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ORD 10-06ORDINANCE 10 - 6 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES TO AT (ANTENNA OVERLAY) CASE NO. ZC 10- 04 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone to AT the properties described as: See Attached Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. THE PROPOSED REZONING IS COMPATIBLE WITH THE SURROUNDING LAND USES. 2. THE PROPOSED REZONING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS TELECOMMUNICATION COVERAGE FOR THE CITY. 3. THE REZONING IS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN FOR THE CITY. 0 Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. • Passed and adopted this 17`h day of May, 2010, by the City Council of the City of Elk River. �)� �► �� Iry v ATTEST- Tina Allard, City Clerk s:\coTnrnuriity development \planning main \case files \zc \zc 10 -04 sprint \zc 10 -04 sprint ordinance 5-17 - 10.doc Exhibit A 0 That part of the Northeast Quarter of the Northeast Quarter of Sectior 19, Township 33, Range 26, Sherburne County, Minnesota, described as follows: Commencing at the northeast corner of sold Northeast Quarter of the Northeast Quarter; tf,erce South 59 degrees 18 minutes 34 seconds West along the North line of said Northeast Quarter of the Northeast Quarter . a dis-Lance of 968.18 feet, thence South 0 degrees 41 minutes 27 seconds East, a distance of 964.70 feet to the Point of Beginning of the lease area to be described; thence South 90 degrees 00 minutes 00 seconds East,, a distance of 30.00 feet; thence South 0 degrees OC minutes 00 seconds Wrest, a distance of 30.00 feet; thence North 90 degrees 00 minutes 00 secords West, a distance of 30.00 feet; thence North 0 degrees 00 minutes 00 seconds East, a distance of 330-00 feet to the Point Of Beginning. • [-.,I s:\community development\planning main\case files\zc\zc 10-04 sprint\zc 10-04 sprint ordinance 5-17- 10.doc CITY AN CITY C ZONING ] CERTAIN AT (ANTI The City i Elk Rivers follows: Section 1. Zoning M, River is 1 rezone to described That pai Quarter of ter of Sect; Range 26, Minnesot lows: NCE'10 - 06 ELK RIVER DING THE ELK RIVER AP TO REZONE 'ROPERTIES TO MINA OVERLAY) JO. ZC 10- 04 uncil of the City of as hereby ordain as 'he duly adopted of the Cityy of Elk reby amended to .T the properties of the Northeast x Northeast Quar- t 19, Township 33, herburne County, described as fol- Commenci g at the northeast . corner of s id Northeast Quar- ter of the I ortheast Quarter; thence -Se th -89- degrees 18 minutes 3 seconds West along the North ine of said North- east Qua r of the Northeast Quarter, a distance of 968.18 feet; the South 0 degrees 41 minutes 2 seconds East a dis- tance of .70 fed to the Point (B4fa , of the lease area to bed ; t South 90 degre" 00minutes 00 seconds East, a distant of 30.00 feet; thence South 0 degrees 00 _. minutes 00 seconds West, a dis- tance of 3 00 feet; thence North 90 degree 00 minutes 00 sec- onds Wes , a distant of 30.00 feet; thenc North 0 degrees 00 minutes 0 seconds East, a dis- tance of 3 00 feet to the Point Secaon2 The rezoning is being api roved based on the following I indings: 1. THE PROPOSED REZON- ING IS C MPATIBLE WITH THE SURROUNDING LAND USES. 2. THE ROPOSED REZON- ING IS NECESSARY IN ORDER TO PROVIDE EFFECTIVE WIRELESS COVE RA E FOR THE CITY. 3. THE REZONING IS IN ACCORDANCE WITH THE COMPR 1,HENSIVE PLAN FOR THF CITY. Section l. That this Ordi- nance sh 11 take effect and be in full fo ce from and after the date of it ttephanie ublication. Passed d adopted this 17th day of M , 2010, by the City Council o he City of Elk River. A. Klinzing, Mayor ATTEST Tina All d, City Cle < .6A.29) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF SHERBURNE ' SS Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all ofthe requirementsconstituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed Ordinance 10 -06, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 22nd day of May, 2010, and was therefore printed and published on every Saturday to and including Saturday, the 22nd day of May, 2010, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefghijklmnopgrstuvwsyz Office Manager Subscribed and sworn to before me on this 22nd day of May, 2010 i— SHELLY RAE WESTOVER NOTARY PUBLIC MINNESOTA WIMyCowaft0an ExpW" Jan. 31, 2015 Owe� Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,199, 302 $ 21.00 (line, word or inch rate) $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate)