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6.13. SR 07-15-2002TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Chris Leeseberg, Planner July 15, 2002 Case No. P 02-09 Preliminary Plat - Echo Hill Final Plat- Echo Hill Item #6.13. Request Innovation Homes is requesting approval of the Preliminary and Final Plats of Echo Hill. Attachments Location Map Memo from the City Engineer Memo from Sherburne County Preliminary Plat Final Grading, Storm & Erosion Control plan Final Landscape & Lighting plan Final Plat Final Plat Resolution 02- Location West of County Road 77 (Proctor Road), south of Ridgewood 1~ Addition, and north of Lafayette Woods. Zoning/Land Use Rla (Single Family Residential, 2 ~h Acre Minimum Area) / LR (Low Density Residential) Mayor and City Council / P 02-09 July 15, 2002 Page 2 Overview The subject property is 15.74 acres and has extremely rolling, wooded topography covering the site. The entire eastern edge fronts County Road 77 (Proctor Avenue). Ridgewood 1~ & 2nd Additions abut the subject property to the north and west. A single family home and accessory structure are located on the property. The accessory structure is shown to be removed. City Council Action of June 17, 2002 The Council moved to table this item to allow staff to work with the developer on the location of the cul-de-sac and the lot lines. There was direction given to staff and the developer to explore making one lot smaller than allowed and to decrease the required lot widths on some of lots to allow the cul-de-sac length to be shorter. By reducing the length of the cul-de-sac, there will be less loss of trees. Allowing a variance on two of the lots, for lot width and lot size, the impact on the steep slopes with septic locations will be avoided. Analysis The preliminary plat is comprised of 5 lots, one of which will contain the existing dwelling, arranged around a cul-de-sac. The cul-de-sac street, 197th Court, is approximately 550' in length, which does not exceed the City's maximum length for a cul-de-sac. Included in the plat is Outlot A (1.5-acres) that will provide a trail corridor from Big Tooth Ridge Park to County Road 77. The lot sizes range from 2.25 to 3.20 acres. Lot 4 does not meet the minimum 2.5-acre size. Three of the five proposed lots meet the minimum 160-foot required widths. Lots 3 & 4 do not meet the required width. The lots show a 35-foot front yard setback, which meets the Rla district requirements. The variance of the required lot width and size is to help prevent the loss of trees as well as to reduce the impact on the steep slopes with septic locations. Landscaping The landscape plan submitted by the developer complies with the ordinance. Park Dedication The Park and Recreation Commission reviewed this plat at its April 10, 2002 meeting and recommended that the dedication be in land to provide a trail corridor from Big Tooth Ridge Park to County Road 77. Prior to the April 10, 2002 meeting, staff walked the site with the applicant and the property owner to review the best location for this corridor. Staff will continue to work with the developer in locating this corridor somewhere along the south edge (Outlot A) of the plat. S:\PLANNING\Case Files\P 02-09 Echo Hill\P02-09 CC2.DOC Mayor and City Council / P 02-09 July 15, 2002 Page 3 Gradinu The City Engineer has addressed grading in his memo. Utilities Each lot will have its own private well and septic system. Recommendation Staff and the Planning Commission recommend the City Council approve the Preliminary and Final Plats of Echo Hill with the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. 3. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7. PARK DEDICATION SHALL BE IN LAND (1.5 ACRES) AND SHALL BE IN A TRAIL CORRIDOR ALONG THE SOUTH PROPERTY LINE OF THE PLAT. 8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR REMOVING ALL DEAD/FALLEN TREES WITHIN THE PROPOSED TRAIL CORRIDOR. 10.THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11.MAILBOXES SHALL BE CLUSTERED. 12.THE PLAT SHALL COMPLY WITH THE RIA SETBACK REQUIREMENTS. 13. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. S:\PLANNING\Case Files\P 02-09 Echo Hill\P02-09 CC2.DOC Mayor and City Council / P 02-09 July 15, 2002 Page 4 14. 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 CLEARING OR GRADING COMMENCING. 15. LOTS 3 & 4 SHALL BE ALLOWED TO BE LESS THAN THE REQUIRED LOT WIDTH OF 160-FEET. 16. LOT 4 SHALL BE ALLOWED TO BE LESS THAN 2.5-ACRES. S:\PLANNING\Case Files\P 02-09 Echo Hill\P02-09 CC2.DOC TOP THE WORLD PARK OU TLOT C OUTLOT B ~ ~pplTIO~ SCHOOL OUTLOT 0 OUTLOT B Case Number: Location Map P 02-09 ECHO HILL N Howard R, Green Oompany July 10, 2002 File: 817660J-0240 Mr. Chris Leeseberg City of Elk River 13065 Orono Parkway Elk River, MN 55330-5600 RE: ECHO HILL ADDITION FINAL PLAT Dear Mr. Leeseberg: We have reviewed the final plat of the Echo Hill Addition. As discussed at the last City Council meeting, the final plat shortens the length of the cul-de-sac on 97th Court to hopefully minimize the amount of tree removal and disruption to the steep slopes in the area. It appears that all the comments we made on the preliminary plat have been incorporated into the final plat for this development. Therefore, we would recommend approval of the final plat as submitted. If you have any questions regarding this plat, please call. Sincerely, Howard R. Green Company T erryJ~, a~~ TJM:mw Ltr-071002-LeesebergLtr-071002-Leeseberg 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 March 29, 2002 City of Elk River Attn: Michele McPherson 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 PUBLIC Sherbu~ WORKS DEPARTMENT Rhonda F. Lewis, P.E. 425 Jackson A venue Elk River, MN 55330 (763) 241-7030 · 800-594-5208 RE: Echo Hill Dear Ms. McPherson; We have reviewed the site drawing for the proposed plat of Echo Hill that borders County Highway 77 and accept it as drawn. We require that 50' of right of way be granted to Sherbume County in fee title along the highway frontage of CH 77 as drawn. An access permit and signage fees are required. Sincerely, Richard D. Corbin Sherbume County Public Works 75-473--0260 ;,. ,4 ?,4 :"E T TE OL:T;..O T ,4 Preliminary Plat of ECHO HILL Line poraflel with South line of SE I/4 Secfion 21----~ ST ~ ~o 75--,~?~-o2~ I :;;r:,".:::,:,';;,';:: ','."; T ,' r.::',:.: T.':;;.;:; I Line para#el with East line of SE I/4 Section 21 , PlO 75--475-0205 / / I I .... ,r~ ~..'