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02-097 RES RESOLUTION NO. 02 - 97 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Windsor Oaks of Elk River Case No. P 02-18 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 September 16, 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. 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 o 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. Go 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 ~going Kuester Tvelte resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. Councilmembers Kuester, Tveite, Mayor Klinzing The ~llowing voted againstthe Resolution: Councilmember Motin and Dietz The following were absent: None WHEREUPON the resolution is adopted. Passed and adopted this 21st day of October, 2002. st~Ph~nie Klinzi~ 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 October 21, 2002. WITNESS my hand ,offi, cially as such Clerk and the corporate seal of the City this ~1~ day of ~ c~b~ ¢'- ,2002. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE _ ~The foregoing instrument was acknowledged before me this ~)13~ay of ¢-.~:_~'L-~r- , 2002, by Stephanie Klinzing, Mayor, City of Elk River, Minnesota. Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE _The foregoing instrument was acknowledged before me this '~1 day of L'-~)~--¥~,<~.r- ,2002, by Sandra Peine, City Clerk, City/of Elk River, Minnesota. EXHIBIT A Legal Description' The Southwest Quarter et~ the No~heast Quarter and that port of the Northwest Quoter of the Southeast Quarter that lies North of railroad, oil in Section 50, Township 5.3, Range 25, Sherburne County, lvlinnesoto. EXCEPT: Thc( part of the Southwest Quarter of the Northeast Quarter of Section 50, Township 35, Rcnge 26, Sherburne County, M~nnesctc described ~s commencing ~t the southwest corner of said Southwest Quarter of the Northeast Quarter; t~ence North 0 degrees 57 minutes 0~ ~eccnds E~st, ~ssu~ed bqsis of bearings, ~lonq the West line t~ereof for 2~8.&8 feet to the cctu~t faint of beginning cf the Icnd to be hereby ,described; (hence South 82 degrees 02 m~nutes 57 seconds E~st for ~52.~8 feet. more or less, to intersect the Edst Hne of (~e West 550.00 feet. qs measured ~t ngbt ~ngles, of said ~outhwest Quarter of the Northeqst Quarter; thence No~h 0 degrees 57 minutes 05 ~ecgnds E,:st ~tong ~id E~st line of the West 350.00 feet for 352.~8 feet; thenc~ North 82 degrees 02 minutes 57 seconds West for 532.¢8 feet. more o¢ tess to intersect s~id West line of ~he Southwest Oud~er of the Northeast C,u~rter; t~ence Sout~ 0 degrees 57 minutes 0~ seconds ~Nest ciong s~id West line for 3~2.~8 feet to the point cf beginning. Together with cn easement for driveway purposes, iQ feet in width, the centertine of said easement being described os commencing at the southeast corner of the Northwest Quarter of Section 50, Township 55, Rcnge 25, Sherburne County, Minnesot~; t~ence west ~tong the South line of said Northwest Quarter for 907.8% feet; t~ence north ~t right ~ngtes along ~ line to be hereqfter known cs Line "A" for purposes of this descrintion for 295 feet to o point to be hereo~er known os Point "8" for t~e purposes of this description; thence continue North clang said Line "A" for 570 feet to o point to be hm'eofter known os Point "C" for the purposes of this description; thence northwesterly to o point on the West line of said Northwest Quarter ~ distance of 1105 feet north of t~e Southwest corner of s~id Northwest Quarter, soid point olso being the octuol point of beginning of the centerline to be hereby described: thence return southeasterly to soid Poin~ "C"; thence south o[ong soid Line "A" for 559 feet; thence southeosterty for o~out 358 feet to ~ point to ~e here,zfter known os Point "0" for the purposes of this description, soid Point "O" being olong o [ire to be hereafter known os Line "E" being described os follows: aeginning at the orate described Point "B"; thence eostedy oiong said Line "E" ,for 2¢1 feet to sold Point "O"; thence continuing eostedy along said Line "E" to terminate same ~t o point on the East I[ne of s¢id hlort~west Quarter ~ dis(once of 122 feet north of the Southeast corner thereof. Thence, from said Point "O", eosterl7 olong so[d Line "E" for ¢80 