ORD 06-013
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ORDINANCE 06 _ 13
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
TO R1c (SINGLE FAMILY RESIDENTIAL)
CASE NO. ZC 06- 05
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 to Rlc the properties described as:
Exhibit A
Section 2.
The rezoning is being approved based on the following findings:
1. The times and conditions have changed to warrant rezoning the property to R1c.
2. The proposed rezoning to R1c is consistent with the land use designation of Urban
Residential.
3. The use is consistent with adjacent uses.
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 November, 2006, by the City Council of the City
of Elk River.
~G~
. Steph rue A. Klinz~g, yor
ATTEST:
~~.~ /UJ
J oan Sd~midt, City Clerk
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Exhibit A
PARCEL TO BE REZONED TO R-lc
That part of the Northwest Quarter of the Northeast Quarter of Section 36, Township 33,
Range 26, Sherburne County, Minnesota lying westerly ofthe westerly line of
SHERBURNE COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 30 except that part
described as follows: Beginning at the Northwest comer of said Northwest Quarter of the
Northeast Quarter; thence on an assumed bearing of South 89 degrees 12 minutes 41
seconds East along the North line of said Northwest Quarter of the Northeast Quarter a
distance of 537.11 feet; thence Southeasterly 165.22 feet along a curve concave to the
Northeast and not tangent to the last described line, said curve has a radius of243.83 feet,
a central angle of38 degrees 49 minutes 27 seconds, and a chord which bears South 22
degrees 02 minutes 05 seconds East for 165.22 feet to a point of reverse curvature; thence
Southwesterly 604.35 feet along a curve concave to the Northwest, said curve has a
radius of 360.00 feet, and a central angle of 96 degrees 11 minutes 08 seconds to a point
of reverse curvature; thence Southwesterly 69.75 feet along a curve concave to the
Southeast, said curve has a radius of 300.00 feet, and a central angle of 13 degrees 19
minutes 19 seconds; thence South 41 degrees 25 minutes 00 seconds West tangent to said
curve a distance of75.18 feet; thence North 48 degrees 35 minutes 00 seconds West a
distance of 32.71 feet to a point of curvature; thence Northwesterly 247.46 feet along a
curve concave to the Southwest, said curve has a radius of 500.00 feet, and a central
angle of 28 degrees 21 minutes 23 seconds to a point of reverse curvature; thence
Northwesterly 193.33 feet along a curve concave to the Northeast, said curve has a radius
of 300.00 feet, and a central angle of 36 degrees 55 minutes 26 seconds to a point of
reverse curvature; thence Northwesterly 12.38 feet along a curve concave to the
Southwest, said curve has a radius of275.00 feet, a central angle of 02 degrees 34
minutes 47 seconds and a chord which bears North 41 degrees 18 minutes 21 seconds
West for 12.38 feet; thence South 34 degrees 41 minutes 40 seconds West not tangent to
the last described curve for a distance of 32.04 feet to a point on the West line of said
Northwest Quarter of the Northeast Quarter; thence North 00 degrees 21 minutes 48
seconds West to the point of beginning.
Affidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
&J IN ,
being duly sworn, on oath says that he/she is the publisher
ITYIN ELK 06-13 or authorized agent and employee of the publisher of the
CITS�.OF ELK RIVER g P
AN ORDINANCE ' newspaper known as the Elk River Star News, and has full
AMENDING THE
CITY OF ELK RIVER ZONING knowledge of the facts which are stated below:
MAP TO REZONE CERTAIN
.PROPERTIES TO R1c A) The newspaper has complied with all the
(SINGLE.FAMILY
RESIDENTIAL) requirements constituting qualification as a qualified
CASE NO.of f the y of Elk newspaper, as provided by Minnesota Statute 331A.02,
The City Council C ity;'
River does hereby ordain as fol- 331A.07, and other applicable laws, as amended.
lows.
