94-004 ORD
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ORDINANCE 94 - ~
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING
MAP TO ZONE CERTAIN PROPERTY FROM I-1/LIGHT
INDUSTRIAL TO R-3/TOWNHOUSEIMULTI-FAMILY RESIDENTIAL
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 zone the property described as:
See Attached Exhibit A
from 1-11 Light Industrial to R-3/TownhouselMulti-Family Residential.
Section 2. That this Ordinance shall take effect and be in full force
from and after the date of its publication.
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PASSED AND ADOPTED by the Elk River City Council this 2nd day
of May, 1994.
~ ....?l_ fl~
He~ Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
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EXHIBIT "A"
75-402-0160
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AUDITORS NO.3
LOT 16 EX THAT PT DES IN INST 144465 & EX THAT PT LYING W OF LINE "D" AS DES IN INST
157145 SECT:33 TWP: 33 RANG:26
75-402-0162
AUDITORS NO.3
THAT PT OF LOT 16 DESC IN INST 144465 & 201178 SECT:33 TWP:33 RANG:26
75-128-3205
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THAT PT OF SW 1-4 OF SW 1-4 LYING N OF MEADOWVALE RD & LYING S OF RR R OF W,
LYING E OF E LINE OF TRACT DES IN INST 157145 & LYING W OF A TRACT DES IN INST
144465 EX ALL THAT PART OF LOT 16, AUDITORS SUED. 3; & OF THE SW 1.4 OF THE SW 1-4
OF SECT 28 DESC AS COM:M AT THE SE COR OF SAID SW 1-4 OF THE SW 1-4; THENCE ON AN
ASSUMED BEARING OF S 89 DEG 39 MIN 42 SEC W ALONG THE S LINE OF SAID SW 1.4 OF
THE SW 1-4 FOR 217.56 FT; THENCE S 32 DEG 52 MIN 33 SEC W FOR 148.55 FT TO INTERSECT
THE SWLY LINE OF SAID LOT 16, ALSO BEING THE NELY LINE OF THE RIGHT OF WAY OF
MEADOWVALE RD (ALSO KNOWN AS CO RD 44); THENCE RETURN N 32 DEG 52 MIN 33 SEC E,
SAID LINE TO BE HEREAFTER KNOWN AS LINE "E" FOR THE PURPOSES OF THIS DESC, FOR
200 FT; THENCE N 25 DEG 39 MIN 20 SEC W'FOR 150 FT TO A PT TO BE HEREAFTER KNOWN
AS PT "C" FOR THE PURPOSES OF THIS DESC; THENCE S 32 DEG 52 MIN 33 SEC W, PARA
WITH SAID LINE "E", FOR 286.84 FT TO INTERSECT SAID SWLY LINE OF LOT 16, SAID PT OF
INTERSECTION ALSO BEING THE ACT PT OF BEG OF THE LAND TO BE HEREBY DESC;
THENCE RETURN N 32 DEG 52 MIN 33 SEC E FOR 286.84 FT TO SAID PT "C"; THENCE N 0 DEG
19 MIN 15 SEC W FOR 56 FT TO A PT TO BE HEREAFTER KNOWN AS PT "F" FOR THE
PURPOSES OF THIS DESC; THENCE S 89 DEG 39 MIN 42 SEC W PARA WITH SAID S LINE OF
THE SW 1-4 OF THE SW 1-4 FOR 181.38 FT, MORE OR LESS, TO INTERSECT A LINE 163.47 FT
SELY OF, AS MEAS AT RIGHT ANGLES TO THE ELY LIl\TE OF THE DULY RECORDED PLAT OF
