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ORD 03-004 ORDINANCE 03 - 004 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED CASE NO. ZC 02-08 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. The rezoning is being approved based on the following findings: 1. Approval of the zoning request will not have adverse impacts on adjacent uses. 2. The zoning request is consistent with the land use designation of the Comprehensive Plan. 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 18th day of February, 2003 by the City Council of the City of Elk River. Stephanie A. I~inzing, Mayor ATTEST: Sandra A. Peine, City Clerk Exhibit A All that part of the Northeast quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty-four (34) Township Thirty-three (33) Range Twenty-six (26), Sherbume County, Minnesota, described as lying Westerly of Johnson Plat, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said Sherbume County; lying Easterly of the Easterly line of the right-of-way of U.S. Highway #169 lying Northerly of the following described line: Commencing at the Southwest corner of Outlot B of Johnson Plat; thence North 0 degrees 05 minutes East, assumed bearing, along the West line of said Outlot B for a distance of 207.35 feet to the actual point of beginning of the line to be described; thence South 72 degrees 56 minutes West a distance of 256.06 feet, more or less, to intersect said Easterly line of the right-of-way of U.S. Highway #169 and there terminating, and lying Southerly of the following described line; Commencing at the Northwest corner of said Johnson Plat; thence South 17 degrees 04 minutes East, assumed bearing, along the West line thereof a distance of 520 feet, thence South 72 degrees 56 minutes West a distance of 327.60 feet, more or less, to intersect said Easterly line of the right-of-way of U.S. Highway #169 thence South 17 degrees 04 minutes East along right-of- way a distance of 260 feet to the actual point of beginning of the line to be described; thence North 72 degrees 56 minutes East a distance of 327.40 feet, more or less, to intersect said West line of Johnson Plat and there terminating. Containing 2.38 acres, more or less. . . . Affidavit of Publication ORJ)INANCJ: 03 -004 C,ITYOF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK ,RIVER .. ZONING MAP TO REZONE CERTAIN PROPERTmS AS DESCIUBED CASE NO. ZC 02-08 The City Council of theiCit)7 of Elk. RiveI' 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: Exhibit ... All that part oftlu!. Northeast ql-!arterof the Southeast Quarter (NE1I4of SE1I4) of Section Thirty-four (34) Township. Thirty- three (33) Range Twenty-six (26), Sherbume.. County, Minnesota, described as lying. Westerly of Johnson. Plat, according ,to the map or plat thereof on file and of record in the officeoftlf:e'RegiEJter otfJei!ds in andfol'~jd<S~bume County; lying Easterly. of . the Easterly line oOhe rigMof-way of us. Highway #169 lying Northerly of the following described line: Commencing at the Southwest cor- fl,er of Outlot>B ofJbhn$()n Plat; thence North 0 degrees 05minl-!te,s East, assumed. bearing, ' along. the West lineof$dd Outlot B for a dis- tance of 207.35 feet to the actual point of beginning of the line to be described; thence South 72 degrees 56 minutes. West a., distance of 256.06 feet, more or tess, to, inter. sect SiLid Easterly line of the right- of-way of us. Highway #169. and there . terminating, and lying Southerly of "the, {Qllowing described line; Commencjng at the Northwest corner of said Johnson Plat; thence South I}' degrees ,04 minutes East, assumed7Yearittg, aloTflI the West line thereof adis- tQ,nce of 520 feet, thence, South 72 degrees 56 minutes West a di$tance of 327.60feet, more or less, to inter- sect said Easterly line of the right- of-way of US" Highway #169 thence South 17 degrees 04 min- utes East al(mg right-of-way a dis- tance of260 feet to the actual point of beginning of the' line to be described; thence .North ,72 degrees. 56 minutes. East a distance of 327.40 feet, moreQr less, to inter- sect said West line of Johnson Plat ., and there terminating. Containing 2;38 acres, more or less. Section 2. The rezoning is. being approved. based'.. on 'the .following findings: 1. Approval oUhe zoning request will not have adverse impacts (In adjacent uSes. 2.' The z(lnfug request iscol)Sis- tent with the land use designation (If the Comprehensive Plan. Secti(ln 3. That' thisilidinance shall . take ..effect and be' in full force fr(lmand after the date of its publiCation. . ' Passed. and adopted this ,18th day of February,2003 by the City Council (If the City (If Elk River. Stephanie A. Klinzing, . Mayor ATTEST: .. , Q...:.....A_^ ;A. .D,...::_.... ...rt~-I...;......rtl:..._1_ STATE OF MINNESOTA ) )ss. COUN1Y OF SHERBURNE) , elf) ;~/~ ~t/JU being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper 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 33IA.02, 33IA.07, and other applicable laws, as amended. B) The printed u.dd.bJ/~~__~~~fL~__ which is attached was cut from the columns of said newspaper, and was printed and published once each week, for / successive weeks; it was first published on Wednesday, the .:2J .P0 day of % ~l('</l 4./ t ' 20-12..1-, and was thereafter printed and publish d every Wednesday to and including Wednesday, the day of ,20_; 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. a bed e fg h ij k I m n 0 p q r s t u v w x y z ~~~ BY: TITLE, . . ... i\. ). Subscribed and sworn to before me on this :21- ~ da of ~ ""; ,20 iJ . CINDY M. SCHIMINSKI 1.. ' . NOTARY PUB - MINNESOTA ~ yo' n, 31, 2005 S . RATE INFORMATION (I) Lowest classified rate paid by commercial users for comparable space $ Maximum rate allowed by law for the above matter 5//60 (2) $ /It(g 5~ $ II ~ ctr;- (3) Rate actually charged for the above matter