02-064 RES RESOLUTION NO. 02 - 6/~
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Kliever Lake Fields East
Case No. P 02-02
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
iegally 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:
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.
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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.
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.
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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 Klin~-ing, Councilmembers Tveite and Kuester
The following voted against the Resolution:
Councilmember Motin
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 copy~of the resolution as adopted by the City Council of the City of Elk
River on C~'_}~,., /5'~- ,2002.
W SS my hand officially as such Clerk and the corporate seal of the
City this Iz~~ day of ~'~\¥ ,2002.
~an~lra Peine, Cit~ Clerk '
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this j_~day of
~.~ , 2002, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesbta.
NOTARY PUBLIC - MINNESOTA
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
_.~ \The foregoing instrument was acknowledged before me this I% day of
~.._~ L~\~ ,2002, by Sandra Peine, City Clerk, City of Elk River,-~nesota.
~, ~ NOTARY PUBLIC - MINNESOTA j~ Notary Public
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EXHIBIT A
Legal Description:
That part of Outlot A, KLIEVER LAKE FIELDS, according to the recorded plat
thereof, Sherburne County, Minnesota, lying northerly, northwesterly,
northeasterly and easterly of the following described line:
Commencing at the northeast corner of said Outlot A; thence South 02 degrees
06 minutes 43 seconds West, assumed bearing, along the east line of said Outlot
A, 673.65 feet to the point of beginning of the line to be described; thence North
88 degrees 14 minutes, 52 seconds West, 36.71 feet; thence westerly 340.60
feet along a tangential curve concave to the southeast having a radius of 380.00
feet and a central angle of 51 degrees 21 minutes 21 seconds; thence South 40
degrees 23 minutes 47 seconds West, tangent to last described curve, 119.19
feet; thence North 49 degrees 36 minutes 13 seconds West, 29.40 feet, thence
Northwesterly 98.32 feet along a tangential curve concave to the northeast
having a radius of 225.00 feet and a central angle of 25 degrees 02 minutes 09
seconds to a point of reverse curvature; thence northwesterly 8.82 feet along a
tangential curve concave to the southwest having a radius of 300.00 feet and a
central angle of 01 degrees 41 minutes 03 seconds; thence South 48 degrees 36
minutes 15 seconds West, not tangent to last described curve, 121.49 feet;
thence South 59 degrees 56 minutes 29 seconds West. 54.68 feet; thence North
89 degrees 38 minutes 56 seconds West, 305.39 feet; thence North 70 degrees
46 minutes 47 seconds West, 177.87 feet; thence North 32 degrees 36 minutes
56 seconds West, 50.00 feet; thence North 00 degrees 27 minutes 44 seconds
West, 129.06 feet to the southeast corner of Lot 5, Block 5 KLIEVER LAKE
FIELDS, and said line there terminating.
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EXHIBIT B
Conditions:
THE PLAT SHALL BE REVISED TO INCLUDE RIGHT OF WAY TO EXTEND
179TM STREET TO FILLMORE AND TO CONNECT THE TOWNHOME
STREET TO 179TM STREET. BOTH STREETS SHALL BE CONSTRUCTED 1N
THIS PHASE OF THE DEVELOPMENT.
2. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
3. THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF THE DEVELOPMENT.
4. THAT THE MAILBOXES SHALL BE CLUSTERED.
5. A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
6. AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY THE
CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
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STORM WATER MANAGEMENT FEES IN THE AMOUNT DETERMINED
BY THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
8. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
9. THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR 100% OF
THE COST OF THE IMPROVEMENTS.
10. A WARRANTY BOND SHALL BE PROVIDED AFTER THE IMPROVFaMENTS
ARE ACCEPTED BY THE CITY AND SHALL BE HELD FOR ONE YEAR.
11.
A HOMEOWNERS 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.
12. THE BUILDING MATERIAL PROPORTIONS SHALL COMPLY WITH THE
STANDARDS ESTABLISHED IN THE R3 DISTRICT.
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