03-007 RESRESOLUTION NO. 03 - 07
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
Do
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.
Eo
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 resolution was introduced by Council Member Tveite and
duly seconded by Council Member Dietz. The following voted in favor of
the Resolution.
Mayor Klinzing, Councilmembers Tveite, Dietz, Kuester and Motin
The following voted against the Resolution:
None
The following were absent:
None
S:\PLANNING\RESOLUTI\P01-20.DOC Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this ¢,/'~t day of ,,~(.'7~,t-,'~1.,(~::,,',-\/, ,2003.
'~Steph~nie Klinzing, I~h~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 copy of the resolution as adopted by the City Council of the City of Elk
River on /-~q/- ~ ,2003.
WITNESS my h~,j~d officially as such Clerk and the corporate seal of the
City this z / ~'~day of ~.~,~..~..~--~ , 2003.
/
/1 .'~
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
j. The foregoing instrument was acknowledged before me this,:/,~2_ day of
~.~(:..\¥~k~-:t~.F ~. , 2003, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
(
~~ ~ Nota~ Publio
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
i'll 'day of
The foregoing instrument was acknowledged before me this
~(',\,,..~,:~,,-,,/ ,2003, by Sandra Peine, City Clerk, City of Elk Ri~/er,
Minr~sota.
NOTARY PUBLIC- MINNESOTA
My Commission Expires Jan, 31.200~
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
__The West 265 feet of the East 815 feet. os measured along the North [lne of the Southeast Quarter
of the Northeast Quarter: together "g'Fth'-th~--So-~th "88--fe-~l--o'f the N-orth--26**--feet of-th-e-Eost-55G'--
feet, as measured along the East and North fines respectively, of said Southeast Quarter of the
Northeast Quarter; together with the South 526 feet of the North 590 feet of the West 2[5 feet of
the East 550 feet. as measured along said East and North lines respectively, of said Southeast
Quarter of the Northeast Ouarter; all in Section i3, Township 32, Range 26, Sherburne County,
Minnesota.
AND
That port of the Southeast Quarter of the Northeast Quarter of Section I3, Township 32. Range
25. Sherburne County, Minnesota )$ing Westeriy 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 33 feet. as measured at right angles, of the East 550.feet. as measured along the North
line. of the Southeast Quarter of tr~e Northeast Quarter of Section 13, Towns,hip 3£. Range 25,
Sherburne County, Minnesota.
AND
The North 35 feet of the East 500 feet of the Northeast Ouorter of the Southeast Quarter of
Section 13. Township 32. Range 26, Sherburne County, Minnesota.
AND
The North 330 feet of the West 550 feet of the Northeast Quarter of the Southeast Quarter of
Section J3, Township 32, Range 26, Sherburne County, Minnesota; together with that port of the
North 540 feet of said Northeast Quarter of the Southeast Quarter lying Easterly of the West 550
feet of said Northeast Quarter of the Southeast Quart. er and lying Westerly of the East 5¢0 feet of
said Northeast Quarter of the Southeast Quorte~ together with the South 300 feet of the North
54-0 feet of the East 565 feet of said Northeast Quarter of the Southeast Quarter; together with
that port of said Northeast Quarter of the Southeast Quarter lying Southerly of the North 5J.0' feet
of said Northeast Quarter of the Southeast Quarter and lying Easterly of the West 550 feet of said
· Northeast Quarter of the Southeosf. Quarter which lies Northerly of o line which is 3C).00 feet
Northerly of the following described line: Commencing at the Northeast corner of said Northeast
Quarter of the Southeast Ouorterl thence South along the East tine of said Northeast Quarter of
the Southeast Quarter o distance of 1220.56 feet to the point of beginning; thence westerly.
0eflecting to the right 91 degrees 23 minutes 25 seconds, a distance of 7~5.0I 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 SUBMII'rED 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 1'HE 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 ABUTi'ING 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.
13. THAT OUTLOT B BE DEEDED TO THE ADJACENT PROPERTY OWNER TO THE NORTH.
S:\PLAN NING\RESOLUTI\P01-20.DOC Page 6