01-051 RESRESOLUTION NO. 01 - 51
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Kliever Lake Fields
Case No. P 01-08
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 July 16, 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.
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
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siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
Do
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 ~regoing
Kuester
T¥¢ite
Councilmembers Kuester, Tveite,
Vice Mayor Dietz
The ~llowing voted against the Resolution:
None
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
and Motin
The following were absent:
Mayor Klinz£ng
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WHEREUPON the resolution is adopted.
Passed and adopted this
day of
J---~ n~Die'iz, vice ~or
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 COl2y of the resolution as adopted by the City Council of the City of Elk
Riveron ~-~.,r\,~-¥ /'5 ,2001.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this /%'~'day of ~'--~u,r~,~ ,2001.
Sandra Peine, ~ity Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was
~,¢~,~-¥ , 2001, by Stephanie
Minn~ota.
NOTARY PUBL!~ - ~NNF.~O'rA ·
acknowledged before me this ~ day of
Klinzing, Mayor, City of Elk River,
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this i'z~-' day of
,¢.~.,~-~-- ,2001, by Sandra Peine, City Clerk, C~ty of Elk River, Mi.~qnesota.
-._~ ................. ~__ /
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
The North Half of the Northwest Quarter, Section 1, Township 32, Range 26, according
to the U.S. Government Survey thereof, Sherburne County, Minnesota.
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EXHIBIT B
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. ALL COMMENTS OF SHERBURNE COUNTY SHALL BE
ADDRESSED.
3. OUTLOT A SHALL BE DEEDED TO THE CITY FOR PARK WHEN
THE PLAT IS RECORDED.
4. A SIDEWALK SHALL BE CONSTRUCTED ALONG STREETS A, B, E
AND G.
5. STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
6. A SEAL COAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
7. A STORM WATER MANAGEMENT FEE SHALL BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING.
8. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF
THE IMPROVEMENTS SHALL BE SUBMITTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
9. 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.
10. THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
11. THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
12. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE
FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE
COVER.
13. THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
14. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
15. THE MAILBOXES SHALL BE CLUSTERED.
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16. THE DEVELOPER SHALL PROVIDE SNOW STORAGE EASEMENTS
AROUND THE CUL-DE-SACS.
17. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY
THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
18. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
19. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
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