-~-.," .,,' .,. i South line of the SE I/4 of Sectio~ 21, Township 33. Range 26-- '~ ' with South llne I/4 Section 21 City of Elk River Sherbume County, MN 0 SCALE N 100 200 300 IN FT..ET Drainage and Utility Easements are shown thus: I I , III Ilo __ '_0£___ ~ IL---------L----- Being I0 feet in width and adjoining right of-way lines, also being § feet in width and odjoinlng lot lines, unless otherwise indicated, os shown on the plat. LEGEN~D EXISTING CONTOURS EXISTING CULVERT EXISTING TREE TREE LINE FOUND MONLIdENT SET MONUMENT FOUND CAST IRON MONUMENT WETLAND SiGN SOIL BORINGS POLE GUY ANCHOR ELECTRIC BOX TELEPHONE PEDESTAL DR/UN 99LE Septic System Location 0200 ~ ~ Possible Primary and Secondary possible House Pad Location Soils Chor~ ZONING;: Existing Home site. Mop symboll HydrologicI Water table MINIMUMS: Lot Size: 2 I/2 Ac & sar ....1 c)roup [ depth ~1260C; Stony LakeI A I :~5.0 j 55' Front 20' side yard 30' rear yard 70' State Highway 50' County Rood {~k Rlwer. Mn. 553Z~0 (763) 753-- 1750 DEVELC~OER: D~amics Desig~ & Land Co. (763) 441-8591 (Office) That part of the South Half of the Southeast Quarter (S I/2 of SE I/4) of Section Twenty-one (20, Township Thirt~-thres(53), Range Twenty-six (26), in Sherburne County. Minnesota. described os follows: Commencing at the County Rood No. 77, as now laid out and constructed; said point of South line to o point 330 feet west of the East line of the Southwest Quarter line of said South Half of Southeast Quarter to the South line thereof; thence East along the South line of said South Half of Southeast Quarter to an SCALE IN ~T _ --~z ...... EXISTING CONTOURS · FOUND MONUMENT / J ~ I I I 't / 0 SET MONUMENT ' ' ' ~ ' I ~ / ~ FOU. O CAS~ ~.ON ~O. UaE.T I// /~. ~.~.~m~m.~'.%--- ....... ~ ~ i ~ ' ~'. ]~ .' ~ ' ' ,,.--T / .~" ':'~'~?.' / li~ ~ ~Y ANCHOR _'/I'I// ~ ~--.---;'. -. ~ '.. .... ~.,X ~ ~'"'~ ~.m~3; )/;;'. -~_" ~. ,, ~_~ .,' ."".'~_ .. If/ ' - · , ' "/ '7,; ~ BA~N ~ ELECTRIC 8OX --, .~, r,;, ~-~. '--.-'c.-.'-.- .~ .... . , ~ ,'~%' I. -~ ~ / .',,'/' [/~-.../',, ',¢ ~ "_ ~ ' IE IO28.0 .. ~::~,'jj'J/ :::::':~::'?:~L-L:::~:::::::/'? "L ( ~ J ~-. /;~'~.~"'/t / .:" ..'/// :' ~ (~E DET~L) D TELEPHONE PEDESTAL :.~:--~:~-::~:~-:.:f.::. ~'-~-~-::-~'~:~-.'-~. / ,[,('..', 1 ~ '['"-~.' ,*':~ / / / I R~OOM RIP-R~ mmmmmm PROPOSED SILT FENCE ~ ~ ~::;~!-;~:{~;::t .--: ::~ ~:~::'~:,~:i, .~. ~-[ .... : '::-2_? ?:. '"--" ,'./, ~;~ ;/~ [Aa SOE . m PROPOSEO BALE CHECK ::{ ~L"-;:-'-'~:~-': RET~NG~ ~ ; ~ .'~"~7~ ~?::2:::. ~ ] ~i'~i~;:-~;~,:2':~ IE IO33.~5 N m PROPO~D CATCH BASIN :' ~ ~ '- '-""<':-~'-/''""':""-:'%'" ('"'c:~":~ ..... ~ ~" ~ ~¢ I / '/;"Fir .... ~a',' ,, ~ , =:: ?~4 LF- 15 ~,'~ ~;;.;,,'t~e;.::;~?¥~.;~-:c?-~. :~/~ ... .. , ~ ~ ~, :-.;~-~ ~ :C~2 ~ . , t~..'.~: :~ ~%.,'~*~- BITUMINOUS · MATCH POS~8~ HOUSE PAD LOCATION ~ ~:'-~--' ' '"'~~TEMPOR*~Y ROCK , . ~ ~:~.:?;~;~_~ PRiDeD GROUND ELEVATION C~ ::-':~ ~:7~ ~~- . _ ~. - ~ .' ' ~ ~,..~~ ~.-7~: CONSTRUCTION FWD = OENO~S ~L WALKOUT r, ~---::~:?::: ~~~~, ~ - ~~ ~ - . .' ' ~ ~'~, ~ ENTRANCE ~ST[~ ~AR*~ PAD [LEWT~S ::: ::ZZ'~?:~:¢J2~~~',)~ / ~~,~" ~ (SEE DETAIL) ., ...... . . ............... ~ .,.. .. , .... , .... . -. , - ,, :,;, ,' ;, :2~:.-.. :?;::.~.;,;~s.~.;?~tB~C.~:~/~:~._~:' t ~,~E '. ~: ',:~ ~ I. Contract~ ~afl c~fine constmcti~ operations to the constaction ,~,~ ," /,,', ~?~ '~1 i''~q~,,'~., 2. ~11 ~ ~11 c~f~ [o th~ ~innesota Polluti~ C~atrol Ag~cy's S[~ Water ~'~ ,,' .,' ~/f / ' : ~-- ~-~ : ~'~-~'~"~'~:~:~ ...~:.~L ,.. ~ ~ ;, ', ~tt ~ . ,~'~;c Permit requirements. C~tract~¢ ~oll obtain NDPS p~rmit and c~mpty ~itk all ,-.', ~'.',' =" :: ';:::: ::::?:.z-:~::~:?::~:::-:t:::;.~???~;:~:~:~;~:x~Z~T.~':'' .... ::'.. :.~..' ~.':.':.; ~... ~' .:-:j:::,.:.".,'/;-~.'" --' .....~ ~o.J ~7'-~ '- ~,=,..,,o. ,...~,,,.~ ,o ,~, 1~: ' : ~?'""' "~" ....... ~' 5. The site soil .... i .... d ~dim~t c~tra facilities shall be installed and ma,ta~ , f~ wlth the standards ,~ified by the (MPCA)- .... Orainfield Note: Build~ ~all O~i~n/Bu~d ~ Designate the drainfietd and s~tic sit~ ~ ~e field prior to home construction. 