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Home My WebLink AboutOrdinance - 78-17 - Pheasant Oaks - 04/18/1978 s rlt/jh 6/1/78 Pheasant Oaks CITY OF EDEN PRAIRIE HENNEPIN CCUNI'Y, MINNESOTA ORDINANCE NO. 78-17 AN ORDINANCE FdaMING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS F 11DWS: a Section 1. Appendix A of Ordinance No. 135 is amended by adding as follows: See Exhibit A, attached hereto and made a part hereof by reference, which property shall be and hereby is removed from Rural zone and shall be included hereafter in the R1-13.5 zone. Section 2. The above described property shall be subject to the terms ( and conditions of that certain Rezoning Agreement dated _ June 7 , 1978 entered into between BURMITH, INC012PORATEM and the CITY OF EDEN PRAIRIE, which agreement is hereby made a part hereof and shall fiarther be subject to all of the ordinances, rules and regulations of the City relating to such R1-13.5 zones. Section 3. This ordinance beanies effective fran and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eder_ Prairie this ,18th day of Awl 1978 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of dune 1978. ATTEST: if zel, Mayor Jo d2n D. Fr ,City Clerk Published in the Eden Prairie News on the day of 1978. That part of the South Half of the Southeast Quarter of Section 16, Township 116, Raitge 22 lying southwesterly and southerly of the following desc-rIbed 1 ine. Commencing at the southeast corner of VILLAGE WOODS FIRST ADDITION, Hennepin County , Minnesota , according to the recorded plat thereof thence North 70 degrees 12 minutes West , assumed bearing, along the southerly boundary line of VILLAGE WOODS FIRST ADDITION :& di stance of 320.00 feet; thence south 19 degrees 58 minutes West 8.00 feet ; thence North 70 degrees 12 minutes West 205.00 feet to the most southerly corner of Block 4, VILLAGE WOODS FIRST ADDITION; thence North 29 degrees West along the Southwesterly line of Block 4 a distance of 100.00 feet; thence South 8 degrees 28 minutes 47 seconds West 378.74 feet to a point hereinafter referred to as "Point A", said point also being the point of beginning of the line to be described; thence southeasterly 293 . 14 feet along a non—tangential curve, concave to the southwest having a radius of 541 . 16 feet and a central angle of 31 degrees 02 minutes 13 seconds, r a chord of 289.57 feet and a chord bearing of South 61 degrees 58 minutes 08 seconds East ; thence South 46 degrees 27 minutes 01 seconds East , tangent with said curve, 246.24 feet ; thence southeasterly 182.76 feet alung a tangential_ curve concave to the northeast having a radius of 233. 18 feet and a central angle of 44 degrees 54 minutes 24 seconds; thence North 88 degrees 38 minutes 35 seconds East, tangent with said curve, 0. 77 feet to a point on the south— erly extension of the easterly houbdary line of VILI.A(;E, WOODS FIRST Al)l)lT7()N; thence southerly all :::,Ij soul herly exte.•IiSiUn Lo the suuth l ftic ail said South Half of the Southeast Quarter and said line there terminating. And which lies southerly and westerly of the following described line: {' Beginning at said "Point A"; thence northwesterly 130.92 feet along a non— tangential curve, concave to the southwest having a radius of 541 . 16 feet and a central angle of 13 degrees 51 minutes 41 seconds, a -chord of 130.60 z feet and a chord bearing of North 88 degrees 02 minutes 42 seconds West ; - thence South 88 deg;re v% 39 minutes 04 seconds West , tangent with said curve, 263 .92 feet ; thence North 7 degrees 28 minutes 53 seconds West 94.67 feet ; thence North 24 degrees 16 minutes 53 seconds West 169.61 feet ; Lhence North 42 degrees 49 minutes West to the north line of said South Half of the South— east Quarter and there terminating. ALSO I The south 33 .0 feet of that part of the South Half of the Southeast Quarter lying easterly of the southerly extension of the easterly boundary line of VILLAGE WOODS FIRST ADDITION. ALSO _ All that part of the Northeast Quarter of the Northeast Quarter of Section 21 , Township 116, Range 22 described as follows: Beginning at the northwest corner of said Northeast Quarter of the Northeast Quarter; thence south along the west line of said Northeast Quarter of the Northeast Quarter a' distance of 321 .69 feet; thence easterly, deflecting . to the left 90 degrees 00 minutes 00 seconds 258.70 feet.; thence north— easterly, deflecting to the left 21 degrees 52 minutes 43 seconds EXHIBIT A, PHEASANT OAKS Affidavit of Publication �s 1t27[Official Publication) i CITY OF EDEN PRAIRIE t HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.78-17 AtV ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section I. Appendix A of Ordinance No. 135 is amended by adding as follows: That part of the South Half of the Southeast Quarter of State of Minnesota Section 16,Township 116,Range 22 lying southwesterly and southerly of the following described line. SS. Commencing at the southeast corner of VILLAGE WOODS FIRST ADDMION, Hennepin County. County of Hennepin ) Minnesota,according to the recorded plat thereof: thence Notch 70 degrees 12 minutes West,assumed bearing, along the southerly boundary line of VILLAGE WOODS FIRST ADDITION a distance of 320.00 feet;thence south 19 degrees 56 minutes West 4-J; 8.00 feet;thence North 70 degrees 12 minutes west beutg duly sworn,on oath says he is and during 205.00 feet to the most southerly corner of Block 4, all the erne herein stated has been the publisher and printer of the newspaper known is Eden Prairie flews and has full VILLAGE WOODS FIRST ADDITION; thence knowledge of the facts herein stated as follows: f 1 i Said newspaper is Printed in the Fnghsh language in newspaper format Notch 29 degrees West along the Southwesterly line and in column and sheet form equivalent in printed space to at least 900 square inches f 2,Said newspaper is a weekly of Block 4 a distance of 100.00 feet: -hence South 6• and is distributed at least once a week. (3)Said news paper has 50%of its news c•olun,ms devoted to news of local interest degrees 28 minutes 47 seconds West 378.74 feel to a point hereinafter referred to as "Point A said to the community which it purports to serve and does not wholly duplicate any other publication and is not rude up Point also being the point of beginning of the'line to enUrely of patents,plate matter and adver'isenients.