ORD 02-007ORDINANCE 02 - 0 7
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
FROM R1C (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT
DEVELOPMENT)
CASE NO. ZC 02 - 05
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 and land use changes are consistent with the
comprehensive plan.
2. The rezoning is compatible with the adjacent zoning districts.
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 20tl~ day of May, 2002, by the City Council of the City of Elk
River.
San'dra A. Pein, e, City Clerk
SteF~anie A. Klinzing, M~Tdr '
s:\planningXordinancXzcO2-OS.doc
EXHIBIT A
That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 33, Range
26, Sherburne County, Minnesota which lies Southeasterly of the Southeasterly right-of-way line
of County State Aid Highway No. 13.
Which lies Easterly and Southeasterly of a line to be hereinafter referred to as "Line A", drawn
parallel with and distant 60.00 feet Easterly and Southeasterly of the following described line:
Commencing at the Southwest corner of said Southwest Quarter of Section 35; thence South 89
degrees 51 minutes 13 seconds East, on an assumed bearing along the South line of said
Southwest Quarter, a distance of 1155.26 feet; thence North 32 degrees 51 minutes 28 seconds
East, a distance of 326.12 feet to the actual point of beginning of said line to be hereinafter
described; thence continuing North 32 degrees 51 minutes 28 seconds East, a distance of
146.32 feet; thence Northeasterly, Northerly, and Northwesterly, a distance of 718.51 feet along
a tangential curve concave to the West, having a radius of 600.00 feet and a central angle of 68
degrees 36 minutes 44 seconds; thence North 35 degrees 45 minutes 16 seconds West,
tangent to said last described curve, a distance of 548.83 feet; thence Northwesterly, a distance
of 493.89 feet, along a tangential curve concave to the Northeast, having a radius of 984.25 feet
and a central angle of 28 degrees 45 minutes 02 seconds; thence North 07 degrees 00 minutes
14 seconds West, tangent to said last described curve, a distance of 831.93 feet; thence
Northerly and Northeasterly, a distance of 639.56 feet, along a tangential curve concave to the
Southeast, having a radius of 600.00 feet and a central angle of 61 degrees 04 minutes 23
seconds to a point to be hereinafter referred to as "Point B" and there terminating.
And also that part of said Southwest Quarter of the Northwest Quarter of Section 35 which lies
Northeasterly of a line which bears South 35 degrees 55 minutes 51 seconds East and passes
through said above referenced "Point B".
Except that part of said Southwest Quarter of the Northwest Quarter described as follows:
Commencing at the Southwest corner of said Southwest Quarter of the Northeast Quarter;
thence North 89 degrees 59 minutes 37 seconds West, an assumed bearing along the South
line of said Southwest Quarter of the Northwest Quarter, a distance of 318.06 feet to the point of
beginning of said parcel to be hereinafter described; thence North 07 degrees 00 minutes 14
seconds West, a distance of 34.31 feet; thence Northerly, Northwesterly, and Westerly, a
distance of 78.54 feet, along a tangential curve concave to the Southwest, having a radius of
50.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence South 82 degrees
59 minutes 46 seconds West, tangent to said last described curve, a distance of 64.96 feet to
the intersection with said above described reference "Line A"; thence Southerly, along said
above described reference "Line A" to the intersection with said South line of the Southwest
Quarter of the Northwest Quarter; thence Easterly, along said South line of the Southwest
Quarter of the Northwest Quarter to the point of beginning.
C:\WlNDOWS\Temporary tnternet Files\Content. lE5\8BJDFGF4\Exhibit A 3-21-0211].doc
, .
Affidavit of Publication
• 02.07 STATE OF MINNESOTA )
ORDNANCE
CITY OF'ELK RIVER )ss.
AN ORDINANCE ¢.w II G COUNTY OF SHERBURNE)
THE crr�r O�ELK °
ZONING MAP TO REZONE _ ,
CERTAIN PROPERTIES
FROM R1C(SINGLE FAMILY L. //� c�he lL /, /4j1,/ -
RESIDENTIAL)TO POI)
(PLANNED UNIT being duly sworn, on oath says that he/she is the publisher
DEVELOPMENT)O.ZC 02-0 or authorized agent and employee of the publisher of the
CASE NO.ZC 02-05 g P
The City Council of the City of' newspaper known as the Elk River Star News, and has full
Elk River does hereby ordain as
follows: knowledge of the facts which are stated below:
Section 1. The duly adopted
Zoning Map of the City of Elk A) The newspaper has complied with all the
River is hereby amended to rezone
requirements constitutin g qualification as a qualified the properties described as
the newspaper, as provided by Minnesota Statute 331A.02,
That part t EXHIBIT of the Southwest
Quarter of the Northwest.Quarter 331A.07, and other applicable laws, as amended.
