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96-026 ORDORDINANCE 96 - 26 CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY TO ANTENNA TOWER OVERLAY DISTRICT (AT) CASE NO. ZC 96-17 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: The rezoning would not adversely affect the property under consideration or the adjacent properties. The rezoning would be compatible with surrounding land uses and zoning districts. ° The apphcant has shown that the proposed rezoning is necessary in order to provide effective cellular phone coverage for this area. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its pubhcation. Passed and adopted this _21ar_ day of Council of the City of Elk River. October , 1996, by the City /2e~Y A. Duits'n~an, Mayor Sandra A. Thackeray, City Clerk s:\document\ordinance\/zc96-17.doc SEC. 2 I. 32 N.~ iY£ OFFICE ON BUILDING GRAPHIC SCALE EXHIBIT A LEGAL DESCRIPTION FOR: A. T. & T. WI~.ESS SERVICES ELK RIVE~ SITE / LEASE TRACT A tract of land lying and being in that part of the South Half of the SoUthwest Quarter that lies Northeasterly of the Northeasterly line of U. S. Highway 10 and Southwesterly of the railroad right-of-way in Section 2, Township 32, Range 26, Sherburne County, Minnesota, and being more particularly described as follows: Beginning at the intersection of the South line of the North 120 feet of said Sou~h Half of the Sout~hwest Quarter with the Southwesterly right-of-way line of the Burlington Northern Railroad Company; thence South 34° 16' 41" East along said railroad right-of-way line for a distance of 22.04 feet; thence South 55° 43' 19" West for a distance of 57.00 feet; r21ence North 34" 16' 41" West for a distance of 60.98 feet, more or less, to the South line of the NorTh 120 feet of the South Half of the Southwest Quarter; thence South 89° 56' 26" East and parallel with said South line of the North 120 feet of the South Half of the Southwest Quarter for a distance of 69.03 feet, more or less, to the point of beginning. Containing 2,366 square feet, or 0.054 acres. Mfidavit of Publication The OityGouncil 0 Section 1. The d y amended to rezone t ." ~'I, , A tract of land 1y;,!'R ing in outhHalf of the Southwest Quarter that l~es Nort ,as rlyoft . of U.S. H~ Southwesterly of the niitroad right Tow~iUp Sherburne County, Minnesota, a~dicutarly des<;rib .. Beginning at the intersliction' oftini? ()f the, N()rth 1$0 id South Half of the Southwest Quarter wi ht1l.e Southwesterly right-o -way. ulti ()f the BurlingtQ~ Northem Rqilroad Comparr-:g;,thence South 34016' 41" E~t, qfQng said railroad right.of'lJ}o,y line lor a 9{Sta"'00: of 22.04 feet; thence South' 5.5~ 43' 19>> West for a distance of 67.00 feet; then,ce North 340 16' 41" lVest for a di",tance of60.98 feet, more o,.,lIIss, to the South line of the North 120 feet of the SoutliHalf of the Southwest Quarter; thence South 890 56' 26>> East and paraUel with said South line of the North 120 feet of the South Hidf of the Southwest Quarter for a distance of 69.03 feet, more or less;, to the point of beginning. Containing 2,366 square feet, or 0.054 acrell. . S. 1/2 S. W. 1/4 SEC. 2 T. 32 N., . ) OFfICE 'UlUllNO 1 GILAPIOC SCALE ~_.: - . ~ .:':~I... , ' Section 2. The rezoning is being approved based on the following findings: 1. The rezoning would not adversely affect the property under consideration or the adjacent properties. 2. The rezoning would be compatible with surrounding land uses and zoning districts. 3. The applicant has shown that the proposed rezoning is necessary in order to provide effective cellular phone coverage for this area. 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 21st day of October, 1996, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATI'EST: Sandra A. Thackeray, City Clerk MAP HERE (N6) STATE OF MINNESOTA ) )Ss. COUNTY OF SHERBURNE) DCM '~ . being duly sworn, on oath says that he/s e is the publisher or authorized agent and employee of the publisher of the newspa- per known as 'l'he 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) The printed o~ o,(O-of.p which is attached was cut from the columns of said newspaper, and was printed and published once each week, for ~EJ.uc- cessive weeks; it was first published on Wednesday, the ~ day of -'~ W1'Y\lHN , 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. a b c d e f g h ij k I m n 0 p q r s t u v w x y z ~~'"'~ ~~ Subscribed and sworn to before me on this _111'Y1 HYj/i\APVl , 19~. - ~4 WI. jJ~~U Notary Public . ~ ~~"f'" '. ..... MY' AIlI' PU ''':~~{I _____ COMMISSI/LIC-M.'.NNf" ",.0 '~ N.Ex. PIW" I "OT4 ./ ~ _ . .;) /-3/-;0000 '. -..............,"""'- day of (1) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space Maximum rate allowed by law for the above matter Rate actually charged for the above matter $ d-- ~'6, cP $ l1C(,I/1 $ 1-1'1.(-( (2) (3)