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99-031 ORDORDINANCE 99 - 31 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM Rla, SINGLE FAMILY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT CASE NO. ZC 99-7 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. The rezoning is being approved based on the following findings: THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF LR, LOW DENSITY RESIDENTIAL AND THE CITY'S SHORELAND ORDINANCE. 2. A PLANNED UNIT DEVELOPMENT ALLOWS A COMPREHENSIVE REVIEW OF DEVELOPING THE PROPERTY. 3. A PLANNED UNIT DEVELOPMENT ALLOWS FOR FLEXIBILITY IN SUBDIVISION DESIGN. 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 11th day of October, 1999 by the City Council of the City of Elk River. c.. StepSanie A. Klinzing, M~ort Sandra A. Peine, City Clerk s:\document\ordinanckzc99-7.doc /' EXHIBITA The North Half of the Southeast Quarter of Section 23, To.wnship 33, Range 26. Less and except all that part of the South 420 feet, as measured along the West line, of the Northwest % of the Southeast %, of Section 23, Township 33, Range 26, lying Westerly of a line described as beginning at a point on the South line of said Northwest % of the Southeast % a distance of 687.73 feet East of the Southwest corner thereof; thence Northwesterly to terminate at a point on the North line of said South 420 feet a distance of 417.00 feet East of the West line of said Northwest % of the Southeast % as measured along said North line of the South 420 feet. Also less and except that part of the Northwest Quarter of the Southeast Quarter of Section 23, Township 33, Range 26, described as follows: Commencing at the Northwest comer of said Northwest Quarter of the Southeast Quarter;, thence South 00 degrees 47 minutes 45 seconds West along the West line of said Northwest Quarter of the Southeast Quarter, a distance of 340.39 feet; thence South 89 degrees 12 minutes 15 seconds East, a distance of 102.20 feet; thence easterly along a tangential curve concave to the'north having a radius of 1130.00 feet and a central angle of 6 degrees 08 minutes 12 seconds, a distance of 121.03 feet to the point of beginning; thence continuing eastedy along said tangential curve having a radius of 1130.00 feet and a central angle of 5 degrees 21 minutes 21 seconds, a distance of 45.80 feet; thence South 11 degrees 43 minutes 38 seconds West, a distance of 395.52 feet; thence North 71 degrees 28 minutes07 seconds West, a distance of 167.98 feet; thence South 58 degrees 54 minutes 35 seconds West, a distance of 88.33 feet; thence North 00 degrees 47 minutes 45seconds East, a distance of 308.28 feet to the point of beginning. And that Leonard W. Wirtz and Helen M. Wirtz; husband and wife, fee owners of the following described property situated in the County of Sherburne, State of Minnesota, to- wit: That part of the Northwest Quarter of the Southeast Quarter of Section 23, Township 33, Range 26, described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 00 degrees 47 minutes 45 seconds West along the West line of said Northwest Quarter of the Southeast Quarter, a distance of 340.39 feet; thence South 89 degrees 12 minutes 15 seconds East, a distance of 102.20 feet; thence easterly along a tangential curve concave to the north having a radius of 1130.00 feet and a central angle of 6 degrees 08 minutes 12 seconds, a distance of 121.03 feet to the point of beginning; thence continuing easterly along said tangential curve having a radius of 1130.00 feet and a central angle of 5 degrees 21 minutes 21 seconds, a distance of 45.80 feet; thence South 11 degrees 43 minutes 38 seconds West, a distance of 395.52 feet; thence North 71 degrees 28 minutes07 seconds West, a distance of 167.98 feet; thence South 58 degrees 54 minutes 35 seconds West, a distance of 88.33 feet; thence North 00 degrees 47 minutes 45seconds East, a distance of 308.28 feet to the point of beginning. s:\document\ordinane~zc99-7.doc Mfidavit of Publication ORDINANCE9!).;31 CITY OF ELK RIVER AN ORDINANCE AMENDING -'l'HE~.cITY OF ELK RIVER . ZONING MAP TO REZONE CERTAIN PROPJ1;RTY FROM Al~, ~ . SINGLE FAMILY.; '.' RESIDENTIAL TO PuD, . PLANNED,UNJT . '-. DEVELOPMENT. . . CASE NO. ZC 99-7 . :r'he city C()unCilofthe Vity or' Elk River doeshereby~ordain as follows: . Section 1. The dU'ly adopted Zoning .~ Map of the City of Elk River is hereby 'dame~' e, the. property . es '".......-, .' ' planned' unit development '.a comprehensive review of ing the property~ .' , . planned unit . development' for' flexibility in. subdivision ed and adopte4 this 11 r, 1999, by the Cltj-Co City of Elk River. o . ; 0 '. Stephanfe Klinzing ~ATTE$'l': Sandra:A.!Peme,: :.. '. City Cler~ (Oct20)-. STATE OF MINNESOTA )ss. COUNTY OF SHERBURNE) fJ'\A.RD-efu \-hv-r'\~ being duly sworn, on oath says that he/she 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 oth~r applicable laws, as amended. 0 cU 9 . (B) The printed '( I ('\ G /Y\;('.L C1 - '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 ;2 D 1D day of OLt-O\Jf'r , 19fi, 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. BY: TITLE: a bed e fg h ij k 1 m n 0 p q l' S t u v w x y Z ~ex\~ ~C~(A~~ 6tO~ day of S~~r\b~d and sworn to before me on this l.L\l.)'o~v , 19~. (l ~~ 11/1, lrb~ILf~/I~ Not;~;U~ic(j ~ J~C~ ~ I ~'!'ii"'&. NOTARV [>"", ~CHIMINSKII . "'1 1.o0rnrn E' "'I/V1vt:SOTI' . )(Pires Jan " RATE INFORMATION .31,2000 (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 '7 <6.'75 '-1915/ $ Y9. S J $ $