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83-005 ORD l\A1'6'l""lfiL" 4 . ,(' ,f~JJl. J, ORDINANCE 83-5 AN ORDINANCE AMENDING SECTION 1008.26 - RESTRICTIONS ON FILING AND RECORDING CONVEYANCES OF THE CITY'S SUBDIVISION ORDINANCE ...... The City Council of the City of Elk River does ordain as follows: Section 1. That Section 1008.26 of the City's Su~division Ordinance titled, "Restrictions on Filing and Recording Conveyances" be amended to read as follows: 1. No conveyance of land to which these subdivision regulations are applicable shall be filed or recorded if the land is described in the conveyanc.e: a. By metes and bounds; or b. By reference to an unapproved Registered Land Survey made after April 21, 1961; or c. By reference to an unapproved plat made after June 24, 1971, if the land is located in the Former Town of Elk River; or d. By reference to an unapproved plat made after December 7, 1970, if the land is located in the Former City of Elk River. 2. Section 1008.26(1) shall not apply to a conveyance if the land described: a. Is located in the Former Town of Elk River and was a separate parcel of record on June 24, 1971; or b. Is located in the Former City of Elk River and was a separate parcel of record on December 7, 1970; or c. Is located in the Former Town of Elk River and was the subject of a written agreement to convey entered into prior to June 24, 1971; or d. Is located in the Former City of Elk River and was the subject of a written agreement to convey entered into prior to December 7, 1970; or e. Was a separate parcel no less than two and one-half (2~) acres and one- hundred fifty (150) feet in width on January 1, 1966; or f. Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980; or 176761. Ordinance 83-5 Page Two g. Was a single parcel of connnercial or ~industrial land of not less than five (5) acres and having a width of not less than three-hundred (300) feet and its conveyance does not result in the separation or di- vision of the parcel into two (2) or more lots or parcels, anyone of which is less than five (5) acres or three-hundred (300) feet in width; or h. Is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five-hundred (500) feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, anyone of which is less than twenty (20) acres in area or five-hundred (500) feet in width. 3. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of these subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. 4. Any owner or agent of the owner of land who conveys a lot or a parcel in violation of the provisions of this Section 1008.26 shall forfeit and pay to the City a penalty of. not less than One-Hundred Dollars ($100.00) for each parcel so conveyed. The City may enjoin such conveyance or may recover penalty by a civil action in any court of competent jurisdiction. , SUCh) Section 2. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 21st day of March , 1983. CiZL~J)~ Richard Hinkle Mayor ATTEST: L OFFICE OF COUNTY RECORDER STATE OF MINNESOTA COUNTY OF SHERBURNE ~) .~~ V tL1A..~ f _ f ~ ~U/J<-L ~ ,I1~,,~~k- ~~ HEREBY CERTIFY THAT T'rlE WITHIN INSTRu- MENT WAS FILED IN THIS OFFICE FOR RECORD ~~DaJ--"'. //..d, /PP.':J -t.:h 9...~~ ~ RECORDED IN SAID OFFICE AS INSTRUMENT NO. 1767f;1 PAT RASMUSSON, 90UNTY RECORDER ~"'d.G..Aor~~ DEPU'lT J REC. BK lS:j IND. ~~ 7?/<, I AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) )SS COUNTYOFSHERBURNE) 5~ ~ ' bein~ duly sworn, on oath says he/she is and during all the times herein stated has been the ~ publisher and printer of the newspaper known as the Elk River Star News and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 per- cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (41 Said newspaper is circulated in and near the municIpality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three mon- ths in arrears and has entry as second-class matter in its local post office. (5) Said newspaper pur- ports to serve the City of Elk River in the County of Sherburne and it has its known office of issue in the City of Elk River in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (8) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form. prescribed by the Secretary and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He/she further states on oath that the printed nil t1) i..M..~ Q J ~ 3 ~ 5" hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for l successive weeks; that it was first so published on Thursday, the f-+:b .dayof ('Lf~ 19 ~ 3 and was thereafter printed and published on every Thursday to and including Thursday the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopqrstuvwxyz , < , ~~ ~^i , Subscribed and sworn to before me this l'd--' day of ~ 19 ~ -3 (Notarial Seal)