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ORD 22-09u fiver Ordinance 22 - 09 StAkediroughs to be removed Underlines to be added An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from Downtown District (DD) to Planned Unit Development (PUD) The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A to Planned Unit Development (PUD): SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. 2. The rezoning supports commercial development not otherwise allowed under strict application of the city's zoning ordinance. SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 18th day of April, 2022. ATTEST:, Tina Allard, City Clerk Last Updated January 2019 '44ayor POWERED 0V NAWRE Exhibit A PARCEL 1: gtiikedwetths to be removed Underlines to be added LOTS 11 AND 12, BLOCK 1, VILLAGE OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA ACCORDING TO THE DULY RECORDED PLAT THEREOF AND THOSE PARTS OF LOTS 9 AND 10, BLOCK 1, VILLAGE OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA, ACCORDING TO THE DULY RECORDED PLAT THEREOF, LYING SOUTHWESTERLY OF A LINE 50.00 FEET SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE "A": SAID LINE A BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SECTION 33, TOWNSHIP 33 NORTH, RANGE 26 WEST OF THE FOURTH PRINCIPAL MERIDIAN, DISTANT 1355.85 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE RUN EASTERLY AT AN ANGLE 92 DEGREES 07 MINUTES 00 SECONDS FROM SAID WEST SECTION LINE (MEASURED FROM SOUTH TO EAST) FOR 145.30 FEET; THENCE DEFLECT TO THE RIGHT ON A 3 DEGREE 00 MINUTE 00 SECOND CURVE (DELTA ANGLE 28 DEGREES 21 MINUTES 00 SECOND) FOR 945.00 FEET; THENCE ON A TANGENT TO SAID CURVE FOR 1195 FEET; THENCE DEFLECT TO THE LEFT ON A 3 DEGREE 00 MINUTES 00 SECOND CURVE (DELTA ANGLE 26 DEGREES 01 MINUTE 00 SECONDS) FOR 867.20 FEET; THENCE ON TANGENT TO SAID CURVE FOR 690.90 FEET; THENCE DEFLECT TO THE RIGHT ON A 2 DEGREE 30 MINUTE 00 SECOND CURVE (DELTA ANGLE 39 DEGREES 13 MINUTES 00 SECONDS) FOR 1568.70 FEET; THENCE ON TANGENT TO SAID CURVE FOR 298.40 FEET; THENCE DEFLECT TO THE LEFT ON A 2 DEGREE 30 MINUTE 00 SECOND CURVE (DELTA ANGLE 13 DEGREES 18 MINUTES 00 SECONDS) FOR 532.00 FEET; THENCE ON TANGENT TO SAID CURVE FOR 500.00 FEET AND SAID LINE "A" THERE TERMINATING. PARCEL 2: THE NORTH 2O.00 FEET OF LOTS 1 AND 2, BLOCK 1, VILLAGE OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA, ACCORDING TO THE DULY RECORDED PLAT THEREOF. PROPERTY IS ABSTRACT Last Updated January 2019 O�EREI erIN'ATURE AFFIDAVIT OF PUBLICATION CITY OF ELK RIVER ORDINANCE 22 - 09 STATE OF MINNESOTA ) AN ORDINANCE AMENDING ss COUNTY OF SHERBURNE THE ZONING MAP OF THE CITY OF ELK RIVER, MINNESOTA, Karen Nelson being duly sworn on an oath, TO REZONE CERTAIN states or affirms that he/she is the Publisher's PROPERTY FROM Designated Agent of the newspaper(s) known DOWNTOWN DISTRICT (DD) TO PLANNED UNIT as: DEVELOPMENT (PUD) Star News The City Council of the City of Elk River does hereby ordain as follows: with the known office of issue being located in the county of. SECTION 1. That the duly ad- SHERBURNE opted Zoning Map of the City of Elk with additional circulation in the counties of: River is hereby amended to rezone the property described on attached WRIGHT Exhibit A to Planned Unit Develop - and has full knowledge of the facts stated