00-045 RESRESOLUTION NO. 00 - 45
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk River Cenex
Case No. P 00-9
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 June 19, 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.
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.
G°
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 resolution was introduced by Council MemberYarber and
duly seconded by Council MemberMotin The following voted in favor
of the Resolution.
Mayor Klinzing, Councilmembers Thompson, Farber and Motin
The following voted against the Resolution:
None
The following were absent:
Councilmember Diet~-
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WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of June, 2000.
Ste p~J~n~ie Klinzing,~/-~or~
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 cop,.~ of the resolution as adopted by the City Council of the City of Elk
River on ~ /~' 2000.
WITNESS my han..d officially as such Clerk and the corporate seal of the
City this/?/'~day of~,~/.-~ ,2000.
~;andra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~ day of
~,~¢,x..- , 2000, by Stephanie Klinzing, Mayor, City of Elk River,
r~nnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this i ~ day of
M~lnnesOIa. , 2000, by Sandra Peine, City Clerk, City of Elk River,
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 first name, a certain kind
of person, fee owner of the following described property situated in the County of
Sherburne, State of Minnesota, to wit:
That part of the Southwest Quarter of the Northwest Quarter and of the
Northeast Quarter of the Southwest Quarter of Section 32, Township 33, Range
26, Sherburne County, Minnesota, lying northerly of the northerly line of the Old
Highway No. 10, which is known as the Elk River to Big Lake Road and lying
Southeasterly of U.S. Highway No. 10 as now laid out and traveled and lying
West of a line described as follows: Commencing at the Northwest corner of said
Northeast Quarter of the Southwest Quarter; thence South along the West line of
said Northeast Quarter of the Southwest Quarter, a distance of 11.15 feet to said
northerly line of Old Highway 10, which is known as Elk River to Big Lake Road;
thence East along said northerly line deflection 87 degrees 45 minutes 39
seconds left. A distance of 347.23 feet to the beginning of said line to be
described; thence North deflecting 92 degrees 20 minutes 59 seconds left, a
distance of 333.18 feet to the Southeasterly line of said U.S. Highway No. 10
and said line there terminating.
Subject to easements of record, if any.
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EXHIBIT B
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOLrNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
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