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-
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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
\
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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
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(.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.