ORD 01-003 ORDINANCE 01 - 03
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
AS DESCRIBED
CASE NO. ZC 01-04
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 the properties described as:
(See Attached Exhibit A)
Section 2. The rezoning is being approved based on the following findings:
1. THE REZONING WILL NOT CREATE ADVERSE IMPACTS TO ADJACENT USES.
2. THE REZONING IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS.
3. THE REZONING IS COMPATIBLE WITH THE VALUES OF THE WILD AND SCENIC RIVER
DISTRICT.
4. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND WILL BE SERVICED BY
MUNICIPAL SEWER AND WATER.
5. THE PROPERTY IS ADJACENT TO HIGHWAY 10 AND IS LOCATED AT A SIGNALIZED
INTERSECTION THAT WILL MEET THE TRANSPORTATION NEEDS OF THE COMMERCIAL
AND RESIDENTIAL USES.
6. THE RESIDENTIAL USE ADJACENT TO THE BLUFF LINE OF THE MISSISSIPPI RIVER
PROVIDES A DESIRABLE TRANSITION FROM THE RIVER TO THE PROPOSED
COMMERCIAL AREA ADJACENT TO HIGHWAY 10.
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 19th day of March, 2001, by the City Council of the
City of Elk River.
- Ste~hanie A. Klinzing;~/ayor ~
Sandra A. Peine, City Clerk
s:\planning\ordinanc\zc01-04.doc
EXHIBIT A
That part of the Northwest Quarter of the Northwest Quarter (NW ¼ of NW %) of Section
Eleven (11), Township Thirty-Two (32), Range Twenty-Six (26), Sherburne County,
Minnesota, lying west of the Westerly line of the right-of-way of United States Highway
No. 10 according to MINNESOTA DEPARTMENT OF TRANSPORTATION
MONUMENTATION PLAT 71-MI filed as Instrument No. 15831, files of the Sherburne
County Recorder. Except the north 2 rods (33.00 feet), as measured along the West
line, of said Northwest Quarter of the Northwest Quarter (NW ¼ of NW ¼).
Together with:
That part of the Southwest Quarter of the Northwest Quarter (SW % of NW ¼) of Section
Eleven (11) Township Thirty-Two (32), Range Twenty-Six (26), in Sherburne County,
Minnesota described as follows:
Beginning at the point of intersection of the North line of said Southwest Quarter
of the Northwest Quarter (SW ¼ of NW ¼) with the Westerly line of the right-of-
way of United States Highway No. 10 according to MINNESOTA DEPARTMENT
OF TRANSPORTATION MONUMENTATION PLAT NO. 71-MI filed as
Instrument No. 15831, files of the Sherburne County Recorder, said point of
intersection also being 598.90 feet West, as measured along said North line,
from the Northeast corner of said Southwest Quarter of the Northwest Quarter;
thence southeasterly along said Westerly line of the highway right-of-way along a
curve with a radius of 7674.55 feet, for a central angle of 5 degrees, 02 minutes,
49 seconds, and a distance of 676.01 feet to the MnDOT Monument No. S-9
according to said PLAT NO. 71-MI; thence South 7 degrees 43 minutes, 00
seconds East tangent to said curve and along said Westerly line of the highway
right-of-way for 23.40 feet; thence on a bearing of West parallel with said North
line for 400.00 feet; thence North 10 degrees, 07 minutes, 15 seconds West for
699.17 feet, more or less, to intersect said North line at a point thereon a
distance of 400.00 feet of said Point of Beginning; thence on a bearing of East
along said North line for 400.00 feet to said Point of Beginning. Subject to
easements, if any.
For the purposes of this description the North line of said Southwest Quarter of the
Northwest Quarter (SW ¼ of NW ¼) is assumed to bear due East and West.
s:\planning\ordinanc\zc01-04.doc
Mfidavit of Publication
C
The eit
Elk River
lows:'
SeetioQ
Zomng Ma'
ill hereby
properties
rhat p
Q/!.artl?r 0
(NW 1/4c
RNI)~r!'(l .' . '" ,,:y~
(32), Range Twenty"Six ,'(26)
S~erb/!.l'l1.e Cou.nty.' Minnesota:
ly,mg west of the WesterlYi line of the
nlfM"o{-way ,Qf Unite'd States
Hzghway No. 10 according,(oMIN"
NESOTAPEPARTMENT ..... OF
TRANSPORTATION MONUMEM
TATIQNPLAT, nMI filed ak
In~tru.,rTll?~tNo'.J.(i.83!, li!I?{1.qf tM
$h~rb'lrneqQ!lrJ4Y.Recorcl,(?r.. '/f;xcept
the.nqrth2irQ~ (33.0
es /!.arter '
(SW 1/f1 of Nw 1/4) of Section
~lel!l}f!.. (11) Township Thirty. Two
(32), Range, Twl?nty:Six (26){ in
Sher~/!.rne C;ou.,nty,. 'Mirmesota
descr~bed as follQws: . .
.1Jeginning at t~ point Qfinterseo".
tzon of the Nqrth line, of said
So/!.thwest Qu.arterof the
Northu)~{1t Ru.,artl?r: (SW 114 of NW
I! 4) II-nth the Westerly line of the
,nght~rway p' s
Highw",y No. 10
NESOTA ." DE " OF '.
TRANSPORTATION MONUMEN"
TATION PLAr NO. 71.MI filed as
Jnstr/!.ment No. 15831, files of the
Sh~rb/!.rne CO/!.lItY Recorder, "said
pomt of intersecti alsq being
598.90 feet West, as '
saia North line .
coiner of sajd So
the Northwest
so/!.theasterly iLL
line of the'
along a c/!.r
7674.55 fe.et,
degrees, ' 02 .
and a distance
MnDOT Mon/!.m
in,g to said PL4T N nee
So/!.th 7 deGrees 43 min/!.tes, 00 sec.
onds Rast tangent to said c/!.rue and
along s.aid Westerly li".e of tJze high-
way nght-of.wu;y for. 28.4Q fel?t;
th~nce ~n a beanng ofW,est parallel
wah sazd North line for 400.00 I~et;
thenc~ NprthJO de.grfes, 07 min-
/!.tes, 15'seconds West 'for 699.17
feet, rrzo.re or less, to intersect said
North lzne at (J point thereon a di~,
tan~e ,of 40Q. 00 feet of saz t of '
Begmnmg; thence on a b of
East 'along' said NQrth .line for I
400..00. feet t~ ..' saM' PQint ~f
Begmnmg. S/!.bject fo easl?ments, it
any., ,"
. For the purposes of thill descrip-
tIon the North line of llaid
Southwest Quarter. of .. the
Northwes~Qu '
1/4) is assume
and West.
See .
appro
findin
l.T
CREA
ADJA
2.TH
IBLE WITH THE' A ACENT
ZONlNQ DISTRICTS .' .
3. THE REZONING IS COMPAT-
JBLE WITH THE. VALUES OF
THE WILD AND SCENIC RIVER
DISTRIC . '
4.
TH
. AN
M
WA
5.
C
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STATE OF MINNESOTA )
)ss.
COUNlY OF SHERBURNE)
cc / \ '\ 7.Jl b e{\'\
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being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper 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 Ir~S,' as amen~ed.
O B) The printed Or ru (\ClJV\, c,e
\-D~
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for \ successive weeks; it was first published
on Wednesday, the ~Bibday of mo.lf'C'\r\ .,
20 0 \ , and was thereafter printed and published every
Wednesday to and including WedneSQ~Y, the
day of , 20 ; 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 i j k I m n 0 p q r s t u v w x y z
W~~
(~-e ,ry\ i ,fy'Cl \ m 0vY\ (A~
dB *"" day of
Subscribed and sworn to before me on this
Y'f\.O... VC,", , 20 () t
~ -rv7. A~
Notary Pub - le,t1f!"'?< f'
',",~, I. t!J
RATE INFORMATION .I ~);;;,'f;iA1~OZo~Y~~/~:HIMIIVS/(1 .,
111. l2xp. MI/lJ/IJ t
(1) Lowest classified rate paid by W'. Ires Jill). 3 CSOTJI <
,!;t 1, 2005 ~
commercial users for comparable space $ \ S
"
(2) Maximum rate allowed by law for
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