6. S~t fences ~all be installed prior the dis[u~ance of ~ny ar~s ~d maintained until all tribut~ distu~ areas are restored. 7. All soils tra~ onto pa~t ~ any o~er off--site ar~s ~oll be remo~ do~y. · The site s~im~t c~tr~ facilities for ~e pratt must be pri~ to any site grading op~ati~. Contact the ~ and Water Conse~tion District (SWCD) once said facilities are ~nstalled ~nd bef~e GOPHER STATE ONE CALL ~. ~, ~,ctor ~,11 ~ .... p~.ible for t~ ...... I of .11 ~o,~ ~ m~sures, includin~ s~t f~ce ~ bales, up~ estobli~m~t lO. All ditch~ ~nd ~re~s distu~ during c~st~ction ~11 ~e ~ ~ as po~l~ Any fini~ ~r~s ~11 b~ s~ed ~nd mulched wi[bin I~ du~ ~ fini~cd groding i~ c~plet~ ~cc~donce to M~ot 2575. ~o~ p~, ~1~117 I~t ~ow~ p~e Il. ~1 distu~ed ~r~ ~1 ~ r~et~t~ wi~ se~ mix 5~. mul~. f~iliz~ ~ Of ~way tO 0 ~nMI ~y ~ di~ angled. LAFAYETTE WOODS OUTLOT A I LEGEND EXISTING CONTOURS EXISTING TREES EXISTING TREE LINE FOUND MONUMENT SET MONUMENT FOUND CAST IRON MONUMENT WETLAND SIGN POLE GUY ANCHOR ELECTRIC BOX TELEPHONE PEDESTAL Possible PHmary and Secondary Septic S)~tem Location (1200 s. fi) POSSIBLE HOUSE PAD LOCATION PROPOSED GROUND ELEVATION FWO ~ DENOTES FULL WALKOUT SUGGESTED GARAGE PAD ELEVATIONS PROPOSED 2" CALIPER MATURE SPRUCE PROPOSED STREET UGHT 0 SCALE I00 IN 200 3O0 i A FA ~"E T TE W,f),,')DS OUTLOT ,4 ~ 21, T~. ~ Rna. 2~ V1C~NITY MAP ECHO HILL 0 I00 200 300 SCALEIN FEET I INCH = I00 F££T / I B,ock I I - - S W 802.04 5 65.~ 99 OUTLOT A For the purposes of this plat the Eo~t line of the So~th H~lf of the Southeast Ouorter Is cssumed to bear North O0 degrees 14 minutes 50 asconds £ost and is based on the Sfle,"burne County Coordinate SJ~tem - NADSJ (1986) 3 127.12 190.24 97th Ct. / I I Parallel with South line of the S I/2 of the SE I/4 of Sec 21 --7 I PoJlt of Inte~aectlo~ with I / Centerl~e of County Rood 77 I J 20~39 I / \ ) s I/2 of the SE I/4 Legend: Drainage and Utility Eeasmmte ere aho~n thus: 0 Denotes set I/2 inch x 14 inch iron monument copped LS /6095 I Denotes I/2 inch x 14 inch iron monument copped LS 16095 to be set [Iii within I .year of date of recording i[il I I Denotes found iron monument __l~ ..... I [ ........ 11° ® Denotes cost iron monument [ [ Denotes I/m/ted access Being I0 feet in width and adjoining M Denotes measured distance right-of-way lines, also being 5 fast in width and adjoining lot lines, unleas otherwise Indicated, os ~nown on the plot. City of Elk River Sherbume County, MN ENOW ALL PERSONS BY THESE PRESENTS: That New InnovaUon Homes Ins., a Minuasof~ llmitsd liability company, fee owner of the folinwin~ described property situated in the C~ty of Elk l~ver, County of Sherburne, Stats of Minnasots, th-wit: That part of the South Half of the Southeast Quarter of Section 21, Township 33, l~e 26, in Sherburne County, ~Jinnasota, described as follows: Commench~ at the Southeast earner of said South Half of the Southeast Quarter;, thence north alon~ the east Uno thereof, 520 feet; thence West parallel with the South line of asld South Half the Southeast Quarter to an intsreection with the oenterline of County Road No. 77, as new laid out and constructed; said point of intersection b~ the point of be.~l_ ~.t~,, of the land to be described; thence West parallel with said South Uno a dtgmnoe of 18~ feet; thence North parallel with said East Line a distance of 220 fast; the=os West parallel with said South ll~e to a point 330 west of the East Line of the Southwest Quarter of the Southeast quarter of maid Section 21; thence South parallel with said East line of said South Half of Southeast Quarter to the south line thereof; thence East aiq the South lane of asid South Half of the Southeast Quarter to an tntsrasction with the oentsrllne of said County Road No. 77; thence Northerly along the eanterUne of sa~ Road to the point of Has caused the asme to be surveyed and platted u ECHO HILL. and does hereby donets and dedicate ts the County of Sherburne in fee titie for pubUc use forever County Highway No.77 u shown on this pint. Also dedioatin~ in the County of Sherburne the right to lh~ltsd aaseas to said County Highway Ho.77 as shown on th~ plat. Also dedicating to the city of Elk River for public use forever the thoroughfares as shown on this plat. Also dedicatin~ to the pubUe for pubUo uss forever the easeraente as shown on this pint for drainage and utAUty purposes only. In witness whereof ~aid New Innovation Homes Inc. has caused these presents to be si~ned by its Proper Officer this -- of 200 __. NEW INNOVATION HOMES INC. day Larry Sko2qub~ President ~TATE 0F MINNESOTA COUNTY OF The foregaln~ instrument was acknowledged before me thla __ day of , 200 __, by Larry Skogqulat, President of New Innovation Homes Inc., a ut~sote Unfltsd Uab~Uty company, on behalf of the company. Notery pubUc, County, Minnasoin I hereby certify that I have surveyed and platted the property described on this pint aa ECHO HILL; that this plat ts a correct representation of the survey;, that ail distances ere corroc-tly shown on the plat in feet and hundredth~ of a foot; that all monuments have been, or will be, correctly p/need in the ~round es shown on the plat within one year after rscordin~, or sooner as specified by the epprovin~ lcoal 2overnmeninl unit; that the outside boundary Unas ere correctly designated on the plat, and that there are no wet lands or pubUc highways as defined in MInnasota Statutes 505.02, Subd. 1, to be desi~natsd other than u shown on the plat. Dennis D. Pedereon, Land Surveyor ]/&nnesota License No. 16095 STATE OF MINNESOTA COUNTY OF 3HEI~IJRNE The fore2oin~ Surveyor's Certificate was ecknowiedged before me ~_ Surveyor, Mlnnesots License No. 16095. day of , 2002, by Dennis D. Pedereon, Land Notary public, County, Minnasots ~y Coati.ion Expires Approved and accepted by the City Council of the C~ty of Elk River, Sherburne County. Minnasoth et · meeting held this_ day of 2002. Attested: ~ayor City Clerk I hereby certify that proper evidence of UUe h2m bean presented to and ~*mi.ed by me and I hereby approve fids pint as to form and execuUon thla__ day of 2002. Elk E~er City Attorney Pursuant to Sherburne County Ordinance Number 006, I hereby certify that this plat has been checked and approved es to compliance with Chapter 505, ~Jxlnasota St~AtutsI th~ -- day of 2002. Recommended for approval th~__ day of__, Sherburne County Surveyor 20 . I hereby cortify talas payable in the year entered tld.__ day of Sherbm'ne County E~inesr on lands herein described are paid in full. and there are no deUnquent taxes, and that franker was 2002. Sherburne County Auditor/Treasurer I hereby certify that tkls instrument wu filed In the Office of the County Recorder for record on tins -- at -- o'clock -- .M., and was duly recorded as Docmnant No. day of 2002, Sherburne County Recorder Bogar Pederson & Associate Inc Sheet 7 of 7 Sheets RESOLUTION NO. 02 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Echo Hill Case No. P 02-09 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 July 15, 2002; 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. 