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ORD 04-010 ORDINANCE 04 - 10 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM RID SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT CASE NO. ZC 04- 05 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zonillg Map of the City of Elk River is hereby amended to rezone the properties from Rld Single Family Residential to PUD Planned Unit Development described as: See Attached Exhibit A Section 2. The rezonillg is being approved based on the following findings: 1. THE ZONING IS COMPATIBLE WITH THE UNDERLYING LAND USE OF MEDIUM DENSITY RESIDENTIAL. 2. THE PROPOSED USE IS CONSISTENT WITH THE ZONING REQUESTED. 3. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES AND ZONING. 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 July, 2004, by the City Council of the City of Elk River. ~~,Q.~ Steph nie A. Klinzing, May ATTEST: ~~ J~rn"', 0" Clorn 04.10 Exhibit A All that portion of the North half of the Northeast Quarter of Section 35, Township 33, Range 25, lying west of Judicial Ditch No.1, as same now crosses tract, Sherburne County, AND That part of the Northwest Quarter of the Northwest Quarter of Section 36, Township 33, Range 26, Sherburne County, Minnesota, AND All that part of the Southwest Quarter of the Southeast Quarter of Section 26, Township 33, Range 26, lying southeasterly of County State Aid Highway No. 13, EXCEPT that part thereof described as follows: Beginning at the intersection of the East line of the West one-half of the Southeast Quarter and the centerline of County State Aid Highway No. 13; thence South along the East line, 700.00 feet; thence West at right angles, 285.00 feet; thence North at right angles to said centerline of County State Highway No. 13; thence northeasterly along said centerline of highway to the point of beginnillg, according to the United States Government Survey, thereof and situate in Sherburne County, Minnesota. AND That part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 33, Range 26, Sherburne County, Minnesota, lying easterly of the center line of County State Aid Highway No. 13, and Southerly of a line described as follows: Beginning at a point on the east line of said Northeast Quarter of the Northwest Quarter, the bearing of which is assumed to be South 00 degrees 59 minutes West, said point being 910.75 feet as measured along said East line from the Northeast corner thereof; thence South 88 degrees 16 minutes 30 seconds West, a distance of 833.86 feet, more or less to intersect said center line of County State Aid Highway No. 13, and there terminating, together with and subject to that part taken for said highway. 04-10 . . . . Affidavit of Publication STATE OF MINNESOTA ) )ss. COUN1Y OF SHERBURNE) ORDINANCE 04 . 10 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZON- ING MAP TO REZONE CERTAIN PROPERTIES FROM' RID SIN- GLE FAMILY RESIDENTIAL TO pun PLANNED UNIT. DEVEL- OPMENT CASE NO. ZC 04- 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. from RId Single Family' Residential to pun Planned Unit Development described as: . All that portion of the North half of the Northeast Quarter of Section 35, Township 33, Range 25, lying west ofJu.dicial Ditch No. 1,as same now. crosses tract, S~rburne County, AND That part of" the Northwest Quarter of the Northwest Quarter of Sectio]t 36, Township 33, Range 26, Sh(wburne County, Minnesota, AND . All that part of the Southwest. Qu.artet of the Southeast Qu.arter of Section 26, Township 33, Range 26, lying southeasterly. of County State Aid' Highway No. 13, EXCEPT. that part thereof described as follows: Beginning at the. intersection of the East lilfe of (he West one-half of the Southeast Quarter and the cen- terline.of County State Aid Highway No..l3; thence South along the East line, 700.00 feet; thence West at right angles, 285.00 fee.t; thence N()rth at rightangles to smd centerline of County State Highway No. 13; thence northeast- (!rlya16ng said c:enterline of high- way to the point of beginning, ~. . '__I 141 tI&e United 8#Mef' ~ &,,,,tY, thereofalCd ! sit'"*' ~. SlNrbttme . Count), ,A(~ ,,~; . u_ _~___.'~_ AND(, ~,-'port of ,.. NorM,,,. Quarter of the Northwest Quarter of Section 35, Township 33, Range 26! . Sherburne. County, Minnesota, IYlng easterly of the center line. of County State Aid Highway No. 13, . and Southerly of a line described as follows: Beginning at a point on the east line of said Northeast Quarter of theN?rth,west Quarter, the bearing ofwhwh lS assumed to be South 00 degrees. 59 minutes West, said point being 910.75 feet as meas- ured along said East line {rom the Northeast corner thereof; thence South 88 (legrees 1.6 minutes 30 seconds West, a distance of 833.86 feet, more or less to intersect said center line of County State Aid Highway No. 13, andthere.termi- nating, together with and sub.kct to that p~rt taken for said highway. Section 2. The rezoning is being approved. based. on ,the following findings: 1. THE ZONING IS COMPATI- BLE WITH TH.E UNDERLYING LAND USE OF MEDIUM DENSI. TY RESIDENTIAL. 2: THE PROPOSED USE IS CONSISTENT WITH THE ZON- INGREQVESTED.. 3. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES AND ZONING. 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 .19th day of July, 2004, by the City Coqncil of the City of Elk River. Stephanie A. Klinzing, Mayor ATTEST: Joan Schmidt, CitvClerk <G' \""k (l'oeth t\ClVT', s 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 appliRbl~ laws, as amended. B) The printed _Ox:dJ YIOJtlLe_.o_~1D__ which is attached was cut from the columns of said newspaper, and was printed and published once each week, for \ s~~ve weeks; it ,-as first published on Wednesday, the ~ day of ~\l \ ~ ' 20~, and was thereafter printed and published every Wednesday to and including Wednesday, 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. a b c d e fghij k I m n 0 p qrs tuvwxyz e~m-~Cl~r . r~h Subscribed and sworn to before me on this cJ.()- day of ,~~\ \'1 'YVl.'.20 2. ~.,~, jJ, / N~ -'~f,j~M. ,< ---.:..,NOT~RV D,,~. lNSKlj ~ v~~~l;~~~~S2~~~ RATE INFORMATION ,..~ (1) Lowest classified rate paid by · commercial users for comparable space $ 3~O. 9~ (2) Maximum rate allowed by law for the above matter $ 'SO .~O $ \50. ~D BY: TITLE: (3) Rate actually charged for the above matter