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00-054 RES RESOLUTION NO. 00 - .54 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Elk Path Business Park Case No. P 00-10 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 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. 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. 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 ~regoing Thompson Motin resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. Mayor Klinzing; Council members Thompson and Motin The following voted against the Resolution: None The ~llowing were absent: Council members Dietz and Farber S:\DOCUMEN~RESOLUTI\P00-10,DOC Page 2 WHEREUPON the resolution is adopted. Passedandadoptedthis /?raayof /~,~ ,2000. ~n 'z~ 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/~--.~/'7 ,2000. WlTNE~,~S my hand/~cial~ as such Clerk and the corporate seal of the City this / 7 r~lay of ~,-('/~'z~'~ ,2000. ,/ ~an'dra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this i'7 day of ~ , 2000, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota'. Notary Public S:\DOCUMENT~RESOLUTI\P00-10.DOC Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this 1'7 day of ,2000, by Sandra Peine, City Clerk, City of Elk River, Minnesota. THIS INSTRUMENT WAS DRAFTED BY: Notary Public DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 S:\DOCUMENT~RESOLUTI\P00-10.DOC Page 4 EXHIBIT A Legal Description: That part of the East Half of the Southwest Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota lying South of the South right of way of U.S. Highways No. 10 and 52; AND that part of the West Half of the Southeast Quarter of said Section 31 lying South of the South right of way of U.S. Highways No. 10 and 52; EXCEPT that part of said West Half of the Southeast Quarter described as follows: Commencing at the intersection of the East line of said West Half of the Southeast Quarter with said southerly right of way of U.S. Highways No. 10 and 52; thence southerly along said East line of the West Half of the Southeast Quarter a distance of 660.00 feet to the Point of Beginning of the tract to be described; thence continue south along said East line of the West Half of the Southeast Quarter, a distance of 660.00 feet; thence westerly at a right angle a distance of 660.00 feet; thence northerly, parallel with said east line of the West Half of the Southeast Quarter a distance of 660.00 feet, to the North line of said Southeast Quarter of Section 31; thence easterly along said North line of the Southeast Quarter to the Northeast corner of said Southeast Quarter; thence southerly along said East line of the West Half of the Southeast Quarter to the Point of Beginning. ALSO EXCEPT the West 75.00 feet of the East 735.00 feet of the North 875.00 feet of said West Half of the Southeast Quarter of Section 31. S:\DOCUMEN~RESOLUTI\P00-10.DOC Page 5 EXHIBIT B 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID ON LOT 1, BLOCK 1 PRIOR TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION REQUIREMENTS ON THE OUTLOTS ARE DUE WHEN THEY ARE PLATTED. o SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID ON LOT 1, BLOCK 1 PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE WATER MANAGEMENT FEES ON THE OUTLOTS ARE DUE WHEN THEY ARE PLATTED. o OUTLOT F BE SHOWN ON THE FINAL PLAT AND THE WESTERN BOUNDARY OF OUTLOT F SHALL BE ADJUSTED SO IT CORRESPONDS WITH THE WESTERN BOUNDARY OF THE R1C ZONING DISTRICT. S:\DOCUMENT~RESOLUTI\P00-10.DOC Page 6