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. 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 Member and duly seconded by Council Member The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: S:~PLANNING\RESOLUTI~02-09.DOC Page 2 WHEREUPON the resolution is adopted. Passed and adopted this 15th day of July, 2002. Stephanie Klinzing, Mayor 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 July 15, 2002. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ day of ,2002. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this ., 2002, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, Notary Public .S:~PLANNING\RESOLUTI~P02-09.DOC Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ,2002, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public S:~LANNING\RESOLUTI\P02-09,DOC Page 4 EXHIBIT A Legal Description: That part of the So~Jth Half of the Southeast Quarter (S 1/2 of SE I/4) of Section Twenty-one (21), Township ThirtY-three(3.3), Range Twenty-six (26), in Sherburne County, I~innesotc~, described as follow, s: Commencing at thc Southeast comer of said South Half of Southeast Ouorte¢, thence North along thc cast linc thereof, 520 feet; thence West parallel with the South tine of said South Halt of Southeast OuarAer to on intersection with thc c~nteriin¢ of County Road No. 77. os now told out and constructed; said point of intersection being thc point of beginning of the land to bc described; thence West parallel with said South linc ¢ distance of 165 feet; thence North parallel wi~:h said East line o distance of 220 feet; thence West porollct with said South linc to o point .350 feet west of the East line of the Southwest Quarter of Southeast Ouorter of said Section 2!; thence South parallel with said East line of said South Half of Southeast Ouorter to the South line thereof; thence East along the South Iinc of Laid South Half of Southeast Ouorter to on inte'section with the centedine of nejd County Rood No. 77; thence Nod:he. dy along the centeriine of said Rood to the point of beginnTAg. S:\PLANNING\RESOLUTI\P02-09.DOC Page 5 EXHIBIT B Conditions: 1. 2. 3. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE ADDRESSED. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK RIVER MUNICIPAL UTILITIES. 4. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 5. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 6. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. 7. PARK DEDICATION SHALL BE IN LAND (1.5 ACRES) AND SHALL BE IN A TRAIL CORRIDOR ALONG THE SOUTH PROPERTY LINE OF THE PLAT. 8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS. 9. THE DEVELOPER SHALL BE RESPONSIBLE FOR REMOVING ALL DEAD/FALLEN TREES WITHIN THE PROPOSED TRAIL CORRIDOR. 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. MAILBOXES SHALL BE CLUSTERED. 12. THE PLAT SHALL COMPLY WITH THE R1A SETBACK REQUIREMENTS. 13. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 14. 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 CLEARING OR GRADING COMMENCING. 15. LOTS 3 & 4 SHALL BE ALLOWED TO BE LESS THAN THE REQUIRED LOT WIDTH OF 160-FEET. 16. LOT 4 SHALL BE ALLOWED TO BE LESS THAN 2.5-ACRES. S:~DLANNING\RESOLUTI\P02-09.DOC Page 6