02-068 RES RESOLUTION NO. 02 - 68
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:
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
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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.
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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
Motin and duly seconded by Council Member
T~eite The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Kuester, Tveite, and
Motin
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.
~li'nzin~g '~yor
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
Citythis ~ day of ~"~t4\¥' ,2002.
!
~ar~dra Peir~e, (~ity-Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
~'-'"~' The foregoing instrument was acknowledged before me this ~day of
Minn~'Y'ota.~s , 2002, by Stephanie Klinzing, Mayor, City of Elk River,
NOTARY PUBLIC- MINNESOTA
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
foregoing instrument was acknowledged before me this I~~ day of
,2002, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
~ * MINNESOTA ~
Notary Public
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- EXHIBIT A
Legal Description:
Th(et part of the South Half of the South, east Quarter (S I/2 of SE t/4) of
Section Twenty-one (2I), Township Thir*,.y--three(}3), Range T~ent),-si× (26),
in Shc~rburne Coun(y, ~innesotc. described os follows: Comm~ncin~ at the
Southeast comer of said South Half of ~thcast ~am~ th~nc~ N~h otong
th~ c~st line thereof, 520 feet; three West perollel with th~ S~th tine of
said South Hotf of Southmost Quod¢ to on intersection ~ith ~e c~tedine
C~nty Rood No. 77, os now laid out and c~st~cted; s~id point of
intesection being the point of beginning of thc land to be descried;
West p~rollct wi~ said ~th line c d}st~nce of 165 feet; th~nc~ North p~rall~
with s~id Eost linc o d~stoncc of 220 feet; thence West poroll~ with
South Eno to ~ point 550 feet w~t of ~ Eost fine Of the Southw~t
of Southeest ~o~er of soid Section 2[; ~encc South p~rollel with said East
line of soid 'S~ Hotf of Sou~e~st Ou~cr to the ~uth line
East oleg thc South fine of said S~th Half of Southeost Ouo~er to on
int~sect~ with the centedine of said C~nty R~d No. ~; thence N~h~y
alan¢ the cent~ine of said Rood to the point of beginn~g.
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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.
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