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01-069 RESRESOLUTION NO. 01 - 69 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Trott Brook Farms 8th Addition Case No. P 01-19 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 17, 1998; 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. 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. Fo The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. 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. o 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 Motin Dietz resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. Mayor Klinzing, Councilmembers Motin, Dietz, Tveite and kuester The following voted against the Resolution: None The following were absent: None S:~LANNING\RESOLUTI~P01-19.DOC Page 2 WHEREUPON the resolution is adopted. ,2001. ' Step~anie Klinzin{~ayo~ 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 cop. y, of the reso. l~tion as adopted by the City Council of the City of Elk River on~.~ ,,Y ,2001. WITN ESS my h~l£~__~ as such Clerk and the corporate seal of the City this ~ ~"-' day of ,2001. Sandra Peine, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE __~ ~'he~ ~or~going instrument was acknowledged before me this ~ (/~/_,¢/q5./--/ , 2001, by Stephanie Klinzing, MaYor, City of Elk Minnesota. __ day of River, Notary Public J ~'' S:~LANNING\RESOLUTI~01-19.DOC Page 3 STATE OF MINNESOTA SS. COUNTY OF SHERBURNE ~ ,The foregoing instrument was acknowledged before me this : day of ~/'(~--~/~--~/ , 2001, by Sandra Peine, City Clerk, City of Elk River, Minnesota. . Notary Public S:~PLANNING\RESOLUTI~P01-19.DOC Page 4 EXHIBIT A Outlot B, TROTT BROOK FARMS SEVENTH ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota. Together with: A 70.00 foot wide strip fo land over that part of Outlot C, TROTT BROOK FARMS, according to the recorded plat thereof, Sherburne County, Minnesota. The center line of said strip of land is described as follows: .. Commencing at the northeast corner of the Southeast Quarter of Section 35, Township 33, Range 26, said Sherburne County; thence North 00 degrees 22 minutes 43 seconds West, assumed bearing, along the east line of Outlot B, said TROTT BROOK FARMS SEVENTH ADDITION, a distance of 159.91 feet to the northeasterly line of said Outlot B; thence North 46 degrees 43 minutes 00 seconds West, along said northeasterly line, a distance of 595.01 feet; thence North 61 degrees 02 minutes 15 seconds West, along said northeasterly line, a distance of 634.06 feet; thence North 71 degrees 20 minutes 43 seconds West, along said northeasterly line, a distance of 422.91 feet to the westerly line of said Outlot B; thence South 13 degrees 41 minutes 34 seconds West, along said westerly line, a distance of 488.39 feet; thence South 01 degrees 45 minutes 31 seconds East, along said westerly line, a distance of 36.46 feet to the point of beginning of said center line; thence westerly, a distance of 121.76 feet, along a non-tangential curve, concave to the south, having a radius of 335.00 feet, a central angle of 20 degrees 49 minutes 31 seconds and a chord bearing of North 85 degrees 03 minutes 30 seconds West; thence South $4 degrees 31 minutes 45 seconds West, tangent to said curve, a distance of 137.98 feet; thence westerly, a distance of 158.41 feet, along a tangential curve, concave to the north, having a radius of 335.00 feet and a central angle of 27 degrees 05 minutes 36 seconds; thence North 68 degrees 22 minutes 39 seconds West, tangent to last described curve, a distance of 639.38 feet; thence westerly, a distance of 202.43 feet, along a tangential curve, concave to the south, having a radius of 600.00 feet and a central angle of 19 degrees 19 minutes 52 seconds; thence North 87 degrees 42 minutes 31 seconds West, tangent to last described curve, a distance of 336.70 feet; thence northwesterly, a distance of 162.81 feet, along a tangential curve, concave to the northeast, having a radius of 400.00 feet and a central angle of 23 degrees 19 minutes 17 seconds; thence North 64 degrees 23 minutes 13 seconds West, tangent to last described curve, a distance of 264.17 feet and there terminating. Together with/ That part of said Outlot C described as follows: Beginning at the terminus of the above described center line; thence North 25 degrees 36 minutes 47 seconds East, a distance of 35.00 feet; thence North 59 degrees 37 minutes 24 seconds West, a distance of 60.21 feet; thence North 64 degrees 23 minutes 13 seconds West, a distance of 4.94 feet; thence northwesterly, a distance of 116.46 feet; along a tangential curve, concave to the northeast, having a radius of 560.00 feet and a central angle of 11 degrees 54 minutes 57 seconds; thence North 52 degrees 28 minutes 16 seconds West, tangent to last described curve, a distance of 60.92 feet to the southeasterly right of way line of County State Aid Highway No. 13, as delineated and dedicated on said plat of TROTT S:~LANNiNG~,ESOLUTI~P01_19.DOC Page 5 BROOK FARMS; thence southwesterly, a distance of 80.01 feet, along said southeasterly right of way line, along a non-tangential curve, concave to the northwest, having a radius of 1492.39 feet, a central angle of 03 degrees 04 minutes 18 seconds and chord bearing of South 37 degrees 31 minutes 44 seconds West; thence South 52 degrees 28 minutes 16 seconds East, non-tangent to last described curve, a distance of 60.92 feet; thence southeasterly, a distance of 133.10 feet, along a tangential curve, concave to the northeast, having a radius of 640.00 feet and a central angle of 11 degrees 54 minutes 57 seconds; thence South 64 degrees 23 minutes 13 seconds East, tangent to last described curve, a distance of 19.94 feet; thence South 73 degrees 50 minutes 57 seconds East, a distance of 30.41 feet; thence South 64 degrees 23 minutes 13 seconds East, a distance of 15.00 feet to the intersection with a line bearing South 25 degrees 36 minutes 47 seconds West from the point of beginning; thence North 25 degrees 36 minutes 47 seconds East, a distance of 15.00 feet to the point of beginning. S:~LANNING\RESOLUTI~O01-19.DOC Page 6 EXHIBIT B 1. All comments raised by the Department of Natural Resources be incorporated into the plat. 2. Each lot shall receive 1 street tree and one front yard tree; corner lots shall receive 1 street tree and 1 front yard tree per street frontage. 3. Front setback of 25 feet on Olson Street and 30 feet on Trott Brook Parkway and 183rd Avenue. Side yard setbacks shall be 10 feet, 5 feet on the garage side, rear setback shall be 20 feet. 4. All comments of the City Engineer shall be incorporated into the plans. 5. Prior to the issuance of any building permits a development plan shall be submitted outlining the style of house and finished grade on each lot. 6. A Developers Agreement shall be signed and recorded prior to releasing the plat for recording at the County. 7. Surface water management fees be paid prior to releasing the plat for recording. 8. Street lights be installed per Elk River Utilities recommendation. 9. A letter of credit be provided to the city in the amount of 100% of the costs of public improvements. 10. 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 a one year period. 11. Water availability charge be paid prior to releasing the plat for recording. 12. All necessary trunk sanitary and water assessments, and lateral water assessments be paid prior to releasing the plat for recording. 13. All mailboxes shall be clustered. 14. Landscaping easements shall be included around all development and neighborhood signs. 15. The plat shall include a 50 foot wide corridor along Trott Brook. 16. The developer shall install the proposed trail to be located within the trail corridor. S:~LANNING\RESOLUTI~P01-19.DOC Page 7