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6.1. SR 01-21-2003City 13065 0r0n0 Parkway Elk River, MN 55330 TO: FROM: DATE: SUBJECT: Item # MEMORANDUM Mayor and City Council Scott Harlicker, Senior Planner~.~ January 2 I, 2003 Case No. P 01-20 Request by Cascade I Land Company to revise the Final Plat Approval- Cascade Industrial Park 6.1. Request Consider a request by Cascade Land Company to amend the final plat approval of Cascade Industrial Park. Location Jarvis Street and 161st Avenue alignment. ZoninglLand Use 12 (Medium Industrial) / MI (Medium Industrial) Attachments · Location map · Amended final plat · Final plat · Preliminary plat · Memo from the City Engineer · Resolution No. -01 Overview On November 19, 2001 the City Council approved the preliminary plat for Cascade Industrial Park. The preliminary plat included subdividing approximately 47 acres into 19 lots and 2 outlots. The preliminary plat included a loop road through the project and a short Phone: 763.441.7420 Fax: 763.441.7425 www. ci.elk-river, mn.us cul de sac. The lots ranged in size from 1.5 acres to 3.37 acres. Access to four of the lots will be from Jarvis Street; the other 15 lots will have access from the interior streets. On December 17, 2001 the City Council approved the final plat that included 2 lots along Jarvis Street and the remainder of the property platted as 5 outlots. Lot 1, Block 1 included the existing single family residence. Lot 2, Block 1 was to be available for development. The applicant is requesting that the final plat for Cascade Industrial Park be amended to include 3 lots and 5 outlots. The current approved final plat includes 2 lots and 5 outlots. The applicant is proposing to plat 3 lots along Jarvis Street instead of 2. The remainder of the plat is unchanged. Existing Conditions The site is mostly flat with a small stand of trees located along the east property line near the center of the site. There is an existing single family house on the property that will be located on one of the newly created lots. The property to the south is zoned I2 and is used for outdoor storage by Hopkins Pipe company. The property to the west is zoned I2, owned by the City and is used by the sewage treatment plant to spread sludge. The property to the north is zoned Rla and is used as a single family residence. To the east is Jarvis Street and a parcel that contains Kober Excavating. Lot and Street Layout No streets will be platted as part of this final plat. They will be platted in future phases. Grading, Drainage and Utilities The property is outside the urban service area and is not served by municipal sewer or water. Grading, drainage and utility issues will be addressed by the City Engineer. Parks and Recreation The Park and Recreation Commission recommended cash to meet the park dedication requirements for this plat. Park dedication fees will be required for Lots 2 and 3. Recommendation Staff recommends that the City Council approve the revised final plat request for Cascade Industrial Park with the following conditions: 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. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 5. 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. 6. 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. 7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER 9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE PLAT BE LOCATED TO THE EAST AS FAR AS POSSIBLE. 12. 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. 