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ORD 09-11ORDINANCE 09 - 1.1� CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPER.'T'IES TO R -4 HIGH DENSITY RESIDENTIAL CASE NO, ZC 09- 02 The City Council of the City of Ells River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Ells River is hereby amended to rezone to R -4 (High Density Residential) the properties described in Exhibit A attached Section 2, The rezoning is being approved based on the following findings: 1. THE ZONING IS CONSISTENT WI'T`H THE LAND USE, Section 3. That this ordinance shall take effect and be in full force from and after the date of its publication, Massed and adopted. this 21st day of December, 2009, by the City Council of the City of Elk River, ATTEST: Tina Allard, CifTClerl� s: \planning main \case files \zc \zc 09 -02 enright \ordinance,doc Ste hanie A. I-C]inzin g , a or y Exhibit A THAT PART OF SE 114 OF NW 114: COMMENCING AT THE NE CORNER OF SE 114 OF NW 114, THENCE RUNNING SOUTH ALONG THE NORTH & SOUTH 114 LINE OF SAID SEC 32 A DISTANCE OF 219.1 FT, THENCE DEF A RADIUS 60 DEG 03 MIN DIRECTLY OF SOUTHWESTERLY ALONG THE TANGENT TO THE NORTHERLY RIGHT OF WAY OF HWY 10 A DISTANCE OF 227.5 FT TO THE POINT OF BEGINNING OF LAND TO BE DESCRIBED, THENCE CONTINUING SOUTHWESTERLY ALONG THE TANGENT TO SAID NORTHERLY RIGHT OF WAY OF HWY 10 A DIST OF 947 FT, THENCE A RIGHT 90 DEGREE A DISTANCE OF 163 FEET TO THE WATER LINE OF SO- CALLED LAKE ORONO OR ELK RIVER, THENCE NORTHEASTERLY ALONG SAID WATER LINE 967 FT MORE OR LESS TO A POINT LYING ON A LINE PERPENDICULAR TO & INTERSECTING THE NORTH LINE OF THE RIGHT OF WAY OF HWY 16 AT A POINT OF BEGINNING & LYING 185 FT DISTANT NORTHWESTERLY FROM POINT OF BEGINNING, THENCE SOUTHEASTERLY ALONG SAID PERPENDICULAR 185 FT TO POINT OF BEGINNING s: \planning main \case files \zc \zc 09 -02 enright \ordinance.doe �RDINANCE CIA 11 ELg RIVER AN nVANCE ,ING CM`Y ILK RIVER d. TO REZONE �� H EN �� TO GO� NO. ZC 09- 02 The citF Council of the City of Elk River $oes hereby ordain as follows: section1.'The duly adopted Zoning. Map of the City of Elk River is hereby amended to rezone to R -4 (High Density Residential) the properties described THAT PART OF SE 1 /4 OF NW 1 /4 : COMMENC- ING AT THE NE CORNER OF SE 1/ 4 OF NW 1/ 4, THENCE RUNNING SOUTH ALONG THE NORTH & SOUTH 114 LINE OF SAID SEC 32 A DIS- TANCE OF 219.1 FT, THENCE DEF A RADIUS 60 DEG 03 MIN DIRECTLY OF SOUTHWESTERLY ALONG THE TANGENT TO THE NORTHERLY RIGHT OF WAY OF HWY:10 A DISTANCE OF 227.5 FT TO THE POINT OF BEGINNING OF LAND TO BE DESCRIBED, THENCE CON - - MINUING SOUTHWEST - 'LY ALONG THE ,TAN - . NT TO SAID NORTHERLY RIGHT OF WAY OF HWY 10 A DIST OF 907 FT, THENCE A RIGHT 90 DEGREE A DIS- TANCE OF 108 FEET TO THE WATER LINE OF SO- CALLED LAKE ORONO OR ELK RIVER, THENCE NORTH - EASTERLY ALONG SAID WATER LINE 967 FT MORE OR LESS TO A POINT LYING ON A LINE PERPENDICU- LAR TO & INTERSECTING THE NORTH LINE OF THE RIGHT'OF WAY OF HWY 10 AT A POINT OF BEGINNING & LYING 185 FT DISTANT NORTHWESTERLY FROM POINT OF-BEGINNING, THENCE SOUTHEASTERLY ALONG SAID PERPENDICU- LAR 185 FT TO POINT OF BEGINNING Section2.-The rezoning is being approved based on the ndings: 1. TIM IS CONSIS- TENT WITH THE LAND USE. Section&That this Ordi- nance`shall take effect and be in full force from and after the date of its.publication. Passed and adopted this 21st day of December, 2009, by the — .,City Council'of the City of Elk iiyer. Stephanie A. Klinzing, Mayor ATTEST: Tina Allard, City Clerk (D26) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA SS COUNTY OF SHERBURNE ) Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper hascomplied with all ofthe requirements constitutingqualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed Public Notice Case No. ZC 09 - 02, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 26th day of December, 2009, and was therefore printed and published on every Saturday to and including Saturday, the 26th day of December, 2009, 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 abcdefghijklmnopgrstuvwsyz Office Manager Subscribed and sworn to before me on 01NDY M, SCHIMINSKI this 26th day of December, 2009 NOTARY PUBLIC MINNESOTA My Commlulon Bxplra Jan. 31, 2010r " n1 ,fir � gnu w E�-• Notary Public RATE INFORMATION (1) Lowest classified rate paid by $ 21.00 commercial users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter 2,023,017 $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate)