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HomeMy WebLinkAboutOrdinance - 83-02 - Towers Addition - 04/08/1983 C CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1 . That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District and the RM-6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District and the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11 .03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1 , entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11 .99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 15, 1983 entered into between T. Michael and Pa-cricia Carmody, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the llth day of January, 1983 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of March, 1983 ATTEST: { John —.fir y er o ang nze , Mayor PUB'ISHE in the Eden Prairie News on the 8th day of April 1983 '~ Exhibit A LEGAL DESCRIPTION .PARCEL 1 The single family area of the Towers Addition is described as follows: (R1-13.5) Beginning at the.Southwest corner of Section 15, Township 116, Range 22; thence North 00 degrees 43 minutes 05 seconds West, on an assumed bearing along the West line of said Section 15 a distance of 375- 37 feet; thence North 89 degrees 44 minutes 53 seconds East a distance of 160 . 21 feet; thence on a curve concave to the Sout`hwest (having a central angle of 47 degrees 43 minutes 01 seconds, a radius of 323 .93 feet, a chord distance of 262. 05 feet, a chord bearing of South 66 degrees 23 minutes 37 seconds y T.ast), a distance of 269 .78 feet to the actual point of beginning of the parcel to be -described; thence continuing on a curve concave to the Northeast (having a central angle of 47 degrees 43 minutes a 01 seconds, a radius of 242 . 54 feet, a chord distance-of 196 . 21 feet, a chord bearing of 66 degrees 23 minutes 37 seconds East) , v a distance of 202. 00 feet; thence North 40 degrees 25 minutes 03 seconds East a distance of 13S. 00 feet; thence North 34 degrees 00 minutes 00 seconds West a distance of 165 . 00 feet; thence ; South 49 degrees 00 minutes 00 seconds West 175. 00 feet + to the point of beginning and there terminating . PARCEL 2 The quad area of the Towers Addition is described as follows : (RM 6.5) South half, Southwest Quarter, Section 15, Township 116, Range 22 West, lying north of Deer Creek excluding the following: Beginning at the Southwest corner of Section IS, Township 116, } Range 22; thence North 00 degrees 43 minutes 05 seconds West, on an assumed bearing along the West line of said Section 15 a s distance of 375 . 37 feet; thence North 89 degrees 44 minutes. S3 seconds East a distance of 160 . 2j feet; thence on a curve concave to the Southwest (having a central angle of 47 degrees 43 minutes 01 seconds, a radius of 323 .93 feet, a chord distance of 26.2 . 05 feet, a chord bearing of South 66 degrees 23 minutes 37 seconds y East), a distance of 269 . 78 feet to the actual point of beginning of the parcel to be described; thence continuing on a curve concave to the Northeast (having a central angle of 47 degrees 43 minutes 01 seconds, a radius of 242 . 54 feet, a chord distance of 196 . 21 =° feet, a chord bearing of GG degrees 23 minutes 37 seconds East) , a distance of 202. 00 feet; thence North 40 degrees 25 minutes 03 fi seconds East a distance of 135 . 00 feet; thence North 34 degrees �. •00 minutes' 00 seconds West a distance of 165. 00 feet; thence ' South 49 degrees 00 minutes 00 seconds West 175.00 feet + to the point of bog inning and there terminating . 1 (Official Publication n6l) The following is the full test of the City of Eden Prairie Ordinance No.2-0.which was adopted and ordered published at a regular meeting of the City Council of the CRY of Edon Prairie on March 15, IM. Following the teas of the Ordinance, the Developer's Agreement, which is incorporated 'ret'ein by Section 5 of the Ordinance,is MENPWJW . Affidavit of Publication ORDMUVCX NO.