99-080 RESRESOLUTION NO. 99 -80
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
ELK RIVER CROSSING
Case No. P 98-8
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 May 17, 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 with all of its requirements.
Bo
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.
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
Motin and duly seconded by Council Member
Di,~t~ The following voted in favor of the Resolution.
Mayor Klinzing, Council Members Dietz, Thompson, and Motin
The following voted against the Resolution:
None
The following were absent:
Council Member Farber
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WHEREUPON the resolution is adopted.
Passed and adopted this /'f~'day of
,1999.
'" Stephanie Klinzing M~a)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, y_~of the resolution as adopted by the City Council of the City of Elk
River on ~'(/~~ /? ,1999.
WITNESS my ~.~~y
City this/~('~day of
as such Clerk and the corporate seal of the
,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,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
/~ day of
,1999, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
~ ~ ALICE K. HEINECKE ~'~
~ [.-"~ NOTAR~Y PUBLIC-MINNESOTA ~
,~ ~._~.,~ SH~BURNE COUN~ ~
~ ~ MyComm~[ca~pir~.31,2000~
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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Legal Description:
EXHIBIT A
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EXHIBIT A
KNOW ALL U£N BY THI[$£ PRESENTS: That Associated Developers of Elk River,
Inc., a Minnesota corporation, fee owner of {;he following described property
situated in [he County of Sherburne, State of ~innesota {o wit:
That port of the Southeast Quarter of the Southeast Quarter of Section 34.,
Township 33, Range 26, lying easterly of the right-of-way of U.S. Highway No, 169.
Except that portion thereof which lies within the folJowing described oreo:
A strip of land 67.00 feet. in widt.h the North and Northeasterly tine of which is
described as follows: Commencing at the Southeast comer of JOHNSON PLAT,
occordlng to said plot on file and of record in the office of the County Recorder,
Sherburne County, Minnesota; thence South 88 degrees 50 minutes 00 seconds
West, on on assumed bearing along the South line on~ its westerly extension of
said JOHNSON PLAT, o distance of 811.3g feet to the point of beginning of sold line
[o be described; thence North 88 degrees 50 minutes O0 seconds East, along said
South line and its westerly extension of JOHNSON PLAT, o distance of 574.17 feet;
thence [os[erly and Southeasterly, a distance of 509,53 feet along o tangential
curve concave to the Southwest having o radius~of 716.19 feet and ~ central
angle of ¢0 degrees 4.5 minutes 46 seconds and there terminating.
'~at port of the $out.hwest Quarter of the Southwest 0uorter of Section 35, Township
$5, Range 26, lying southwesterly of the centerline of County State Aid Highway
No, 12, and westerly of the folowing described line:
aeginning at o point on the South line of sold Southwest Quarter of the Southwest
Quarter a distance of 675 feet west of the Southeast corner thereof; thence
nort.heosterly along o line to be hereafter ~nown os line "A" for the purposes of
this description, and running t.o o point on the centerline of said highway which is
549.08 feet Northwseteriy of [he intersection of said centcrllne with the £ost line
of the said South,,est Quarter of the Southwest Quarter to o point in said line
distance of 330 feet Southwesterly of the'point of intersection of said Line "A" with
so~d cenedine; the Nortwesterly para/lei with said centerline, 300 feet: thence
Northeasterly to o point on said c§nterline which is 8¢9.05 feet Northwesterly of
s~id point o~' intersection of sold centertlne with said lost line of the Southwest
Quarter of the Southwest Quarter and there terminating, subject to that port
thereof token for said County State Aid Highway No. 12.
Except that portion thereof which lies within the following described oreo:
A strip of land $7.00 feet in width the North and Northeasterly llne of which is
described os fotlows: Commencing ct the Southeast corner of JOHNSON PLAT,
according to said plot on file and of record in the of~ce of the Coun[y Recorder,
Sherburne County, Minnesota; thence South 88 degrees 50 minutes 00 seconds
West, on ~n assumed bearing along the South line and its westerly e:tension of
said JOHNSON PLAT, a distance of 811.3g feet'to [he point of beginning of said line
to be described; thence North 88 degrees 50 minutes 00 seconds £ost, along s(3;d
South line and its westerly extension of JOHNSON PLAT, (3 distance of 574.17 feet;
thence Easterly and Southe~:sterty, a distance of 50g.53 feet. along o tangential
curve concave to the Sou[hwes[ hovlng o radius of 716.19 feet and o central
angle of 40 degrees 45 minutes 46 seconds and there term/noting,
The Northwest (~uarter of [he Northwest 0uorter of Section 2, Township 52, Range 26,
Except that port of the Northwest Quarter of the Northwest Quarter of Sect;on 2,
Township 32, Range 26 Wes[, which lies Westerly of o line run parallel wfth and
distant 200 feet Easterly of the West line of said Section 2 and Southerly of o
llne run poroltel with and distant 100 feet Southerly of the North line of so~d
Section 2, ~herburne County, Minnesota.
Has caused these presents to be surveyed and plotted os ELK RIVER CROSSING
and does hereby donate and dedicate to the public for public use forever the
utility end drainage easements as shown on the plot.
EXHIBIT B
o
o
10.
11.
12.
13.
14.
15.
16.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS PRIOR TO
RELEASING THE PLAT FOR RECORDING.
A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
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.
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.
SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO
THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS
REQUIRED BY THE CITY.
ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING
WORK ON THE SITE.
RESTRICTIVE COVENANTS BE PLACED OVER THE WETLANDS. THESE SHALL BE COMPLETED
AND RECORDED WITH THE PLAT.
A BOND COVERING THE COST OF THE WETLAND MITIGATION IS REQUIRED AND SHALL BE
MADE PART OF THE DEVELOPERS AGREEMENT.
PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE
TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
APPROPRIATE CROSS ACCESS / CROSS PARKING EASEMENTS SHALL BE APPROVED BY
THE CITY AND RECORDED WITH THE PLAT.
OUTLOTS A AND B SHALL BE DEEDED TO THE CITY.
NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING AVENUE, ON TO MAIN STREET OR
181sT AVENUE (COUNTY ROAD 12).
THE TWO LOTS ON CROSSING AVENUE CLOSEST TO MAIN STREET HAVE A SHARED
DRIVEWAY.
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17. A 10-FOOT WIDE PEDESTRIAN EASEMENT BE DEDICATED ACROSS LOT 1, BLOCK 3 TO
ALLOW FOR THE SIDEWALK CONNECTION BETWEEN THIS PROJECT AND THE BUSINESS
PARK TO THE SOUTH.
18. PROOF OF OWNERSHIP OF ALL THE NECESSARY PROPERTIES SHALL BE PROVIDED PRIOR
TO RELEASING THE PLAT FOR RECORDING.
19. the revised plans show the right-of-way for the public roadway.
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