1 §TTr~ ~. Case Number: Location Map P 01-20 N CA S CADE IND US KNOW ALL PERSONS BY THESE PRESENTS: That Cascade I Land Co., LLC, o Minnesota limited liability company, fee owner, and that State Sank of Rogers, o Minnesota corporation, mortgagee of the following described property situated in the County of Sherburne, State of Mmnesoto, to wit: That part of the North 540 feet of the Northeast Quarter of the Southeast Quarter, Section ~3, Township 32, Range 26, Sherburne County, Minnesota, IMng Easterly of the West 550 feet of said Northeast Quarter of the Southeast Quarter and lying Westedy of the East 550 feet of said Northeast Quarter of the Southeast Quarter; together with the South 300 feet of the North 540 feet of the East 365 feet of said Northeast Ouorter of the Southeast Quarter; together with that part of said Northeast Quarter of the Southeast Quarter lying Southerly of the North 540 feet of said Northeast Quarter of the Southeast Ouorter, lying Easterly of the West 550 feet of said Northeast Ouorter of the Southeast Quarter and lying NortheHy and Easterly of the following described line: Commencing at the Northeast comer of said Northeast Quarter of the Southeast Ouarter: thence on o bearing of South, assumed basis of bearings, along the East llne of said Northeast Quarter of the Southeast Ouarter o distance of 1220.36 feet to the point of beginning; thence North 88 degrees 36 minutes 35 seconds West, o distance of 33.61 feet to intersect the centerline of Jorvls Street N.W.; thence North I degree 23 mnutes 25 seconds East along said contadina, a distance of 3000 feet; thence North S8 degrees 36 minutes 35 seconds West to the East line of the West 550 feet of said Northeast Quarter of the Southeast Ouorter ond there terminating And that Cascade I Land Co., LLC, o Minnesotc limited liability company, fee owner, and that John F. Lenz. as Trustee of the John F. Lenz Revocable Trust. mortgagee of the following described property situated in the County of Sherburne, State of Minnesota. to wit: The West 265 feet of the East BI5 feet, os measured along the North line of the Southeast Quarter of the Northeast Ouorter of Section 13, Township 32, Range 26, Sherburne County, Minnesota, lying South of the North 26~ feet, OS measured along the East line of said Southeast Ouorter of the Northeast Quarter AND The South 66 feet of the North 264 feet of the East 815 feet. os measured along the East and North lines of the Southeast Quarter of the NortheOst Ouorter of Section 13, Township 32, Range 26. $nerburne County, Minnesota company; fee owner, and that John F Lenz, as Trustee of th~ Bruno J Lenz And that Cascade I Land Co, LLC, a Minnesota limlted liability situated in the County of Sherburne, State of Minnesota, to wit: Revocable Trust, mortgagee of the following described property That port of the Southeast Ouorter of the Northeast Quarter of Section 13, Township 32, Range 26, Sherburne County. Minnesota lying West of the East BI§ feet. os measured along the North line of said Southeast Ouorter of the Northeast Ouorter. AND The North 530 feet of the West 550 feet of the Northeast Ouorter of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota; And that Cascade I Land Co., LLC, o Minnesota limited liability company, fee owner Of the following described property situated in the County of Sherbume, State of Minnesota, to wit: The South 33 feet, os measured at right ongIes, of the East 550 feet, os measured along the North line. of the Southeast Ouorter of the Northeast Ouorter of Section 13, Township 32, Range 26, Sherburne County, Minnesota. L. AND The North 33 feet of the East 550 feet of the Northeast Ouorter of the Southeast Ouorter of Section 13, Township 32, Range 26, SherDurne County, Minnesota, Hove caused the some to be surveyed and plotted os CASCADE INDUSTRIAL PARK and do hereby donate and dedicate to the public for public use forever the streets and avenue os shown on this plot Also dedicating to the public for pubtic use forever the easements os shown on this plot for drainage ond utility purposes only. In witness whereof said Cascade I Land Co., LLC has caused these presents to be signed by its Manager this _.~ day of 200__. CASCADE I LAND CO, LLC Morion Qtines, Manager State of Minnesota, County of The foregoing instrument was acknowledged before me this .- day of Land Co, LLC, o Minnesota limited liability company, on behalf of the company. Notary Public County, Minnesota My Commission expires: Also in witness whereof said State Bank of Rogers has caused these presents to be signed by its proper officer this -- STATE BANK OF ROGERS 200__, by Marion Glines, Manager of Cascade I day of State of Minnesota, County of _ The foregoing instrument was acknowledged before me this _ day of 200__, by of State Bank of Rogers, O Minnesota corporation, on behalf of the oorporotion Notary Public County, Minnesota My Commission expires: CITY OF ELK RIVER TRIAL PARK SHERBURNE COUNTY, MN. Also in witness whereof said John F. Lenz. os Trustee of the John F. Lenz Revocable Trust has hereunto set his hand this 200__ John F, Lenz, as Trustee of the John F Lenz Revocable Trust day of State of Minnesota, County of _ · day of The foregoing instrument was acknowledged before me this Lenz RevocobIe Trust, on beh(31f of the trust -- Notary Public __ County. Minnesota My Commission expires:--- Also in witness whereof said John F. Lenz. os Trustee of the Bruno J- Lenz Revocable Trust has hereunto set his hand this 200__, John F. Lenz, os Trustee of the Bruno J Lenz Revocable Trust 200__, by John F. Lenz, os Trustee of the John F. day of State of Minnesota, County of 200~ by John F Lenz, as Trustee of the Sruno - day of The foregoing instrument was ocknowiedged before me this J. Lenz Revocable Trust, on behalf of the trust. -- Notary Public County. Minnesoth My Commission expires:_ I hereby certify that I hove surveyed and plotted the property described on this plot es CASCADE INDUSTRIAL PARK; that this plot is O correct representoNon of the survey; that all distances ore correctly shown on the plot in feet and hundredths of a foot; that all monuments hove been or will be correctly placed in the ground as shown within one year after recording, or sooner, OS specified by the approving local governmental unit; that the outside boundary lines ore correctly designated on the pl0t; onP that there ore no wet lands Or public highways to be designated other than as shown on the plat os defined in Minnesota Statutes S05 02, Subd. I Rick M, Siam1 Land Surveyor Minnesota License No 21729 State of Minnesota, County of The foregoing Surveyor's Certificate was acknowledged before me this ~ day of -- Surveyor, Minnesota License NO 21729. Notary Public County, Minnesota My Commission expires: Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota at o meeting held on the Mayor 200__, by Rick M. Blah, Land I hereby certify taxes payable in the year _~ transfer was entered this day of on lands herein described ore paid in full. and there ore no dshnquent taxes, and that 200--. Sherbume County Auditor/Treasurer I hereby certify that this instrument was flied in the Office of the County Recorder for record on this 200~ at ~ o'clock .M and was duly recorded as Document No .- day of Sherburne County Recorder John Oliver & Associates SHEET I OF 3 SHEETS '*SITE--" .z~ SECTION I~, TOWNSHIP ~2, RANGE 26 CA CADE '-, <."-"' I V": E ~', V <.' I & ..._.~.~ 264- The NE comer of the SE I/4 -~?'~T -- ~-t~ike----7'~ I so0°54'2 "w 198.0o -.. o 0 3.00-- OUTLOT B-~ /ND US TR IA L PARK Drainage and Utility £osement ..... '-% A D D ~ T i ".) ~,i I r-The East Ine of the SE I/4 of the N[ I/4, SerJ 13 -~ 590 .... .L~', R ',.:! S-'-'~- ~x 5TF!EET Spike 326 .-- ~ -- ~ -- ~ -' The SE corner of the NE I/4. Sec. R'~ 3'"3-~. O0 [ S00°54'21"W The West line of the £ost 550 feet as meosurea along North line t024.34 ", OUTLOT C 757.26 531.26 t 128885 '::'UTL() T [-: 500°02'23"E 790,26 BUCHANAN STREET NW 757.26 OUTLOT D 1321.85 I;' ~[. .--'" ~ 33I CITY OF ELK RIVER SHERBURNE COUNTY, MN. 100 GRAPHIC SCALE 0 50 1 O0 200 ( SCALE ~ FEET Scale: I inch = I00 feet For the purposes of this plot, the East line of the N.E. I/4, of the S.E. I/4, Sec. 13, T. 32. R. 26, is assumed to bear South 00"47'05" West o Denotes I/2 inch x 14 inch iron monument with o plastic plug stomped R.L.S, 21729. ® Denotes 1/2 inch × 14 inch iron monument with o plastic plug stomped R.L.S 21729, to be set within ~ year of recordin9 this plot · Denotes iron monument found· ~) Denotes Sherburne County Cast Iron Monument. Drainoge and Utility Eosements ore shown thus: Being I2 feet in width and adjoining right--of-wey lines, also being 6 feet in width and od joining lot lines, unless otherwise indicoted, os shown on plot. John Oliver & Associates SHEET 2 OF 3 SHEETS CITY OF ELK RIVER CA S CA D £ IND US TRIAL PA RK .......... f ..... T ',' // DETAIL A / NO SCALE I:..: I I ': I t I ,'sooo,**'os"w UE^S -- .E  I // "SOUTH" (DEED) , ' ' J=-'=: ::;L ,=o.36 I ' ' .T.p. 321..g 26 ':: '"% ,':::~5o~'~'~- : - -, .