01-025 RES RESOLUTION NO. 01 - 25
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
FOX HAVEN
Case No. P 01-01
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 February 20, 2001; 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.
C. 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.
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 following voted in favor of the Resolution.
The foregoing resolution was introduced by Council Member
Mot:in and duly seconded by Council Member
Kuester
Paul Motin, Louise Kuester, Dan Tveite,
Stephanie Klinzing
The following voted against the Resolution:
None
and Mayor
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this /~,'~ay of ~ ,2001.
~ Stepl-t,bnie Klinzing, IVf'~'yor r
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 ~./'/'¢' ,2001.
WITNESS my h~ally as such Clerk and the corporate seal of the
City this /~'~tlay of,/'~ ,2001.
S'an~lra P~ine, ~t~ Clerk
· STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
;~,,~'\ , 2001, by Stephanie Klinzing, Mayor,
M~nn~s°ta'
Notary Public
NOTARY ~JBU¢ - MIN~.SOTA
~~ ~y Commission Expires Jan.
, .~.
-L~ day of
City of Elk River,
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
_~ .~.The foregoing instrument was acknowledged before me this I(~f~ day of
~\ ,2001, by Sandra Peine, City Clerk, Ci~ of Elk River, Mi.i~esota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
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EXHIBIT A
PARCEL "A": (Torrens Property)
That port of the Northwest Quarter of Section 52, Township
Range 26, Sherburne County, Minnesota, described os commencing at
the Southwest corner of said Northwest Quarter; thence North 89
degrees, 16 minutes, 46 seconds East along the South line of said
Northwest Quarter for 567.66 feet to a point to be hereafter known
os Point "A" for the purposes of this description; thence continue
North 89 degrees, 16 minutes, 46 seconds East along said South tine
for 515.4.8 feet; thence North I degree, 4-8 minutes, 00 seconds West
for 90.6;:5 feet, more or less, to intersect the Northerly line of
the right-of-way of U.S. Highway No. 10, said point of intersection
also being the actual Point Of Beginning of the land to be hereby
described; thence continue North I degree, 48 minutes, 00 seconds
West for approximately 1827 feet to _intersect the thread of the Elk
River; thence westerly along said thread of the Elk River to
intersect o line bearing North I degree, 48 minutes, 00 seconds
West from said Point "A"; thence South I degree, 4.8 minutes, O0
seconds East for approximately 1829 feet to intersect said
Northerly line of the highway right-of-way, said lost point of
intersection otso being o distance of 53.8¢ feet, more or less,
north of said Point "A" os measured along said line beorin9 North
I degree, ¢8 minutes, OO'seconds west; 'thence northeasterly along
said highway right-of- way, being o non-tongentiof curve concave to
the north, radius 2179.5.5 feet, for o central angle of 8 degrees,
21 minutes, 19 seconds, and length 317.8t feet, more or less, to
the Point Of 8e~:inning. For the purposes of this description the
West line of th:: 5,~uthwest Quarter of said Section 52 is assumed to
bear South 0 de?rees, 48 minuf, es, 51 seconds East.
EXCEPT that par( plotted os FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota.
EXHIBIT A
PARCEL "Ft":(Tr. rr~s Property)
That part of the Northwest Quarter of Section 32, Township
RQnge 26, Sherburne County, Minnesota, described as Commencing at
the Southwest corner of said Northwest Quarter; thence North 89
degrees 16 minutes 46 seconds East along the South line of said
Northwest Quarter for 567.66 feet to o point to be hereafter known
as Point "A" for the purposes of this description; thence North I
degree 48 minutes 00 seconds West for 3.3.84 feet, more or less, to
intersect the Northerly line of the right-of-way of U.S. Highway
No. 10, said point of intersection otso being the actual Point of
Beginning of the land to be hereby described; thence continue North
I degree 48 minutes 00 seconds West for approximately 1829 feet to
intersect the thread of the Elk River; thence westerly along said
thread of the Elk River to intersect the West line of said
Northwest Ouart~r of Section 52; thence South 0 degrees 45 minutes
50 seconds East along s(]id West line of the Northwest Quarter for
approximately 1905 feet to intersect said Northerly line of the
highway right-of-way, said lost point of intersection also being
distance of 22.8.5 feet, more or less, north of said Point of
Commencement, os measured otong said West line of the Northwest
Quarter; thence North 89 degrees .50 minutes 42 seconds East along
said highway right-of-way for 114.11 feet; thence continue easterly
along said highway right-of-way being a tangential curve concave to
the north, radius 2179.55 feet, for a central angle of 6 degrees 59
minutes 36 seconds, and length 253.33 feet more or less, to the
Point of Beginning. For the purposes of this description the West
line of the Southwest Quarter of said Section 52 is assumed to bear
South 0 degrees, 48 minutes, 51 seconds East. Together with the
East 24 feet of the South 975 feet; and the East 20 feet of the
North 30 feet o~ the South 1005 feet; alt of the East Half of the
Northeast Quarter of Section 51, said Township 5.3, Range 26, said
County and Stot,~.
Excepting therefrom all that port of said East 24 feet of the South
975 feet taken !or said U.S. Highway No. I0.
Also together with oll that part of the East 191 feet of said East
Half of the Northeast Quarter of Section 31 lying southerly of said
thread of the Et!,, River, and lying north of the north line of said
South 1005 feet of the East Half of the Northeast Quarter.
EXCEPT that pa,'t platted as FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota.
AND (Torrens Property)
That part of Outlot A, FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota, lying Easterly of the West line of the East 24.00 feet
of the Southeast Quarter of the Northeast Quarter of Section 51,
Township 53, Range 26.
AND (Abstract Property)
That part of Outlot A, FOX HAVEN COMMERCIAL, Sherburne County,
Minnesota, lying Westerly of the West line of the East 24-.00 feet
of the Southeast Quarter of the Northeast Quarter of Section 51,
Township 33, Range 26.
EXHIBIT B
1. A DEVELO?ER$ AGREEMENT OUTLINING THE TERM$ AND CONDITIONS OF THE ?LAT
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 LE'n'ER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
6. 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.
7. PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF
FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
8. 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.
9. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
10. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
11. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
12. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
13. ALL MAILBOXES BE CLUSTERED.
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. ANY OFF SITE GRADING WILL REQUIRE EASEMENTS FROM ADJACENT PROPERTY
OWNERS.
17. OUTLOT D WILL BE WIDENED SO THAT IT IS 80 FEET WIDE AT THE FRONT SETBACK.
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18. ALL COMMENTS OF THE DNR SHALL BE ADDRESSED.
19. THE NUMBER OF BOAT SLIPS OR DOCKS ALLOWED ON OUTLOT D IS LIMITED TO 6.
20. COVENENTS OUTLINING THE USE OF OUTLOT D SHALL BE RECORDED WITH THE PLAT.
21. A REVISED LANDSCAPE PLAN SHALL BE PROVIDED WHICH INCLUDES ONE STREET
TREE AND ONE FRONT YARD TREE ON EACH LOT.
22. OUTLOTS A, B, C, D AND E SHALL BE OWNED IN COMMON AND MAINTAINED BY THE
HOMEOWNERS ASSOCIATION.
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