01-053 RES RESOLUTION NO. 01 - _53
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Eagles Marsh
Case No. P 01-09
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 August 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:
Ao
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
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
Tveite
Motin
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Klinzing
Councilmembers Tveite, Motin, Kuester, and Dietz
The following voted against the Resolution:
None
The following were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this r~""day of ~'t-,~:~,, ,2001.
- ~teph~nie Klinzing,l~ay~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 cory of the resolution as adopted by the City Council of the City of Elk
River on j~ ~,~,~ ~, ,2001.
WITNESS my ha, nd officially as such Clerk and the corporate seal of the
City this ~'3~' day of :)~_~ ,,~-~-- ,2001.
Sandra Peine, C~ty Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
,~ The foregoing instrument was acknowledged before me this ~.~day of
~c~,~:,,~:~- , 2001, by Stephanie Klinzing, Mayor, City of Elk River,
Minn'~ota.
,/
Notary Publi~'
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
I, The foregoing instrument was acknowledged before me this ~kj day o
)~,.J~?,~ ~ ,2001, by Sandra Peine, City Clerk, Cig of Elk River,-'~-~'mnesota.
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
The Southwest Quarter of the Northwest Quarter, Section 1, Township 32,
Range 26, Sherburne County, Minnesota.
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EXHIBIT B
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11.
12.
ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
STAFF AND THE DEVELOPER SHALL WORK TO DEVELOP A
GRADING AND TREE PRESERVATION PLAN THAT WILL SAVE AS
MANY TREES ON THE SITE AS POSSIBLE.
OUTLOTS B AND C SHALL BE SHALL BE DEEDED TO THE CITY
WHEN THE PLAT IS RECORDED. THE TOTAL LAND AREA SHALL
EQUAL 3.96 ACRES, THEREFORE OUTLOT BE SHALL BE REVISED
TO ADD ADDITIONAL PROPERTY TO THE DEDICATION.
SIDEWALK SHALL BE CONSTRUCTED ALONG ONE SIDE OF EACH
OF THE THREE STREETS.
STREET LIGHTS SHALL BE INSTALLED AS REQUIRED BY ELK
RIVER MUNICIPAL UTILITIES.
A SEALCOAT FEE SHALL BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
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.
THE APPLICANT SHALL EXECUTE A DEVELOPER'S AGREEMENT
OUTLINING THE TERMS AND CONDITIONS OF APPROVAL.
THE APPLICANT SHALL PAY $300 PER UNIT TO ELK RIVER
MUNICIPAL UTILITIES FOR WATER AVAILABILITY CHARGES.
THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE
FINAL GRADE FOR THE PARK AND ESTABLISHING VEGETATIVE
COVER.
THE DEVELOPER SHALL BE RESPONSIBLE FOR MARKING PARK
BOUNDARIES WITH THE CITY'S PARK BOUNDARY SIGNS.
THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE
REQUIRED ELECTRONIC FORMAT.
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