=,:.: .... -- -- --.~.~--- ~ 2 ~ .... ' .:.=-~-~ - MEAS ~ . ...... :'~"~ :' :': SOUTH (DEED) ::: tx=::: SO0 47 05 W MEAS i']".;;; 980.34 ,~, ~-'~-----~ ! ~ T, eCmt, .... fOor,* Streetpe~de~d-- / ~i ¥ X ' ' f- l ~ ,~' ~ I~ -- ~ -¢- ¢, 11 , ~ ¢ ~ ~ v,~ . 5'll~,.l~l 948 38 ~ ,m u i,"~y~s~... ~, I I : ' '*1'. j II t I ' x. Il I / Z I u5 II + " I1°°"1 ~' I I ~ I i.,II~- -=o ~ :, II (] (' M' ! I " ,, CO cq %-* , , I Centerline of_ dorvis Street ~\ per deed "" '" Sec. 13, Twp. 32. Rng 26 N87°4g'29"W MEAS 33,61 NOt°23'25"E DEED NO2°IO'31"W MEAS \ \ \ \ \ \ I I / / / / z ~ ~ _ / NO SCALE / SECTION IZ,, TOWNSHIP }2l RANGE 26 S00°47'05"W 222.02 OUTLOT ............. 330.0 ................ · 507.05 mmI %, East 550.0 feet ~ol '~l soo:43lO5.W 33 297 03 "'-- NOO°43'OS"E~, 330.03 ~-The West line of the NE -_" .... -=_. ~-_ 206,96 830.82 West 550 0 feet d 1oo GRAPHIC SCALE 0 50 lO0 200 ( SCALE IN FErr ) Scale: I inch = I00 feet For the purposes of this plot, the East line of the N,E. I/4, of the S.E I/4, Sec. I5. T. 52. R. 26, is assumed to bear South 00°47'05" West. o Denotes I/2 inch x 14 inch iron monument with o plastic plug stomped R.L.S. 21729. e Denotes I/2 inch x 14 inch iron monument with a plastic plug stomped R.L.S 21729. to be set within I year of recording this plot · Denotes iron monument found. I~) Denotes Sherbume County Cast Iron Monument. Drainage and Utility Easements ore shown thus: __,o} .... JIL _!1o__ Being I0 feet in width and adjoining right--of-way lines, also being 5 feet in width and od joining lot lines, unless otherwise indicated, os shown on plot. John Oliver & Associates SHEET 3 OF 3 SHEETS CITY OF ELK RIVER CA S CA DE IND [,rS TRIAL T " '.~: : g H L /-', !'i D 5, _,'. .,,. li~i :ii" ' ?. I s ~.-: ~-: ol '" ;:' The NE comer of I ,~' the SE 1/4, Sec. 13 the NE I/4 of the SE~ Sec. 13, Tw~o. 1220.36 __ __ _L /s00o47,06,,w STREET 950.33 N L-',i OUTLOT E 297.03 PARK Set Mag- Nail j :_z; _, LZsooo47,o6.w ~- JAR¥!5 SOO 47 06 W 300.03 '" The West llne of the Drainage .330.0 ...... NO0"43'05"E~ 330.03 -" 210.02 32 Rn 26 ;., f;. F', I T so2tm'o_~. STREE~ NW 948.38 C K 1 S00'43'05'W 275.02 ...~ I' Ig "-'v-.-~-~, 620.80 34~.~ 830.82 The E~st line of'the. West 550.0 feet ,? ! 0 The West line of the NE I/4 of the 51[ /4. Se~ [5 ~ SHERBURNE COUNTY, MN. 100 GRAPHIC SCALE 0 50 100 200 ( SCALE IN ~'Js~u' ) Scale: 1 Inch = lO0 feet. For the Durooses Of this plot. the North' line of the N.E. [/4; of the $.E. I/4, Sec. 13, T, 32. R. 26. is assumed to Dear South 89'57'38" West. Denotes t/2 mcn x 14 Inch iron monument with a plastic p~ug stamped R.L.S. 21729. Denotes I/2 inch.x z incll iron monument with o DIostlc plug staml3ea R.L.S. 2i729, to be set within I ~ar of ~ecording tls Dior. Denotes iron monument found. Denotes Sherbume County Cast Iron ~onument. Drainage and Utility Easements are mown "'IllL .t~ _ _ _ 2o..t ...... Being I0 feet in width and aa joining right-of--way lines, 3Isa Being 5 feet in width Dna adjoining lot lines, umess otherwise ind[c~tec[, os Shown 3n Jolx~ Oliver & Associates SHEET 3 OF 3 SHEETS CA S CADE IND US TR IA L PARK The NE comer of the SE of the NE 1/4, Sec. ,3 198.00 Set Mag._~." ",%,. '~' ~%7 ""SiTE,--? NO SCALE .a.~.,,- ~ I Nal~ S00°54'20"W ~...-- ~98.oo --- 201.00 ;,, r, r; ~ , .! 0 ~ The East line of-the SE I/~- of the NE 1/4, Se~ "2-~' 0 0 The SE corner of \ the NE /4. Sec. 13--~, Set Mag. ~ ] Nail z o e,'a~ 326.00 --... ~-,~ OUTLOT. A SOO'54'20"W 325.99 ,- .~'~. ~'--°' 328.99 698.33 The West line of the East 550 feet os measurec along '-~, SOO°54'20"W OUTLOT C 757.26 SOO'O2'22'r 790.26 BUCHANAN STREET N-~ 7~7.~§ A Sherbume County , \ Monument ', i J S00'54'20"W__~._.