$a AN CHIJAffCE T!T$ CM CW '-MA too > f9iS1'R1C!' AND BLAt ,ff1i ANOTHER. AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT.AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.W WHICH, AMONG OTHER THINGS. CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: State of Minnesota Section 1.That the land which is the subject of this Ordinance(hereinafter.the*'land")is Lvally )SS. described in Eshibit A attached hereto and made a part hereof. County of Hennepin ) Exldbit A Parcel 1 The single family area the Towers Add flan 18 Stan Rolfsrud,being duly sworn,on oath says that he is and during all the time herein stated has been the publisher and described as follows: (Rl•-1 13.5) printer of the newspaper known as Eden Prairie News and has full knowledge of the facts herein stated as follows: (1) Beginning at the Southwest corm of Section 25. Said newspaper is printed in the English language in newspaper format and in rolumn and sheet form equivalent in Township 116,Range 22;thence North 00 degrees 43 printed space to at least 1,200 square inches.(2 t Said newspaper r is a weedY and is distributed at least ono week.(31 minutes 05 seconds West,on an assumed bearing alonj the West line o,tait r,� �S�l -.P Said newspaper has 50y6 of Il+news column devoted to news of focal interest to the community witch it purports to serve r-�- -vr'a ""YY3S and does not wholly duplicate any other publication and is not made up entirely of patents,plate matter and adver- )eoU 11e43SJBw 098 Urements. (4)Said newspaper is ci•-culated in and near the municipality which it purports to serve,has at least 5W copies reg+ciarly delivered to paying subscribers,has an average of at least 75%of its total circulation currently paid or no more �1S3 3 a I ST 1 H than three months in arrears and has entry as second-class matter in its local post-office.(5)Said newspaper purports to serve the City of Eden Prairie in the County of Hennepin and has its known office of issue in the City of Eden Prairie in 1 ON said county,established andopen:during its regular business hours for the gathering of news,sale of advertisements and v sale of subscriptions and maintained by the managing officer of said newspaper,persons in Its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed.f6)Said newspaper files a copy of each issue rnunediatety with the State Historical Society. 17)Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below.(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,1976 and each January 1 thereafter an affidavit in -ZgV'Ja{ the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a IBUJ notary public stating that UP newspaper is a legal newspaper. X01. 9/1p4 169Z'V£9(9 LL) !�Mdail{ Loas 1M'Gu1B10 AM v161 ne3 "IS AUOISMa S OLL � He further states on oath that the printed legal 2961 s£l5'SVV ''O0 tuawa6euBiN jaqBng /� 'Sos JaWJ6� Jo BL "Ipl► tie attached as a part 1a OM d8 Z U0J694 pUBIIOd :308IU0 I hereof was cut from the colunms of said newspaper,and was printed and blished therein in the English langua a once 3df3S stosYuuln 10"01194S each week,for t successive weeks; that it was first so published on'hu r5 I the 7 day ofAP.r'190.5 and VJOUJ I S.LN3WIiHVdV 30V11lA was thereafter printed and published on every to and including the __.day of __ ._ 19 )IS • 1 olpwt4 a1V r W0 iame t ao C9 ear that the following is a printed copy of the lower case:ii habet from A to Z,both inclusive,and is hereby acknowledged as M aWOU suce'sea pMHPen g P p. P Y g WOOki o)wea OUNWA A11109't:nafo+d s uofWy tuewpods wooapes t being the size and kind of type used in the compo rtion and publication of said notice,to wit: :01 3.UOM IN3V Hod ,4 a> 1 4k8 Znado abcdefghijklmno➢grstuvi9xyzmi� ✓ rt jdV•NW uopusis 5169-CLV a3S 'e9js , 3 E - (V) Subscribed and sworn to before are this day of J-� � 2e-f 19 9 '9 } BJIxe3Xa 'uoa lc, lw �+ ..�.��J,.!1I d I1/III�11�/•"Ild1 a"'Glop ( n. 1. v ; aAjp pue ►lq • t `8dU8J a I� (Nptaris�Seal. . y ± pelBulMs �Y._9" :119V MY C. 1'r� H OLXVLra,�w+ir..�as.�ias�r�aM�r.• ��f:.. . 5069•LVV elgellene C�CZ roll HIM 08H eseeid Sled ON Notary public. ,� o ty, 'I8OX3 •eaje otuaid '8n3egJeq '01W, My Commission Expiree rlr 19 L'lnaU 4PM peledjeo Allni '90je-1. 1SIMIUO SWOONta38EeZ,t jad om$ ,'sJow V IUOJ 331JA 1 U01N L/6 uopueje ..,IDNIVad:10 MON uo ueW U3113S 09tt'St•*U04d i V .-