of Section 35,Township 33,Range ,�
26, Sherburne County, Minnesota B) The printed C'r 4(2 Lei CeCe 0.2 O 2
which lies Southeasterly of the
Southeasterly right-of-way line of
County State Aid Highway No. 13, which is attached was cut from the columns of said
Which lies Easterly and
Southeasterly of a line to be here- newspaper, and was printed and published once each
inafter referred to as "Line A;
drawn parallel with and distant week, for i successive weeks; it was first published
60.00 feet Easterly and e- '
Southeasterly of the following on Wednesday, the 7 /'( day of ,- p��.J ,
described line: 20 0 , and was thereafter printed and published every
Commencing at the Southwest
• corner of said Southwest Quarter
of Section 35; thence South. 89 Wednesday to and including Wednesday, the _
degrees 51 minutes 13 seconds day of , 20 ; and printed below
East,on h an ine of said id Southwest along w st is a copy of the lower case alphabet from A to Z, both
the South line of said Southwest Py P
Quarter,a distance of 1155.26 feet; inclusive, which is hereby acknowledged as being the size
thence North 32 degrees 51 min-
utes 28 seconds East,a distance of and kind of type used in the composition and publication
326.12 feet to the actual point of
beginning of said line to be here- of the notice.
inafter described;,thence continu-
ing North 32 degrees 51 minutes
28 seconds East, a distance of abcdefghijklmnopgrstuvwxyz
146.32 feet;thence Northeasterly,
Northerly, and Northwesterly, a V V`distance of 71$51 feet along a tan- A �(*'
gential curve concave to the West, BY: /,r' 9
having central a radius of 600.00 8 degrees and TITLE: G'r'it°/1 Ai / R-/chi c/ 't
a central angle of 68 degrees 36
minutes 44 seconds; thence North
35 degrees 45 minutes 16 seconds q
West,tangent to said last described Subscribed •
and sworn to before me on this ,,,,� // day of
curve, a distance of 548.83 feet;
thence Northwesterly,a distance of tJ- 20
493.89 feet, along a tangential ��
curve concave to the Northeast, /
having a radius of 984.25 feet and- )I _' I �,
a centrals angle of 28 degrees 45
minutes 02 seconds; thence North
07 degrees 00 minutes 14 seconds Notary Publi C�Nnv
West,tangent to said last described Arf 11°
thence a Northerly and 831.93 h- RATE INFORMA • ►�°My comm.o M�M/No A' °
easterly, a distance of 639.56 feet, a^°37.2oos
along a tangential curve concave to (1) Lowest classified rate paid by
the Southeast, having a radius of 86,,S r •
011 600.00 feet and a central angle of commercial users for comparable space $
(2)
61 degrees 04 minutes 23 seconds Maximum rate allowed by law for
to a point to be hereinafter referred
to as`Point B"and there terminat- the above matter $ /7/E 1I
ing. ,
And also that part of said (3) Rate actually charged for the l/� l/
Southwest Quarter of the above matter $
Northwest Quarter of Section 35
which lies Northeasterly of a line
which bears...South 35 degrees 55
minutes 51 seconds East and pass-
es throagh said above reftrenced
'Aoitst B.
Except that part of said
Southwest Quarter - of the
Northwest Quarter described as
follows:
Commencing at the Southwest
corner of said Southwest Quarter
of the Northeast Quarter; thence
North 89 degrees 59 minutes 37
seconds West,an assumed bearing
along the South line of said
Southwest Quarter of the
Northwest Quarter,:a distance of
318.06 feet to the point of begin-
ning of said parcel to be here-
inafter described;thence North 07
degrees 00 minutes 14 seconds
West, a distance of 34,31 feet;
thence Northerly, Northwesterly,
and Westerly, a,distance of 78.54
feet,along a tangential curve con-
cave to the Southwest, having a
radius of 50.00 feet and a central
angle of 90 degrees 00 minutes 00
seconds; thence South'82 degrees
59 minutes 46 seconds West, tan-
gent
to said last described curve,a
distance of 64.96 feet to the inter-
section with said ,.. ,
+si . a,,,�4 k,
ong said South line of
the Southwest Quarter of the
Northwest Quarter to the point of
beginning.
Section 2.The rezoning is
approved based on the following
findings:
1. The rezoning and land use
changes are consistent with the
comprehensive plan.
2. The rezoning is enmpatible
with the adjacent zoning districts.
Section 3. That this Ordinance
shall take effect and be,in full force
from and after the date of its pub-
lication.
Passed and adopted this 20th
day of May„2002, by the City
Council of the City'Ink k Rivet
Stephanie A.Elinzing
Mayor
Saner A.Fein,City Clerk
(My29)