(4)Said newspaper is circulated in and near the municipality wtuch be described;thence southeasterly 293.34 feet along it purports to serve,has at least 500 copies regularly delivered to paying subscribers,has an average of at least 759h of its a non-tangential curve, concave.to the southwest total circulation currently paid or ao more than three months in arrears and has entry as second-class matter in its local having a radius of$41.16 feet and central angle -office. ,5 i Said newspaper y y p' of 31 degrges02 minutes 13 seconds,a chord of 289.07 Pa spape purporGg to serve the City of Eden Prairie in the('cunt of Hennepin and it has its known feet +ind a chord bearing of South 81 degrees 56 office of issue in the City of Eden Prairie in said county,established and open during it%regular business hours for the minutes Go seconds East-thence South 46 degrees 27 gathering of news,We of advertisements and sale of subscriptions and maintained by the managing officer of said minutes 01 second*East,tangent with said carve. newspaper,persons in its employ and subject to his direction and control during all such regular business hours and at 248.24 feet; thence southeasterly feat along a tangential curve concave to the rctM wflich said newspaper is printed. i 6 i Said newspaper files a copy of each issue. immediately with the State Historical northeast having a radius of 233.18 feet and a central angle of 44 Society. �7 i Said newspaper has complied with all the foregoing conditions for at least tow year preceding t•a day or dates degrees 04 minutes 24 seconds- thence North 68 of publication mentioned below i 8i Said newspaper has filed with the Secretary of Suite of'Minnesota prior to January 1. degrees 38 minutes 35 seconds kmast, tangent with 1976 -ind each Janui,ry 1 thereafter an affidavit in the form prew_•ribed by the S cretary of State and signed by the said curve,0.77e feet to a poinand og the of VILLAGE ex- tension managing officer of said newspaper and sworn to before a notary public stating.hat the newspaper is a legal newspaper. tension ut the easterly boundary lieu of VILLAGE WOODS FIRST ADDITION; thence southerly on I i-(!a j said southerly extension to the south Hoe of said He further states on oath that the printed South Half of the Southeast Quarter and said line r there terminating. hereto attached as a pa.. And which lies southerly and westerly at the following described line:, hereof wa< cut from the columns of said newspaper, and was printed and published therein in the English language, Beginning at said "Point A"; thence nor- •wesOrly 130.92 feet along a non-tangettllal carve, once each week, for `' successive weeks; that it was first so published one+1 -t the a i nerve to the southwest having a radio of$41.16 .eet and a central angle of 13 degrees SI minutes 41 d i of�G r f r 19 ?Sand was thereafter seconds,a chord of 130.00 feet and a chord bearing y printed and published on every to and of Ner•th 88 degrees 02 minutes 42 seconds West; thence South 68 degrees 39 minutes 04 seconds Wash. including the day of 19 and that the following is a printed espy of the lower case alphabet tangent wjth said curve,263.92 feet; thence North 7 degrees 28 minutes 33 seconds Nest 94.67 feat; from A to Z,both inclusive,and is hereby acknowledged as being the size and kind of type wwd in the composition and thence North 24 degrees 16 minutes 53 seconds West 369.81 feet;thence North 42 degrees 49 minutes West publication of said notice,to wit: to the north Una of said South Half of the Southeast Quarter and there terminating. ALSO The south 23.0 feet of that part of the South Half of the Southeast Quarter lying easterly of the southerly ex- abedefghijklmnopgrstuvwxyr tension of the easterly boundary line of VILLAGE WOODS FIRST ADDITION. ALSO Ali that part of the Northeast Quarter of the Northeast Quarter of Section 21,Township 119,Range 22 described i r as fWM eg►wiuiing at the northwest corner of said Nor- theast Quarter of the Northeast Quarter; thence south along the west line of nald Northeast Quarter of the Northeast Quarter a distance of 321'69 feel- thence easterly,deflecting to the left 96 degrees 65 minutes 00 seconds 236.70 feet; there• nor- theasterly, deflecting to the left 21 degrees 51 Subscribed and sworn to before me this S/t.-i,.�1 ' day of ; 19 minutes 43 seconds. which property shall be and hereby is removed from Rural cone and shall be included hereafter to the R1-13.2 zone. Section 2. The above described property.shall be subject to the terms and conditions of that certain Rezoning Agreement dated June 7, 1978 entered into between BURMITH, INCORPORATED and the CITY OF EDEN PRAIRIE,which agreement is hereby made Notarial Seal i a part hereof and shall further be subject to all of the ordinances,ruler and regulations of the City relating to Notary public. k ' County,Minnesota such 8I-13.5 zones. ' c� Section 3.This ordinance becomes effective from and µ�eyre+e+e►++++e+"e1e" sty Comrrassion Expires . t 19 Zf after its passage and publication. FIRST READ at a regular meeting of the City Couricil of the City of Eden Prairie this 18th day of April, 1976 and finally read and adopted and ordered published ate regular meeting of the City Connell of said City on thet + 7th day of June, 1978. Wolfgang PeaaeLMayor ATTEST: lobe D. Franc,City Clerk ib.in the Eden Prairie News on the 31 day of August, 61