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HomeMy WebLinkAbout1088 Ord (Amend Establishment of Districts by Rezoning Approx 8 acres from AP)ORDINANCE 1088 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY EIGHT ACRES FROM AP — AGRICULTURAL PRESERVATION The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the subject property, location of which is legally described in Exhibit A, is hereby amended to LR, Lakeshore Residential. This proceeding is known as Planning Case No. 2016-25. Section 2. This Ordinance shall be in full force and effect from and after publication according to law, and upon the subject property becoming part of the City of Stillwater by operational law. effect. Section 3. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this 5th of July, 2016. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Diane Ward, City Clerk Exhibit 'A' Legal Description That part of the North Half of the Southeast Quarter, Section 30, Township 30 North, Range 20 West, Washington County, Minnesota, lying easterly of the West 448.90 feet of said Southeast Quarter, lying southerly of the north 326.58 feet of said Southeast Quarter, and lying westerly of "Line 1". Said "Line 2" is described as follows: Commencing a the east quarter corner of said Section 30; thence South 69 degrees 43 minutes 37 seconds West, assumed bearing, along the east-west quarter line of said Section 30, a distance of 904.55 feet, (recorded as north 88" 13' 48" West 904.55 feet): thence South 15 degrees 51 minutes 51 seconds West, a distance of 1377.82 feet to a point on the south 1/16 line of said Section 3C, (recorded as South 17" 54' 26" West, 1377.65 feet); thence South 89 degrees 46 minutes 12 seconds West, along said south 1/16 line, a distance of 369.30 feet (recorded as North 88" 10' 45" West, 369.30 feet), to the point of beginning of said "Line 1"; thence North 44 degrees 27 minutes 50 seconds West, a distance of 248.00 teet, (recorded as North 42" 24' 47" West, 248 feet); thence North 00 degrees 56 minutes 27 seconds East, a distance of 488.11 feet, (recorded as North 2" 59' 30" East, 488.11 feet); thence North 45 degrees 38 minutes 16 seconds East, a distance of 944.89 feet to a point on the east-west quarter line of said Section 30, (recorded as North 47" 41' 19" East, 944.68 feet), and said "Line 1" there terminating, according to the United States Government Survey thereof; except that part thereof contained within the following described parcel: That par; of the West Half of the Southeast Quarter of Section 30, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northeast corner of the Southwest Quarter of the Southeast Quarter of Section 30, Township 30 North, Range 20 West, Washington County, Minnesota.; Thence North along the East line of the Northwest Quarter of the Southeast Quarter of said Section 30 a distance of 33 feet to the centerline of the East-West Township Road; Thence North 88" 10' 45" West 550 feet along the centerline of said Township Road and the extension :hereof; Thence South 33 feet to the North line of the Southwest Quarter of the Southeast Quarter of said Section 30; Thence Easterly along the North line of the Southwest Quarter of the Southeast Quarter of said Section 30 to the Northeast corner of the Southwest Quarter of the Southeast Quarter of said Section 30, and there terminating. STATE OF MINNESTOA COUNTY OF WASHINGTON 4illwater The Birthplace of Minnesota CERTIFICATION 1 }SS } I, Diane F. Ward City Clerk of the City of Stillwater do hereby certify that foregoing is a true and correct copy of ORDINANCE NO. 1088, AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY EIGHT ACRES FROM AP - AGRICULTURAL PRESERVATION, adopted by the City of Stillwater City Council, at a meeting held, according to law, at Stillwater, Minnesota, on the 5th day of July, 2016, as the same appears on file and of record in the offices of the City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Stillwater, this 15th day of July, 2016. Diane F. Ward, City Clerk Receipt:# 329407 OD Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 $46.00 1 1 i 4075065 lll 1 11 u 1 1 Certifed Filed and/or recorded on: 7/18/2016 10:25 AM 4075065 III Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 07/08/2016 and the last