MCCHESNEY INDUSTRIAL PARK; THENCE S 14 DEG 09 MIN 41 SEC W PARA WITH SAID ELY
LINE OF MCCHESNEY INDUSTRIAL PARK FOR 258.62 FT TO INTERSECT SAID SWLY LINE OF
LOT 16, AUDITORS SUBD 3; THENCE SELY ALONG SAID SWLY LINE OF LOT 16, ALSO BEING
SAID RIGHT OF WAY OF MEADOWVALE RD, & A CURVE CONCAVE TO THE SW RADIUS 2844
FT, FOR A CENTRAL ANGLE OF 2 DEG 00 MIN 52 SEC & LENGTH 100 FT, MORE OR LESS, TO
THE PT OF BEG. SECT:28 TWP:33 RANG:26 ACRES:.57
75-128-3206
CERIFAA THAT PT OF SW 1-4 OF SW 1.4 DESC IN INST 144465: ALL THAT PT OF LOT 16,
AUDITOR'S SUED #3, VILLAGE OF E R & OF THE SW 1-4 OF SW 1.4 DESC AS COM AT THE SE
COR OF SAID SW 1.4 OF SW 1-4; THENCE S 89 DEG 39 MIN 42 SEC W, ASSUMED BEARING,
ALONG THE S LINE OF SAID SW 1-4 OF SW 1-4 FOR A DIST OF 217.56 FT; THENCE S 32 DEG 52
MIN 33 SECW A DIST OF 148.55 FT, MORE OR LESS, TO INTERSECT THE SW'LY LINE OF SAID
LOT 16, AUDITOR'S SUED #3, ALSO BEING THE NE'LY LINE OF THER OF W OF MEADOWVALE
RD (ALSO KNOWN AS CR 44), SAID PT OF INTERSECTION BEING THE ACTUAL PT OF BEG OF
THE PROPERTY TO BE HEREBY DESC: THENCE N 32 DEG 52 MIN 33 SEC E A DIST OF 200 FT;
THENCE N 25 DEG 39 MIN 20 SEC W A DIST OF 150 FT; THENCE N 0 DEG 19 MIN 15 SEC W A
DIST OF 568 FT, MORE OR LESS, TO INTERSECT THE S'LY LINE OF THE R OF W OF THE
BURLINGTON NORTHERN, INC, A RAILWAY; THENCE SE'LY ALONG SAID RAILROAD RIGHT
OF WAY A DIST OF 300 FT, MORE OR LESS TO INTERSECT THE E LINE OF SAID SW 1.4 OF
THE SW 1-4 OF SEC 28; THENCE S'LY ALONG SAID E LINE OF THE SW 1-4 OF SW 1.4 & ALONG
THE E LINE OF SAID LOT 16, AUDITOR'S SUED #3 TO THE SE COR OF SAID LOT 16, BEING A
PT ON SAID NE'LY LINE OF THE R OF W OF MEADOWVALE RD; THENCE NW'LY ALONG SAID
NE'LY LINE OF THE R OF W OF MEADOWVALE RD A DIST OF 353 FT; MORE OR LESS, TO THE
PT OF BEG SECT:28 TWP:33 RANG:26 ACRES: 4.00
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Mfidavit of Publication
Hi',ORDINANC
'.V') " CITY OF ELK'
AN ORDINANCE '
,OITYOF' E
'''l'O ZONE ,ROPE~'fY
t}i.lROMI- !ALTOR-
3/TOWNHQUSEIMUL,TI-F AMIL Y
':RESlDENTIAL ' , ' . .
"LTheCity CouncH.of tpl;'l CitYQf Elk
., ~iver do~s l}er(lby orda~ 'I;ls foUows;,
Sec.tionr: The duly' ~dopted Zonmg
: iMap of the City of Elk liUver is hereby
".amended to zone the property described
';as: >'.
Exhibit "A":
1''15.462-0160
',AUDlTORSNO.3 ',., . ,'.
'n LOT16'EX THAT PT1f)ESIN INST
144465 & EX THAT PTLYING W OF
JUNE'"D~XsDESINI1NST 157145
"SECT,33TWP: 33 RAN~:26 .
i,1l5-402-0162 i
, AUDITOR:;; NO.3 'i~ "
hj,', THAT PTOF WT 16 DESC IN INST
,14'4465 & 201178 SEdT:33 TWP,'33
';[lANG:26" I" ",!
