02-063 RES RESOLUTION NO. 02- 63
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Mississippi Oaks 3rd Addition
Case No. P 02-11
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, 1996; 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.
B°
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
Motia and duly seconded by Council Member Tve'ite 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 Diet~.
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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 cop..~ of the resolution as adopted by the City Council of the City of Elk
River on/"///(?~ /S"- ,2002.
Wi~N~S my hand officially as such Clerk and the corporate seal of the
City this j5~ day of '~"~\.,(,- ,2002.
S"andra Peine, Cit~Clerk '
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~day of
~.~t\v' , 2002, by Stephanie Klinzing, Mayor, City of Elk River,
MinneSota. ,~~.~
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~ ,The foregoing instrument was acknowledged before me this 14;~ day of
.,.\~^kv' ,2002, by Sandra Peine, City Clerk, City of. Elk River,-~nesota.
~ ~ TINA M. ALLARD ~ Not~y Public
~ lay Comn-aslon F..~ ,~ar~ 31.200S
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EXHIBIT A
Legal Description:
That part of the Southwest Quarter of the Southeast Quarter of Section 32,
Township 33, Range 26, lying south of the centerline of County State Aid
Highway No. 30, and lying East of MISSISSIPPI OAKS, according to the
recorded plat thereof
AND
That part of Government Lots 2 and 3, Section 5, Township 32, Range 26,
Sherburne County, Minnesota, described as lying northerly of MISSISSIPPI
OAKS SECOND ADDITION, according to the recorded plat thereof, lying easterly
of MISSISSIPPI OAKS, according to the recorded plat thereof, and lying westerly
of the following described Line D
Said line D being described as Beginning at the most easterly corner of Lot 1,
Block 3, said MISSISSIPPI OAKS SECOND ADDITION; thence North 30
degrees 14 minutes 21 seconds East along the northeasterly extension of the
southeasterly line of said Lot 1, Block 3, for a distance of 16.43 feet; thence
North 7 degrees 37 minutes 47 seconds East for a distance of 38.71 feet; thence
North 40 degrees 53 minutes 24 seconds East for a distance of 110.00 feet;
thence North 68 degrees 25 minutes 39 seconds East for a distance of 65.00
feet; thence North 27 degrees 36 minutes 20 seconds East for a distance of
185.00 feet; thence North 69 degrees 19 minutes 54 seconds East a distance of
140.00 feet; thence North 17 degrees 28 minutes 23 seconds East for a distance
of 255.00 feet to a point to be hereafter known as Point No. 1 for the purposes of
this description; thence North 31 degrees 01 minutes 54 seconds West to
intersect the North line of said Section 5, Township 32, Range 26 (also being the
South line of said Section 32, Township 33, Range 26) and there to terminate
said Line D.
AND
That part of Government Lots 1 and 2, Section 32, Township 33, Range 26,
Sherburne County, Minnesota lying Southerly of the centerline of County State
Aid Highway No. 30, lying westerly of west line of the duly recorded plat of
ORONO HILLS ADDITION and its southerly extension and lying northwesterly of
Line F to be hereinafter described.
Said point of intersection and point of termination of Line D also being the actual
Point Of Beginning of said Line F to be hereby described; thence continue North
31 degrees 01 minutes 54 seconds West, and along said Line F, for a distance of
205.00 feet, as measured along said line, from said Point No. 1; thence North 36
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degrees 23 minutes 41 seconds East for a distance of 100.00 feet; thence North
78 degrees O0 minutes 38 seconds East for a distance of 110.00 feet, more or
less, to intersect the Southerly extension of the West line of the duly recorded
plat of ORONO HILLS ADDITION, said County, and there to terminate said Line
F.
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EXHIBIT B
Conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
3. A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
4e
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.
5. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
6. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
ge
THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE
FINAL GRADE FOR OUTLOT A AND ESTABLISHING VEGETATIVE
COVER.
8. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
9. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
10.
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 THE PERIOD OF ONE YEAR.
11.
A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
12.
A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
13. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
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14. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
15.
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.
16.
THE PARK AND RECREATION COMMISSION WILL REQUIRE FOR
PARK DEDICATION PURPOSES UP TO 2.7 ACRES OF LAND BEHIND
LOTS 25-29, BLOCK 2. IF THE 2.7 ACRES OF LAND IS NOT
AVAILABLE, CASH DEDICATION FOR THE REMAINDER TO BE
PAID AT THE RATE REQUIRED BY THE CITY PRIOR TO
RELEASING THE PLAT FOR RECORDING. THE DETENTION
POND SHALL BE DELETED FROM THE 2.7 ACRES.
17. ALL MAILBOXES SHALL BE CLUSTERED.
18. ALL COMMENTS OF THE COUNTY PUBLIC WORKS DEPARTMENT
SHALL BE ADDRESSED.
19. SIDEWALKS SHALL BE PROVIDED AS INDICATED ON THE
UTILITY PLAN.
20. CONSERVATION EASEMENT FROM TREE REMOVAL SHALL BE
FILED PRIOR TO THE CITY EXECUTING THE FINAL PLAT.
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