insertion being on 07/08/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 07/08/2016 by Charlene Vold. '`/IttL L Notary Public ,! '° MARLENE M. Mi CHELL5 �h I _� `�� Notary Public -Minnesota My Commission Expires Jan31,Neworv'a Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: 540.00 per column inch Ad ID 570515 S CITY OF STILLWATER ORDINANCE 1088 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY EIGHT ACRES FROM AP - AGRICULTURAL PRESERVATION The City Council of the City of Stillwater, Washington County, Minne- sota, does ordain: Section 1. The zoning of the subject property, location of which is legal- ly described in Exhibit A, is hereby amended to LR, Lakeshore Residential. This proceeding is known as Planning Case No. 2016-25. Section 2. This Ordinance shall be in full force and effect from and after publication according to law, and upon the subject property becoming part of the City of Stillwater by operational law. Section 3. In all other ways the Stillwater City Code shall remain in full force and effect. Exhibit A Croix Bay Legal Description Commitment 61647 That part of the SW 1/4 of the NE 1/4; and that part of the West Half of the Southeast Quarter of the Northeast Quarter and the north 326.58 feet of the North Half of the Southeast Quarter all in Section 30, Township 30 North, Range 20 East, Washington County, Minnesota, described as follows: Commencing at the northwest comer of said North Half; thence on an assumed bearing of South 00 degrees 15 minutes 23 seconds East along the west line of said North Half a distance of 37.55 feet to the intersec- tion with a line distant 75.00 feet southerly and parallel with the centerline of County Road No. 12 as described herein and the point of beginning; thence continuing South 00 degrees 15 minutes 23 seconds East a dis- tance of 289.07 feet to the south line of said north 326.58 feet; thence South 89 degrees 27 minutes 14 seconds East along said south line a distance of 774.15 feet; thence North 00 degrees 32 minutes 46 seconds East a distance of 64.00 feet; thence northeasterly 102.11 feet along a tangential curve concave to the southeast having a radius of 120.00 feet and a central angle of 48 degrees 45 minutes 08 seconds; thence North 49 degrees 17 minutes 54 seconds East a distance of 152.23 feet; thence northeasterly 144.49 feet along a tangential curve concave to the north- west having a radius of 180.00 feet and a central angle of 45 degrees 59 minutes 33 seconds to the intersection with a line distant 120.00 feet southerly and parallel to the centerline of said County Road No. 12 as described herein; thence South 82 degrees 40 minutes 01 seconds West along said parallel line a distance of 398.88 feet to the intersection with the north line of said North Half; thence North 89 degrees 27 minutes 14 sec- onds West along said north line a distance of 328.26 feet to the intersec- tion with a line distant 75.00 feet southerly and parallel with the centerline of County Road No. 12 as described herein; thence South 82 degrees 40 minutes 01 seconds West along said parallel line a distance of 273.86 feet to the point of beginning. Centerline Description of County State Aid Highway 12: Commencing at the southwest corner of the Northeast Quarter of Section 30, Township 30 North, Range 20 West; thence on an assumed bearing of North 01 degree 04 minutes 48 seconds West along the west line of said Northeast Quarter, a distance of 38.03 feet to the beginning of said centerline; thence North 81 degrees 50 minutes 36 seconds East, a distance of 1,395.69 feet; thence along a tangential curve concave to the south, a distance of 1,279.97 feet, said curve has a radius of 5,729.58 feet, a central angle of 12 degrees 47 minutes 59 seconds, and a chord bearing of North 88 degrees 14 minutes 36 seconds East, to a point on the east line of said Northeast Quarter; said point being 262.54 feet northerly of the southeast corner of said Northeast Quarter, and said centerline there terminating. (Abstract Property) Commitment 62168 That part of the North Half of the Southeast Quarter, Section 30, Town- ship 30 North, Range 20 West, Washington County, Minnesota, lying east- erly of the West 448.90 feet of said Southeast Quarter, Tying southerly of the north 326.58 