00-035 RES RESOLUTION NO. 00- 35
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Trott Brook Farms Sixth Addition
Case No. P 00-12
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 ~ ,L5''~ ,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
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
D°
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.
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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.
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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 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, Thomnpson, Farber, and Motin
The following voted against the Resolution:
Mayor Klinzing
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this 1_5 day of l~la7
,2000.
Stephianie Klinzi ny, M_M__a~,..jb r ¢
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.
Sandra Peine, City Clerk
STATE Of MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
~'~ - 2000, by Stephanie
Minnesot' .a~ '
/5- day of
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 75~ 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:
KNOW ALL PERSONS BY THESE PRESENTS: That D.R. Horfon, lnG-Minnesota, a Delaware corporation, owners and proprietors of the
following described property situated in the County of Sherburne, State of Minnesota, to wit:
Outlot L, TROTT BROOK FARMS, according to the recorded plat thereof, Sherburne County, Minnesota.
Have caused the same to be surveyed and plotted os Ti~OTT BROOK FARMS SIXTH ADDlITON and do hereby donate and dedicate to
the public for pub#c use forever the Anenue, Court, Circle and Parkway and also donate and dedicate to the public for public use
forever the easements as shown on this plat for drainage and utility purposes onlj4
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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 1 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.
$. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS A DEVELOPMENT PLAN BE
SUBMII'rED 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.
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18. LANDSCAPE EASEMENTS SHALL BE INCLUDED AROUND ALL DEVELOPMENT AND
NEIGHBORHOOD SIGNS.
19. THE DEVELOPER INSTALL THE TRAIL PROPOSED TO BE LOCATED WITHIN THE 5zN
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 LE'ITER 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 LETrER OF CREDIT.
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