00-033 RESRESOLUTION NO. 00 - 33
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Whitetail Ridge
Case No. P 00-5
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 17, 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.
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
RESOLUTION NO. 00 - 33
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Whitetail Ridge
Case No. P 00-5
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 17, 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:
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.
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.
Fo
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
'~zompson
Dietz
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Dietz, Thompson, Farber,
Motin
Thefollowing voted againstthe Resolution:
None
and
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this 1.5 day of l~ay ,2000.
' Step~anie Klinzing,~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 copy of the resolution as adopted by the City Council of the City of Elk
River on ~ / ~ ,2000.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /~'"- day of "~.~,..-- ,2000.
§andra ~ein~, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this l~'~ day of
Minnes4~--%/.-ota.c , 2000, by Stephanie Klinzing, Mayor, City of Elk River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /'~~ 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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Legal Description:
EXHIBIT A
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EXHIBIT B
'1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT
APPROVAL AND INSTALLATION OF IMPROVEMEN?S BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY
ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
6. 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.
7. 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.
8. SUREACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT
THE ~IME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
9. A SEAL COAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
13. RIGHT-OF-WAY BE PROVIDED ON THE NORTH SIDE OF POLK STREET TO PROVIDE
ACCESS TO THE PROPERTY TO THE NORTH.
14. OUTLOT A AND OUTLOT B BE PLACED IN A CONSERVATION EASEMENT TO BE HELD
BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST.
15. ALL MAILBOXES BE CLUSTERED.
16. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
17. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE
PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT
GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS.
STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING.
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EXHIBIT B
18.
THE DEVELOPER ACQUIRE ADDITIONAL PROPERTY FROM THE PROPERTY OWNER TO
THE NORTH IN ORDER TO PROVIDE THE REQUIRED 60 FOOT RIGHT-OF-WAY FOR
POLK STREET.
19. ANY OFF SITE GRADING WILL REQUIRE EASEMENTS FROM ADJACENT PROPERTY
OWNERS.
20.
CONSTRUCTION OF A HOUSE ON LOT 7, BLOCK 2 SHALL BEGIN WITHIN 2 YEARS
OF RECORDING THE FINAL PLAT. IF CONSTRUCTION IS NOT STARTED WITHIN 2
YEARS THE STORAGE BUILDING ON SAID LOT SHALL BE REMOVED. AN ESCROW
ACCOUNT IN THE AMOUNT OF $2,000 SHALL BE SET UP TO COVER THE COST OF
REMOVING THE STRUCTURE PRIOR TO RELEASING THE PLAT FOR RECORDING.
21. LANDSCAPE OUTLOT A TO SCREEN THE SEPTIC AREA FROM STREET. ALL DISTURBED
AREAS SHALL BE GRADED AND SEEDED.
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