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HomeMy WebLinkAboutOrdinance - 79-17 - Stewart Sandwiches - 06/05/1979 i Stewart Sandwiches Y CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA - ORDINANCE 79-17 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 Plan Study District and shall be included hereafter in the I-2 Park District. Section 2 . The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of Mane l 1 , 1979 , between STEWART IN-FRA RED COMMISSARY OF MINNESOTA, INC. ^' ^ 4 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 I-2 Park District. Section 3. This ordinance shall become effective from and f I after its passage and publication. I FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the r day of imp , 1979 , and finally read and adopted and ordered published at a regular meet- ing of the City Council of said City on the 1y day of r 0,4.,t ,1979 . P W fg g Ah Penze , Mayor ATTAST J D. .-PrSne , City Clerk Published in the Eden Prairie News on 'Lhe ,,,,' day of J �, , 1979 RAP Doscription for Ste,.mrt Sandwiches and Pizza in the Northeast 1/4 of Section 17-116-22 That part of the korthe ast cuurter of the Northeast quarter of ;,section 17, Township 116, Range 22, described as follows: Beginning at the Northwest corner of said Northeast qunr- ter '' the Northeast quartor; thence South along the %►est line of said tortheest quarter or the -ortheast quarter to the North line or the South quarter of said Northeast quarter of the }:ortheast quarter; thence East along said North line of the South quarter of the North- east quarter or the Northeast quarter to a point thereon distant 110e.5e feet trust of the Nast line of said Section 17 as measured along said Forth line of tho South quarter of the Northeast quarter of the Northeast quarter, said point being the pcirt of beginning of a line hereinafter referred to as "Line B"; thence North psrullel with said i;ast line of Sec- tion. 17 a distance of 440.12 feet, and said "Line E" there ending; thence Easterly to "Point X" hereinafter described: thence North 23014' 14" Sast 436.98 feat more or legs to the Southerly right-or-way line of State Trunk highway No. 5 asdescribed at parcel 16 of final certificate recorded as Lac. No. 305737-<; thence Nortc..iestariy, Nort:,uasterly, and Lorthwest- erly slong' said right-of-way line to the North line of said Northeast quarter of the North- erst quarter; thence best along said North line to the point of beginning, EXCEPT that part thereof described as beginning at said Northwest corner of the Northeast quarter of tho s Worthesat quarter; thence South along said west line of the Northeast quarter o: the North- east quarter a distance of 271.98 feet to the point of beginning of a line hereinafter refer- red to as ".Line A"; thence Last deflecting to the left 92026' a distance of 35(;.55 feat, and a said• "13re l" there ending; thence at a right angle North to the Southwesterly ri&L-o:-way lies of said State Highway No. 5; thence Northwesterly, northeasterly, and `orthwastcrly nlong said right,-of-way line- to said North line of the Northeast quarter of the Northeast quarter; thence 1Nest along said No-th line to the point of beginning, e.NL EXCEn that part tyeruof lying within the Easement for County Road No. 4 as described in Docu.Tent Ne. 3538642; ::2:D EXCWP': that part thereof lying South of a line drawn• parallel with and 60 feet South, :�Dexsuzled at right angles, from said "L.L6a A" and lyii,e. west of said -:.nine B" anv 1..,. North- erly extension. Sail( Point X" is located as follows: Commencing at a point on the Fast line of the North- Vast quarter of the Northeast quarter of said Section 17, distant 180 feat South of the Northeast cornor thereof (said Eust line being assumed to have a bearing of South) ; thence .youth 6s013' West along a line parallel with the westerly extension of the North lire of :section 16, Townshi-p 116, Itange 22, a distance of 2.0 feet; thence South 23014'14" West