Section 1,The duly ,adopted l3) The printed //1_
Zoning Map of the City of Elk"
River"is hereby amended to rezone'
to Rlc the properties described as: which is attached was cut from the columns of said
PARCEL TO BE REZONED TO
R-1c:That part of the Northwest newspaper, and was printed and published once each
Quarter of the.Northeast Quarter
of Section 36,Township 33,Range week, for succe lve weeks; it s first p blished
26,Sherburne County,Minnesota
lying westerly of the westerly line On Wednesday, the day of ,
Of SH AY RIGHT OF WAY COUNTY
HIGHWAY RLGH 20 , and was thereafter printed and published every
'...
PLAT NO. 30 except that part" Wednesday to and including Wednesday, the
described as follows:Beginning at
the Northwest coiner of said day of , 20 ; and printed below
Northwest Quarter of the North-
east Quarter; thence on an is a copy of the lower case alphabet from A to Z, both
assumed bearing of South 89
degrees 12 minutes 41 seconds inclusive, which is hereby acknowledged as being the size
East along the North line of,said and kind of type used in the composition and publication
Northwest Quarter of the,North-
east Quarter a distance of 537,11' of the notice.
feet;(thence Southeasterly 165,22`
feet along a curve concave to the
Northeast and not tangent to the
last de scribed line,said curve has abcdefghijkImnopgrstuvwxyz
a radius of 243.83 feet,a central
angle of 38 degrees 49 minutes 27 i
secondS,and'a chordwhich bears 05 BY.
South 22 degrees 02'minutes >
seconds East for 165.22 feet,to a TILE ,-x_ MI
point of reverse curvature;thence
Southwesterly 604.35-feet along a
curve concave to the Northwest,
said curve has a radius of 360.00 Subs r'bed and sworn to before me on this day of
feet, and a central angle of 96 20�(�
degrees 11 minutes 08 seconds to
a point of reverse curvature; h �
thence Southwesterly 69,75 feet b.along a curve concave to the 1NSlri
Southeast,said curve has a radius pL4i7fiC
�,
of 300.00 feet,and a central angle Notary Public() k � , 'dOtlnnGSOM
of 13 degrees 19 minutes 19 sec- 12010
onds;thence South 41 degrees 25 re a.'> vly�Ommi�� iv ,.
minutes 00 seconds West tangent `
I � .
to said curv6 a' distance of 75.18
feet;thence North 48'degrees 35 (1) Lowest classified rate paid by
minutes 00 seconds West a dis-
tance'of 32.71 feet to a point of commercial users for comparable space $
curvature;thence Northwesterly
247.46 feet along a curve concave (2) Maximum rate allowed by law for
to the Southwest,"said curve has a the above matter $
radius of 500.00 feet,,and a cen-
tral angle of 28 degrees'21 min- (3) Rate actually charged for the
utes 23 seconds to a point of ee
reverse curvature;thence North- above matter (J
westerly 193.33 feet along a curve
concave to the Northeast, said
curve has a radius of 300.00 feet,,
and a central angle of 36 degrees
55 minutes 26 seconds to a point
of reverse curvature; thence
Northwesterly 12.38 feet along a
curve concave to the Southwest,
said curve has a radius of 275.00 i
feet,a central angle of 02 degrees
34 minutes 47 seconds and a
chord which bears North 41
degrees 18 minutes 21 seconds
West for 12.38 feet;thence South
34 degrees 41 minutes 40 seconds
West not tangent to the last
described curve for a distance of
32.04 feet to a point on the West
line of said Northwest Quarter of r'
the Northeast Quarter; thence
North 00 degrees 21 minutes 48
seconds West to the point of
beginning.
Section 2.The rezoning is,being
approved based on the following ?,
findings:
1.The times and conditions have
changed to warrant rezoning the 1
property to R1c.
2.The proposed rezoning to R1c
is consistent withithe land use
designation of Urban Residential.
3,The use is consistent with
adjacent uses,
Section 3.That this Ordinance
shall take!effect and be in full
fore from and after the date of its
publication.
Pagse&and adopted this 20th
day gf,November,,'2GD6-,- y the
City Councif6f the City,of Elk
River.
Stephanie A.HIhizing,
Mayor
ATTEST:
Joan Schmidt,City(Merl.
(E6)
[Y