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ORD 05-014 . . . ORDINANCE 05 - 14 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE MULTIPLE PARCELS AS DESCRIBED IN ATTACHED EXHIBIT A CASE NO. ZC 05- 01 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 ZONE CHANGE WILL BE CONSISTENT WITH THE LAND USE MAP. 2. THE ZONE CHANGE WILL NOT ADVERSELY IMPACT ADJACENT PARCELS. 3. THE ZONE CHANGES PROMOTE THE VISION STATED WITHIN THE CITY'S COMPREHENSIVE PLAN. 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 20th day of June, 2005, by the City Council of the City of Elk River. ATTEST: ,~;(/. ~ J oa S hmidt, City Clerk . . . EXHIBIT A Parcel #1 is hereby rezoned to 11, Light Industrial: That part of the Southwest Quarter of the Southeast Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota which lies Southwesterly of the following described line: Commencing at the Southwest comer of said Southwest Quarter of the Southeast Quarter; thence North 01 degrees 34 minutes 22 seconds East an assumed bearing along the West line of said Southwest Quarter of the Southeast Quarter a distance of 1313. 37 feet to the Northwest comer of said Southwest Quarter of the Southeast Quarter being the point of beginning of the line to be hereinafter described; thence South 29 degrees 02 minutes 32 seconds East a distance of971.98 feet to the intersection with the North line of the South 468.00 feet of said Southwest Quarter of the Southeast Quarter and said line there terminating. Except the South 468.00 feet of said Southwest Quarter ofthe Southeast Quarter. Parcel #4 is hereby rezoned to 11, Light Industrial: That part of the following tracts of land: Lots 1, 2, 3 and 4, Block 18, Village of Elk River according to said plat on file and of record in the office of the County Recorder, Sherburne County, Minnesota except said Lot 1, Block 18, Together with: The South Half of the vacated portion of 2nd Street abutting the North line of said Lot 1, Together with: The South 721.50 feet of Lot 12, AUDITORS SUBDIVISION NUMBER 4, according to said map on file and of record in the office of the County Recorder, said County, Together with: The South 721.50 feet of the West 66.00 feet of the Southeast Quarter of the Southeast Quarter, Together with: That part of the East Half of vacated Evans Avenue (formerly Spring Street) lying North ofthe South line of the North 324.50 feet ofthe South 721.50 feet of the Southwest Quarter of the Southeast Quarter and lying Southerly of following described line: . . . Beginning at the Northeast comer of the South Half of Lot 6, Block 17, said Village of Elk River; thence Northeasterly to terminate at the Northwest comer of the South 374.50 feet of said Lot 12 except the plat of VERNON ESTATES according to said plat on file and of record in the office of the County Recorder, said County, Together with: That part of 2nd Street between Blocks 17 and 18, said Village of Elk River and Spring Street between State Street and a line joining the Northeast comer ofthe South Half of Lot 6, Block 17, said Village of Elk River, and the Northwest comer of the South 374.5 feet of said Lot 12 abutting the above named parcels, Except the South Half ofthe vacated portion of 2nd Street abutting Lots 2 and 3, Block 18, said Village of Elk River, Described as follows: Commencing at the Northeast comer of Section 3, Township 32, Range 26, Sherburne County, Minnesota; thence North 89 degrees 29 minutes 07 seconds West an assumed bearing along the North line of said Section 3 a distance of 1195.97 feet to the point of beginning of the land to be.described; thence