a %:'!stance of• 353.30 feet tore or leas to a point in a line drawn parallel with the westerly axCenslcn of the north line of said Section 16 from a point on the West line of said Section *6 distant 500.40 feet South of the Northwest corner of said Section 16 and distant 141.46 ;eet Westerly or the 'west line of said Section 16 as measured along said parallel lino; #.hence South 18010.27" West a distance of 82.52 feet alone, a line: which if extended, would intersect the North line of the South quarter of said Northeast quarter of the Northeast quarter of Section 17 at a point thereon distant 303.63 feet 1+est of the Eant line of said Section 17, as measured along said North line of the South quarter of the Tortheiast quartesr of the Vortheast quarter; thence North 89040' Wont a distance or 715.66 feet to the inter- rection with a line drawn parallel with and distant 883.02 feet went of the East line of ;:aid Section 17 as measured along said North line of the South quarter of the Northeast R A %rter of the Northeast quarter, said point of intersection is designated as "Point X", tr, .�:c United Stater. Government Suzn ey thoreol , and situates fr. Hennepin Co►:nty, � Minnesota. It is further agreed that first parties grant a ten(10)foot easement across the North end of remaining property (abutting and South of 60' strip) for access and roadway construction. (Required by Hennepin County Department of Transportation to align access with access and roadway directly to West of County Road 4) . f econd party grants to first parties access to and use of any roadway and access to a Highway 4 from first parties parcel directly to the South. Second party agrees in consideration hereof to pay any costs connected with recording or registering this easement and cost of any survey updates, and updating of legal description by surveyor for first parties remaining parcel to the South, if required, but not confined to these costs should any other cost arise to accomplish the granting of subject easement. EXHIBIT A _W' 01709(Official Pubticatfottf., CITY OF EDEN PRA HENNEPIN COUNTY.MIN OTA ORDINANCE AERET17 Affidavit of Publication AN ORDINANCE RELATING NG TO ZONING AND AMENDING ORDINANCE 135 THEIT'CY :470UNCIL or,THE CITY OF EDEN , r PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance Me. 135 is amended as follows:The following described property, Description for Slow,agAlpsidwlches and Pins In*# stedsean 44 of beetfpa!a-llg t>_ That part of the North star of the Northeast quarter of Section 17,Too.21*1 .Adage 22,described as follows,BegtnrA"c'at' "lot west corner of said State of Minnesota Northeast quarter of tfttF quarter; thence South along tde•.West Ifae,04 rtheaat quarter of the Northeast quarter to: line of Me South quarter, of satttl-N;ortbeawkvA er of the Northeast County of Hennepin ) quarter theo4.paet.along asltlt:A}onth line of the South quartor of tlwt::Northeast gfiert it of the Northeast quartos to a t thoreon dita1aa1112011.511 feet W ass of tpR, East,Mae ro jsidd Section ITj# ,i!pNasured a*wW,,,4W,5 e L an Rol F s r w! t.•ens;du o i,w:u-ii,on ath Say+he is and duriig North fineafttge$outaqua tm. t virile rq 7a.: all the tune herein stattcf tu,txen trio ibiuiiet au.; „u c, .,. of the Norlh=quarter,t t'being the'yoi t; ,,. _ c,f, t',ain. news and has cull beginadng"gt�, IUM berelna to as 11 a S"; ^ knowledge of the facts herein stated as follow, 1 Said newsi>iper a pruiteu w t1 c F ii ish language in newspaper fornn:+t thence WorthVorallel with nnitHoe of Section 17 a and in column and sheet form equivalent ii,printed space u,at bast Wo square Inches 1,Said newspaper is a weekly distanceot,40,22 feet,and saki* e "!tiers rpidipg; and Ls distributed at least once a week •3,Said news paper has fjo%of its news vuluinrn,rievoted to news of local interest theocat rVicoirly to Point ner: ; to the emus uuuty which it purports to senw and does not wholly duplicate ,ny other pubLe.ataun and is not made up throes Norjh