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<br />Affidavit of Publication
<br />
<br />ORDIN~CE 04 ~ 17
<br />CITY OF ELK RIVER
<br />AN ORDINANCE AMENDING
<br />THE CJTY OF ELK RIVER ZON-
<br />ING MAP TO REZONE'CERTAIN
<br />PROPERTY FROM C2 OFFICE
<br />DISTRICT TO PUD PLANNED
<br />UNIT DEVELOPMENT .
<br />CASE NO. ZC 04-' 07
<br />The City Council of tlW'City of
<br />Elk River does herebyord~in as
<br />follows:
<br />Section 1. The duly adoptlild
<br />Zoning Map of the City of Elk
<br />River is hereby amended to rezone
<br />the properties described as:
<br />THAT PART OF THE FOLLOW-
<br />ING DESCRIBED PROPERTY
<br />LYING NORTH OF .THE WEST-
<br />ERLY EXTENSION OF THE
<br />CENTERLINE OF 6TH STREET
<br />(FORMERLY PLATTEn AS.. 8TH
<br />STREET) AS DEDICATED IN
<br />THE PLAT OF BURRELL'S'
<br />ADDITION, SHERBURNE'
<br />COUNTY, MINNESOTA, SUB-
<br />JECT TO EASEMENTS OF
<br />RECORD:
<br />THAT PAAT OF THE SOUT,H-
<br />WEST_.QUARTER OF THE
<br />NORTHWEST iQUARTER OF
<br />SECTION . 34, TOWNSHIP 33,
<br />RANGE 26, SHERBURNE
<br />COUNTY;MINNES0TA,
<br />DESCRIBED AS COMMENCING
<br />AT THE POINT OF INTERSEC-
<br />TION OF THE CENTERLINE OF
<br />JACKSON.. AVENUE (FORMER-
<br />LY KNOWN AS STATE. TRUNK
<br />HIGHWAY, NO. 201 AND "OLD
<br />HIGHWAY NO. 169") WITH THE
<br />SOUTH LINE OF SAID SOUTH-
<br />WEST QUAR,TER OF THE
<br />NORTHWEST QUARTER;
<br />THENCE WEST ALONG SAID
<br />SOUTH LINE FOR 200.00 FEET;
<br />THENCE . NORTH . PARALLEL
<br />WITH SAID CENTERLINE FOR
<br />285.70 FEET TO A'POINTTO BE
<br />HEREINAFTER KNOWN AS
<br />POINTf"A" FOR THE PURPOSE
<br />OF THIS DESCRIPTION;
<br />THENCE EAST PARALLEL
<br />WITH SAID SOUTH LINE OF
<br />THE SOUTHWEST QUARTER
<br />"OF THE NORTHWEST, QUAR-
<br />TER FOR 150'.00 FEET TO
<br />INTERSECT WITH THE WEST
<br />LINE OF THE RIGHT -OF-WAY
<br />OF SAID JACKSON AVENUE,
<br />BEING A LINE 50.00 FEET, AS
<br />MEASURED AT RIGHT
<br />ANGLES, WEST OF AND PARAL-
<br />LEL WITH SAm CENTERLINE,
<br />SAID POINT OF' INTERSEC-
<br />TION ALSO BEING THE ACTU-
<br />AL POINT OF BEGINNING OF
<br />THE LAND TO BE HEREBY
<br />DESCRIBED: THENCE RETURN
<br />WEST PARALLEL WITH sAID
<br />SOUTH LINE OF THE SOUTH-
<br />WEST QUARTER OF THE
<br />NORTHWEST .QUARTER FOR
<br />150.00 FEET TO SAID POINT ''A'';
<br />THENCE NORTH PARALLEL
<br />WITH SAm CENTERLINE FOR
<br />14.30 FEET, MORE OR LESS: TO
<br />INTERSECT THE NORTH LINE
<br />OF THE SOUTH 300,OQ FEET, AS
<br />MEASURED AT RIGHT
<br />ANGLES, OF SAID SOUTHWEST
<br />QUARTER OF, THE NORTH-
<br />WEST QUARTER; THENCE
<br />WES'!' ALONG SAID. NORTH
<br />LINE OF THE' SOUTH . 300.00
<br />FEET FOR'200.0lFEET, MORE
<br />OR LESS, TO INTEIlSECT ,A
<br />LINE 400,00 FEE'l' WEST OF, ,AS
<br />MEASUIlEDATRIGHT ANGLES
<br />TO, . SAIDCENTEIlLINE . OF
<br />JACKSON;i\VENUJj1J ,THENCE
<br />NORTH P.t\RALLEV'WJ;THSAID
<br />CENTEIlLINE '.iFOR' 1039.77
<br />FEET, MOREiOW.:r,.E,SS, TO
<br />INTERSECTT,HE. NORTIILINE
<br />OF, $;l\JDSOUT,HWESTQUAA-
<br />. TER.' OF' THE< vNORTHWEST
<br />QUART]j]R; ,.. T,HJj1NQE EAST
<br />~ONGSAID NORTH LINE FOR
<br />350.03 FEET, MQRE OR LESS,
<br />TO INTERSECT SAID WEST
<br />LINE OFTHE.RIGHT -OF -WAY.
