01-083 RES RESOLUTION NO. 01 - 83
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Whipple Hill
Case No. P 01-18
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 October 15, 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.
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
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
Kuester
Dietz
resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the Resolution.
Mayor Klinzing, Councilmembers Kuester, Dietz, Motin and Tveite
The following voted against the Resolution: None
The following were absent: None
S:\PLANNING\Chris LWlemo's\Final Plat\Resolution 01-__.DOC Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this /
~ ,2001.
-Steph~nie Klinzing, Mayor
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 co~/of the resolution as adopted by the City Council of the City of Elk
River on ,4',/..~,-~ /7 ,2001.
WITNESS my hand/.pfficially as such Clerk and the corporate seal of the
City this /? ~'~day of ,~,4-~. ,2001.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
ore oin
instrument
before
this
of
o._.%e..r~,~-- , 2001, by Stephanie Klinzing, Mayor, City of Elk River,
Minnesota.
Notary Public
S:\PLANNING\Chris L~vlemo's\Final Plat\Resolution 01-__.DOC Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this /"[¥"'day of
~._~_C_e_.r,%~---~_~. 2001. by Sandra Peine. City Clerkly of Elk ~i~~nesota.
~ ~ ~oT,,~u:.::.~..,~, ~ NotawPublic
S:\PLANNING\Chris L~lemo's\Final Plat\Resolution 01-__.DOC Page 4
EXHIBIT A
Legal Description:
That part of the Northwest Quarter of the Southeast Quarter of Section 30,
Township 33, Range 26, Sherburne County, Minnesota, lying East of the East
line of the West 629.50 feet, as measured at right angles, thereof, and lying
South of the South line of the right of way of the Burlington Northern and Santa
Fe (formerly Great Northern) Railway Company.
S:\PLANNING\Chris Lffvlemo's\Final Plat\Resolution 01-__.DOC Page 5
Conditions:
EXHIBIT B
Be
e
e
e
10.
11.
12.
ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
ALL COMMENTS OF SHERBURNE COUNTY SHALL BE
ADDRESSED.
THERE WILL BE NO ACCESS FROM LOT I TO PASCAL STREET.
THERE WILL BE NO ACCESS FROM ANY LOT TO COUNTY ROAD 35
THE DEVELOPER SHALL ENTER INTO A DEVELOPER'S
AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE
DEVELOPMENT.
THAT THE MAILBOXES SHALL BE CLUSTERED.
A SEALCOAT FEE IN THE AMOUNT DETERMINED BY THE CITY
BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
AN ENGINEERING ESCROW IN THE AMOUNT DETERMINED BY
THE CITY BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
PARK DEDICATION FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
STORM WATER MANAGEMENT FEES IN THE AMOUNT
DETERMINED BY THE CITY BE PAID PRIOR TO RELEASING THE
PLAT FOR RECORDING.
THE DEVELOPER SHALL PROVIDE AT LETTER OF CREDIT FOR
100% OF THE COST OF THE IMPROVEMENTS.
A WARRANTY BOND SHALL BE PROVIDED AFTER THE
IMPROVEMENTS ARE ACCEPTED BY THE CITY AND SHALL BE
HELD FOR ONE YEAR.
S:~PLANNING\Chris Lffvlemo's\Final Plat\Resolution 01-__.DOC Page 6