94-012 ORD
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ORDINANCE 94 - 12
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY TO ME
(MINERAL EXCAVATION OVERLAY)
CASE NO. ZC 94-09
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 property described as:
See Attached Exhibit A
Section 2. That this rezoning request is based on the following findings:
1.
The rezoning is consistent with the long range planning put forth in
the Environmental Impact Statement on mineral excavation. It is
also consistent , Section 910 (18) "Mineral Excavation Overlay
Zoning District", and Section 900.44 "Amendment Procedures" of
the City of Elk River Zoning Ordinance.
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2. The rezoning would help conserve property values by putting
surrounding property owners on notice of the intent of the
property owners within the mining district, to extract gravel. Also,
through the Conditional Use Permit process, other safeguards to
protect property values can be instituted.
3. The rezoning is consistent with the use the properties in question
are being devoted to at this time.
Section 3. 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 this 19th day of September, 1994, by the City Council of
the City of Elk River.
ATTEST:
~~ IJ~~
Sandra A. Thackeray, City Clerk &'
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,/iiegfy A. Duitsman, Mayor
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EXHIBIT A
MINERAL EXCAVATION
ZC-94-09
******************
SEe 2, T33, R26
* 75-102-3401 TOTH, RICHARD-TRUSTE c/o ERNEST TOTH
S 1-2 OF SW 1-4
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SEe 3, T33, R26
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* 75-103-2100 ELK RIVER LANDFILL
N 1-2 OF NW 1-4 W OF HWY 169 EX 650 FT
* 75-103-2105 ELK RIVER LANDFILL
E 445 FT OF NE 1-4 OF NW 1-4 W OF
HWYEX N 470 & EX S 33 FT
* 75-103-2110 TOTH, JOHN & FRANCES
N 470 FT OF E 650 FT OF N 1/2 OF
NW 1/4 LYING W OF HWY 169 & S 33 FT OF E
650 FT OF N 1/2 OF NW 1/4 LYING W OF HWY
169 AS MEAS ALONG N LINE OF N 1/2 OF NW 1/4
* 75-103-2115 ELK RIVER LANDFILL
THAT PT OF N 1-2 OF NW 1-4 DES
INST 165074: THAT PT OF THE N 1-2 OF THE
NW 1-4 LYING E'LY OF THE FOLLOWING DESC
LINE: BEG AT A PT ON THE N LINE OF SAID
1-2 OF NW 1-4 A DIST OF 650 FT W OF THE
INTERSECTION OF SAID N LINE WITH THE W'L
LINE OF THE RIGHT- OF- WAY OF US HWY 169;
LEGAL-SRlBZ
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THENCE S PARA WITH THE W LINE OF SAID N
1-2 OF NW 1-4 TO INTERSECT THE S LINE OF
SAID N 1-2 OF NW 1.4 & THERE TERMINATING
EXCEPTING THEREFROM ALL THAT PT THEREOF
DESC AS THAT PT OF THE N 1-2 OF THE NW 1-4
DESC AS COM AT THE PT OF INTERSECTION OF
THE N LINE OF SAID N 1-2 OF NW 1-4 WITH
THE WLY LINE OF THE RIGHT- OF- WAY OF US
HWY 169; THENCE S'LY ALONG SAID RIGHT-OF-
WAY TO INTERSECT A LINE PARA WITH & 470 FT
S OF, AS MEAS AT RIGHT ANGLES TO, SAID
LINE OF THE N 1-2 OF THE NW 1-4; SAID PT
OF INTERSECTION BEING THE ACTUAL PT OF BEGINNING
OF THE LAND TO BE DESC; THENCE W ALONG
SAID PARA LINE A DIST OF 445 FT; THENCE
AT RIGHT ANGLES TO INTERSECT THE N LINE
THE S 33 FT OF SAID N 1-2 OF THE NW 1-4;
THENCE E ALONG SAID N LINE OF THE S 33 F
TO INTERSECT SAID W'LY LINE OF THE HWY
RIGHT-OF-WAY; THENCE N'LY ALONG SAID HWY
RIGHT-OF-WAY TO THE PT OF BEG
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* 75-103-2400 ELK RIVER LANDFILL
S 1-2 OF NW 1-4 W OF RD & N 525 FT OF W
1-2 OF SW 1-4
* 75-103-3200 TILLER CORPORATION
E 1-2 OF SW 1-4 LYING W OF US HWY 169 EX
NLY 525 FT & W 1-2 OF SW 1-4 EX N 525 FT
THEREOF.