feet of said Southeast Quarter, and lying westerly of "Line 1". Said "Line 1" is described as follows: Commencing at the east quarter comer of said Section 30; thence South 89 degrees 43 minutes 37 seconds West, assumed bearing, along the east -west quarter line of said Section 30, a distance of 904.55 feet, (recorded as north 88° 13' 48" West 904.55 feet): thence South 15 degrees 51 minutes 51 seconds West, a distance of 1377.82 feet to a point on the south 1/16 line of said Section 30, (recorded as South 17 ° 54' 26" West, 1377.65 feet); thence South 89 degrees 46 minutes 12 seconds West, along said south 1/16 line, a distance of 369.30 feet (recorded as North 88 ° 10' 45" West, 369.30 feet), to the point of beginning of said "Line 1"; thence North 44 degrees 27 minutes 50 seconds West, a distance of 248.00 feet, (recorded as North 42 ° 24' 47" West, 248 feet); thence North 00 degrees 56 minutes 27 seconds East, a distance of 488.11 feet, (re- corded as North 2 ° 59' 30" East, 488.11 feet); thence North 45 degrees 38 minutes 16 seconds East, a distance of 944.89 feet to a point on the east -west quarter line of said Section 30, (recorded as North 47° 41' 19" East, 944.68 feet), and said "Line 1" there terminating, according to the United States Government Survey thereof: except that part thereof con- tained within the following described parcel: That part of the West Half of the Southeast Quarter of Section 30 Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Northeast corner of the Southwest Quarter of the Southeast Quarter of Section 30, Township 30 North, Range 20 West, Washington County, Minnesota.; Thence North along the East line of the Northwest Quarter of the Southeast Quarter of Said Section 30 a distance of 33 feet to the centerline of the East-West Township Road; Thence North 88 ° 10' 45" West 550 feet along the centerline of said Township Road and the extension thereof; Thence South 33 feet to the North line of the South- west Quarter of the Southeast Quarter of said Section 30; Thence Easterly along the North line of the Southwest Quarter of the Southeast Quarter of said Section 30 to the Northeast comer of the Southwest Quarter of the Southeast Quarter of said Section 30, and there terminating. (Abstract property) Commitment 62131 All that part of the North Half of the Southeast Quarter (N 1/2 SE 1/4) of Section Thirty (30), Township Thirty (30) North, Range Twenty (20) West, Washington County, Minnesota, bounded by the following described lines: Commencing at the East Quarter Corner of said Section 30; thence on an assumed bearing of North 88 ° 13' 48" West, 529.03 feet on and along the east -west quarter line of said Section 30 to the point of beginning of the tract to be described; thence continue North 88 ° 13' 48" West 611.55 feet on and along the said east -west quarter line; thence South 47° 41' 19" West, 944.68 feet; thence South 02° 59' 30" West, a distance of 488.11 feet; thence South 42° 24' 47" East, a distance of 248.00 feet to a point on the south one -sixteenth line of said Section 30; thence south 88° 10' 45" East, a distance of 873.74 feet on and along the south one -sixteenth line of said Section 30; thence North 16" 41' 00" East, 215.76 feet; thence North 89° 24' 11" W, a distance of 141.95 feet; thence North 17 ° 17' 40" East, a distance of 1165.89 feet, to the point of beginning. Excepting therefrom, two parcels of land conveyed by A.B. Jackson to Donald B. Fulton filed for record in the Register of Deeds Office, Washing- ton County, on March 4, 1969, in Book 304 of Deeds, page 284 and on June 28, 1972, in Book 317 of Deeds, Page 107. (Abstract Property) Commitment 62210 That part of the Southwest Quarter of the Northeast Quarter; the West Half of the Southeast Quarter of the Northeast Quarter and the north 326.58 feet of the North Half of the Southeast Quarter all in Section 30, Township 30 North Range 20 East, Washington County, Minnesota, de- scribed as follows: Commencing at the northwest corner of said North Half; thence on an assumed bearing of South 00 degrees 15 minutes 23 seconds East along the west line of said North Half a distance of 326.62 feet to the south line of said 326.58 feet; thence South 89 degrees 27 minutes 14 seconds East along said south line a