02-060 RES RESOLUTION NO. 02- 60
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Marshes of Trott Brook Farms
Case No. P 02-08
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 May 20, 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.
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.
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.
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.
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 Member
Tveite and duly seconded by Council Member
Kuester The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Kuester, Motin, and
Tveite
The following voted against the Resolution:
None
The following were absent:
Councilmember Dietz
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WHEREUPON the resolution is adopted.
Passed and adopted this 15th day of July, 2002.
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.
WIT.N~ESS my hand officially as such Clerk and the corporate seal of the
City this I~ day of ~--~k,y' ,2002.
~ar~dra Peine, C'~ty Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
, _ The foregoing instrument was acknowledged before me this I'~P'day of
~\y, i~ 2002, by Stephanie Klinzing, Mayor, City of Elk River,
Minnes'ota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this IS~' day of
,,..~,¥ ,2002, by Sandra Peine, City Clerk, City of Elk
River,
Minnesota.
Notary Public
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- EXHIBIT A
Legal Description:
That part of Outlot C. TROTT .8ROOK F.4RMS, according to the recorded plat thereof, Sherburne County, Minnesota I.~4ng southerly of
Troll Brook Parkway. as dedicated on TROI'7~ 8ROOK FARMS 8TH ADDITION, according to the recorded p/at thereof, said Sherburne
County and northerly, northwesterly, northeasterly and westerly of the following described line and its westerly and northerly
extensions:
Commencing7 at the most southerly corner of Outlot J. said TROTT 8ROOK FARMS; thence South OO degrees 08 minutes t8 seconds
East. assumed bear(nE, along a west line of said TROTT BROOK FARMS, a dlstonce of 979.28 feet to the northwest comer a£ the
Northeast Quarter af the Southwest Quarter of Sect/on 35. To~nshlp 3.3. Range 2E. said Sherburne County. thence South O0
degrees 08 minutes ,,~5 seconds East, along the west fine of said Northeast Ouorter of the Southwest Quarter, a distance of 8.44
feet to the paint of beginning of said line: thence North 89 degrees 08 minutes .78 seconds East. o d/stance of 560. g2 feet to
the north line of said Northeast Ouartet of the South,,est Quartet". thence North ¢1 degrees 08 minutes 54 seconds Eqst, a
distance of 432.51 feet: thence South 46 degrees .TO minutes 58 seconds East, o distance of I74.04 feet; thence North 4,~
degrees 35 minute~ 06 seconds East. a distance of `390.68 feet: thence North Og degrees 18 minutes 07 seconds East. o distance
of 2E8. IS feet to the south right of way line of sold Troll 8rook Parkway and there terrnlnoting.
Together with:
That port of the Southwest Quarter of the Northwest Quarter of Section `35, Townsh~ `3~. Range 25, Sherburne County, Minnesota
which lies Southeasterly of the 5outheosterty right-of-way line of County 5tote Aid Highway No. I`3.
Which lles Eastedy and Southeasterly of a line to be hereinafter referred to as "Line A': drawn parallel with and distant 30.00 feet
Easterly and Southeasterly of the fo/lowing de$cr~73ed llne:
Commencing at the Southwest corner of said Southwest Quarter of Section .TS; thence South 89 degrees 5~ minutes I.T seconds
East. on an assumed bearing along the 5"outh line of said Southwest Quarter, o distance of 1155.26 feet; thence North .T2 degrees
51 minutes 28 seconds East, a distance of .~26.12 feet to the actual point of beginning of said line to be hereinafter described:
thence contlnuin~ North `32 degrees 5I minutes 28 seconds East. o distance of 146. J2 feet; thence Northeasterly. Northerly. and
Northwesterly, o distance of 718.51 feet along q tangential curve concqve to the West. having o rodlus o/ 600.00 feet qnd a
central angle of B8 degrees ~6 minutes 44 seconds; thence North `35 degrees 45 minutes 16 seconds West, tqngenJ to said last
described curve, a distance of 548.8,T feet; thence Northwesterly. o distance of 49,~.8g feet. along a tangential curve concave to
the NortheaSt, hovin~ a radius al 984.25 feet and a central annie of 28 degrees 45 rnlnute$ 02 seconds; thence North 07 degrees
· O0 minu~e$ ~i4 seconds West, tangent to said lost desc~'ibed curve, a distance of $`3T.g`3 feet;' thence Northerly and Northeasterly,
a distance of 6`39.5& feet. along o tangential curve concave to the· Southeast. having a rqdius o£ 600.00 feet and a central angle
of 61~ degrees04 minutes 2`3 seconds to a point to be here/no(tar referred to os 'Paint B' and there term/nat[nE.