degre y 14'I4 #tyrd 4S1.95 entirely of patent ,plate tiiatter an?advertisemnt e , 4 Said newspaper is circul.ited it)and near the municipality which i ess to the S4+t�therly rlght.of-I►iy,lino on.T it purports to serve,tide at least 500 copses regulaNy delivered to pay inX,ubsr r il,ers,ha.,an average of at least 75 tL of its Highway Na i as deacribad rit:piareel 16 total circulation currently paid or no more than three uumth,in at-rears and has entry as second-class nu+tter to its local ancote r+ocaeded as Doe. .Ne 9g; desire Nor-`- �3 post-other. S i Said newspaper purtxiRs:o si:n•e the City of Eden Prairie in the(aunty of Hennepin and it has its known thwenterlltt lfortheaetarly+`wd ttorfhwasterly alW�,. office of issue in the City of Eden Prairie in said count).established and open during its regular business hours for the said right•ef•Iway iWe to the Noob tint of said Northeas4; gathering of news, sale of advertisements and sale of subscriptions and niaintained by the managing officer of said quarter of the Nor0woot quitkor; tpence.West sbnt-t; newspaper,persons in its employ and subject to his dirr<•tiuu and vonlrol during all such regular business hours and at said Noah line to the point of beg{utsing,EXCEPT"n. t thefajpCdesertixd as bei�tti'tog at said.Northwest which said newspaper is printed 6 i Said newspaper f:es a copy of each issue inunediatelg with the State Historical par corner it the•Northeast gaartdr of the Nort110ast�* �a'iety.,7 i Said newspaper has complied with a))the fureg,ang runditi„n,for at least orke year prec•erhng the day or dates of publication mentioned below. 8)Said newspaper has fled with the Secretary of State of%lirmesota prior to January 1, gwrier;'.iheatro South sleds afd West line of the N99-Y✓ theaet quarter of the Northeast quarter a diatanee,pt,,, 1976 and each January I thereafter an affidavit In the form Ares,rit><d by tbi Set retary of State and signed by the 271.98 feet to the point of beginning-of a line herefnlllli ; managing ufflcer of said newspaper and sworn to tiefe,re a n"tary pubtu suttlog th it th.•newslziper is a legal newspaper. referred to as"Line A";thenee;$pat deflecting dd"flfa': ca left 92 degrees 26' a distance of'359.55 feet, and iaitt He further..,rates un oath that the printed f *'Line A"there ending;thence sta right angle North to. the Southwesterly rightof-of of said State High- wayhereto attached No. 5; thence Northwesterly,,,Northeasterly,Goat; Northwesterly along said right-of-way line to sold North.;; hereof was rut from the coici ins of scud newsytiler. and w[ts pruite,t and published therein In the English language, line of the Northeast quarter of the Northeast quart0i; ' once each week, for One surressive weeks. mac it wi,s first ,, published un Thu rs . the thence Went along said North line, to the point of; i•tl Iv 7 n beginning,AND EXCEPT that part thereof lying wlthiat,, day of v 19 and was thereafter pruned ,oA published on evert to the Fasemek for County Road No. 4 as described In " Document No,3538642;ANIYEXCEPT that part thereof', including the day of lu end that Ule(dl,wing i,a prtnte,.t,npy of the lower case alphabet lying South of a tine drawn parallel with and 60 feat South. measured at right angles.,from said "Line A" from A to Y.,both inclusive,and a hereby ae knowh•:f e•I twin,: the slit,.and kind of rope iise,i it)the eumpusiuon and and lying west of said"Line 11"and the Northerly ex- tension. publication of said notice,to wit Said"Point X"is located as follows:Commencing at a point on the Esst line of the Northeast quarter of the Northeast quarter of said Section 17, distant 180 feet abc defghe7r.l;,u:oy yrau.�'syr South of the Northeast corner thereof (said East lino atd� 6.d SubscriG•d and swc,rn to before me this t «lay \ _)1�\ dy� Notari, , �,lLt>7 pub!.t'C„t'ti. +--'� ,.n+ily.Muuu•w;,r., Ate t onuulssion Kxpt-c; !tit lr N,',1;R'f P.iSLIC M!NNcSOTA S. r f"nRvE R ;;[iUNTY �)•; � • � M; (:umrn�;s+on txpire5 June 29, 1982 >, A'.