* 75-103-4200 TOTH, ERNEST J & DOR
E 1-2 OF SW 1.4 LYING E OF US HWY
169 & EX DOC NO 225759.
* 75-103-4201 TOTH, RICHARD-TRUSTEE CIO ERNEST TOTH
W 1-2 OF SE 1-4 OF SE 1-4 & W 1-2
OF SE 1-4 EX ROAD EASEMENTS.
e * 75-103-4202 TOTH, RICHARD-TRUSTEE CIO ERNEST TOTH
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E 1-2 OF SE 1-4 OF SE 1-4.
SEC 4, T33, R26
* 75-104-1101 TILLER CORPORATION
NE 1-4 OF SE 1-4 LYING E OF RR R OF W EX
N 525 FT.
* 75-104-4400 BURY, RICHARD B.
SE 1-4 OF SE 1-4 EX RY R OF W
SEe 9, T33, R26
* 75-109-1100 BURY, RICHARD B.
E 3-4 OF E 1-2 OF NE 1-4
* 75-109-1105 BURY, RICHARD B.
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W 1-4 OFE 1-2 OF NE 1-4, NW 1-4 OF NE 1-4
E OF RY & SW 1-4 OF NE 1-4 E OF RY
* 75-109-3400 JL SHIELY CO
SE 1-4 OF SW 1-4 E OF RR
* 75-109-4100 JL SHIEL Y CO
NE 1-4 OF SE 1-4
* 75-109-4200 JL SHIELY CO
W 1-2 OF SE 1-4 E OF RR
* 75-109-4400
SE 1-4 OF SE 1-4
SEC 10, T33, R26
* 75-110-1400 EGAN, ANTOINETTE M
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S 1-2 OF SW 1-4 OF NE 1-4
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* 75-110-1401 TEGAN, INC
S 1-2 OF NE 1-4 EX S 1-2 OF SW 1-4
OF NE 1-4
* 75-110-2101 HORVATH, BARNEY & EL
N 1-2 OF NW 1-4 & N 1-2 OF S 1-2 OF
NW 1-4 LYING W OF HWY 169 AND LYING S OF N
1121.92 FT & LYING E OF W 1017.60 FT
* 75-110-2102 CS MCCROSSAN, INC
W 1017.60 FT OF FOLLOWING DESC
PARCEL: N 1-2 OF NW 1-4 & N 1-2 OF S 1-2 OF
NW 1-4 W OF HWY 169 EXCEPTING
THEREFROM THE N 1121.92 FT E OF THE W
965.8 FT THEREOF.
* 75-110-2200 TILLER CORPORATION
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N 1121.92 FT OF NW 1-4 E OF W
965.8 FT & W OF HWY
* 75-110-2410 TEGAN, INC.
