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98-008 ORDORDINANCE 98- 8 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM RIE (SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK) CASE NO. ZC 98-1 (Area #7) 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 the property described as: See Attached Exhibit A Section 2. findings: The rezoning is being approved based on the following THE LAND USE PLAN AMENDMENT AND REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE AND ECONOMIC DEVELOPMENT STRATEGIC PLANS TO EXPAND THE INDUSTRIAL TAX BASE IN THE CITY. WITH THE REALIGNMENT OF COUNTY ROAD NO. 13, CONDITIONS HAVE CHANGED TO WARRANT A CHANGE IN THE LAND USE AND ZONING DESIGNATIONS. THE PROPERTY SUBJECT TO THE PROPOSED REZONING IS PLANNED TO HAVE ACCESS TO A ROADWDAY CONSTRUCTED TO ACCOMMODATE THE EXPECTED TRAFFIC WHICH ACCOMPANIES INDUSTRIAL DEVELOPMENT. THE AREA IS INCLUDED IN THE URBAN SERVICE BOUNDARY WHICH IS A MAJOR CRITERIA FOR IDENTIFYING AVAILABLE INDUSTRIAL OPPORTUNITIES. THE PROPERTIES TO BE REZONED ARE BORDERED BY EITHER A STATE HIGHWAY, COUNTY ROAD OR BURLINGTON NORTHERN RAILROAD TRACKS. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its pubhcation. Passed and adopted this 18th day of of the City of Elk River. ATTEST: Hay ,1998 by the City Council I~e' y A bui~s~an, Mayor C Sandra A. Thackeray, City Clerk f:\shrdoc\document\ordinanc\zc98-1.doc 176TH ~ i LOCATION CASE: ZC 98-1 (Area #7) \\elkriver\sys\shrdoc\document\ordinanc\zc98-1.doc EXHIBIT A AREA 7 That part of the Southwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota 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 1269.90 feet to the actual point of beginning of said parcel to be hereinafter described; thence Southeasterly, a distance of 917.01 feet, along a non-tangential curve concave to the Northeast having a radius of 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 64 degrees 55 minutes 26 seconds West, tangent to said last described curve, a distance of 477.52 feet; thence Southeasterly and Southerly, a distance of 418...96 feet, along a tangential curve concave to the Southwest having a radius of 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 155.43 feet; thence Southerly, a distance of 727.19 feet, along a tangential curve concave to the West, having a radius of 2788.71 feet and a central angel of 14 degrees, 56 minutes 26 seconds; thence South 01 degrees 17 minutes 13 seconds West, tangent to said last described curve, a distance of 569.45 feet; thence Southerly, along a tangential curve concave to the Northwest, having a radius of 459.32 feet, to the intersection with the East line of said Southwest Quarter; thence South, along said East line of.the Southwest Quarter to the Southeast comer of said Southwest Quarter; thence Westerly along the South line of said Southwest Quarter to the intersection with the centerline of the Burlington Northern Railroad; thence Northwesterly, along said centerline of the Burlington Northern Railroad to the intersection with the West line of said Southwest Quarter; thence Northerly, along said West line, to the Northwest corner of said Southwest Quarter;, thence Easterly, along said North line of the Southwest Quarter to the point of beginning. Mfidavit of Publication > 'Qf$:"'ORD~CE ,9a"A'<;" 'c ~% ~:OF ELK RIi\'ER ,y" , ORDINANCE AMENDING c "em GF;rv.r {K:jRP/ER ,_ ~,"NIN.G~;~REZ6~>.: "~ -"',,;GERTADtPROPERrrYc ", " , , i' GIE"FAMILY ".HI'"'" "fTOBP': , ;':n,C~'.':c('.:.(B PARK)" """-'. : ,t.,~;;"t':CASE .ZC"98-lr', ' :( ~ ~-'~17l.;-^~c~,~:;>,~r'_1 :<Ci'ty::.Coimcll,[of the-.City of t'i.cloes kereby,or.dain as fo owe: . ' .,;;1., 'n~ S~nn"l:'''l'be,d~y adopua..:zbning Elk jUv~ is;hereby am eZGnet'the ,pJ.:operty deB~d'iaS:":7:' h,;;:;:N'{',;! '",., ' .', ~ ,&e:Atta:~Exhibit A ' " Sectfob) 1!i'-Thkrezoning !s being approved!..b~dJon:-the,.followmg find-. ings:'.- --":.): --'\~;r.Z:_'~?1_ '. t}trz -~t:t<-<"J'-':,:';~_ '...'_-~- -;,;-:~:;:. 1. THEll..MIDcUSE PLAN AMEND- MEN fliNG, WILL BE , CONS 'SCOMPRE-', HEN ' , C DEVEL- OPMENl' STRATEGIC PLANS TO , D THE INDUsTlUAL TAX THE cITY. '~.:1.'.~c.;' ' THE REALIGNMENT OF lfOADRD:- n; CaNDI- YE CHANGED TO WAR- 'AN'lf:!N"i'HE LAND , ,aIi~fi 6.feet; I to! ofl 21 ce! , 'I I ce ofl ,727.1 eet, along a: 't ial curve ~ I concave to the West; having a radius l of 2788.71 feet ~d a Ceptralangel of, ,14 degrees, 56 minutes 26 seconds; I [ thence SO.llt}l 01 ~egrees 17 minutes ~ ; 13 seconds West, tangent to said last ' I described c\1rVe, a di~anCe of 569,45 II , feet;ihence Southerly, along a tangen- It , tial' curve ' concave to the Northwest, Il having a . radius, of 45~.32 feet, to the t intersection With the' East ,line of said El Southwest Quarter; thence' South, q along said East line of the Southwest G Quarter to the Southeast corner of:J. said Southwest' Quarter; thence 0 Westerly Mong the South line of said r. Southwest Quarter- to ~ intersection 1/ With ,the '~nterline of the Burlington 't Nerthern.., Railroad;'. . thence t Northwesterl~ along said centerline of I~ ,the Burlington Northern Railroad to'o ;the inteI:secfion With the West liI;1e of. . said "Southwest Quarter; thence II Northerly, along said West line, to the ill Northwest corner of said Southwest .: Quarter; thence Easterly, along said ~~ North line of the Southwest Quarter ., to the point of beginning. ,J (Jnl0).e STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) S\\"LQ~;t~ \-\o-rr\S being duly sworn, on oath says that helshe is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)Theprinted DyU' 0C\J'\.Ct 9 t) - 3 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for' suc- cessive weeks; it was first published on Wednesday, the \ D~J day of '0Uf\.Q. , 19..9.B., and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of , 19_; 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. Subscribed and sworn to before me on this ~\\.N, ,19QB. ~ Ii ,2d~ day of Notary Pub' 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 $J\().CJ) $Jloo, 0'3 $ 1\00,03