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2002-04-15 CC Findings of Fact4-15-02 • CITY OF ALBERTVILLE City Council Findings of Fact & Decision Rezoning Final Plat Applicant Name: Darkenwald Real Estate, Ltd. Request: Darkenwald Real Estate, Ltd. has submitted an application for rezoning/and final plat. The request is being made to plat three commercial building sites and to rezone the entire property to PUD. Planning Commission Meeting Date: Public Hearing held April 9, 2002 City Council Meeting Dates: April 15, 2002. Findings of Fact: Based upon review of the application and evidence received, the City Council • now makes the following findings of fact and decision: a. The legal description of the subject property is attached as Exhibit A. b. The Planning Report, dated April 11, 2002 prepared by NAC Inc., is incorporated herein. c. The City Council finds the requested rezoning from 1-1 to PUD acceptable and in conformance with the rezoning criteria contained in the City's Zoning Ordinance. d. The City Council finds the final plat acceptable. Decision: Based on the foregoing information and applicable ordinances, the City Council APPROVES the rezoning and final plat based on the most current plans and information received to date subject to the following conditions. 1. Park dedication shall be cash fees in lieu of land at the rate in effect at the time of final plat. 2. Gas stations shall not be a permitted use under the PUD zoning. Adopted by the Albertville City Council this 15th day of April 2002. • Albertville Business Park Findings of Fact Page 1 Attest: By: Linda Goeb, City Administrator • City of Albertville Albertville Business Park Findings of Fact Page 2 EXHIBIT A • LEGAL DESCRIPTION OF Albertville Business Park That part of the Southeast Quarter of the Northwest Quarter, and the Northeast Quarter of the Southwest Quarter, Section 35, Township 121, Range 24, Wright County, Minnesota, described as follows: Commencing at the Northwest corner of said Northwest Quarter, thence South 89 degrees 58 minutes 49 seconds East, assumed bearing along the north line of said Section 35, a distance of 2637.89 feet to the Northeast corner of said Northwest Quarter, thence South 01 degrees 13 minutes 38 seconds West, along the East line of said Northwest Quarter, a distance of 1402.67 feet to the point of beginning, thence South 79 degrees 52 minutes 02 seconds West, a distance of 392.18 feet, thence North 10 degrees 07 minutes 58 seconds West, a distance of 22.50 feet; thence South 79 degrees 52 minutes 02 seconds West, a distance of 80.0 feet; thence North 10 degrees 07 minutes 58 seconds West, a distance of 143.65 feet; thence North 89 degrees 03 minutes 02 seconds West, a distance of 119.90 feet; thence South 65 degrees 48 minutes 30 seconds West, a distance of 276.96 feet; thence North 59 degrees 53 minutes 02 seconds West, a distance of 141.91 feet; thence South 30 degrees 06 minutes 58 seconds West, a distance of 644.32 feet to the northerly right-of-way line of Interstate Number 94; thence South 59 degrees 53 minutes 02 seconds East, along said right-of-way line a distance •of 1486.18 feet to the east line of said Northeast Quarter of the Southwest Quarter, thence North 01 degrees 13 minutes 38 seconds East along said east line of the Northeast Quarter of the Southwest Quarter and said east line of the Northwest Quarter, a distance of 1263.15 feet to the point of beginning. . Albertville Business Park Findings of Fact Page 3 J