S 787.4FT OF N 999.4FT OF THAT PT OF SE
1-4 OF NW 1-4 LYING E OF HWY 169
* 75-110-2415 NEMETH, JULIUS & MAR
INST 139018 S 1-2 OF S 1-2 OF NW
1-4 WOFRD
* 75-110-3100 NEMETH, JULIUS & MAR
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ALL THAT PART OF THE E 1-2 OF THE SW 1-4
OF SECT 10 DESC AS FOLLOWS: COMM AT THE N
COR OF THE SE 1-4 OF THE NW 1-4 OF SAID
SECT 10; THENCE S (ASSUMED BEARING) ALONG
EN & S 1-4 LINE OF SAID SECT 10 A DIST
2099.40 FT FOR PT OF BEG; THENCE CONT S
N SAID 1-4 LINE A DIST OF 547.81 FT; THE
E N 87 DEG 50 MIN 27 SEC W A DIST OF 4095
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FT TO THE ELY RIGHT-OF-WAY LINE OF HWY
169; THENCE N 08 DEG 46 MIN W ALONG SAID
RIGHT-OF-WAY LINE A DIST OF 362.60 FT; THENCE
EN 89 DEG 30 MIN E A DIST OF 66.69 FT;
THENCE N 08 DEG 46 MIN W A DIST OF 171.75;
THENCE N 89 DEG 30 MIN E A DIST OF 4233
FT TO THE PT OF BEG
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* 75-110-3105 PALMQUIST, K & KWATE
THAT PT OF E 1-2 OF SW 1-4 DES AS COM AT
NE COR THENCE S ALONG N & S QUARTER LINE
OF SECTION 10 A DIS OF 2647.21 FT FOR POB
THENCE N 87 DEG 50 MIN 27 SEC W 409.35 FT
TO ELY R OF W LINE OF HWY 169; THENCE S
08 DEG 46 MIN E ALONG R OF W LINE 215.59 FT
THENCE S 38 DEG 49 MIN 56 SEC E ALONG R OF
W LINE 230.71 FT; THENCE S 05 DEG 52 MIN
04 SEC E ALONG R OF W 837.16 FT; THENCE
SEL Y ALONG R OF W TO ITS INTERSECTION
WITH S LINE; THENCE ELY ALONG S LINE TO
QUARTER CORNER OF SECTION 10, THENCE N
ALONG N & S QUARTER LINE TO POB. EX
THEREFROM THE SLY 750 FT OF SE 1-4 OF SW
1.4 WHICH LIES EL Y OF A LINE WHICH IS 66
FT ELY OF & PAR TO ELY R OF W LINE OF HW 169.
* 75-110-3110 NEMETH, JULIUS & MAR
INST 139018 N 1-2 OF SW 1.4 W OF HWY 169
* 75-110-3400 NEMETH, JULIUS & MAR
INST 139018 S 1-2 OF SW 1-4 W OF T H 169
* 75-110-4102 TEGAN, INC.
N 1-2 OF SE 1-4
SEe 11, T33, R26
* 75-111-2301 BARSODY, JOSEPH & G
e SW 1-4 OF NW 1-4
:
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* 75-111-3200 BARSODY, JOSEPH & G
NW 1-4 OF SW 1-4 EX E 300 FT OF S 100 FT
SEC 15, T33, R26
* 75-115-1000 LEMMON, DONALD & BET
NE 1-4 EX PT S OF CR & E OF HWY 169
& EX PTS SOLD
* 75-115-2200 PLAISTED, JOHN & CHR
W 1-2 OF W 1-2 OF SEC 15 EX E 415 FT OF S
2775.36 FT & EX W 400 FT OF E 815 FT OF S
493 FT
* 75-115-2205 PLAISTED, JOHN & CHR
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E 415 FT OF S 2775.36 FT OF W 1-2 OF W 1-2
EX S 520 FT OF E 375 FT OF SW 1-4 OF SW
1-4 SUBJ TO CO RD ACROSS S 33 FT
* 75-115-2401 PLAISTED, JOHN & CHR
SE 1-4 OF NW 1-4 EX NE 1-4 OF SE 1-4 OF NW 1-4
* 75-115-3100 PLAISTED, JOHN & CHR
NE 1-4 OF SW 1-4
* 75-115-3400 PLAISTED, JOHN & CHR
SE 1-4 OF SW 1-4 EX W 890 FT OF
S 734.05 FT THEREOF.
* 75-115-3401 SHIELY MASONRY PRODUCTS
W 890 FT OF S 734.05 FT OF SE 1-4
OF SW 1-4. SUB TO R OF W OF CO RD 33
OVER S SIDE THEREOF.
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* 75-115-4200 PLAISTED, JOHN & CHR
SE 1-4 EX 7.88 AC HWY & EX PT SOLD & EX
927.15 FT OF SW 1-4 OF SE 1-4 WLY OF R 0
W OF HWY 169.