South 00 degrees 07 minutes 30 seconds East; thence South 78 degrees 13 minutes 23 seconds West a distance of 409.47 feet; thence North 34 degrees 40 minutes 38 seconds West a distance of 400.34 feetto said North line of Section 3; thence North 27 degrees 34 minutes 44 seconds West a distance of 166.22 feet; thence North 34 degrees 39 minutes 38 seconds West a distance of 90.62 feet; thence North 01 degrees 10 minutes 53 seconds West a distance of 90.42 feet; thence 89 degrees 55 minutes 54 seconds West a distance of66.00 feet; thence South 01 degrees 10 minutes 53 seconds East a distance of21.59 feet; thence South 88 degrees 49 minutes 07 seconds West a distance of63.77 feet; thence South 89 degrees 29 minutes 07 seconds East a distance of 566.66 feet; thence South 00 degrees 03 minutes 54 seconds East a distance of292.08 feet; thence South 89 degrees 29 minutes 15 seconds East a distance of 63.97 feet to the point of beginning Parcel #5 is hereby rezoned to C4, Community Commercial: Lots 1,2, and 3 of AUDITORS SUBDIVISION OF LOT 6 OF AUDITORS SUBDIVISION NUMBER 3, according to said map on file and of record in the office of the County Recorder, Sherburne County, Minnesota, And also: Lots 1,2,3,4,5,6, 7, 8, 9, 10, 11 and 12, Block 7, W.H. HOULTONS ADDITION according to said plat on file and of record in the office of the County Recorder, said Sherburne County. . . . Parcel #7 is hereby rezoned to 11, Light Industrial: Lots 1 and 2, Block 1, ALCE CENTER ADDITION, according to said plat on file and of record in the office ofthe County Recorder, Sherburne County, Minnesota, And also: That part of the following tracts of land: The Northeast Quarter of the Northwest Quarter of Section 15, Township 33, Range 26, Sherburne County, Minnesota, The Northwest Quarter of the Northeast Quarter of said Section 15, The Southwest Quarter of the Northeast Quarter of said Section 15, described as follows: Commencing at the Northwest comer of the Northwest Quarter of said Section 15, thence North 89 degrees 47 minutes 29 seconds West, an assumed bearing along the North line of said Northwest Quarter, a distance of 1648.92 feet; thence South 00 degrees 15 minutes 13 seconds West a distance of33.00 feet to the point of beginning; thence South 00 degrees 15 minutes 13 seconds West a distance of 1284.97 feet to a point on the North line of the Southeast Quarter of the Northeast Quarter of said Section 15; thence North 89 degrees 59 minutes 27 seconds East along said North line a distance of990.81 feet to the Northeast comer of said Southeast Quarter of the Northwest Quarter; thence South 00 degrees 10 minutes 17 seconds West a distance of 1314.20 feet to the Southeast comer of said Southeast Quarter of the Northwest Quarter; thence North 88 degrees 49 minutes 14 seconds East a distance of 760.77 feet along the South line of said Southwest Quarter of the Northeast Quarter to the Westerly right-of-way line of U.S. Highway No. 169; thence Northwesterly a distance of 1145.94 feet along a curve concave to the Southwest said curve being the Westerly right-of-way line of said u.S. Highway No. 169, not tangent to the last described line, having a radius of 1834.86 feet, a central angle of35 degrees 47 minutes 00 seconds and the chord of said curve bears North 17 degrees 53 minutes 30 seconds West; thence North 35 degrees 47 minutes 00 seconds West continuing along said Westerly right-of-way of U.S. Highway No. 169, tangent to said curve, a distance of 699.98 feet; thence Northwesterly a distance of939.69 along a curve concave to the Northeast, not tangent to the last