03-015 RES RESOLUTION NO. 03 -I5
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk River Station
Case No. P 02-P01-05
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 18, 2002; 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.
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.
Do
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 Dietz and
duly seconded by Council Member Tveite. The following voted in favor of
the Resolution.
Vice Mayor Kuester, Council members Dietz, Tveite, and Motin
The following voted against the Resolution:
None
The following were absent:
Mayor Klinzing
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WHEREUPON the resolution is adopted.
Passed and adopted this 17th day of March, 2003.
Loiuse Kuester, Vice 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 copy of the resolution as adopted by the City Council of the City of Elk
River on?~'_,~, j /7 ,2003.
WITNESS my h~and officially as such Clerk and the corporate seal of the
City this/?¢"-day of ~~..~__ , 20.~/~. -. ~. .
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
i~-~ Th~ foregoing instrument was acknowledged before me this I-'-~~' day of
~ ~ 2003
~ (~ .,~ , , by Louise Kuester, Vice Mayor, City of Elk PA(er,
Minne~
~- ///// 1//"'
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged,before ,me.~s {'~'~" day of
'~(-..,¥ ~ L... ,2003, by Sandra Peine, City clerycity of/~(Riv)ar,--~-~-nnesota.
Nota~ Pubhc
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EXHIBIT A
Legal Description:
The Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter and
Northeast Quarter of the Northeast Quarter of Section 11, Township 32, Range 26, Sherburne County,
Minnesota, which lies Northeasterly of the Burlington Northern Railroad.
Except:
Beginning at the Northwest corner of said North Half of the Northeast Quarter, thence East along the North
line of said North Half of the Northeast Quarter, a distance of 295.00 feet; thence South deflecting 90 degrees
right, a distance of 380.00 feet, thence West deflecting 90 degrees right, a distance of 478.19 feet; thence
Northwest deflecting 50 degrees 19 minutes 37 seconds right, a distance of 485.49 feet to the North line of said
North Half of the Northwest Quarter, thence East deflecting 128 degrees 56 minutes 21 seconds right along
said North line, a distance of 493.17 feet to the point of beginning, according to the U.S. government Survey
thereof, Sherburne County, Minnesota.
And also except:
A strip of land 36,576 meters (120.00 feet) in width over that part of the North Half of the Northeast Quarter
of Section 11, Township 32, Range 26, Sherburne County, Minnesota, the centedine of which is described as
follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of Section 2,
Township 32, Range 26, Sherburne County, Minnesota: thence North 89 degrees 38 minutes 23 seconds West,
an assumed bearing along the North line of said Northeast Quarter of the Southwest Quarter, a distance of
387.067 meters (1,269.90 feet) to the actual point of beginning of said centerline to be hereafter described,
thence Southeasterly, a distance of 279.506 meters (917.01 feet), along a nontangential curve concave to the
Northeast having a radius of 250.000 meters (820.21 feet), a central angle of 64 degrees 03 minutes 29 seconds
and a chord bearing of South 46 degrees 37 minutes 48 seconds East: thence South 65 degrees 55 minutes 26
seconds East, tangent to said last described curve, a distance of 145.549 meters (477.52 feet), thence
Southeasterly and Southerly, a distance of 127.720 meters (419.03 feet) along a tangential curve concave to the
Southwest having a radius of 140.00 meters (459.32) feet) and a central angle of 52 degrees 16 minutes 12
seconds, thence South 13 degrees 39 minutes 13 seconds East tangent to said last described curve, a distance of
47.376 meters (155.43 feet); thence Southerly, a distance of 221.648 meters (727.19 feet), along a tangential
curve concave to the West, having a radius of 850.00 meters (2,788.71) and a central angle of 14 degrees 56
minutes 26 seconds, thence South 01 degree 17 minutes 13 seconds West, tangent to said last described curve,
a distance of 167.012 meters (547.94 feet); thence Southerly and Southeasterly a distance of 176.160 meters
(577.95 feet), along a tangential curve concave to the Northeast, having a radius of 140.000 meters (459.32 feet)
and a central angle of 72 degrees 05 minutes 40 seconds; thence South 70degrees 48 minutes 27 seconds East,
tangent to said last described curve, a distance of 9.474 meters (31.08 feet); thence Southeasterly, southerly and
Southwesterly, a distance of 297.859 meters (977,23 feet); along a tangential curve concave to the West, having
a radius of 140.000 meters (459.32 feet) and a central angle of 121 degrees 54 minutes 02 seconds; thence
South 51 degrees 05 minutes 35 seconds West, tangent to said last described curve, a distance of 98.602 meters
(323.50 feet) to the intersection with the Northeasterly right of way line of the Burlington Northern Railroad
and there terminating.
Said strip of land is to extend by its full width from the North line of said North half of the Northeast Quarter
to said Northeasterly right of way line of the Burlington Northern Railroad, which lies within the North half of
the Northeast Quarter of Section 11, Township 32, Range 26, excepting there from the Railroad right of way.
And also except:
Parcel 1, Minnesota Department of Transportation Right of Way Plat No. 71-9.
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EXHIBIT B
Conditions:
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE
TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF
IMPROVEMENTS PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF
THE COSTS OF PUBLIC IMPROVEMENTS.
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.
o
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.
6. SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE
PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING.
7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE
PLAT AS REQUIRED BY THE CITY.
8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
10.
GRADING AND EROSION CONTROL PLAN AND DVELOPMENT PLAN BE
SUBMITTED AND APPROVEDBY THE CITY ENGINEER PRIOR TO THE ISSUANCE
OF BUILDING PERMITS.
11. ALL GRADING WILL NEED TO BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
12. STREET LIGHTS SHALL BE INSTALLED AS RECOMMENDED BY ELK RIVER
MUNICIPLAL UTILTIIES.
13. WATER AVAILABILTY CHARGE BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
14. A LANDSCAPE PLAN BE SUBMITTED FOR STAFF REVIEW AND APPROVAL.
14.
PARK DEDICATION FEES BE PAID AND AN EASEMENT FOR A PEDESTRIAN
CONNECTTION ALONG THE RAILROAD TRACKS BE GRANTED PRIOR TO
RELEASING THE PLAT FOR RECORDING.
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15. APPROPRIATE CROSS ACCESS EASEMENTS SHALL BE APPROVED BY THE CITY
AND RECORDED WITH THE PLAT.
16. A HOMOWNERS ASSOCIATION DOCUMENT BE PREPARED SUBJECT TO THE
CITY A'ITORNEY'S REVIEW AND APPROVAL PRIOR TO FINAL PLAT.
17. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT
FOR RECORDING.
18.
ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO
BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO
PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR
MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR
GRADING COMMENCING.
19. THE NORTH ACCESS ON THE EAST SIDE OF TWIN LAKES ROAD SHALL BE RIGHT
-IN RIGHT-OUT ONLY.
20. ANY ARCHEOLOGICAL FINDINGS SHALL BE REPORTED AND THE CITY
NOTIFIED.
21. THE AREA ADJACENT TO THE WETLAND SHALL BE KEPT NATURAL.
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