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ORD 02-002 ORDINANCE 02 -2 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM RID (SINGLE FAMILY RESIDENTIAL) TO R3 (TOWNHOME DISTRICT) CASE NO. ZC 02 - 01 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Thc 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 REQUEST IS CONSISTENT WITH THE LAND USE PLAN. 2. THE REQUEST WILL NOT ADVERSELY IMPACT ADJACENT PROPERTY OWNERS OR LAND USES. Section 3. That this Ordinance shah take effect and be in full force from and after the date of its publication. Passed and adopted this 19m day of February, 2002, by the City Council of the City of Elk River. ATTEST: Stephanie A. Kflinzing, Mayor Sandra A. Peine, City Clerk EXHIBIT A The Southeast Quarter of the Northwest Quarter of Section 2, Township 32, Range 26, except that part thereof as follows: Commencing at the northeast corner of said Southeast Quarter of the Northwest Quarter; thence on an assumed bearing of South 1 degree 17 minutes 13 seconds West, along the East line thereof, a distance of 430.84 feet to the actual point of beginning of the land to be described: thence North 88 degrees 42 minutes 47 seconds West a distance of 272,86 feet; thence Southwesterly a distance of 67.79 feet along a nontangential curve concave to the Northwest having a radius of 330.00 feet, a central angle of 11 degrees 46 minutes 12 seconds and a chord of said curve bears South 58 degrees 17 minutes 28 seconds West; thence Southwesdy and Southerly a distance of 406.12 feet along a reverse curve concave to the Southeast having a radius of 370.00 feet, a central angle of 62 degrees 53 minutes 21 seconds and the chord of said curve bears South 32 degrees 43 minutes 53 seconds West; thence South 1 degree 17 minutes 13 seconds West, tangent to said curve, a distance of 152.65 feet; thence Southerly, Southeasterly and Easterly a distance of 269.78 feet along a tangential curve concave to the Northeast having a radius of 170.00 feet and a central angle of 90 degrees 55 minutes 36 seconds; thence South 89 degrees 38 minutes 23 seconds East, tangent to said curve, a distance of 111.57 feet; thence Easterly and Southeasterly a distance of 69.74 feet along a tangential curve concave to the Southwest having a radius of 105.00 feet and a central angle of 38 degrees 03 minutes 15 seconds; thence North 38 degrees 24 minutes 52 seconds East, not tangent to said curve, a distance of 218.84 feet; thence South 89 degrees 38 minutes 23 seconds East a distance of 49.54 feet to the East line of said Southwest Quarter of the Northwest Quarter; thence North 1 degree 17 minutes 13 seconds East, along said East line a distance of 533.02 feet to the point of beginning. . . III Affidavit of Publication STATE OF MINNESOTA ) )ss. ORDINANCE 02-2 COUNTY OF SHERBURNE) CITY OF ELK RIVER AN ORDINANCE AMENDING r^ THE CITY.OF ELK RIVER' P I i 7 +-e 1 `n ` S , ZONING ERTA N PROPERTIES O TO REZONE being duly sworn, on oath says that he/she is the publisher CERTAIN PROPERTIES g y FROM RID(SINGLE FAMILY or authorized agent and employee of the publisher of the RESIDENTIAL)TO R3(TOWN HOME DISTRICT) newspaper known as the Elk River Star News, and has full CASE NO.ZC 02-01 The City Council of the City of knowledge of the facts which are stated below: Elk River does hereby ordain as fol- lows: A) The newspaper has complied with all the Section 1. The duly adopted requirements constituting qualification as a qualified Zoning Map of the City of Elk River is hereby amended to rezone the newspaper, as provided by Minnesota Statute 331A.02, properties described as: EXHIBIT A 331A.07, and other applicable laws, as amended. The Southeast Quarter of the 0 Northwest Quarter of Section 2, B) The printed �/ L'c't_L _O ______ Township 32,Range 26,except that part thereof as follows: Commencing at the northeast tor- which is attached was cut from the columns of said ner of said Southeast Quarter of the Northwest Quarter; thence on an newspaper, and was printed and published once each assumed bearing of South 1 degree 17 minutes 13 seconds West, along week, for i successive weeks; it was first published the East Line thereof,a distance of on Wednesday, the 1 3 it- day of M�ock 430.84•feet to the actual point of , beginning of the land to be 20 Oa , and was thereafter printed and published every • described;thence North 88 degrees — 42 minutes 47 seconds West a dis- Wednesday to and including Wednesday, the tone of 272.86 feet; thence Southwesterly a distance of 67.79 day of , 20 ; and printed below feet along a nontangential curve is a copy of the lower case alphabet from A to Z, both concave to the Northwest having a py P radius of 330.00 feet, a central inclusive, which is hereby acknowledged as being the size angle of 11 degrees'46 minutes 12 seconds and a chord of said curve and kind of type used in the composition and publication bears South 58 degrees 17 minutes 28 seconds West; thence South- of the notice. westly and Southerly,a distance of 406.12 feet along a reverse curve concave to the Southeasthavinga abcdefghijklmnopgrstuvwxyz radius a a47004 awt the chord__ fit. iii_i, ors,.. bears S +sse All isisisaust BY l Wag; or Brack X TITLE: 1 e IN V 2�` IQ F dairse 17 IS Sider* , tangent to said enure,a itassoraf 152.65 feet; thence Southerly, Southeasterly and Easterly a dis- Subscribed and sworn to before me on this �3 day of tance of 269.78 feet along a tangen- tial curve concave to the Northeast N) 'e C.t V\ , 20 OD- . having a radius of 170.00 feet and • a central angle of 90 degrees 55 I • minutes 36 seconds; thence South I I• 89 degrees 38 minutes 23rseconds ,aa _: Y l East, tangent to said curve, a dis- Notary Public €,,ti fVQ ,p� SChII�g/E,�c -, tance of 111.57 feet;thence Easterly •w C,,. UByr and Southeasterly a distance of Ore Ml`vi fS 69.74 feet along a tangential`curve RATE INFORMATION SJan°31'200.5- ' concave to the Southwest having a radius of 105.00 feet and a central . (1) Lowest classified rate paid by angle of 38 degrees 03 minutes 15 19 '1%--) JO seconds;thence North 38 degrees 24 commercial users for comparable space $ l "� minutes 52 seconds East, not tan- gent to said curve, a distance of (2) Maximum rate allowed by law for 218.84 feet;thence South 89 degrees $ 119' Q(0 38 minutes 23 seconds East a dis- the above matter tance of 49.54 feet to the East line of (3) Rate actually charged for the r� said Southwest Quarter of the $ I I /Q OC/ Northwest Quarter;thence North 1 above matter O� W degree 17 minutes 13 seconds East, along said East line a distance of 533.02 feet to the point of begin- ning. Section 2. The rezoning is being approved based on the following findings: • • 1. THE REQUEST IS CONSIS- TENT WITH THE LAND USE PLAN. 2. THE REQUEST WILL NOT ADVERSELY IMPACT ADJA- CENT PROPERTY'OWNERS OR .LAND USES. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publi- cation. Passed and adopted this 19th day of February, 2002,.by the City. Council of the City of Elk River. Stephanie A.Klinzing,Mayor ATTEST:' Sandra A.Peine,City Clerk (Mr13) i S.