described line, said curve being said Westerly right-of- way line of U.S. Highway No. 169, having radius of 1977.27 feet, a central angle of27 degrees 13 minutes 46 seconds and the chord of said curve bears North 25 degrees 29 minutes 05 seconds West; thence North 50 degrees 38 minutes 57 seconds West, not tangent to the last described curve, along said Westerly right-of-way line of U.S. Highway No. 169 a distance of 158.05 feet, thence North 61 degrees 14 minutes 33 seconds West continuing along said Westerly right of way of U.S. Highway No. 169, a distance of 0.84 feet; thence North 89 degrees 47 minutes 29 seconds West a distance of 462.67 feet to the point of beginning. That part of Proctor Avenue (CSAR No.1) as dedicated on said ALCE CENTER ADDITION that lies Northerly, Westerly and Southerly ofthe following described line: . . . Beginning at the Southeast comer of said Lot 2; thence North 89 degrees 14 minutes 36 seconds East, on an assumed bearing along the Easterly extension of the South line of said Lot 2 a distance of 24.94 feet; thence North 00 degrees 48 minutes 57 seconds East a distance of 100.95 feet; thence Northerly a distance of359.08 feet along a curve not tangent to the last described line, said curve having a radius of 1146.61 feet, a central angle of 17 degrees 56 minutes 35 seconds and the chord of said curve bears North 12 degrees 11 minutes 28 seconds West; thence South 88 degrees 28 minutes 46 seconds West, not tangent to the last described curve, a distance of 14.42 feet to the Northeast comer of said Lot 2 and said line there terminating. Parcel # 9 is hereby rezoned to RIa, Single Family Residential: That part of the following tracts of land: The Northeast Quarter of the Northwest Quarter of Section 15, Township 33, Range 26, Sherburne County, Minnesota, The Northwest Quarter of the Northeast Quarter of said Section 15, The Southwest Quarter of the Northeast Quarter of said Section 15, described as follows: Commencing at the Northwest comer of the Northwest Quarter of said Section 15, thence North 89 degrees 47 minutes 29 seconds West, an assumed bearing along the North line of said Northwest Quarter, a distance of 1648.92 feet; thence South 00 degrees 15 minutes 13 seconds West a distance of33.00 feet to the point of beginning; thence South 00 degrees 15 minutes 13 seconds West a distance of 1284.97 feet to a point on the North line of the Southeast Quarter of the Northeast Quarter of said Section 15; thence North 89 degrees 59 minutes 27 seconds East along said North line a distance of990.81 feet to the Northeast comer of said Southeast Quarter of the Northwest Quarter; thence South 00 degrees 10 minutes 17 seconds West a distance of 1314.20 feet to the Southeast comer of said Southeast Quarter ofthe Northwest Quarter; thence North 88 degrees 49 minutes 14 seconds East a distance of 760.77 feet along the South line of said Southwest Quarter of the Northeast Quarter to the Westerly right-of-way line of U.S. Highway No. 169; thence Northwesterly a distance of 1145.94 feet along a curve concave to the Southwest said curve being the Westerly right-of-way line of said U.S. Highway No. 169, not tangent to the last described line, having a radius of 1834.86 feet, a central angle of 35 degrees 47 minutes 00 seconds and the chord of said curve bears North 17 degrees 53 minutes 30 seconds West; thence North 35 degrees 47 minutes 00 seconds West continuing along said Westerly right-of-way of U.S. Highway No. 169, tangent to said curve, a distance of 699.98 feet; thence Northwesterly a distance of939.69 along a curve concave to