99-073 RESo
Nothing herein shall be imerpreted to give Bresnan additional rights or opportunities to
trigger the provisions of 47 U.S.C. § 546(a)-(g), or to require the City or the
Sherbume/Wright Counties Cable Communications Commission to conduct or reconduct
hearings or other actions properly taken in conjunction with any renewal proceedings
under the current Franchise.
Se
affected by this extension.
PASSED AND ADOPTED by the City Council this/f__~day of
.... ~ayo~j
City Administrator
No claim that either party may have against the other shall be released or otherwise
, 1999.
ATTEST:
Introduced
Adopted
Published
Effective
Accepted by Bresnan Telecommunications Company, LLC this __
day of ,1999:
By:
Title
RESOLUTION NO. 99 - 73
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Preserve Estates
Case No. P 99-10
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 October 11, 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:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms to 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
Page I
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.
Fo
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 resolution was introduced by Council
'I~ompson and duly seconded by Council Member ~__
following voted in favor of the Resolution:
Mayor Klinzing - Councilmembers Dietz, Thompson,
and Motin
Member
The
Farber,
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 11st day of October, 1999.
..... Stepi~ianie Klinzing, M'~yor
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 L'(,/)~. /1 , 1999.
WITN~E.SS my ha, p~l officially as such Clerk and the corporate seal of the
City this //~'"day of ('.~/'p~ ,1999.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this I(
i~)~ , 1999, by Stephanie Klinzing, Mayor, City of Elk
Minnesota.
ARY PUBLIC-MiNNESOTA
Commission Expires Jan. 31,
day of
River,
T',lota ry Public
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Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this i( day of
~;~)_r',~_ _~ , 1999, by Sandra Peine, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
GRAY, PLANT, MOOTY, MOOTY AND BENNETT
PETER BECK
3400 CITY CENTER
33 SO SIXTH STREET
MINNEAPOLIS MN 55402
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EXHIBIT A
The North Half of the Southeast Quarter of Section 23, Township 33, Range 26.
Less and except all that part of the South 420 feet, as measured along the West line, of
the Northwest ¼ of the Southeast ¼, of Section 23, Township 33, Range 26, lying
Westerly of a line described as beginning at a point on the South line of said Northwest
¼ of the Southeast ¼ a distance of 687.73 feet East of the Southwest corner thereof;
thence Northwesterly to terminate at a point on the North line of said South 420 feet a
distance of 417.00 feet East of the West line of said Northwest ¼ of the Southeast ¼ as
measured along said North line of the South 420 feet.
Also less and except that part of the Northwest Quarter of the Southeast Quarter of
Section 23, Township 33, Range 26, described as follows: Commencing at the
Northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 00
degrees 47 minutes 45 seconds West along the West line of said Northwest Quarter of
the Southeast Quarter, a distance of 340.39 feet; thence South 89 degrees 12 minutes
15 seconds East, a distance of 102.20 feet; thence easterly along a tangential curve
concave to the north having a radius of 1130.00 feet and a central angle of 6 degrees 08
minutes 12 seconds, a distance of 121.03 feet to the point of beginning; thence
continuing easterly along said tangential curve having a radius of 1130.00 feet and a
central angle of 5 degrees 21 minutes 21 seconds, a distance of 45.80 feet; thence
South 11 degrees 43 minutes 38 seconds West, a distance of 395.52 feet; thence North
71 degrees 28 minutes07 seconds West, a distance of 167.98 feet; thence South 58
degrees 54 minutes 35 seconds West, a distance of 88.33 feet; thence North 00
degrees 47 minutes 45seconds East, a distance of 308.28 feet to the point of beginning.
And that Leonard W. Wirtz and Helen M. Wirtz, husband and wife, fee owners of the
following described property situated in the County of Sherburne, State of Minnesota, to-
wit:
That part of the Northwest Quarter of the Southeast Quarter of Section 23, Township
33, Range 26, described as follows: Commencing at the Northwest corner of said
Northwest Quarter of the Southeast Quarter; thence South 00 degrees 47 minutes 45
seconds West along the West line of said Northwest Quarter of the Southeast Quarter,
a distance of 340.39 feet; thence South 89 degrees 12 minutes 15 seconds East, a
distance of 102.20 feet; thence easterly along a tangential curve concave to the north
having a radius of 1130.00 feet and a central angle of 6 degrees 08 minutes 12
seconds, a distance of 121.03 feet to the point of beginning; thence continuing easterly
along said tangential curve having a radius of 1130.00 feet and a central angle of 5
degrees 21 minutes 21 seconds, a distance of 45.80 feet; thence South 11 degrees 43
minutes 38 seconds West, a distance of 395.52 feet; thence North 71 degrees 28
minutes07 seconds West, a distance of 167.98 feet; thence South 58 degrees 54
minutes 35 seconds West, a distance of 88.33 feet; thence North 00 degrees 47
minutes 45seconds East, a distance of 308.28 feet to the point of beginning.
