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HomeMy WebLinkAboutOrdinance - 78-43 - Centex Homes Midwest, Inc. - 10/03/1978 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 78-43 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1 . Appendix A of Ordinance No . 135 is amended as follows: The following described property, as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the R1 -13.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer' s Agreement made as of December 5 , 1978 between Centex Homes Midwest, Incorporated, and the City of Eden Prairie , which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1 -13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. a FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3 day of October = 1978 , and finally read i and adopted and ordered published at a regular meeting of the City Council of said City on the 5 day of December, 1978. ,,WfW fga H. Penzel , Mayor ATTEST: SEAL Joh Frae;e-,o0`City MeW C �� Published in the Eden Prairie News on the day of ,1978. DESCRIPTION: lne North Ir2 at the Northweit 114 of Section?I, Townsnip 116, North Range??, West of the Slh Mrincipal Meridian; EXCEPT the following OnCribed tract. Ae;rinrirtr!at a ON 6A the''Vest [ink of said Norlhwest 114 distant YA 01eet South of the Northwes! corner thereW.thence at right angles last•dislaerce r4 SS).4 led;then'at right angles South a distance of 1%.65 feet to lhe.Squth line of said Norin 12 at the Nodhwrst Pat;thence West alortq Iasi descrlbed Una a olstance of 5515 feet to the West one of said Norinwest 11I;thence North a distance of 181115 felt to the point of i eginnrrty;and EXCEPT the following described tract; That part lying East of a lase drawn from a point on the South lineal said Northwest lM distant 71.3 keel West nt the Southeast corner of said Northwest IW to the Norineast Corner of sold 14*rttiwest iN ano the South 161.fi tent of that pass of the Norihtvest IN of the Northwest 19 of sold Section 22. bring East of the Nest$33.5 last therool. x All of Government let 4. Section 22. Township 116. Range 27; EXCEPT the lWieewing described ira.'t; Starting at a point on the South line al said Government lot 4, located midway between two concrete posts in Purgatory Creek !sold Writ being distant 71.S test%vest at the Souihusi carer of said Government Lot 41;tlience Northerly on a direct line toward the North IN corner of Section 22. Township 116. Range 22, to the centerline of County Road No. 2;the nce Southwesterly along the centerfine of County Road No. 2, a distance of 231.A feel;thence Southerly to a point on the South line of Government lot 4 MOM 19Z 5 lest West of the point of beginning;thence East 19Z S lest to the mint at"Inning and that part lying'_ast-.I&.line 3,at•n Orrin a;Dint on Iles South line of said Government lot 4. distant 17.5 feet%Vest of the Southeast corner of told Government Lot 4ll0 �. the North IN corner of said Section 22.and EXCEPT that part of said Government t A 4 lying South of the centerline of County Road No. 2. according to the United States Government Survey thereof;and , EXCEPT that part of Government Lol 4. dourlbed&%follows: Commencing at the meander corner on the!vest line of Government Lot S, of said Sectlo►:2z thence on an assumed DFAring of failh along said West line of Government t.o4 S. to a point 14).J* fret t.ort►► from the Southwest corner of ine Norlhwest Quarter of said Section 22.thence North ` 11 denreers SS minules 30 seconds East a distance of 609.40leei; thence North 830egrfes 71 minutes 30 seconds East a distance of 36).5 lest;thence Easterly AIL 64 feel along it tangential curve concave to the South. said curve having a radius of XIM 00 feel and a central angle of 23 degrees l l minulees )0 seconds. to the point of beginning of the land to be described;thence South 13 degrees 37 minutes W se cands East a ditionce of 230.32 feel;thence North 2 degrees 44 ndnedes 16 seconds West a dK- lance of 457.44 feel:thence forth 76 degrees 33 minutes 50 tecondt West a distance of 209.34 lee!; thence South 76 Oag(m 38 minutes 10 seconds West a distance of 416.69 feet more or less to the ► West lineal said Government lot A.thence Southerl;along sold.Vest lime of government tot 4 to the intersection with the above Cescribed curve;thence Southeasterly along said curve to the point of beginning; , Alias located in Hennepin County. A1lnnesda. Contains 11.435 acres. EXHIBIT A Centex Homes Midwest Inc. , Agreement f (OffictalPabijeatiNllglJ Affidavit of Publication CITY OF EDEN YB.AMIE HENNEPIN COUNTWI'VINNRSOTA ORDINANCE 75-0 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDDVANCE 155 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section L Appendix A of Ordinance No. 135 is amended as follows,The following described prOprty. State Of Minnesota ) as oat forth in Exb/hlt A attacbed hereto and mod..a part hereof,sbaii be and hereby Is removed from the ) ss. Rcral District and Ann bs included hereafter in the RI- 31 District. County of Hennepin ) r zxkrBITA Centex Homes Midwest Ise..Agreowsatt DESCRDMON: 'The North % of the Northwest Ya at,Section 22. ' beuig dui swum,on oath says is and during Township 116,North Range n,Weft of tM,k.h Pr elpal Star; Ro� f s ru v y Y rK Meridian: all the time herein stated has been the publisher and printer of the newspaper known as Eden Prairie'.Yews and has full EXCEPT Tito lellewfsg G!aerdied tract,' knowledge of the facts herein stated as follows i I i Said newspaper is printed in the English language in newspaper format Beginning sin point an the WestIt"ofs&wNortbwea and in column and sheet form eqwvalent in printed space to at least 900 square inches. 