the Northeast, not tangent to the last described line, said curve being said Westerly right-of- way line of U.S. Highway No. 169, having radius of 1977.27 feet, a central angle of27 degrees 13 minutes 46 seconds and the chord of said curve bears North 25 degrees 29 minutes 05 seconds West; thence North 50 degrees 38 minutes 57 seconds West, not tangent to the last described curve, along said Westerly right-of-way line of U.S. Highway No. 169 a distance of 158.05 feet, thence North 61 degrees 14 minutes 33 . . . seconds West continuing along said Westerly right of way of u.s. Highway No. 169, a distance of 0.84 feet; thence North 89 degrees 47 minutes 29 seconds West a distance of 462.67 feet to the point of beginning. And those parcels lying east of Highway 169, south of 213th Avenue, west of the City's easterly boundary and north of County Road 33. Together with those parcels lying west of County Road 77, south of 213th Avenue and north of County Road 33. AffidawtofPublication STATE OF MINNESOTA ) )ss. COUNlY OF SHERBURNE) (J~J J1/j/e 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 laws, as amended. B) The printed tJrc-/; /Ja/Je.e os-pi which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I SUc;5trve weeks; it was first published on Wednesday, the OJ, 7 1-.- day of ~L , 20 0 ~, 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 bed e fg h ij k 1m n 0 p q r s t u v w x y z BY, ~ TITLE, . Ed/-h,e Subscribed and sworn to before me on this de; it- day of V-ttlJe , 20 () S' . (1) Lowest classified rate pai commercial users for comp e space $ (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter JS-~8. 90 $ (;!fJ. Jv $ (;3CJ. 30 ORDINANCE 05 . 14 CITY OF ELK RIVER, AN ORDINANCE AMENDING THE CITY OF EL~ RIVER ZONING' MAP TQRE~ONE MULTIPLE PARCELS, AS DESCRIBED IN ATTACHED. EXHIBIT A.,' " ' ,'. , . CASElNO. ZC 05- 01 ' The City Council of the City of Elk River does hereby ordain'as . follows: . ", . Section 1. The duly adopted ~oning Map of the City of Elk River is herepy amended to rezone the properj;ies described as: . EXHIBIT A' . , Barcel'#l is hereby r~zonedto 11, Light Industrial: . That part of fhe' ,Solfthwest Quarter of the SOZitheast Quarter of Section 11, Township 32, Range 26, Sherburne County, Minnesota which lies Southwesterly of the fol- lowing described line: Commencing at the Southwest corner 0/ sa,id Southwest Qua,rter of the Southeast Quarter;' thence North 01 degrees 34 minutes, 22 seconds East an a:isumed bear- ing along the West lin~ of said Southwest Qllqrter of the Southeast Quarter' a, distance of 1313. 37 feet 'to th'e Northwestcorr ner of said Southwest Qua,rterof the SOlltheast Quarter being the point of beginning of the . line to be hereinafter described;" thence South 29 degrees 02 min!ltes 32 seconds Eas{a distance of 971.98 feet, to the intersection 'with. the North line of the Soutl,t 46ROO feet of said Southwest Quarter orthe Southeast Qua,rter and said line there terminat~ng. . EXCept the South 468.00 fe!!t of said Southwest Quarter of the SO!ltheast Q/.la,rter. . Parcel #4 is hereby rezoned to 11, Light Industrial: . That part of the following tracts dflanq.:' . " '. ,Lots 1, 2, 3 anq. 4, ~lock 18, Village of Elk River according to said plat on. file and of record. in' the office of the County Recorder, Sherburne 'County, Minnesota except said Lot 1, Block 18, . Together with: The South Half of the vqcated portion' of 2nd Street abutting the North line of said 'Lot 1, Together with: The South 721.50 feet of Lot 1~, AUDITORS' SUBDIVISION I NUMBER 4, according to said ! ma,p on file and of record in the office of the County Recorder, said County, .' . Tpgether with: . The South 721.