00-034 RES RESOLUTION NO. 00 - 34
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Trott Brook Farms Fifth Addition
Case No. P 00-11
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 August 17, 1998; 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.
Co
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.
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
Motin
Thompson
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Councilmembers Dietz, Thompson, Farber, and Motin
The ~llowingvoted againstthe Resolution:
The ~llowing we~ absent:
None
S:document\resolution\pO0-1 l\doc.
Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this 1.5 day of Nay ,2000.
Stepl~nie Klinzi'n~,M~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 .5"' day of ~ ,2000.
S'andra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this i~"- day of
~z..~-~.. , 2000, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota?
Notary Public
S:document\resolution\pO0-1 l\doc. Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /% day of
k-7'~'3~_~ ,2000, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
~ {~ ~OTARY PU ~tC- MINNESO'I~ ~
Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
S:document \ re solution \ pO0-11 \ doc.
Page 4
Legal Des. criPtion:
EXHIBIT A ~
KNOW ALL PERSONS BY THESE PRESENTS: That D.R. Horton, Inc.-Minnesota, o Delaware corporation, owners and proprietors of the
following described property situated in the County of Sherburne, State of Minnesota, to wit:
Outlot O, TROTT BROOK FARMS, according to' the recorded plat thereof, Sherburne County, Minnesota.
and '
Outlot A, TROT'I' BR°OK FARMS THIRD ADDI770N, according to the recorded plot thereof, Sherburne County, Minnesota.
and
The west 400.00 feet of the east 660.00 feet of the south 450.00 feet of the East Half of the Southeast Quarter of Section 35,
Township ~73, Range 26, Sherburne Count~, Minnesota, os measured at right angles, thereof.
Hove caused the same to be surveyed and plotted os TROTT BROOK FARMS FIFTH ADDI770N and do hereby donate and dedicate to
the County of Sherburne in fee title for public use forever County State Aid Highway No. 12 os shown on this plot. Also dedicating to
the County of Sherburne the right to limit access to said County State Aid Highway No. 12 os shown on this plot. Also dedicating to
the public for public use forever the easements as shown on this plot for drainage and utility purposes only.
frm.flpt Page 5
EXHIBIT B
1. ALL COMMENTS RAISED BY THE DEPARTMENT OF NATURAL RESOURCES BE
INCORPORATED INTO THE PLAT.
2. EACH SINGLE FAMILY LOT SHALL RECEIVE 1 STREET TREE AND 1 FRONT YARD TREE;
CORNER LOTS SHALL RECEIVE I STREET TREE AND 1 FRONT YARD TREE PER STREET
FRONTAGE.
3. FRONT SETBACK OF 25 FEET FROM THE PROPERTY LINES ON ALL STREETS EXCEPT STREETS
A, F, J, O, R AND S. SIDE YARD SETBACKS SHALL BE 10 FEET, 5 FEET ON THE GARAGE SIDE
4. ALL COMMENTS OF THE CITY ENGINEER SHALL BE INCORPORATED INTO THE PLANS.
5. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE
SUBMITTED OUTLINING STYLE OF HOUSE AND FINISHED GRADES ON EACH LOT.
6. ALL STREETS BE BUILT TO CITY STANDARDS WITH THE EXCEPTION OF STREET A WHICH WILL
BE LARGER.
7. A DEVELOPERS AGREEMENT SHALL BE SIGNED AND RECORDED PRIOR TO RECORDING
THE PLAT.
8. SURFACE WATER MANAGEMENT FEES BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
9. HOMEOWNERS ASSOCIATION DOCUMENTS SHALL BE REVIEWED BY THE CITY PRIOR TO
RELEASING THE PLAT FOR RECORDING.
10. STREET LIGHTS SHALL BE INSTALLED PER ELK RIVER UTILITIES RECOMMENDATIONS.
11. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS
OF PUBLIC IMPROVEMENTS.
12. 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.
13. WATER AVAILABILITY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
14. ALL NECESSARY TRUNK SANITARY SEWER AND WATER ASSESSMENTS, AND LATERAL
WATER ASSESSMENTS BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
15. ALL NECESSARY PERMITS SHALL BE RECEIVED PRIOR TO COMMENCING WORK WITHIN
ANY EASEMENTS.
16. ALL COMMENTS FROM PHIL HALS, THE STREET/PARK SUPERINTENDENT, IN HIS MEMO
SHALL BE INCORPORATED INTO THE PLANS.
17. ALL MAILBOXES SHALL BE CLUSTERED.
S:document\resolution\pO0-1 l\doc.
Page 6
18. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND
NEIGHBORHOOD SIGNS.
19. THE DEVELOPER INSTALL THE TRAIL PROPOSED TO BE LOCATED WITHIN THE 5~'H
ADDITION.
20. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED
ON THE MITIGATION AREAS.
21. THAT THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDES LANGUAGE THAT
PLACES THE RESPONSIBILITY FOR THE SUCCESS OF THE WETLAND MITIGATION ON THE
DEVELOPER.
22. THAT THE LETTER OF CREDIT COVERING THE PUBLIC IMPROVEMENTS ASSOCIATED WITH
THE PROJECT ALSO INCLUDE THE COST OF THE MITIGATION WORK.
23. THAT THE DEVELOPERS SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT
WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS
REPORT BE APPROVED BY CITY STAFF PRIOR TO THE RELEASE OF THE LETTER OF CREDIT.
S:document\resolution\pO0-11\doc.
Page 7