01-065 RES RESOLUTION NO. 01 -65
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Sunny Acres
Case No, P 01-12
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 September 17, 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
o
o
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.
E°
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.
Go
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
Kuester
Motln
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Councilmember Kuester, Coucnilmember Motin, Councilmember
Dietz, Councilmember Tveite, Mayor Klinzing
The following voted against the Resolution:
None
The ~llowing were absent:
None
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WHEREUPON the resolution is adopted.
Passed and adopted this /7 day of
,2001.
Step~i~anie Klinzing,'-~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/oft__he resolution as adopted by the City Council of the City of Elk
River on. ,~/'7 ,2001.
WITNESS my han~uch Clerk and the corporate seal of the
City this;~'~j/'~-day of~ ,2001.
S~ndra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this]-7thday of
Septembez' , 2001, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
NOTARY PUBLIC- MINNE,~OI'A I
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this 17th day of
September ,2001, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
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
Legal Description'
The South 4458.00 feet at¢ the West 4-94-.94~ Feet of the Southwest Oua~er of the Southeast Quarter of
Section 11, Township 32, Range 26. SherOurne County, ~4innesot:a.
Also the Northwest C)uar-~e¢ of the No~-~hegst Quarter of Section lb, Tawnshi0 32. Range 2~, ~ume
County, Minnesota, whi~ lies N~heastedy at a kine mn parallet with and distant 150 f~t n~heasterly
of ~ne 1 d~b~d b~o~ ~nd no~w~stedy o~ Yne 2 described b~ow.
Line 1: EJeginning at o point on the east line al~ said Section 14-. distant 2.56,!-.8 feet South of the
No.beast corner ther~oP., thence run northwesterly at an angle of 4~ degrees 22 minutes 0O seconds
from Nor'thwe~tefi¥ ot on angle of 4-8 degrees 2~. minute.~ gO seconds From said last section line
(measured from Nortln to We~l:) fc~ 1422.3 feet: thence deflect to the right on o O degree 15 minute
O0 second curve (detto angle 01 degrees ¢2 minutes O0 seconds) for 680 feet: thence on tangent to
said curve for 882 feet: thence on tangent to said ~urve fac 882 ~eet: thence deflect to the right on
0 degre~ ~ minute 30 second curve (delta angle 07 degrees 2.5 minutes O0 seconds) for 1000 Feet
and there terminating.
Line 2: Beginning at o point on Line 1 described oIDove, distant ¢g3.1 feet southeasterly of its point of
terrninotion; thence run northeosterty at right angle to said Line 1 to on intersection ',~ith the North line
of said Sectio~ 14- and there terminoting.
Document2 Page 5
EXHIBIT B
Conditions:
1. All comments of the City Engineer shall be addressed.
2. Surface water management fees for Lot 1 shall be paid prior to releasing the plat for
recording.
3. Park dedication fees for Lot 1 shall be paid prior to releasing the plat for recording.
4. The property owner will agree to pay all trunk and lateral costs assessed for
extending water and sanitary sewer to the site and will waive all rights to appeal the
amount assessed for water and sanitary sewer.
5. The property owners will hook-up to city sewer and water within the specified time
frame in the City's current ordinance applicable at the time these services become
available.
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