,'75-128.~205"" ,,"; . ,.' .
:'rf.THATPTOFSWl:4 'OFSW 1-4LY-
iING N OF MEADOWVALE RD & LY-
'iNGS OF RR ROF W,L.YINQ E OF E
UN OFTRACTDESIN INST 157145
, '1ll:' ..ATAACP,DES IN,
IN$ cfi!ATPARTOF
LO, , ' 'll$ STYBD. 3,: & OF
THJ!,S 1.4QFTHESWI-40FSECT
28 DE ' COMMAT THESE COR
OF"S w,i:4 OF rHE SW 1-4;
'ifJ!HJj:N<. . 'AN, ASSUMED BEAR-
. JNG OFS 89 DE(} 3fJ MfN 42 SEC W
ALONG "illES LJNE OF1SAlD SWl-4
.()FTHE SW i"4 . FOR 217.56 FT;
. ('THENclt S 32 DEG 52 MIN 33 SEC W
FOR 148.55 FT TO INTllRSECTTHE
iSWLY I;;/NEOF,S,MD LbT16, ALSO
BEING THE NELY LWE OF THE
. ,RIGHT OF WAY OF MEADOWVALE
'RD (ALSO KNOWN, AS CO RD 44);
. THENCE RETURN N 32 DEG 52 MIN
3,3SEC EiSA/D UNE TO BE HERE-
. AF,TER KNOWN AS LINE "En FOR
THE PURPOSES',' lSDESC,FOR '
200FT; THENCE D~G39MIN 20
SEa WFOR 150 ro;APT TO BE
llEREAFTERKNOWN AS PT"cn FOR
THE PWRPOSES OF tHIS DESC;
THENOE S 32 DEG 52 MJN 33 SEC lV,
. BARA WITH SAlD UME "En, FOR
286; 84 FT!J'O INTERSECTSAIDSWLY
r:&?b;flJ~'l:f~&~~~~~Tf:r'
'OF,BEG OF1 .TH]jJ' LAHDTO BE
HijREBY DESC;THENCE RETURN
N 82 DEG 52 MIN 33SEC E FOR
28l#34 f:J' TO SAlD PT "t:"; 11lENCE
NO DEG 19 MIN 15 SEe W FoR 56 FT
TOA PT TOBEHEREAF1'ERKNOWN '
AS.PT"F" FOR THE PURPOSES OF
. TH[S DESC; THENCe s 89 DEG 39
(. ~ $EC W PARA WITH SAID S
OF'THESW 1"4 OF THE SW 1~4
. " 181.38 FT, MORE OR LESS, TO
i:rvrpRSECT A UNE 163.~7 FT SELY
OF;AS MEASAT RIOHT ANGLES TO
a~~ti];~t!J:fT oglft1gJf~X:fi
IN.IHISTRIAL p 'fjf~CES 14
. tJQ.G09 MIN 41;1i'ARA WITH
SNP ELY UN OFMfJCHESNEY
~;r(UM. .' :, EOn '258.62,;FT I
lill'lmti 'lMi;WhYo-HNE i
T. ,;q!F/~~y. ALbW:f:g~~tf .
UN]!, OF LOT 16, ALSO B']!;ING SAlD ;
lUqpr OF WAY 0 EJ\:QQWVALE:
IlDii&A-CtJk h_' 'lJif/jfTcITHE'
SW'RADIUS2 ,,' FOR A CEN-
TR:AL ANGLE OF EG 00 MIN 52
SEe & LENG11l100 FT, MORE OR
LESS, TO THE PT OF BEG. S1';C1':28
TWP~3RANG~6ACRES~57
75.1:1:28-3206 '.