* 75-115-4300 PALF CO
S 927.15 FT OF SW 1-4 OF SE 1-4 LYING WL
OF R OF W OF HWY 169 SUB TO R OF W OF C RD 33
SEe 16, T33, R26
. * 75-116-1100 JL SHIELY CO
INST 138989 E 1-2 OF NE 1-4 EX E
435.6FT OF S 100FT
* 75-116-1105 ROTZ, MICHAEL & SANDRA
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E 435.6 FT OF S 1000 FT OF NE 1-4 OF NE 1-4 EX S 400 FT
* 75-116-1106 ROTZ, MIKE S & IRENE
S 400 FT OF E 435.6 FT OF S 1000 FT OF NE
1-4 OF NE 1-4
* 75-116-1200 JL SHIELY CO
W 1-2 OF NE 1-4
* 75-116-2100 JL SHIELY CO
Wl-2EOFRR
* 75-116-4100 JL SHIELY CO
INST 139899: THE E 1-2 OF SE 1-4
THE W 1-2 OF SE 1-4 OF SEC 16, LESS & EX
A TRACT IN THE SE COR OF THE SE 1-4 OF THE
SE 1-4 OF SAID SEC 16, WHICH EXCEPTED
TRACT MEASURES 660 FT BY 660 FT & INCL THE
e FARMSTEAD BUILDINGS & RESIDENCE OF THE
SELLER, & LESS ALSO RIGHT-OF-WAY FOR
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PUBLIC RD PURPOSES AS NOW EXISTING &
TRAVELLED.
* 75-116-4200 JL SHIELY CO
W 1-2 OF SE 1-4
SEe 21, T33, R26
* 75-121-1100 BARTON SAND & GRAVEL
E 1-2 OF NE 1-4 EX N 565.71FT OF E 385F
* 75-121-1110 BARTON SAND & GRAVEL
S 320.71FT OF N 565.71FT OF E 385FT
OF NE 1-4 OF NE 1-4
* 75-121-1200 JL SHIELY CO
W 1-2 OF NE 1-4
-
* 75-121-2000 JL SHIELY CO
NW 1-4 LYING E OF G NRYR OFW
* 75-121-3100 JL SHIELY CO.
N 1-2 OF SW 1-4
* 75-121-4200 JL SHIEL Y CO.
NW 1-4 OF SE 1-4
SEe 22, T33, R26
* 75-122-1205 TILLER CORPORATION
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E 1-2 OF NW 1-4, NE 1-4 W OF HWY 169 EX
THAT PART OF THE N 1-2 OF SECT 22 DESC AS
FOLLOWS: BEG AT A PT ON THE S LINE OF SAID
N 1-2 DIST 2046.43 FT ELY ALONG SAID S LINE
FROM THE SE COR OF SAID N 1-2; THENCE N
o DEG 38 MIN 05 SEC W, ASSUMED BEARING,
PER PENDICULAR TO SAID S LINE 765 FT; THENCE
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89 DEG 21 MIN 55 SEC E PARA WITH SAID S
LINE 878.34 FT TO THE INTERSECTION WITH THE
WLY LINE OF HWY 169; THENCE S 4 DEG 13 MIN
N 36 SEC W ALONG SAID WLY LINE 767.76 FT
TO ITS INTERSECTION WITH SAID S LINE; THENCE
E S 89 DEG 21 MIN 55 SEC W ALONG SAID S LINE
813.27 FT TO THE PT OF BEG EX DOC NO 2228.
* 75-122-2200 MALMSTROM, ALVERTTA
W 1-2 OF NW 1-4
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CITY OF ELK RIVER
CITY COUNCIL
RESOLUTION NO. 94-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK
RIVER APPROVING THE OFFICIAL SUMMARY OF ORDINANCE
NO. 94-12, AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY TO ME
(MINERAL EXCAVATION OVERLAY)
.
The City Council of the City of Elk River, by four-fifths (4/5) vote of its
members, hereby finds that the Official Summary of Ordinance No. 94-12, an
Ordinance Amending the City of Elk River Zoning Map to rezone certain
property to ME (Mineral Excavation Overlay), will clearly inform the public
of the intent and affect of Ordinance No. 94-12; and therefore directs that the
Official Summary attached to this Resolution be published in lieu of
publication of the complete ordinance.
