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HomeMy WebLinkAboutOrdinance - 83-04 - American Baptist Homes - 07/28/1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY , MINNESOTA ORDINANCE NO. 4-83 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 . 99IMICH, AIONG OTHER THINGS , CON- TAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS : k 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 the land is included in the Lake Idlewild Planned Unit Development which was originally approved by Resolution 80-190 and { amended by Resolution 83-43 , and subject to that certain Developer' s Agreement entered into as of December 16 , 1980 , by and between Land' Sake Inc. and the City of Eden Prairie and amended by that certain Developer ' s Agreement-PUD entered into as of Apri l 19 1983, by and between Land' Sake Inc . and American Baptist Homes of the Midwest, Inc . , and City. This amended Planned Unit Development author- izes certain variances from Eden Prairie City Code Chapter 11 . Such variances include the following: S A. The use of wood for up to 50% of building exteriors. B . Setbacks of, 1. 20 feet from the right-of-way of U.S . Highway 169/212 for parking areas. 2 . 30 feet from the established outlet elevation 853 . 5 of Lake Idlewild for any building or parking area.. 3 . 10 feet from the right-of-way of West 78th Street for any parking area . Section 3 . That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office District. Section 4 . 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 Office 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 aceord:ingly. Section 5 . 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 6 . The land shall be subject to the terms and conditions of that certain Developer ' s Agreement dated as of Apri 1 19 , 1983 , entered into between Land' Sake Inc. and American Baptist Homes of the Midwest, Inc. , and City which Agreement is made a part hereof . Section 7 . 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 1st day of March . 1983 , and finally read and adopted and ordered published at 'a regular meeting of the City Council of said City on the _ 19th day of April 1983 . ATTEST: Joh D. ` - ane , City Clerk Wc� ga. H Penzel, Mayor BLISHED in the E3en Prairie Ncws on the 2$th day of July 1983 . -2- EXHIBIT A LEGAL DESCRIPTION AMERICAN BAPTIST HOMES CORPORATE HEADQUARTERS SITE P The North 350 feet of the East 250 feet of the Northwest Quarter of Section 14, Township 116, Range 22, except that part which lies Northerly of a line run parallel with and distant 75 feet Southerly of the following described line: From a point on the Vilest line of said Section 14, distant 29 feet South of the Northwest corner thereof, run Westerly at an angle of 90 degrees 31 minutes with said West section line (measured from North to West) for 171 .2 feet; thence deflect to the left at an angle of 13 degrees 04 minutes for 756.2 feet to the point of beginning of the line to be described; thence run Easterly along the last described course for 100 feet; thence deflect to the right at a 01 degree 00 minute curve (delta angle 13 degrees 04 minutes) for 1306.7 feet; thence on tangent to said curve to the East line of said Northwest Quarter and there terminating. g t i r ey I r 1 i i Official Publication 3092) CITY OF EDEN PRAIRIE HENNE:PIN COUNTY,MINNESOTA ORDINANCE NO.4-63 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICr AND PLAC- ING IT IN ANOTHER, AMENVING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, Affidavit■ ■of Publication AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH.AMONG OTHER THINGS, CONTAIN PENALTY PROVI- SIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA.ORDAINS: Section 1.That the land which is the subject of this Ordinance ihereinafter, the "land"1 is legally described in Exhibit A attached hereto and made a part hereof. EXHIBIT A LEGAL DESCRIPTION ) AMERICAN BAPTIST HOMES CORPORATE State of Minnesota HEAMUARI kM SITE \ The North 350 feet of the rAu t 250 feet of the Nor- )SS. thwest Quarter of Section 14,Township IN,-Range County of Hennepin ) A except that part which lies Northerly of a tine run parallel with and distant 75 feet Southerly of the following described line: Stan RoUsrud,being dui sworn,on oath says that he is and during all the time herein stated has been the publisher and From a point on the West lute off said Section ]4, g Y Y 8 distant 29 feet South of the Northwest corner thereof, printer of the newspaper known as Eden Prairie News and has full knowledge of the facts herein stated as follows: (1) run Westerly at an angle of 90 degrees n minutes Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in with said West section Fine(measured(roan North to printed space to at least 1,200 square inches. (2)Said newspaper is a weekly and is distributed at least once a week.