2 r Said newspaper is a weekly 14 disteflt $00.0 feat South of the Northwsm corner and is distributed at least once a week.i 3 i Said news paper has 50%of its news colunnuii devoted to news of local interest therobt:thence at right angles East a dlbF bee of 5311.5 to the community which it purporLi to serve and noes not wholly duplicate any other publication and is not made up feet;thence at right engine Saudi a distappe of 7N.65 entirely of patents,plate matter and advertiseinenb. 14 i Said newspaper is circulated in and near the municipality which fast to the South ltune of sold North%of tbl.Northwest it purports to serve,has at least W copies regularly delivered to paying subscribers,has an average of at least 75%of its ya;thence West along last described line a diseanes of total circulation currently paid or no more:lean three months in arrears and has entry as second-class matter in its local 553.5 toot to the West Un*of said Northwest%;thence post-office. (5 i Said newspaper purports to serve the linty of Eden Prairie in tht County of Hennepin and it has its known North a distance of 700.75 feet to tho point Of begUuihig; office of issue in the City of Eden Prairie in said cu uity,established and open during its regular business hours for the and gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said EXCEPT the lying Ex to d ilao i tract: newspaper.persons in its employ and subject to his direction and control during all such regular business hours and at That part Ding East o[a lUe drawn from a pant on PiiPe •Pe P 1 K' g the South line of said Northwest Ka distant 77.5 feet West which said newspaper is printed. 6 i Said newspaper files a copy of each issue immediately with the State Historical of the Southeast corner of said Northwest % to tbs Society. 7 i Said newspaper has complied with rill the foregoing conditions for at least one year preceding the day or dates Northeast cornier of said Northwest % and the south of publication mentioned below. 18 i Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1t7.g7 feet of that part of the Northwest% of the Nor- 1976 and each January I _hereafter an affidavit in the form prescribed by the Secretary of State and signed by the thwest Va of said Section 22,lying Esst of ttbe West 553.5 managing officer of said newspaper and sworn to Before a notary publw stating that toe newspaper is a legal newspaper feat thereof. All of Government Lot 4,Section 22.Township I10. He further states on oath that the printed legal Range 22; EXCEPT the fapawfag deoesbed tract: hereto attached as a part Starting•at a point on the South line of said Govern- menl Lot 4.located midway between two conerstepoets hereof was cut from the colunins of said newspaper, and was printed and published therein In the English language, in Purgatory Creak (said point being distant n7.5fset once each week, for oriE successive weeki: that it was first so published on Thurs .the 1 `R o!ilia Southeast Corner of said Yernmant Lot 4); ice Northerly at a direct line toward th S& to the e North vita il J a n a r y y ..roar of Section 22 Township 1I4, Ratt�ey of 1� vnd was thereafter panted anct published on every to and conterline of Coaq;y Road No.!;*1os'" including the day of 19 and that the following is a printed copy of the lower case alphabet along the eenterlisie of Cmasy Road 1{a:S.a•dlsaWil of =I.*test;tMoeefEogtberlLtea point on the Smith Umof from A to Z,both inclusive, and is hereby acknowledged as txing the size and kind of type used in the c•ornpositiun ano Govornmental 104(4 distant 192.5 flat West Of the point of beginning; thence East 252.5 toot to this Valet of publication of said notice,to wit: beginning.god that part WN East of s'llwe 4rie wn from a point on ills Synth line of said Governmoe t Lot 4, distant 77.5 fast'loot`of the Southeast cotgar of Bald Government Lot lklo the ti!NW%i4 Cotner of UBOCtlon- abc:defghilklmnopgr tUvwxyz 22; and EXCEPT that part of sal Govermmeiot l+ot 4 lying South of the centerltne of Copety Road NIL 2.,tieaordfng to the United States GmMire pient survey tbatiot;and EXCEPT that trait of G,."ST mWtt Lot 4,A0>M d u r.n dfri uO SaIBea 1 8 0 o p neq u - �k I 1► n �- 1 To Pangs pile aaJBe LUMP IWWO a •J94Joa PIS 44 ,AIIa?I Q3u i100!J pail Subscribed and sworn to before me this t:(z- ._ day'of a auI OZ PaX . t, pri f si18 Ou"D maK l OUL1 se , d 3I pug do ngq�8u�q tlo ` I Aag3'paMUB anecl UQA&1l;0pu noA M gyagdS ag3 awe8 JUPWo XP ,Mz) suR%quo rib g aWI SpIlOaas it ,Notarial Sca:, p ,r Notary public. .._ County,MinneyoG Punaamp eg-BaliIt�N SaJaLIOa3 My Conunission Expires { „° Jz 19 ltaegauioa OUOJp*11049 g 30 Isp- r; OPe3 II aneq 07 AIuO pool P032 a plod uI Spu03afte 4