feet; thence southeasterly for about 192 feet to ~ point on said E~st tine of the Northwest Quorter o distance of 57.5 feet north of ~oid Southeost corner thereof; thence north oiong sold E~st line of the Northwest Quoter for 155 feet ond there terminating said center(ire. Subject to c ncnexdusive ecsement, for rocdwcy purboses granted to the City of Elk River for the limited purp~oses of providing emergency vehicular access to the above descr(bed excaption, aver and across the West 2C.0O feet of that part cf scid Southwest Quarter of the Northeast Quarter lying ~out~ of t~e Sout~ line of t~e ~bove described exception; ~nd o~er ~nd ~cross t~e West 20.00 feet of thc( nmrt of the Northwest Oucrter of the Scuthecs( Oucrter of said Sect[on JO lying north ~f the North line cf the right-of-way of Burlington Northern R~ilra,:d Compnny. Subject tc other ecsements of record. AND That port cf the Northeast Oucrter of the Southeast Quarter of Section 30, Township 33 Ncr(h, Rcnge ?_5 West, Shert~urne County, Minnesota, described as beginning at the southeast corner of the north half cf t~e Northwest Quo~er of t~e Northeast Quarter of the Southeast Quarter cf Section 30; t~ence southerly ~lang the east line of the west half of the Northeast Quarter of the Southecst Qudrter 538.76 feet (o the center line 0¢ Sherburne County Rood Nc. 55; t~ence northwesterly ~long the center line of sold County Road No. 55, ~ distance of 575.8i feet (o the intersection with the west line of the Northeast Qu¢rter of the Southeast Quarter of Section thence no~herty otong t~e west line of said No~eost Quoter of t~e Southeast Qudrter of Section 50, o distance of &50.96 feet to the southwest corner of the north hotf of t~e Northwest Quarter the No~eost Quarter of t~e Southeast Ouorter of Section 5Q; thence eostedy otong the south line of said nort~ half of t~e Northwest Quo~er of the No~heost Quarter of the. Southeast Quarter Section 50, ~ distance of 66g.~5 feet to the point of begmning. Sut~ject to existing railroad Gas Ccmpcny cs described purposes across the F_ostert Power Company. and Highway No. JO.; also su0ject to cn ecsement to Northern Naturci in 0acumen( No. 139351. Also subject to an easement for roadway y 32.00 feet thereof. Also suoject to on ecsernent to Northern Stores Conditions: EXHIBIT B A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED. 3. A HOMEOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE CITY ATTORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT. 4. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 10. 12. 13. 14. 15. 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. 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. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. OUTLOTS A -I BE PLACED IN A CONSERVATION EASEMENT TO BE HELD BY THE HOMEOWNERS ASSOCIATION OR A QUALIFIED LAND TRUST. ALL MAILBOXES BE CLUSTERED. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 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. 16. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 17. MAINTENANCE AND OWNERSHIP OF THE OUTLOTS, AND THE LANDSCAPED ISLANDS IN THE CUL DE SACS AND TRAFFIC CIRCLE SHALL BE THE RESPOSIBILITY OF THE HOMEOWNERS ASSOCIATION AND SHALL BE INLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 18. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 19. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED THAT COMPLIES WITH THE LANDSCAPE ORDINANCE AND INDICATES WHERE THE ADDITIONAL TREES, THAT WILL BE REQUIRED IN ORDER TO RECEIVE THE DENSITY BONUS, ARE TO BE LOCATED. 20. THE RIGHT-OF-WAYS FOR 193~'D AVENUE, THE BURLINGTON NORTHERN/SANTA FE RAILROAD AND COUNTY ROAD 35 BE SHOWN IN THE SOUTHEAST CORNER OF THE PLAT. 21. THE NORTHERN NATURAL GAS EASEMENT AND THE GAS LINES BE SHOWN ON THE PLAT 22. PARK DEDICATION FEES FOR 32 LOTS AT THE RATE APPLICABLE AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING 23. THE INTERNAL TRAIL SYSTEM SHALL BE OPEN TO THE GENERAL PUBLIC AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION AND SHALL BE INCLUDED IN THE HOMEOWNERS ASSOCIATION AGREEMENT. 24. STREET RIGHT-OF-WAY FROM RAWLINS STREET WILL BE PROVIDED TO THE EXCEPTION TO THE WEST. 25. THE PLAY AREA SHALL BE LOCATED ON OUTLOT B OR D AND OUTSIDE OF ANY EASEMENT AREAS.