Passed and adopted by the City Council of the City of Elk River this 10th
day of October, 1994.
/Henry A. Duitsman, Mayor
ATTEST:
.
Sandra A. Thackeray, City Clerk
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
being duly sworn, on oath ays that helshe 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 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)Theprlnted O~ 0~=
which is attached was cut from the columns of said newppaper,
and was printed and published once each week, for ( suc-
cessive weeks; it was first published on Wednesday, the dlJ-t!:I,
day of Od-e-&-ruv , 19~, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the _ day of , 19_;
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.
Subscribed and sworn to before me on this
() (1:i:vt J</'\) , 195L!:L.
(} .. ~ .
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A OrdinanCe Na. 94-12. This sum.
mary .of Exhibit A iQcludes a list .of the
sections in which land was rezoned.
Co~ies afOrdinanceNa. 94-12, includ. .
ing Exhibit A, the complete legal de-
scription .of all land, .-ezoned, are avail.
able far inspectian dUring regular .office
haurs at City Hall.
ORDINANCE 94.12
CITY OF ELK RIVER .
AN ORDINANCE AMENDING
THE CITY OF ELK RIVER
I ZONING MAP TO REZONE
II' CERTAIN PROPl!;R1'Y TO ME
(MINERAL EXCAVATION
'I . OVERLAY)
'CASE NO. ZC.94-C)9'
The City Cauncil of ~h~ City .of Elk
, River .does hereby ordain as follaws: .
I Sec$io. 1. The duly adopteclZoning
I Map of the City 'of Elk River is hereby
I ~nded.to rezone the property ,de-
,I o~iAL SUMMARy OF EXHIBIT
, A TO OIU>INANCE NO. 94-12
I Sections in which land is rezaned to
Mine~ Excavatian (ME) Oyerlay Zon-
ing District: .'
I Sec#Q", 2, Township 33, RaTige 26,
I Sherbume.Caunty; Section 3, Township
! 33, Baillie 26, S~rburne Counf:y; Sec-
tion.4, Township 33, Ra1lge 26,
Sherburne County; Sectiorf 9, TOfJ)Mhip
33, Baillie 26, Sherburne Counf:y; Sec-
tion 10, Township 39, Range 26,
Sherfr4rne County; Section 11, Town-
; ship 39, IlanRe 26, Sherburne County;
i Sectiq", 16, 1J'o'wn"hip 33, BaIllIe 26,
i Sherli~roB ,Cpunf:y; S/Wtion 16, Town-
I ship lI3, JWt,gB 2l?, Sherburne CQUnty;
I' Sect(Q~ ~1, TowlfBh~p ~3, Ralllle 26,
SherlllfrpeCounty; Sec~ .22, Town-
I shi':pM;R~e26., Sher.b.ume C.o unty .
Sec~OD J. That this rezaIling request
is B' the fallawing tmdings:
! 1. ning is co~tent with the
Ilang pJarilljogpQt farth in the
IEn . allJripact stateJD8Dt an
min atiQD.."1ll> . consis-
ten 10(ll~ ralExi:ava.
tion oning ", ap.d Sec-
, tian res"
Ii ~:: j . Ordi-
~ rezaning would help conserve
property values by putting surrounding
properly .owners an natice .of the intent
.of the property owners within the min-
! ing ~tri~,_ ~ extract gravel. Also,
I through the Canditianal Use Permit
I process, athersaftl(JU&l'dsto protect prop- .
erty values can be instituted.
i 3. The rezoning is consistent with the
. use the properties in question are being
'I devated to at this time. ". .
Seelio. 3. That this Ordinance shall
take effect and be ~full farCe from and
after the date .of its publicatian.
. Passed and adapted this 19th. day .of
~ptember, 1994, by~he City Cauncil .of
the City .of Elk River. .
(0ct26)
a bed e f g h ij k 1 m n~ p q r s t u v w x y z
:u:B~~
~
Notary Pub!'
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~ (0 - dayof
RATE INFO
(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
I
MINNESOTA
ANOKA COUNTY
NAY COMMISSION EXPIRES 6-tll-99
$ 100,00
$ ~1YJI '10
$ ~'7 ,{,;o