrees 2I minutes 55 seconds Eost parallel with said South line 878 34 feet to the. intersection with the Westerly line of U.S Highway No.' 169; thence South 04 degrees l3 minutes 36 seconds West along said. Westerly line 767.76 feet to its intersection. with sold South line; thence South 89 degrees 2/ minutes 55 seconds West along said South line 8/3.27 feet to fhe point of beginning. LESS THAT PART • Per Document No. 4809// That part of the Southwest Quarter of the Northeast Quarter and the Southeast 4uarter of the Northwest Quarter of Section 22, .Township 33 North, Range 26 West, shown as Parcel 3/3L on Minnesota Department of Tronsportotion Right .ot Woy Plat Numbered 7/-2/ os the some is on file and of record in the office of the. County Recorder in and .for Sherburne County, Minnesota. S:\PLANNING\Case Files\Plat\P 07-10 Rocky Ridge Estates\Resolution.doc Page 3 • EXHIBIT B 1. A wetland buffer of 25 feet applies to all wetlands and a structure setback of 20 feet from the buffer applies. 2. Park dedication shall be provided in the following manner: Park Dedication fee per residential lot (currently $3,300), fee established and payable at the time the Final Plat is released. 3. All required subdivision/park information shall be provided in an electronic format (.dwg file) as required by the City Ordinance and Land Use Application prior to recording of the plat. 4. This approval of the Preliminary Plat shall expire after 1 year, unless the property owner or owner's agent has submitted a Final Plat or letter of request for extension. 5. Subject to all comments in MnDot letter dated October 27, 2007. • • S:\PLANNING\Case Files\Plat\P 07-10 Rocky Ridge Estates\Resolution.doc Page 4