(3; West) for 171.2 feet; thence deflect to the left at an Said newspaper has 511%of its news columns devoted 0 news of loca!interest to the community which it purports to serve angle of 13 degrees 04 minutes for 756,2 feet to the and does not wholly duplicate any other publication and is not made up entirely of patents,plate matter and adver- point of beginning of the lute to be descriWd;thence tisements.(t)Said newspaper is circulated in and near the municipality which it purports to serve,has at least 500 copies to run Easterly along the last described cvursle for regularly delivered to paying subscribers,has an average of at least 75%of its total circulation currently paid or no more 100 feet;thence deflect to the right at a 01 degree 00 than three months in arrears and has entry as second-class matter in its local post-office.(5)Said newspaper purports to minute curve Idelta angle 13 degrees 04 minutes)for serve the City of Eden Prairie in tt^County of Hennepin and has its known office of issue in the City of Eden Prairie in 1706.7 feet; thence on tangent to said curve to the said county,established and open during its regular basiness hours for the gathering of news,sale of advertisements and East line of said Northwest Quarter and there ter- sale of subscriptions and maintained by the managing officer of said newspaper,persons in its employ and subject to his RUCyO UI pcitsd�etut d�c �w.. ;l o,vilc.. direction and control during all such re star business hours and at which said newspaper is printed.(6)Said newspaper Ol s�auenbpeay ale�od�o7 )n0 Ul files a copy of each issue immediately with the State Historical Society. (7)Said newspaper has complied with all the law ll lied Aisi dwal Seta nleA ladng foregoing conditions for at least one year preceding the day or dates of publication mentioned below.(6) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,1976 and each January 1 thereafter an affidavit in P&VS 6 U l u aA3 g-Z the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a 1 3 W U 1Mi Vd notary public stating that the newspaper is a legal newspaper. ( AerunS auoydelel He further states on oath that the printed 1 eqa 1 3092 hereto attached as a part hereof was cut from the columns of said newspaper,and was printed and published therein in the English langua e,oncr •£B9 NW VXSe40 each week,for successive weeks;that it was first so published onThu rsthe _.28 day of`�u 1 Y1983 and I aullla2EH ON01 Oti£ was Lhereafur printed and published on every to and including the day of _ __,19_ and ilinit einueyy u0160id 931ei that the following is a printed copy of the lower cage alphabet from A to Z,both inclusive,and is hereby acknowledged as JNI W03 3unlVINI W •e being the size and kind of type used in the composition and publication said notice,to wit: (Uolspaid) JNIGNIUD .► (9A1J1SU8s) Al8W3SSd ., abcdefghijklmnopq sia410 'paiaplsuoo eq IIIM sluealld •Sall!unuoddo qof esa43 asoldxe of iana 4iom of 4a6 pue algepuedep we M0,16 a ul lUeWDOUBAP8 ul pal99.11a1 aaxo ane 4 no,t 11 'Ulew 41!M Pooh jo aaueJelol asolo pue sued clews 411m '!paw aAIllsuaS lojeonpojd a al9aM Y Subscribed and sworn to before me this `" day of �� - 19,,,.5- L/I. � S 'Peoa 118440SJBW LZ£ t+re�+,,.NSH..H:•....r.rr-�•�•,• 'r= N 4911eA eadofeig ��N ., n A. 1 qnd uegingnS 1semg1noS ,n,., , a :Ind�Avpsenl Bulutalruslul � {1`iodelr, Se�IW y wlsnw 'Q a osle ul-till awll pis 'r •nor cC' 1 eAV • dM Ols-Og jo 6uldAl slll)fs 6ullieds 's o06 �...r..•....•,.•, .... .,, P If!>!s sail{o Ie�au9� '�+'•Ct g /C2pUOW - loll Ued Notary public,My Commission ExpireselI( N �3H 3313A0 :. s;:rca .sc>rss N W 'aadwis4S 'uosli - -GBH 'S Slot 146n0i1nD:)W i 0 -S-S :ol edolanua padwels >r ;w s