$()teNfi~ West 86.00 feet of the So si Quaifter of the s.outheast Quarter, '!bgethe,t with: Tha,t part of the ~af.i,t Ha.lfof vaCated 1!;vq.ns '.' Avenlle . '(fortrl!!rly Spring ~#reet) lyin[J North of the South line of the North 3~4.50 feet of the SOltth 721.fjO feet of the Southwest Quarter of the Southeast Quarter and lying Southerly of fol- lowing (lescribed line: . , Beginning at' the. Northeast , corner of the South Half of Lot I 6, Block i 7, said' Village of Elk River; thence Northeasterly to ter- minate at the Northwest corner of the Sou,th 374,50 feet oisaid Lot 12 except tlJ,e platqf VERNON ESTAT~S according to' said plat on file and of record in the office of the County I;lecorder, sqid' County, Together witM ' That part of 2nd Street between Block$17 and 18,'said Village of Elk . River' and Swing Street between State Street and a line joiriing the Northeast cprner of thl! SOIt/h HalfqfLot '6,; Block 17; said Village pf J,El~ River, and the Northwest (:omer of theSputh 374.5 feet of sa,id~ 1,2 abutt~ng the abqve natrll!d parCels, E%(:~pt the South Half of the vai;qted por- tion of 2nd Street abutting Lots 2. and 3, Block 18, said Vitlatie of ~lk River, Described as foll()ws: i . '. Comrn-enoingat thl! Northeast corner of S~ctiof! fl, T()wnsJ"ip 32, Raf!ge 26, Shi!rburne' (]qUnty, Minnesota; thl!nce North 89 degrees 29 minut(!s 07flecon,ds We~t qli qssumed bearif!galong the North U/JeQf t;a,id 'S~ction. 3 a distance, of 1195.97 feet to the point ofb~ginning()fthe ~qnd to be" descrtbed;thenc~ South 00 di!grees . 07 minutes 30 seconds East;then-ce South' 78. (}.eg~ees.13 mi,,:utet; 23 seconds West q distaru:e of 409.47 feet; thencl!' North. 34 dewe,es' 40 minute,s lJ$ seconds West p:r#stq.nce of 400.34 feet t9 sqid North line of Se~tion 8; thence North'27 qegrees 34 minutes 44 seccmds West a dis- tance 0(J66;22 feet; thence North 34 degrees 39 minut~s 38 seconds West adistqnce of 90. 62 feet; thence . North 01 degrees 10 m~nlltes 53 sliconds West 'q dit;tan~e' of 90.42 feet; thence 89 degrees 55 minutes 54 seconds West a distance OTbo.1f/J feet; thence South 01 tjegrees 10 minutes 53 seconds~ast a dis- tance of 2L59 feet; the,nce South 88 degrees 49 minutes' 07 fle~onds- West a distance of 63.77 feetrthen!,:" South 89 degrees 29 minutes 07 seconds.Ea,st a distance of 566.66 feet; thence f;Jouth' 00 d!!grees .03 minutes 54 seconds' East a dis- tanceof 292.01lf.eet) then'ce: South '89 degrees 29'minutl!s' 15 se~onds Ea$ta distance. of 63.97 feet t9 the p9int of beginning , , Parcel.#5 is hereb,y rezoned t9 C4, Community C9mmerciali .,', Lots 1,' 2, f1<nd 3 of AUDfl'ORS '. SUBDIVISJCW OF LQT 6 . OF ' AUDITORS SUBDIVISION NUMBEQ, 3,accorfling to said map on file and of rec9rd in the office of the. CQrtnty ReOQrder,Sherburne COllnty; 'Minnesotq,'" And also: Lots a'ifld APDIT. ," "." "" ~i:l plqt on 'fileqf!' of'recq.'tn..the office of the C()uhty Recorder; $aid SherbWf!e COYnty. , ....,. .' Parcel. #7 is herelJ.:x re,?o,neq.i() 11; Light lrwustrial;. " ,0'" " , Lots) and2,Blcxik1; 'ALCFJ CENl'ER ADDITlON,a,C;QPrcltng tO$a~d:plqt on file mi4,_9f record in the office of the Courity Recorder, . Sherbume C()un,ty, Minrlfs?ta; And also:'" :. ," , I ..' , , Thqt part,ot the follopfT1;ltractfl of land: ,". . .'. ., . The Northeast 'Q!larter of the NorthiveEit. Qu'a,rterof Section 15, '.Township~3,Rang~ 261 Sherburne County, Mmnesota,' The Northwest 'Quarter of the Northeast' Quarter of said Section 15,' The, Southwest .. Quarter. oftfte Northeast-Quarter of' said Section 15, described as follows:' ',' . .