99-085 RES RESOLUTION NO. 99- 85
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
HIDDEN CREEK 2ND ADDITION
Case No. P 99-13
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 March 15, 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.
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.
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 resolution was introduced by Council Member Dietz and
duly seconded by Council Member Motin. 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 15th day of November, 1999.
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 copy of the resolution as adopted by the City Council of the City of Elk
River on?¢~ ~.J~'~,, 1999.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /Jo'S---day of ~ ,1999.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
..~ The foregoing instrument was acknowledged before me this~ day of
~'¢_~/¢¢~-¢~Z~ , 1999, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ,.~ da'"y of
,.~,4M.~_z',-~, 1999, by Sandra Peine, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
GRAY PLANT MOOTY
3400 City Center
33 South Sixth Street
Minneapolis, MN 55402-3796
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EXHIBIT A
Legal Description:
Outlot A, Hidden Creek Addition, Sherburne County, Minnesota
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EXHIBIT B
1. All comments of the City Engineer be addressed.
2. Water availability charge be paid to Elk River Utilities prior to
releasing the final plat for recording.
3. The developer pay lateral main assessment for the 4 lots prior
to releasing the plat for recording.
4. The developer pay trunk sanitary sewer and water
assessments prior to releasing the plat for recording.
5. Surface water management fee in the amount of $567.28 be
paid prior to releasing the plat for recording.
6. Park dedication fee in the amount of $5200.00 be paid prior to
releasing the plat for recording.
A grading and erosion control plan and development plan be
submitted and approved by the City Engineer prior to the
issuance of building permits.
8. All grading must be certified prior to the issuance of a building
permit.
e
A detailed development plan for lot i be provided showing the
house pad and the amount of wetland needed to be filled in
order to maintain a 25 foot wide setback from the wetland.
10. Front yard trees shall be planted on each of the lots per City
Code.
11. Shared driveways shall be provided for lots ! and 2 and lots 3
and 4 in accordance with Sherburne County Highway
Department comments.
12. Concerns contained in the County Ditch Inspector's letter
shall be addressed.
13. On Lot 4, a 50 foot setback shall be maintained from Ordinary
High Water level of the creek.
14. A portion of the drainage and utility easement located on Lot
i will have to be vacated prior to recording the final plat.
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