02-067 RES RESOLUTION NO. 02 - 67
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Woods at Hillside Third Addition
Case No. P 02-16
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 April 19, 1999; 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 CITYOF 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.
Eo
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.
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
'~veite and duly seconded by Council Member
~ues~:er The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Kuester, Tveite, and
Hotin
The following voted against the Resolution:
None
The following were absent:
Councilmember Dietz
WHEREUPON the resolution is adopted.
Passed and adopted this 15th day of July, 2002.
Step~anie KlinZing~l~ay&
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 ~-~'~.y, ,2002.
~'and'ra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
'~ ~:--~' The foregoing instrument was acknowledged before me this
Minn~¥ota.ds , 2002, by stephanie Klinzing, Mayor, City of
Notary Public
_L.~_~day of
Elk River,
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /~¢' day of
-~'t2,~.,,(. ,2002, by Sandra Peine, City Clerk, City,of Elk River, Minnesota.
~ ~ U¢^R'~puBuC-u~u"~S°t^ ]~ Notary Public
~ My Commission Exp~re,~ Jan 31, 2005
EXHIBIT A
Legal Description:
Lot 4', Black 3, THE~OODS AT HILLSIDE SECOND, Sherburne County. Minnesota.
and also that port of the West Half of the Northwest Quarter of Section 26, TownshiD 3.~, Range 26, Sher~urne County, Minnesota described os follows:
Commencing at the southwest corner of said West Half of the Northwest Quarter of Section 26; thence North 88 degrees 22 minutes 5B seconds East,
assumed bearing, along the so,u~.h:,iine of said West Half of the Northwest Ou(srter 55.4,5 feet to the point of beginning of the line to be described;
thence North 5 degrees 08 nineties 22 seconds East 139.09 feet;thence easterly and northerly 85.a.5 feet along o nontongential curve concave to the
northwest with a central angle o/' 75 degrees 19 minutes 4.6 seconds, a radius of 65.00 and having a chord which bears North 57 degrees 28 minutes
29 seconds East; thence North 11 degrees 36 minutes 50 seconds East tangent to lost said curve 84,.28 feet; thence Northwesterly 51.15 feet otong o
nontangential curve concave to the northeast with a central angle of 89 degrees 11 minutes 25 seconds, a radius of 20.00 feet and having a chord which
bears North 28 degrees ¢4 minutes ¢1 seconds West; thence Northerly 89.59 feet along o tangential curve concave to the West with a central angle of
1t degrees ¢5 minutes 09 seconds a radius of 435.80 feet. and having Q chord which bears North g degrees 58 minutes 78 seconds East: thence South
90 degrees 00 minutes 00 secor~ds Eos.t 14-3.4,,3 feet; thence South 0 degrees 0C minutes Od seconds East 132.50 feet; thence easterly 37901 feet
along o nontongentiot curve conc0ye to the north with o central angle of 4-5 degrees 25 minutes 4,8 seconds o radius of ¢78.00 feet and having a chord
which bears North 66 degrees 17 minutes 07seconds East; thence easterly 186.82 feet on o reverse curve concave to the south with o centrot ongte of
2_4- degrees 15 minutes 00. seconds and a radius of 4,z, 2.00 feet; thence northeasterly and northerly 29.25 feet along o tangential curve concave to the
northwest with o centrot angle of 85 degrees 4,7 minutes 1,3 seconds o radius of 20.00 feet; thence North 16 degrees 00 minutes West 32.57 feet;
thence North 74, degrees 00 minutes East 60.00 feet; thence South 16 degrees 00 minutes East 52.37 feet; thence southeasterly 29.25 feet along o
tangential curve concave to the northeast with c central angle 8,3 degrees 4,7 minutes 15 secon0s and o radius of 20.00 feet; thence easterly 22g.79
feet on o reverse curve concave to the south with o central angle 29 degrees 4.7 minutes 15 seconds and o radius of 4,42.00 feet; thence South 70
degrees 00 minutes 00 seconds East: 22,~.02 feet to the east line of said West Half of the Northwest Quarter; thence South I degree 4.9 minutes 4.8
seconds East along said east line 590.82 feet to the southeast corner of said West Half of the Northwest Quarter; thence South 88 degrees 22 minutes
58 seconds West along,the south line of said West Half of the Northwest Quarter 12.73.75 feet to the point of beginning and there terminating.
_ EXHIBIT B
Conditions:
I. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
e
e
e
10.
THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S
AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF
THE DEVELOPMENT.
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 FOR 16 LOTS AT THE CURRENT RATE
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.
I I.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.
12. THE LANDSCAPE PLAN WILL HAVE TO COMPLY WITH THE
LANDSCAPING REQUIRED IN SECTION 1008 OF THE ELK RIVER
CITY CODE.