~' . Commencing'at the Northi,Vest comer of. the f'lqrthwest.Qy.Q.rter of said, 'Sl!ction - 15, . thence North 89 d~grees ,47 nifnutes 29 seconds West, 'an assumed beqrif!g along the North lin~-.of said'Northlpest Quarter,'(i distarwe of 1648.92 feet; thence South 00 degrees' 15 min- utes 13 seconds"West . a' distance of 3:}.00 feet' t~ the point of begin- ning; thence' South 00 degrees' 15 mihutell 13 seconds' -West adis- tance of 1284.97 feet to a poillt on the North line, of the . Southeast. Quarter of the Northeast Quarter of said $eci~on 15;' thenc;e North 89 degrees fj9 minutes 27 secoridsEast along said North line a l1istan91! of 990.81 feet to the,Northeast corner of said Southl!ast Quarter of the -. Northwest Quqrter; th~nce South 00 degree$ 10 minutesJ7 seconds West a distance of 1314.2o.feet to the , SOl1theast corner of said Southei:LSt Quarter of the Northwest Qr.iarter; thef!ce North 88 de,grees49 min- utes. 14 seconds East q distance' of 760.77 feet along the, South line 'of said Southwest Quarter of the Northeast Quarter to the Westerly rigMof-way line of US. Highway No. ,169; thenc~ Northwesterly a d(stancl!p[ 1145.94 feet along a curve COf!cave to the SOltthwest said curve being the Westerly right- of-Wqy line of said U.S. Highway N9. 169, riot tqngent t() the last described line,having a radil1s of 1834.86 feet,q central angle of 35 degrees 47 minutes 00 seconds and the chord of said curve.bearsNorth 17 degrees 53 minutes 30 se(:onds West; then-ce North 35 tjegree$ .47 minutes 00 secpnds,West cimtinu- ing along 'said Westerl:x right-of- way of U.S,Highwqy N().169, tan- ;gentto S(l.~d cunVa; aclistance of 699,98' fe,et; thlince' Northwesterly a distance of 939.69 along a curve concave to the Northeast, not tan- gent to the lqst describeq. line, said curve bein,g flaid Wester0' ,right-of- wax 'line 'of W$. Highway 'No. 169~ halfing radills of J.977.27 feet" a central angle of27 degrees 18min- utes 46 seconds. and the chord of said Clf,rVe bears;North25 degrees 29 minutet; 05 lJecon(1s West; thence North' 50 degrees 38 minutes 57 seconds West, not tangent to the last ,described . curve, along said WeiJtf!rly rtghtr(!)f.U!a,"~i"eof" U.S. '. fftghw9)'IVQ;16f1,4, (Jifltp,ni;~of' . 158.'95rf!fit,t~~fI<q~N(m1i61degrel!s 114 minu(@$.:s1(J'IIfl,I,Jf:mdli, Wellt I,JQP.' tin,uirtg,ff, ' '$fi1!J4 W~8terly right of wf},y at ;ig'iJ,ivp.y No. 1 tl9, a distance of 0.84 feet; thence North 89 degrees 47 miil.utes29 sec9nds West a distance of4t12:67feet tp the point pfbeginning. " -..". . That 'part of Proctor Avenue (CSAH. No.1) . as . dedicated on said ALCE CENTER ADDITION 'that lies NOrtherly, Westerly and Southerly pf I the following descrip'ed line! ' .." IJ~ginrt(ng I1,t tlie Southeast COr- nero! said, 'Lot. 2; then,oe"Notth 89 deg'ree8U'!1-inuies 36 se~onds East, on an assumed bearing along the Easterljy extension 'of the South line or said Lot 2 a dif!tCfnceof 24.94{eet;thlince.North 00 degrees 48 mznutes 57 seconds ; East a distance, of 100.(J5: feet;, thence Northerly a distance of 359.08 feet . along a CUrve ,not tangent t~ the last described line, said curve hew- ing a ra~ius' of 1146.61 fee~, a cen.