. 'CERIFAA THAT PT OFSW 1-4 OF
, SW J-4 DESC IN INST 144465: ALL
THAT PT OF LOT 16, AUDITOR'S
SUB,]) #3, VIL4AGEOF ER & QFTHE
SWJ-4 OF SW 1~4 DESC AS COM AT
THJJ)SE COR OFSAlD SW 1-4 OF SW
lc4; 'fHENCE $ 89 DEG 39 MIN 42
SEClV,ASSUMEDBEARING,ALONG
THESLINBOFSAIDSW 1-4 OFSW 1-
4FaRAD/STOF217.56FT;THENCE
S 32l)EG52 MIN 33SECW AD/STOF
148;55 F, OR]jJ OR LESS, TO IN-
TER.8ECT SWLYLlNEOFSAID
W1'.16, AUD,ITOR'S SlIBD #3, ALSO
BEING. THE NE'LY LINE OF THER
OF,-W'OF MEADOWVALE RD (ALSO
KN(!)WN AS CR 44), SAID PT OF IN-
TERSECTIONBEING THE ACTUAL
PT OF BEG OF THE PROPERTY TO
BE HEREBY DESC: THENCE N 32
STATE OF MINNESOTA
)ss.
COUNTY OF SHERBURNE)
.
~OV\ ~ .
being duly sworn, on oath says tha he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the Jacts 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 ()AJ~~ Cftf-4
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for 1 :JJi:C-
cessive weeks; it was first published on Wednesday, the (I-Y
day of ~ ' 19.3.g., and was thereafter
printed and published on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy ofthe lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind oftype used in the composition and publication of the
notice.
a bed e fg h ij k 1 ill n 0 p q r s t u v w x y z
BY: '~Vh (J,,~~
TITLE: ' .
Subscribed and sworn to before me on this I rcl day of
t~ ,1991-. _ _
e::!:J 'Y)I). 1(~
Notary Publi
RATEINFOR
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
ARY PUBU"- .. SKI
ANOKA ...-r;}INNESOTA
MY COMM/SS/O COUNTY
N EXPIRES 6-10-99
$ 17'). .50
;34.3~
$
1'3 Cj. !5<i
$
DEG52 MIN 33 SEC E A DisTOF 200
FT; THENCE N 25 DEG 39 MIN 20
SHaW A DISTOF150FT; THENCEN
ODEG 1~ MIN 15 SEC W A DIST OF
568'FT,:MORE OR LESS, TO INTER-
SECT THE S'LYLINEOFTHER OFW
OF THEBURLINGTONNORTHERN
INC~-A'RAlLWAY; THENCE SE'LY
ALONG SAID RAILROAD RIGHT OF
WA}" A DIST OF 300 FT, MORE OR
LESsro INTERSECT THE ELINE
OF'SAID SW 1-4 OF THE SW 1-4 OF
SEC28; THENCE S'LY ALONG SAlD
E UflEOF THE SW 1-4 OF SW 1-4 &
AUJNGTHE E LINE OF SAID LOT 16,
AU1)ITOR'SSUBD#3 TO THESE COR
OF SAID LOT 16, BEING A PT ON
SAll)NE'LYLINE OFTHE R OFWOF
MEA!DOWVALE RD; THENCE NWLY
ALONG. SAID NE'LY LINE OF THE R
OFW OFMEADOWVALE RD A DIST
OF,353 FT; MORE OR LESS, TO THE
PTOPBEG Sl?CT~8 TWP:33 RANG:26
AC/lJjS:4~00' " .... '., . '
frottl I-II Light Industrial to R-31
To,,-,~ouselMulti-Family'Residential.
. SectIon 2. That this Ordinance shall
take effec!; and be in full force from and
after the date ofits publication.
PASSED AND ADOPTED by the Elk
Rivel"City Council this 2nd day of May
1994. '. . '
\. c', Henry' A. Duitsman, Mayor
ATl'1!:ST:<" ,'.
SahdtaA. Thackeray, City Clerk '
. ,';; (Myll)