00-012 RES RESOLUTION NO. O0 - t2
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
The Woods at Hillside
Case No. P 98-5
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 April 19, 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:
Ao
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with 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
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Do
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.
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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 P~operty 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
K].in~.in§ The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Farber & Motin
(Councilmember Thompson abstained)
The following voted against the Resolution:
The following were absent:
Councilmember Dietz
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WHEREUPON the resolution is adopted.
Passed and adopted this ,.~"~ay of ~:~~ ,2000.
Ste~hanie Klinzing~qlayol'
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~Z.z.-~x~ ,~ , 2000.
WI.T.,NES.,S my hang officially as such Clerk and the corporate seal of the
City this ~,.2'"~lay of ~~""~"~7 ,2000.
~ahdra Pein~, C~ty Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~¢°-.. day of
~-~/ , 2000, 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 ~ day of
-~~.a-.qz_~ , 2000, by Sandra Peine, City Clerk, City of Elk River,
Minnesota. ~
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
KNOw ALL 'PERSONS BY THESE PRESENTS: That Phoenix Enterprises LINC, ~ Minnesot~i. Limited Liability company, fee. owner..
of the following described property, situated in the C6unty. of Sherburne,' s~zte .of'iMinne~ota'to .wit:
Lot 5,~Biock'5, and 'Outlet C, HILLSIDE ESTATES .FOURTH ADDITION,'occ~r~ng ~o." the p'Ja~ on. file ~nd' of' r~cord in the:. O~fice" -
of 'the County Recorder, .Sherburne County, Minnesota and that part of the WeSt..Half of the'Northwest Quarter' of Section 26, .
Township '35, Range 26, Sherburne County, Minnesota lying SoutheasteHy c~nd South~e~teHy of the recorded, plot~' of HILLSDE ....
ESTATES FIFTH ADDITION ond lying Northeasterly and SOutheasterly' of the recorded . l~ot '-'. of HILLSIDE ESTATES F. OCIRTH ADD!TION
and lying westerly, northeasterly northwesterly and. northerly of the following debcrlbed llhe; Commencing at th~ Southeast .'corner
of. said HILLSIDE ESTATES FIFTH ADDITION;, thence North 57 degrees 55 minutes 05 seconds West assumed bearing olor~g' the.~.
most Southwesterly li~ne of' said HILLSIDE ESTATES FIFTH ADDITION o distonce of 81.94. f~et'to the point of beginning of the line
to be described; thence South I degree 49 minutes 48 seconds East parallel with the"Eost line of said West 'Half of the Northwest
Quarter o dlstonce of 251.28 feet; thence North 57 degrees 55 minutes 05.'seconds West 252.81. feet; thence South 52 ..',- --
degrees 04 minutes 55 seconds West 186.51 feet; thence South 52 degrees O0 mlnbf~es O0 seconds West 167.49 feet;
thence North 85 degrees O0 minutes O0 seconds West 5,52.15 feet; thence South'45 degrees O0 minutes O0 seconds West 79.4,5
feet; thence North 45 degrees 55 minutes 28 seconds West 212.27 feet; thenCe North. 70 degrees 57 minutes 10 seconds'West
79.27 feet; thence northwesterly 141.07 feet along o non.-tongentlol curve concave to the northeast having a central angle of 28
degrees 52 minutes 04 set:ands, 'o radius of.280.00 feet and o chord which bears North 60 degrees 05 minutes 15 seconds
West to the Southeasterly line of HILLSIDE ESTATES FOURTH ADDITION and there terminating.
Has caused the sorn~ to be'surveyed ond platted aS HILLSIDE ESTATES NINTH ADDITION and ~loes hereby donate and dedicate
to the public for public use forever the Street and Court 'and easements os. shown on this plat for drainage and utility purposes
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9.
10.
11.
12.
EXHIBIT B
A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED
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 THE 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 THE PERIOD OF ONE YEAR.
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.
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.
A GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE
APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
STREET LIGHTS BE INSTALLED AS RECOMMENDED BY ELK RIVER MUNICIPAL UTILITIES.
A LANDSCAPE PLAN AND CLEARING AND TREE PROTECTION PLAN SHALL BE
APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING.
ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
MINIMUM SETBACKS SHALL BE:
FRONT YARD 30 FEET
SIDE YARD 10 FEET
REAR YARD 30 FEET
GARAGE SIDE 5 FEET
13. ACCESSORY STRUCTURE SETBACKS SHALL BE:
14.
FRONT YARD 30 FEET
SIDE YARD 5 FEET
REAR YARD $ FEET
ALL MAILBOXES SHALL BE CLUSTERED.
WATER AVAILABILITY CHARGES TO BE PAID TO ELK RIVER UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
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16. THE TRAIL PROPOSED WITHIN THE NSP EASEMENT BE INSTALLED BY THE DEVELOPER AS
PART OF THIS PLAT. THE DEVELOPER SHALL WORK WITH CITY STAFF AS TO THE EXACT
LOCATION OF THE TRAIL.
17. THE APPLICANT PAY PARK DEDICATION FEES CONSISTENT WITH THE ORDINANCE
PRIOR TO RELEASING THE PLAT FOR RECORDING.
18. OUTLOT B SHALL BE REPLATTED AS PART OF A FUTURE ADDITION AND SHALL BE MADE
PART OF FUTURE RESIDENTIAL LOTS.
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