And o/so that pq~'~ of said Southwest Quarter of the Northwest Ouarter of Section ,35 which /[es Northeasterly o£ a llne which
bears South ,TS degrees 55 minutes 5I seconds Eqst and passes through said above referenced "Point 8".
Except that port o£ said Southwest Quarter of the Northwest Quarter described as follows:
Commencing at the Southeasi corner o[ said Southwest Ouarter o£ the Northwest Quarter; thence North 89 degrees 5g minutes ~7
seconds West. an assumed bearing along the South llne of said Southwest Quarter of the Northwest Ouorter. o d/stance a[ 292.09
feet to the point of beginning of said parcel to be hereino£ter described; thence North 07 degrees O0 rninute$ 14 seconds West. a
d[stance of 40. E`3 [eec thence NOrtherly. Northwesterly, and Westerly, a distance o£ 10g. 96 feet. along a tangential curve concave
to the Southwest, having a rod/us o[ 70.00 feet and q central angle of gO degrees O0 minutes O0 seconds; thence 5outh 82
degrees 59 minutes 46 seconds West. tangent to said /asl described curve, a distance of 70. 7.3 feet to the intersect[on w/th said
aOove described reference 'line A'; thence Southerly. along sa[d above described reference 'L/ne A" to the intersection with said
South line o£ the Southwest Quarter of the Northwest Quarter; thence Easterly. along said South fine or' the Southwest Quarter of
the Northwest Quarter to the pain( of beginning.
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- EXHIBIT B
Conditions:
I. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT.
e
10.
II.
12.
13.
14.
THAT THE MAILBOXES SHALL BE CLUSTERED.
A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE
PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE
CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED
BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100%
OF THE COST OF THE IMPROVEMENTS.
A WARRANTY BOND SHALL BE PROVIDED AFTER THE
IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE HELD
FOR ONE YEAR.
SIDEWALKS SHALL BE PROVIDED ON ONE SIDE OF ALL STREETS.
A HOMEONWERS ASSOCIATION SHALL BE ESTABLISHED FOR THE
MAINTENANCE OF THE COMMON AREAS INCLUDING THE
EMERGENCY ACCESS TO TWIN LAKES ROAD. A COPY OF THE
DOCUMENTS AND BUDGET SHALL BE PROVIDED TO STAFF.
A DETAILED LANDSCAPE PLAN FOR THE AREA AROUND THE
TOWNHOUSE UNITS WILL BE REQUIRED.
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 GRADING COMMENCING.
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15. THAT THE APPLICANT COMPLIES WITH THE WETLAND
CONSERVATION ACT AND THAT:
· A TECHNICAL EVALUATION PANEL REVIEW ANY FILLING OR
MITIGATION OF WETLANDS.
· THE DEVELOPER'S AGREEMENT FOR THE PROJECT INCLUDE
LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS
OF THE WETLAND MITIGATION ON THE DEVELOPER.
· THE DEVELOPER OBTAIN ALL THE APPLICABLE PERMITS PRIOR TO
FILLING ANY WETLANDS.
A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY
EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS
WITH THE RECORDING OF THE FINAL PLAT.
· THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE
AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS
INCLUDING THE COST OF THE MITIGATION WORK.
· THAT THE DEVELOPER 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 RELEASING THE LETTER OF
CREDIT.
16. VANCE STREET BE CONNECTED ACROSS THE GAS LINE EASEMENT
AND,r SHOULD THAT CONNECTION PROVE UNWORKABLE, THEN
CONNECT VANCE DRIVE WITH TYLER COURT.
17. THE TOWNHOUSE EXTERIORS CONSIST OF MULTIPLE COLOR
PALLETS.
18. ALL COMMENTS OF THE SHERBURNE COUNTY HIGHWAY
DEPARTMENT SHALL BE ADDRESSED
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