~ DroinoFe and Utility Easement i 1288.85 551.26 ~1 ~. S00'46 '42"W ~ The West line of the SE I/4 of the NE 1/4, Sec, 13 C, UTL':]- OUTLOT D 1321.85 CITY OF ELK RIVER SHERBURNE COUNTY, MN. 1 O0 GRAPH/C SCALE 0 5O 100 2O0 ( sc~ · ~ ) Scale: inch = I00 feet. For the purposes of this DIOr. the So~th line of the S.E. I/4, of the N.E. I/4. Sec. 15, T. 52., R. 26, s assumeo to bear South 89'57'5~~ West Denotes I/2 Inch x 4 inch iron monument with o plastic plug stamoeP R.L.S. 21729. Denotes i/2 inch x 14 inch iron monument with a plastic plug stamped R.L.S, 21729, to De set within , year of recoromg this plO~. Denotes iron monument found. Denotes Sherbume County Cost Iron Monument. Drainage once Utility Easements are Shown thus: __,01 .... ill .... j,o__ Being 12 feet in width aha adjoining right--of--way lines, omo being 6 feet In width aha adjoining lot lines, unless otherwise indicate~, as snown on ~31at. Joh~ O[iver& Assoc~c~tes The NE corner o the SE I/4 of the the SE I/4, Sec. lis line of the SE I/4 of the NE 198.00 Set I ?UT¢Or Nag JARVIS The SE co~ner of~ the NE I/4. Sec. t3 ~TREET NW O0~LOT A ~The West line of ~4~. fee[ as measured olo~§ Hne A Sherbume Count Monument ..Y West line of the ~ I/4 of the NE I/4, S~. --lq 2 ()UTLOT B /L 5 II Being I0 f~t in width and ad~ining OWNER/DEVELOPIZ~: D~amic's Design & Land C~pany (763) 44~-85gl ZONINC: Existing I-2 Propose¢l /i.5o Ac. / / // o C~OSS AREA OUTLOTS NUMBJ~ ~ LOTS 46.97 ACRES 3.39 ACRES I coene~ of the SE I/4. Sec. 13 F 0 P, F, 4 J ';J G H, L ::"3'H 'D S Il S E-'" C~ IH DS.` ~, East line of the NE I/4 of the SE Sec. t3, Twp. 122.0.56 SO0' 47'06 'W ' g~,O..,35 ~ / A/ ) / S00'45'05'W ~'k..~.., The East line of West 350,0 feet i 830.82 / 0 ~O0 200 30Q SCALE IN FEET For tl~e purposes of this plat tt~e East line of the NE I/4 of the SE' i/4 of Sec. ~'~, TwD. Rng. 26 is assumed to b~ 5~'47'06TM I I I o 0'3 '< Z (.P >.. SHEET NO. / J or / 2 Howard R. Green Qompany January 10, 2003 File: 815790J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: CASCADE INDUSTRIAL PARK FINAL PLAT Dear Mr. Hadicker: As requested, we have reviewed the final plat for Cascade Industrial Park. As you are aware, this is the Industrial Park proposed adjacent to the west side of Jarvis Street in the southeastern part of the City of Elk River. We have two comments; they are as follows: Where Buchanan Street NW curves into 162nd Avenue NW at the north end of the plat, there is an Outlot B shown that was not on the preliminary plat. Outlot B is a relatively small, triangular piece of property located on the north side of the road and adjacent to property outside of the plat. The question is what is planned for Outlot B? Will it be attached to the property outside the plat, but adjacent to Outlot B? If not, it could act as a "spite stdp" preventing access from this parcel to the public street. The final plat creates a third lot along Jarvis Street at the south end of the plat. This lot is approximately 207 feet wide and 700 feet deep. The issue is where will the drainage from this lot go? Based on the preliminary plat, the drainage from this lot should end up in the pond proposed in the drainage easement partially contained in Lot 2, Block 1. However, there are no easements across Lot 2, Block 1 that would allow for drainage from Lot 3 to cross to the proposed holding pond. Therefore, additional drainage and utility easements should be provided on Lot 2 to facilitate drainage from Lot 3 into the ponding area. If you have any questions regarding these issues, please call. Sincerely, Howard R. Green Company Terry J.~aurer, ¢.E. TJM:sw Ltr-011003-Harlicker 1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389 RESOLUTION NO. 01 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Cascade Industrial Park Case No. P 01- 20 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 November 19, 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. 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. 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. 