01-026 RES RESOLUTION NO. 01 - 26
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
WINDSOR PARK SECOND ADDITION
Case No. P 01-07
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 December 20, 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 CITY OF ELK RIVER, as follows:
It is hereby determined by the City Coqncil 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
o
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.
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
Dietz
Kues ter
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
John Dietz, Louise Kuester, Paul Motin,
Stephanie Klinzing
The ~llowing voted againstthe Resolution:
None
Dan Tveite and Mayor
The ~llowing wen absent:
None
S:~LANNING\RESOLUTI~01-07.DOC Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this ./'~' ~ray of ~ ,2001.
- Step~anie Klinzing,~qC,~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 ¢./'//.~, , 2001.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /"¢/~'day of ._~¢~ ,2001.
/
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
.~-,\ , 2001, by Stephanie
Minn~esota.
_.~ day of
Klinzing, M/~yor, City o~f/.~..River,
Notary Public
S:~LANNING\RESOLUTI~01-07.DOC Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this i~~' day of
~'~-,~, ,2001, by Sandra Peine, City Clerk, C!~ of Elk River, Mip~esota.
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
S:~LANNING\RESOLUTI~P01-07.DOC Page 4
EXHIBIT A
Lot 1, Block 2, and Outlot D, Windsor Park
AND
That part of 212th Avenue Northwest in the duly recorded plat of WlNDOSR
PARK, Sherburne County, Minnesota, described as commencing at the
intersection of the centerline of said 212th Avenue Northwest and the centerline
of County State Aid Highway No. 1 (Elk Lake Road Northwest) as shown on said
plat of WINDSOR PARK; thence North 58 degrees 04 minutes 51 seconds West,
plat bearing, along said centerline of 212th Avenue Northwest, a distance of
199.68 feet; thence North 31 degrees 55 minutes 09 seconds East a distance of
24.50 feet to the Point of Beginning of the tract to be described; thence South 58
degrees 04 minutes 51 seconds East a distance of 132.37 feet; thence southerly
a distance of 29.87 feet; along a tangential curve concave to the west, having a
radius of 14.00 feet, and a central angel of 122 degrees 13 minutes 51 seconds;
thence westerly a distance of 29.24 feet, along a tangential compound curve
concave to the north, having a radius of 29.00 feet, and a central angle of 57
degrees 46 minutes 09 seconds; thence North 58 degrees 04 minutes 51
seconds West, tangent to the last described curve, a distance of 45.14 feet;
thence North 73 degrees 43 minutes 23 seconds West a distance of 51.92 feet;
thence North 58 degrees 04 minutes 51 seconds West a distance of 24.83 feet;
thence North 53 degrees 11 minutes 53 seconds West, a distance of 123.91 feet;
thence northerly a distance of 41.60 feet, along a tangential curve concave to the
east, having a radius of 14.00 feet, and a central angle of 170 degrees 14
minutes 31 seconds; thence South 62 degrees 57 minutes 22 seconds East,
tangent to last described curve, a distance of 124.19 feet to the Point of
Beginning.
S:~LANNING\RESOLUTI~01-07.DOC Page 5
EXHIBIT B
1. ALL COMMENTS OF THE CITY ENGINEER BE SHALL BE ADDRESSED.
2. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
3. 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.
4. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
5. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
6. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
7. ALL MAILBOXES BE CLUSTERED.
8. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
9. 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 OF TREES OR GRADING
COMMENCING.
10. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED.
11. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT.
12. MPCA APPROVAL OF THE SEPTIC SYSTEM WILL BE REQUIRED PRIOR TO ISSUING ANY
BUILDING PERMITS.
13. OUTLOT A SHALL BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE WEST.
14. THE HOMEOWNERS DOCUMENTS SHALL BE AMENDED TO INCLUDE WINDSOR PARK
SECOND ADDITION.
S:~LANNING\RESOLUTI~01-07.DOC
Page 6