distance of 774.15 feet to the POINT OF BEGIN- NING; thence North 00 degrees 32 minutes 46 seconds East a distance of 64.00 feet; thence northeasterly 102.11 feet along a tangential curve con- cave to the southeast having a radius of 120.00 feet and a central angle of 48 degrees 45 minutes 08 seconds; thence North 49 degrees 17 minutes 54 seconds East a distance of 152.23 feet; thence northeasterly 144.49 feet along a tangential curve concave to the northwest having a radius of 180.00 feet and a central angle of 45 degrees 59 minutes 33 seconds to the intersection with a line distant 120.00 feet southerly and parallel to the centerline of said County Road No. 12 as described herein; thence North 82 degrees 40 minutes 01 seconds East along said parallel line a distance of 407.09 feet; thence easterly 21.24 feet along said parallel line being a tangential curve concave to the south having a radius of 5,609.58 feet and a central angle of 00 degrees 13 minutes 01 seconds to the intersection with a line parallel with the west line of said West Half of the Southeast Quarter of the Northeast Quarter distant 575.00 feet westerly as measured along the south line from the southeast corner of said west half; thence south 00 degrees 05 minutes 06 seconds East along said parallel line a distance of 113.37 feet to the south line of said West Half; thence South 89 degrees 27 minutes 14 seconds East along said south line a distance of 99.50 feet to the intersection with a line herein described as Line "A"' thence South 46 degrees 27 minutes 22 seconds West along said line "A" a distance of 469.37 feet to the south line of said north 326.58 feet; thence North 89 degrees 27 minutes 14 seconds West along said south line of the north 326.58 feet a distance of 404.38 feet to the POINT OF BEGINNING, together with appurtenant easement(s) for access and roadway purposes contained in Document No. 3969553. Centerline Description of County State Aid Highway 12: Commencing at the southwest corner of the Northeast Quarter of Sec- tion 30, Township 30 North, Range 20 West; thence on an assumed bear- ing of North 01 degree 04 minutes 48 seconds West along the west line of said Northeast Quarter, a distance of 38.03 feet to the beginning of said centerline; thence North 81 degrees 50 minutes 36 seconds east, a distance of 1,395.69 feet; thence along a tangential curve concave to the South, a distance of 1,279.97 feet, said curve has a radius of 5,729.58 feet, a central angle of 12 degrees 47 minutes 59 seconds, and a chord bearing of North 88 degrees 14 minutes 36 seconds East, to a pont on the east line of said Northeast Quarter; said point being 262.54 feet northerly of the southeast comer of said Northeast Quarter, and said centerline there terminating. Line A: (as shown on Personal Representative Deed Doc. No. 422993) Commencing at the east quarter corner of said Section 30; thence South 89 degrees 43 minutes 37 seconds West, assumed bearing, along the east -west quarter line of said Section 30, a distance of 904.55 feet, (recorded as North 88 degrees 13 minutes 48 seconds West 904.55 feet); thence South 15 degrees 51 minutes 51 seconds West, a distance of 1377.82 feet to a point on the south 1/16 line of said Section 30, (recorded as South 17 degrees 54 minutes 26 seconds West, 1377.65 feet); thence South 89 degrees 46 minutes 12 seconds West, along said south 1/16 line, a distance of 369.30 feet (recorded as North 88 degrees 10 minutes 45 seconds West, 369.30 feet), to the point of beginning of the line to be described; thence North 44 degrees 27 minutes 50 seconds West, a distance of 248.00 feet, (recorded as North 42 degrees 24 minutes 47 sec- onds West, 248 feet); thence North 00 degrees 56 minutes 27 seconds East a distance of 488.11 feet, (recorded as North 02 degrees 59 minutes 30 seconds East, 488.11 feet); thence North 45 degrees 38 minutes 16 seconds East, a distance of 944.89 feet to a point on the east -west quar- ter line of said Section 30, (recorded as North 47 degrees 41 minutes 19 seconds East, 944.68 feet), and said line there terminating, Washington County, Minnesota. (Abstract Property) CITY OF STILLWATER /s/ Ted Kozlowki, Mayor ATTEST /s/ Diane F. Ward, City Clerk Published in the Stillwater Gazette July 8, 2016 570515