<br />OF,J.i\C,KSON AVENUE: '.
<br />THENCE SqUTH. AI,;QNG. SAID'
<br />WEST LINE OF THE RIGHT -OF
<br />WAYFOft,105MQ:t:WJ
<br />OR LESS;TOT:OF
<br />BEGINNING,
<br />Section.2, ..... '.. ,,>The .re~()n!ng
<br />i~j;~i;Pprovedbas~d oniJie fol-
<br />lowing findings and conditions:
<br />'1 THE ZONING IS. CONSIS-
<br />TENT WITHTHE UNDERLYING'
<br />LAND USE OF OLD TOWN
<br />2. THE PROPOSED. USE, IS
<br />CONSISTENT WITH THE ZON-
<br />INGREQUESTED.
<br />3. THE PROPOSED ZONING IS
<br />COMPATIBLE WITfI ADJACENT
<br />USES AND ZONING,
<br />. 4. THE APPLICANT PAY
<br />$92,000JNTO" AN, ESCROW
<br />ACCOUNT FOR STREET REDE-
<br />VELOPMENT FOR 'l'HE',GENER-
<br />AJ., AIlEA OF, 6T,H, . ,7TH, aTH
<br />AND IRVING AVENUE.
<br />5. ..' $.15,000 BE PAID.., FOR
<br />RESTRIPING . JACKSON
<br />:vENUE. .',
<br />
<br />STATE OF MINNESOTA )
<br />
<br />)ss.
<br />COUN1Y OF SHERBURNE)
<br />
<br />L \ \' Lfr ~JF*~f"\ t+alf~(~ I s
<br />
<br />being duly sworn, on oath says that he/she is the publisher
<br />
<br />or authorized agent and employee of the publisher of the
<br />
<br />newspaper known as the Elk River Star News, and has full
<br />knowledge of the facts which are stated below:
<br />
<br />A) The newspaper has complied with all the
<br />
<br />requirements constituting qualification as a qualified
<br />
<br />newspaper, as provided by Minnesota Statute 331A.02,
<br />331A.07, and other applicable laws, as amended.
<br />B) The printed OrIlI nCLncf'_
<br />
<br />which is attached was cut from the columns of said
<br />newspaper, and was printed and published once each
<br />week, for 1- successive weeks; it was first published
<br />on Wednesday, the r1Pt(n day of nr-Cff"rnhLv' ,
<br />20 ()H , and was thereafter printed and published every
<br />Wednesday to and including Wednesct~y, the
<br />day of , 20 ; and printed below
<br />is a copy of the lower case alphabet from A to Z, both
<br />inclusive, which is hereby acknowledged as being the size
<br />and kind of type used in the composition and publication
<br />of the notice.
<br />
<br />a b cd e fg h ij k 1 m n 0 p q r s t u v w x y z
<br />
<br />
<br />BY' ~~Yt ~
<br />TITLE: .. -"'.' ( .t._ ( \'Y [)u::.Fti
<br />
<br />
<br />day of
<br />
<br />RATE INFORMATION
<br />(1) Lowest classified rate paid by
<br />commercial users for comparable space $ CO C~ ~ ' <60
<br />(2) Maximum rate allowed by law for
<br />the above matter $ 6 ?i1.. (0 0
<br />(3) Rate actually charged for the
<br />above matter
<br />
<br />$ d '6 -, ' ~ 0
<br />
<br />6. THE APPLICANT PAY PARK
<br />DEDICATION FEE OF$ 2,200
<br />PERlINIT FOR THE ADDlTION-
<br />AL 23 UNITST0 BE BUILT;
<br />. 7.. APPLICANT EXECUTE, A
<br />PUD AGREEMENT> INOORPO-
<br />RATING THESE FINDINGS AND
<br />CONDITIONS>INORDER. FOR
<br />THE PUD. ZONING CHANGES
<br />TOBEC0MEEFFECTIVE. '.
<br />SectionS. That this
<br />Ordinance shall take. effect and.be
<br />in full force from and,. after the
<br />date of'its; publication.
<br />Passed ana adopted. this 15th
<br />day of November, 2004, by the City
<br />Council of the City of Elk River.
<br />Stephanie A. KliI1zing,
<br />Mayor
<br />
<br />ATTEST:
<br />Joan Schmidt, City Clerk
<br />(D29)
<br />
<br />
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