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 and duly seconded by Council Member The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: WHEREUPON the resolution is adopted. Passed and adopted this ~ day of .,2003. Stephanie Klinzing, Mayor 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 ,2003. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2003. STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Sandra Peine, City Clerk The foregoing instrument was acknowledged before me this , 2003, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, Notary Public STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of ,2003, by Sandra Peine, City Clerk, City of Elk River, Minnesota. Notary Public EXHIBIT A LEGAL DESCRIPTION The West 265 feet of the East 815 feet, as measured along the North line of the Southeast Quarter .... of-~he-~4o¢~:-~Ye-~-t--O~'or~:-~k; -t-$get--h-~¢ '~-i(~'-th~-So-d'th '56--f~'~l--df the N-orth--26¢--feet of-the-East-558----- feet, as measured otong the East and North lines respectively, of said Southeast Quarter of the Northeast Quarter: together with tile South 526 feet of the North 590 feet of the West 215 feet of the East 550 feet, as me(~sured along said East and North lines respectively, of said Southeast Quarter of the Northeast Quarter; all in Section [5, Township 52, Range 26, Sherburne County, Minnesota. AND That part of the Southeast Quarter of the Northeast Quarter of Section 13, Township 52, Range 26, Sherburne County, Minnesota !)ina Westerty of the East 815 feet of said Southeast Quarter of the Northeast Quarter, as measured along the North line of said Southeast Quarter of the Northeast Quarter. AND The South 35 feet, as measured ¢,t right angles, of the East 550 feet, as measured along the North line, of the Southeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota. AND The North 33 feet of the East 500 feet of the Northeast Quarter of the Southeast Quarter of Section I5, Township .32, Range 26, Sherburne County, Minnesota. AND The North 350 feet of the West 550 feet of the Northeast Quarter of the Southeast Quarter of Section i5, Township 52, Range 26, Sherburne County, Minnesota; together with that part of the North 540 feet of said Northeast Quarter of the Southeast Quarter lying Easterly of the West 550 feet of said Northeast Ouarter of the Southeast Quarter and lying Westerty of the East 5¢0 feet of said Northeast Quarter of the Southeast Quarter; together with the South 300 feet of the North 5~0 feet of the East 565 feet of said Northeast Quarter of the Southeast Quarter; together with that part of said Northeast Quarter of the Southeast Quarter lying Southerly of the North 540 feet of said Northeast Quarter of the ~,outheast Quarter and lying Easterly of the West 550 feet of said Northeast Quarter of the Southeast Quarter which lies Northerly of a line which is 30.00 feet Northerly of the following described line: Commencing at the Northeast corner of said Northeast Quarter of the Southeast Quarter; thence' South along the East line of said Northeast Quarter of the Southeast Quarter o distance of 1220.36 feet to the point of beginning; thence westerly, deflecting to the right 9I degrees 25 minutes 25 seconds, a distance of 755.01 feet to the East line of the West 550 feet of said Northeast Quarter of the Southeast Quarter and there terminating. Document2 Page 5 Conditions: EXHIBIT B 1. 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. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES 4. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. 5. 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. 6. 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. 7. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 8. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER 9. ALL DISTURBED AREAS SHALL BE GRADED AND SEEDED. 10. ALL APPROPRIATE EASEMENTS SHALL BE SHOWN ON THE PLAT. 11. ALL WELLS ON LOTS ABUTTING THE WEST BOUNDARY OF THE PLAT BE LOCATED TO THE EAST AS FAR AS POSSIBLE. 12. 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.