ment (PUD): below' (A) The newspaper has complied with all of PARCEL 1: the requirements constituting qualifica- LOTS 11 AND 12, BLOCK 1, tion as a qualified newspaper as, provided VILLAGE OF ELK RIVER, SHER- by Minn. Stat. §331A.02. BURNE COUNTY, MINNESOTA s Public Notice was (B)ThiPbliNtiprinted and pub- p p ACCORDING TO THE DULY RE- CORDED PLAT THEREOF AND fished in said newspaper(s) once each THOSE PARTS OF LOTS 9 AND 10, week, for 1 successive week(s); the first BLOCK 1, VILLAGE OF ELK RIVER, insertion being on 04/23/2022 and the last SHERBURNE COUNTY, MINNE- beingon 04/23/2022. ACCORDING TO THE DULY SOTA,insertion RECORDED PLAT THEREOF, LY- ING SOUTHWESTERLY OF A LINE MORTGAGE FORECLOSURE NOTICES 50.00 FEET SOUTHWESTERLY OF Pursuant to Minnesota Stat. §580.033 THE FOLLOWING DESCRIBED "A": relatingto the publication of mortgage LINE foreclosure notices: The newspaper complies SAID LINE A BEING DE-' with the conditions described in §580.033, SCRIBED AS FOLLOWS: BEGIN- subd. 1, clause (1) or (2). If the newspaper's NING AT A POINT ON THE WEST known office of issue is located in a county 2 LINE OF SECTION TOWNSHIP 33 NORTH, RANGE 6 WEST OF adjoining the county where the mortgaged THE FOURTH PRINCIPAL ME - premises or some part of the mortgaged RIDIAN, DISTANT 1355.85 FEET premises described in the notice are located, SOUTH OF THE NORTHWEST a substantial portion of the newspaper's CORNER THEREOF; THENCE RUN EASTERLY AT AN ANGLE 92 circulation is in the latter. county. DEGREES 07 MINUTES 00 SEC- ONDS FROM SAID WEST SEC- TION •LINE (MEASURED FROM �e� SOUTH TO EAST) FOR 145.3E By. ^ 1 ' ' ` FEET THENCE DEFLECT TO THE Designated Agent RIGHT ON A 3 DEGREE 00 MIN- UTE 00 SECOND CURVE (DELTA ANGLE 28 DEGREES 21 MINUTES Subscribed and sworn to or affirmed before 00 SECOND) FOR 945.00 FEET me on 04/23/2022 by Karen Nelson. THENCE ON A TANGENT TO SAID CURVE FOR 1195 FEET; THENCE DEFLECT TO THE LEFT ON A 3 DEGREE 00 MINUTES 00 SECOND CURVE (DELTA ANGLE 26 DE- GREES 01 MINUTE 00 SECONDS) FOR 867.20 FEET; THENCE ON TANGENT TO SAID CURVE FOR 690.90 FEET; THENCE DEFLECT Notaryblic TO THE RIGHT ON A 2 DEGREE 30 MINUTE 00 SECOND CURVE (DEL- TA ANGLE 39 DEGREES 13 MIN- vw rr.R.w•r „aryo,enyr�yy UTESFOR 1568.70 FEET, THENCE ON)TANGENT TO ®ARLENE AMRIE MACPHERSON SAID CURVE FOR 298.40 FEET; MOTARYPI18lIC-MINNESOTA THENCE DEFLECT TO THE LEFT ON A 2 DEGREE 30 MINUTE 00 m'cmnisftapkuJan 91.2024 SECOND CURVE (DELTA AN- GLE 13 DEGREES 18 MINUTES 00 SECONDS) FOR 532.00 FEET; THENCE ON TANGENT TO SAID CURVE FOR 500.00 FEET AND Rate Information: SAID LINE "A" THERE TERMINAT- ING. (1) Lowest classified rate paid by commercial users for comparable space: PARCEL 2: $23.00 per column inch THE NORTH 2O.00 FEET OF Ad ID 1222938 LOTS 1 AND 2, BLOCK 1, VILLAGE OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA, ACCORD- ING TO THE DULY RECORDED PLAT THEREOF. PROPERTYIS ABSTRACT SECTION 2. That the rezon- ing approved by this Ordinance is based on the following findings: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. 2. The rezoning supports commercial development not otherwise allowed under strict application of the city's zoning ordinance. SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 18th day of April, 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News April 23, 2022 1222938