00-031 RES RESOLUTION NO. 00 - 31
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Mulvaney Point
Case No. P 00-2
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 20, 2000; 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
o
o
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.
F°
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
Father
Motin
Mayor Klinzing,
and Motin
The following voted against the Resolution:
None
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Councilmembers Dietz, Thompson, Farber,
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this 1_5 day of Nay
,2000.
.... Stepl~nie Klinzin~yof
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 2'~,~,~ /~"- ,2000.
/
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /,C'- day of .'2-~',,..~. ,2000.
/
~andra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /.g--day of
~---/'7~..~,~ , 2000, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
NOTARY PUBLIC-MINNESOTA !'
Jan. 31, 2005 !
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /5-- day of
"-~.~-' , 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
Legal Description:
That part of the West Half of the Southwest Quarter, Section 35, Township 33,
Range 26 as follows: Beginning at the Southwest Corner of the Northwest
Quarter of the Southwest Quarter, Section 35, Township 33, Range 26 and
running North of Section line 10 24/100 chains; thence East parallel to the North
line of said Northwest Quarter of the Southwest Quarter 20 chains to the East
line of said Northwest Quarter of the Southwest Quarter; thence South on the
1/16 Section Line to the center of Town Road known as the Hildreth Road;
thence North 51 degrees West along the center line of said road to the point of
beginning, excepting a strip of land 10 rods wide on the East side thereof,
Sherburne County, Minnesota.
EXCEPTING the following described property:
All that part of the Southwest Quarter of the Southwest Quarter, Section 35,
Township 33, Range 26 lying West of the East 10 rods as follows: Beginning at
the intersection of the West line of the East 10 rods of said Southwest Quarter of
the Southwest Quarter with the centerline of County State Aid Highway No. 12;
thence North along said West line of the East 10 Rods a distance 626.90 feet;
thence West at right angles a distance of 208.70 feet; thence South parallel with
said West line of the East 10 rods to the centerline of said County State Aid Road
No. 12; thence Southeasterly along the centerline to the point of beginning.
AND EXCEPT:
All that part of the Southwest Quarter of the Southwest Quarter of Section 35,
Township 33, Range 26 described as follows: Commencing at the intersection of
the west line of the East 10 rods of said Southwest Quarter of the Southwest
Quarter with the centerline of County State Aid Highway No. 12; thence North
along said West line of the East 10 rods a distance of 626.90 feet; thence West
at right angles a distance of 208.70 feet to a point to be hereafter known as Point
"A" for the purpose of this description; thence South parallel with said West line
of the East 10 rods to the centerline of said County State Aid Highway No. 12
and the actual point of beginning of the land to be described; thence
Northwesterly along said centerline a distance of 22.08 feet; thence Northerly to
the afore described Point "A"; thence South parallel with said West line of the
East 10 Rods to the point of beginning, according to the United States
Government Survey thereof and situate in Sherburne County, Minnesota.
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AND EXCEPT:
That part as platted in SHERBURNE COUNTY HIGHWAY RIGHT OF WAY
PLAT NO. 7, according to the recorded plat thereof Sherburne County,
Minnesota.
AND EXCEPT:
That part lying northeasterly of the southwesterly right of way line of Tyler Street.
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EXHIBIT B
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED THAT
OUTLINES THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND
INSTALLATION OF IMPROVEMENTS.
2. THAT 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 WITH SHERBURNE COUNTY.
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 WITH SHERBURNE COUNTY.
THAT A 12 FOOT TRAIL EASEMENT BE GRANTED TO THE CITY FOR A
FUTURE TRAIL OR SIDEWALK ADJACENT COUNTY ROAD 13 ON THE WEST
SIDE OF THE PLAT PRIOR TO RECORDING.
THAT THE GRADING PLAN AND DEVELOPMENT PLAN INDICATE GRADING
SUITABLE FOR TRAIL PURPOSES WITHIN A TRAIL EASEMENT ALONG THE
WEST EDGE OF THE PLAT.
THAT THE LOCATION OF THE DRAINAGE AND UTILITY EASEMENTS FOR
PONDING ON LOT 1, BLOCK 1 AND LOT 1, BLOCK 2 BE REVISED ON THE
PLAT TO ACCOMMODATE A FUTURE TRAIL AND MOVED PONDING AREAS
PRIOR TO 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 FOR EACH LOT.
10. THAT ALL COMMENTS IN THE CITY ENGINEER'S MEMO DATED MAY 10,
2000 BE ADDRESSED PRIOR TO RECORDING THE PLAT.
11. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES.
12. THAT THERE BE NO MASS GRADING OF THE SITE PRIOR TO BUILDING
PERMIT ISSUANCE.
13. THAT TREE REMOVAL PRIOR TO BUILDING PERMIT ISSUANCE BE
LIMITED TO WHAT IS NECESSARY FOR THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENTS.
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14.
THAT AN EASEMENT BE GRANTED IN THE FAVOR OF THE CITY FOR THE
UTILITIES CROSSING PRIVATE PROPERTY. IF THE EASEMENT CANNOT
BE OBTAINED, THEN THE UTILITIES SHALL BE REALIGNED TO ANOTHER
LOCATION AS DETERMINED BY THE CITY ENGINEER.
15.
THAT ANY TREES ON OR OFF SITE, NEAR THE LIMIT OF GRADING, THAT
ARE TO BE PROTECTED, BE FENCED WITH A SNOW FENCE PRIOR TO
TREE REMOVAL OR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS AT
THE DRIPLINE TO PREVENT DAMAGE TO TREES BY INADVERTENT
GRADING, EROSION, SOIL COMPACTION AND STORAGE OF DEBRIS OR
EQUIPMENT IN THE TREES.
16.
THAT AS EACH LOT DEVELOPS, A TREE PRESERVATION PLAN SHALL BE
SUBMITTED INDICATING TREE PRESERVATION MEASURES AND THE
NECESSARY TREE REMOVAL.
17.
THAT A 6 FOOT SIDEWALK BE CONSTRUCTED IN THE PUBLIC RIGHT-OF-
WAY ON THE SOUTH SIDE OF THE NEW EAST-WEST ROAD IN THE PLAT AS
PART OF THE PUBLIC IMPROVEMENTS.
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 WITH SHERBURNE COUNTY.
19. THAT A PERMANENT CUL-DE-SAC BE CONSTRUCTED WITHIN A STREET
AND DRAINAGE AND UTILITY EASEMENT AND THAT THE EASEMENT BE
GRANTED IN FAVOR OF THE CITY PRIOR TO RELEASING THE PLAT FOR
RECORDING.
20. THAT THE EXISTING HOME BE REMOVED PRIOR TO RECORDING THE
FINAL PLAT WITH SHERBURNE COUNTY.
21. THAT THE PLAT PROVIDES ACCESS CONTROL ON THE TYLER STREET,
COUNTY ROAD 12 AND COUNTY ROAD 13 FRONTAGES WITH THE
EXCEPTION OF THE EXTENSION OF 3RD STREET.
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