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HomeMy WebLinkAboutOrdinance - 83-15 - Factory Outlet - 02/15/1984 - �12nar:�o CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. I5 -83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZONING ON CERTAIN LAND AND CREATING A PLANNED UNIT DEVELOPMENT DIS- TRICT FOR SUCH LAND, 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 a n 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. F Section 2 . That action was duly initiated proposing that the land be removed from the Rural District and be placed in the C-Reg- Ser-Planned Unit Development 1-83 District (hereinafter "PUD 1-83"' ) . Section 3 . The land shall be subject to the terms and conditions of that certain Developer ' s Agreement dated as of May 17, 1983, entered into between -Ihmcon Corporation and the City of Eden Prairie (hereinafter the "Developer ' s Agreement" ) , and that certain Owner ' s Supplement dated as of May 17 , 1983, entered into between Menard ' s, Inc . , and the City of Eden Prairie (hereinafter the "Owner ' s Supplement" ) , both of which are hereinafter referred to as the "Agreements . " The Agreements contain the terms and conditions of PUD i-83. Both of the Agreements are hereby made a part hereof. Section 4 . The City Council hereby makes the following findings: A. PUD 1-83 is not in conflict with the goals of the Guide Plan of the City. B. PUD 1-83 is designed in such a manner to form a desirable and unified environment within its own boundaries . C . The exceptions to the standard requirements of Chapters 11 and 12 of the City Code , which are contained in PUD 1-83 , are justified by the design of the development described therein . D. PUD 1-83 is of sufficient size, composition, and arrangement that its construction , marketing_ , and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5 . The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included I hereafter in the C-Reg-Ser-Planned Unit Development 1-83 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 6 . 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 4 hereby adopted in their entirety by reference, as though repeated verh^tim herein. i 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 3rd day of May, 1983 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of May , 1983 . ATTEST: . Frane , City Clerk ^1f gOH . Penzel, Mayor /:B1LI,."1ED in the Eden Prairie News on the 15th day of February , 1984. -2- 3/10/83 EXHIBIT A PROPOSED REZONING DESCRIPTION ALL THAT PART OF OUTLOT D & E AND PLAZA DRIVE AS PLATTED IN MENARD ADDITION AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA* LYING EASTERLY AND NORTHEASTERLY OF LINE 1 AND ITS NORTHWESTERLY EXTENSION AND LYING NORTHWESTERLY AND NORTHEASTERLY OF LIME 2. LINES 1 AND 2 ARE DESCRIBED BELOW: LINE 1 : COMMENCING AT THE MOST SOUTHERLY CORNER OF OUTLOT F OF SAID MENARD ADDITION AND THE SOUTHWESTERLY LINE OF SAID OUTLOT F HAS AN ASSUMED BEARING. OF N 45000'00" W; THENCE NORTHEASTERLY A DISTANCE OF 78.07 FEET, ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PLAZA DRIVE, AND ALONG A NON TANGENTIAL CURVE, CONCAVE TO THE NORTHWEST.