99-078 RES RESOLUTION NO. 99 - 78
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Lafayette Woods Fourth Addition
Case No. P 99-11
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 June 19, 1995; 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 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.
Co
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.
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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.
Eo
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 resolution was introduced by Council Member
])£et~. and duly seconded by Council Member Thompson The
following voted in favor of the Resolution:
Mayor Kilns. lng, Council Members Dietz, Thompson, and Motin
Thefollowing voted againstthe Resolution:
None
Thefollowing were absent:
Council Member Farber
WHEREUPON the resolution is adopted.
Passed and adopted this 18th day of October, 1999.
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._/'~Ste~hanie Klinz' g,~; y
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
resolution as adopted by the City Council of the City of Elk
correct cop..,,v of the
River on ~0__,~. / ~' ,1999.
WIT~IESS my ~/~)~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 /~
, 1999, by Stephanie Klinzing, Mayor, City of Elk
Minnesota.
__ day of
River,
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
,.. The foregoing instrument was acknowledged before me this
~ , 1999, by Sandra Peine, City Clerk, City of
Minnesota.
/~ day of
Elk River,
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
OUTLOT C of the duly recorded plat of LAFAYETTE WOODS SECOND
ADDITION.
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EXHIBIT B
A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS
OF THE PLAT APPROVAL AND NECESSARY IMPROVEMENTS BE
PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC
IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
o
A SURETY BOND IN THE AMOUNT OF 25% BE PROVIDED TO THE CITY
UPON COMPLETING PUBLIC IMPROVEMENTS FOR A ONE YEAR PERIOD
TO GUARANTEE QUALITY OF WORK.
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT AND PRIOR TO RELEASING
THE PLAT FOR RECORDING.
o
PARK DEDICATION FEE BE PAID IN THE AMOUNT OF $900 PER
RESIDENTIAL LOT AT THE TIME OF FINAL PLAT AND PRIOR TO
RELEASING THE PLAT FOR RECORDING.
A SEAL COATING FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT AND PRIOR TO RELEASING THE PLAT FOR
RECORDING.
8. STREET LIGHTS BE PROVIDED PER ELK RIVER UTILITIES
RECOMMENDATION.
9. A GRADING, DRAINAGE AND EROSION CONTROL PLAN BE SUBMITTED
AND APPROVED BY THE CITY ENGINEER.
10. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
11. A WATER ACCESS CHARGE IN THE AMOUNT OF $300 PER LOT BE PAID TO
ELK RIVER MUNICIPAL UTILITIES PRIOR TO RELEASING THE PLAT FOR
RECORDING WITH SHERBURNE COUNTY.
12. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, A DEVELOPMENT PLAN
WILL NEED TO BE SUBMITTED AND APPROVED OUTLINING THE STYLE OF
HOMES AND FINISHED FLOOR ELEVATIONS PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
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