- tral angle of 17 degrees5~trlinutes 35 seconds and the chord' of said curve beqrsNorth _ 1~~"degrel!s 11 minutes' 28 seconds. West; thence' South 88, degrees 28 TfLinutes 46 seconds West; not tangent to the last described, curve, a distance of HA2 feet to the . Northeast corner of said Lot- 2 and said line there terminating. '. ,.' Parcel # 9, is hereby rezOned to R16 Sirtgle Family Residential: That part of.the following tracts of land: ",.' . The' Northeast' Quarter of the Northwest Quarter of ,section 15, Thwliship 33, Range 26, Sherburne County, Minnesota, , ' . . The Northwest Quartet: of .the Northeast Quarter of said Section , 15 The Southwest Quarter of the N~rtheas't. Quarter of said Section 15; describ~d as follows: Commencing at the Northwest comer of the Northwest Quarter of said SeCtion 15, thence. North '89.degrees 47 minUtes 29,seconds West an assumed. bearing along 'the North line of said Northwest Quarter, a distance of 1648.92fe~t; thence South '00 degrees 15 mln- utes 13 seconds West. a distance of 33.00 feet to the point of begin- ning; thence South 00 degrees 1.5 minutes 13 seconds West a dIS- tance of 1284.97 {eetto a pc:int on the North line flf the Southeast Quarter of the .Northeast Quarter of said Section 15; thenceNorth 89 degrees 59 minutes 27 seconds East along said North line 'a distance of 990.81 feet to the Northeast corner of said SoutheaSt Quarteraf the Northwest Quarter; thence South 00 degrees 10 minutes 17 second$ West a distance of 1314.20feet to the SoutheaSt corner of said Southeast Quarter of the Northwest Quarter; . thence North 88 degrees 49 min- utes 14 seconds East a distancli of 76,0.77 feet along the South line of. said' Southwest Quarter of the Northeast Quarter to the Westerly right-of-way line of us. Highway No. 169; thence', Northweste~ly a distance of 1145.94 feet along a curve.' concaue , t(jtheSouthwest ,,;S4iiJ'Gujiv~ beinii ilie: Weste"lyright- of-Way line of said.' US, Highway No. 169, hot. tangent to the last described. ,line,hauing a rad.ius of 1834.86 feet,a' centratangle of 35 degree's47 fninzt,tlls 00 seconds and the chord Qfsaid curve bears North 1'7degreesq3 minutl!s30. seconds West; thence North 35 degrees 4.7 minutes DO seconds West continu- ing, along" said . Westerly right-of- uJayof US. Jlighwa'y No. 169, tan- geld' to' said curve, a' distance of 699.98, feet; thence Northwesterly a'distd&e of 939.6fJ along a curVe . concave' to the Northeast, not tan- gent to the last des9,ribed line, said curve being said Westerly right-of- Ipay Uneof US.H:;ighway No. 169, hapingfadius of. J.977.27 feet, a central angle of 27 degrees 13 min- utes 46 seconds' and the chord of said curve bears Notth 25 degrees 29'minutes 05 seconds West; thence North 50 degrees 38 m~nutes 57 s.econds West, not tangent to the la~t described curve, along sa,id- Westerly right-of-way line of. U.S. Highway' No. 169 a distance' of 158.05 feet, thence North 61 degrees 14 minutes' 33 seconds, Westcon- tinuing dlongsaid Westerly right of way of US Highway No. 169, a distance of 0.84 feet; thence Nprth 89 degrees 47 minutes 29 seconds Westa distance of 462.67 feet tothe point of beginning. . Arid 'those parcels lying east of Highway 169, south of 213th Avenue;, west, of' the City's, east- erlyboundqry.tmd north of County Road 33, " Together with thoseprircels. lying west :of County Road 77, south of 213thAvenue and north of County Road 33. ,..' , Section 2, The rezoning i~being approved based on the following finllings: . .' , " , 1. THE ZONE CHANGE WILL BE qONSISTENT' WITH THE LANDljSEMAP.' . , 2. THE ZONE CHANGE WILL NOT ADVERSELY IMPACT ADJACENT PARCELS. 3. THE ZONE CHANGES PROMOTE THE VISION STATED WITHIN THE CITY'S COMPREHENSIVE PLAN. Section a.That this Ordinance shall take effect and be in full force'from and after the date of its publication. ,... Passed and adopted this 20th day of June,2005, by the City Council of the City of Elk River: Stephanie A. Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk (.T" 1)0\