- HAVING A RADIUS OF 789.61 FEET, A CHORD BEARING OF N 51052'40" E, AND A CENTRAL ANGLE OF 5 53'20"; THENCE S 4110410011 E, NORMAL TO LAST DESCRIBED CURVE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING OF LINE. 1 TO BE DESCRIBED; THENCE NORTHERLY A DISTANCE OF 541 .02 FEET ALONG A NON TANGENTIAL CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 330.00 FEET, A CHORD BEARING OF N 1 58-00" E. AND A CENTRAL ANGLE OF 93056'00% THENCE N 45000'00" W. TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 634.28 FEET; THENCE NORTH- ERLY A DISTANCE OF 258.32 FEET, ALONG A TANGENTIAL CURVE, CONCAVE TO THE EAST HAVING A RADAIUS OF 350.00 FEET AND A CENTRAL ANGLE OF 42017'17"; THENCE N 2042-43" W, TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 45.63 FEET; THENCE NORTHERLY, A DISTANCE OF 132.65 FEET ALONG A TANGENTIAL CURVE, CONCAVE TO THE WEST HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 20PO0'O0"; THENCE N 22 42143" W, TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 49.56 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SCHOONER BLVD., AS PLATTED IN SAID MENARD ADDITION, AND THERE TERMINATING. LINE 2: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID OUTLOT E; THENCE N 31000-34" E. BEARING ASSUMED ALONG THE SOUTHEASTERLY LINE OF SAID OUTLOT E A DISTANCE OF 25650 FEET TO THE POINT OF BEGINNING OF LINE 2 TO BE DESCRIBED; THENCE N 000'00" W, A DISTANCE OF 192.00 FEET; THENCE S 45 00'O0" W, A DISTANCE OF 154.87 FEET TO SAID LINE 1 AS DESCRIBED ABOVE AND THERE TERMINATING. t i Official Publication No CITY OF EbEN PRAIRIE Affidavit of Publication E HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.15-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZON- ING ON CERTAIN LAND AND CREATING A PLANNED UNIT DEVELOPMENT DISTRICT FOR SUCH LAND,AMENDING THE LEGAL DESCRIP- TIONS OF LAND IN EACH DISTRICT. AND. ADOPTING 'BY REFERENCE CITY CODE (MPTER 1 AND SECTION 11.99 WHICH.AMONG )SS. OTHER THINGS, CONTAIN PENALTY PROV I- County of Hennepin SIONS THE CITY COUNCIL_ OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Settirn 1.That the land viihich is the subject of this Mark A. Weber beingdui sworn, on oath says that he/she is ilia Or+dlnance 11-.,reinaRer, the •land'•1 is legally y' S' described as:All that part of Outlot D 6 E and Plaza publisher or authorized agent and employee of the publisher of the newspaper known as Eden Prairie News,and has full Drive as platted in Mastoid Addition and of record in knowledge of the facts which are state below: the Office of the Cotmty Recorder,Hennepin County, (A i The newspaper has complied with all of the requirements constituting qualification as a legal newspaper,as pru- Mliutesota,lying Easterly and Northeasterly of Line vided by Minnesota Statutes 331.01,331.06.and other applicable laws. 1 and its Northwesterly Extension and lying Nor- thweA, lu"Juru"i routs d 2 are ([3) The printed Ordinance No. 1 rj-$3 descrll 'afllM yJOM'Cuorl�adgur Qa•NoAur YJoM gwwooid,ue,t Ili, a.uoq.o.e.o.o pug.V.d H'W oulluawaidwr pug ouluois of oa U30VNVW NOI1V11118VH3li JNl Official Publication No. 3309 Southi bearbr 4 enn ,e N which is attached was cut from the columns of said newspaper, and was printed and published once each week,f and ti.2ct throes AGAOldtu3 Al un ing ofodd Line 1 ce+ttr >wSSS NW �eNleJd t e 3 u ) successive weeks; it was first published on Wed • the � S t hday of Feb . •19 8'4,and then Poob Me1A AellwA OV9LL to lea '�N� �S3aOls►1�S Nnwas thereafter printed and published on every to and including the day of point L L9"as.lieo pals tadNortl00 QUI�JOM g slllaveq lualleoxe Je;jO eM or .19 Printed below is a copy of the lower case alphabet from A to Z.both inclusive,which is hereby ►W '934J81iedXe AS)l OL V Ailue e e facknowledged as being the size and kind of t used in the composition mil 411M IgnPJAlpul ue J01 Buluado p yl>< position and publication of the notice: � e eIp6U dear d01vm3do AUJLN3 V1 abcdefghiiklnino V n pgrstuvwxyz de No cur'% SL/Lq feet ssaulsn8 juopuadepul jo •ussb liy:.riue: �� /) w ZZtO tab'SIJlwd u903 u1 peisool •w Editor �� Pub 1 i s h e r to _ PUOyy 'SUAJ Sled Sueueuuad R►a1e e, to uado ejelPewwl aRe4 1J1. 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