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EXHIBIT B
A DEVELOPERS AGREEMENT AND PUD AGREEMENT BE PREPARED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND
INSTALLATION OF IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR
RECORDING.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
THAT WRITTEN APPROVAL IS OBTAINED FROM THE APPLICABLE
PROPERTY OWNERS, PRIOR TO GRADING OFF SITE ON PRIVATE PROPERTY.
4. THAT SOIL BORINGS BE CONDUCTED ON LOTS AS REQUIRED BY THE CITY
ENGINEER PRIOR TO FINAL PLAT TO ENSURE SUITABILITY FOR SEPTIC
SYSTEMS.
5. THAT SEPTIC AREAS BE FENCED DURING CONSTRUCTION TO PREVENT
COMPACTION.
6. THAT A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED, SUBJECT
TO THE CITY ATTORNEY REVIEW AND APPROVAL, PRIOR TO RELEASING
THE FINAL PLAT FOR RECORDING.
7. THAT THE DNR REVIEW AND APPROVE THE HOMEOWNERS ASSOCIATION
MAINTENANCE AGREEMENT FOR INDIVIDUAL SEPTICS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
THAT THE OPEN SPACE CONTAINED IN OUTLOTS A & B BE PERMANENTLY
PROTECTED WITH A CONSERVATION EASEMENT AND RECORDED AT THE
SAME TIME AS THE FINAL PLAT.
THAT THE HOMEOWNERS ASSOCIATION DOCUMENTS INDICATE THAT THE
OUTLOTS IN THE DEVELOPMENT ARE OWNED IN COMMON BY ALL
RESIDENTS OF THE DEVELOPMENT.
10. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
11. THAT A LETTER OF CREDIT IS PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COSTS OF PUBLIC IMPROVEMENTS.
12. 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.
13.
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.
14.
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED BY THE
CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT
FOR RECORDING.
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15.
16.
A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
THAT ANY TREES TO BE PROTECTED WITHIN THE LIMIT OF GRADING OR
OFF-SITE, BE FENCED TO THE DRIPLINE TO PREVENT GRADING,
COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT.
17.
ALL LOTS SHALL HAVE A BUILDABLE AREA LARGE ENOUGH TO
ACCOMMODATE A 70 'X 50' BUILDING PAD AND A DISTANCE OF 30 FEET
BETWEEN THE HOUSE AND ANY WETLAND.
18. 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.
19. A LANDSCAPE PLAN SHALL BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. THE LANDSCAPE PLAN SHALL INCLUDE FRONT YARD
AND BOULEVARD TREES AND LANDSCAPE SCREENING AS REQUIRED BY
ELK RIVER CITY ORDINANCE.
20.
THAT A TEMPORARY CUL-DE-SAC IS INSTALLED AT THE NORTH END OF
POLK STREET NW IN THE PLAT AND AN EASEMENT BE DEDICATED FOR THE
TEMPORARY CU- DE-SAC.
21. MINIMUM SETBACK REQUIREMENTS FOR THE PRINCIPLE STRUCTURE
SHALL BE AS FOLLOWS:
FRONT YARD 35 FEET
SIDE YARD 20 FEET
GARAGE SIDE 20 FEET
REAR YARD 30 FEET
22. ACCESSORY STRUCTURE SETBACKS SHALL BE:
FRONT YARD 35 FEET
SIDE YARD 20 FEET
REAR YARD 30 FEET
23.
24.
THAT AN EASEMENT DOCUMENT BE PROVIDED, PRIOR TO RELEASING THE
PLAT FOR RECORDING, FOR A 10 FEET WIDE EASEMENT TO THE EAST OF
TYLER STREET WHICH MAY BE USED FOR TRAIL PURPOSES.
THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT
BE RECORDED ON THE MITIGATION AREAS.
25.
26.
THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE
WETLAND MITIGATION ON THE DEVELOPER.
THAT THE LETTER OF CREDIT COVERING THE PUBLIC IMPROVEMENTS
ASSOCIATED WITH THE PROJECT ALSO INCLUDE THE COST OF THE
MITIGATION WORK.
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27. THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE
REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS
COMPLETED AND THAT THIS REPORT BE APPROVED BY THE CITY STAFF
PRIOR TO RELEASING OF THE LETTER OF CREDIT.
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