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HomeMy WebLinkAboutOrdinance - 83-16 - Dellwood - 06/16/1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 16-83 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 R1-13.5 District and be placed in the R1-9.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-13.5 District and shall be included hereafter in the R1-9.5 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 �w 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. s Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of June 7 1983 entered into between Dellwood Associates, a general partnership, 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 3rd day of May, 1983 and finally read and adopted and ordered punished at a regular meeting of the City Council of said City on the 7th day of June, 1983 i ATTEST: Jo D. ne, City Clerk Wo gang enzel, Mayor BLISHED in the Eden Prairie News on the 16th day of June . 1983 _ REPUBLISHED in the Eden Prairie News on the 6th day of June, 1984. z Exhibit A REZONING TO RI-9.5 That 1wirt of the Northeast Quarter of the Southwest Quarter of Section 6, Township 116, Range 22 West of the 5th Principal Meridian described as follows: Beginning at the northeast corner of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 26 minutes 13 seconds West, along the north line of said Northeast Quarter of the Southwest Quarter, a distance of 916.04 feet; thence South 18 degrees 03 minutes 47 seconds East a distance" of 308.0 feet; thence South 82 degrees 36 minutes 13 seconds West a distance of 193.00 feet; theme South 7 decrees 23 minutes 47 seconds East a distance of 116.71 feet;''thanre -,switherly, a distance o� 238.72 feet, along a tangential curve concave to the west having # radjgs of 945.44 feet and a central angle of 14 degrees 28 minutes 02 seconds; thence - h. : T•degs**s 04 minutes 15 seconds West, tans nt to said curve, a disto" of 200.?0 ,;'act;,' thence southerly, a distance of 122.39 feet, ai a tangential curve conca" :gip. that7epst waving a radius of 255.00 feet and a central angle of 2i degrees 30 minutes.`061ptands; 'theme southeasterly, a distance of 117.0 feat, along a compound curve having a radius of 145.00 feet and •at central angle of 46 degrees 30. *1 ate •':q =Ws; thence easterly a. distance of 131.25 fiat, along a coapour►d curve egnesww••�,DOa� `'.•psorth• having a radius of 320.00 feet and a central• •'arngle of 23 dWees-'•,30, , ' s; th!m* North 89 degrees '34 minutes 15 -swuvrAs East, tangent to tine' lasts , F=curve, a distance of 31.00 feet; Thence }asterlY, a di stance of 125.8�/ a ial curve concave,-. feet,�;:. to the north 'having &'ratidius of 210.00 feet and a cente+pl:. dl° �I� degrees 20 mintP**►sw ­ a� �. 00 secovos,; th. .5i 14 minutes 15 � t � the described ew ey; �s�, .40 fs�"t, thence South : la mutes 16 sezoNds West a distance,off feat, to the 'south lift r.OV Quarter of tine Southwest Quarter; thance Norrth '69 degrees: 34 awinut+es `!'. East. along said south line, a distance of 546.06 "feet, to the southeast cornea of`••Sai ��krtheast Quarter of the Southwest Quarter; thence' NNorth' 0 degrees 41 minutes 31 3l0ogdt,fit .•along the east 1 i ne of said Northeast Quarter of the Southwest Quarter, a distance d `'13�57 test, to the point of winning. MI 7 - Th _Re 3 - 'tN otter/91 �iwest _" , ip 16 h, 1�est" "tie _..p diem S . ens sec r p at nLOCH at a # ribed s o : . eg ing t the ' s car r of sai r p1 the east, long h asteg ly ext on _a h ine f, aid p 1 eet; hence h, a ' a rig ap 1e_ o-sad fir_ xtern iM, a st f thence e t, at/a r-i ang1Te ance f 11 .00 f , to'ffi� . _" Order o 1, Block ? i sal p1a ; thence t_ , -a - h east 1 n of said of a dirt n of 200.00 met, t. th point of- gi ing. 33� A (Official Publication 3W5) Del wood The following is the full test of the City of Eden Prairie Ordinance No. 1640, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on June 7, 190.Dev Following the test of the Ordinance, the Dev Affidavit of Publication eloper's Agreement, which is incorporated therein by Section 5 of the Ordinance,is sumrrtariz- ed. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.16-83 AN ORDINANCE OF THE CITY OF EDEN t PRAIRIE. MINNESOTA.REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE v LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 11.99 State of Minnesota )WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. )SS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE.MINNESOTA,ORDAINS: County of Hennepin ) Section 1. That the land which is the subject of this Ordinance(hereinafter.the"land") is legaly described in Exhibit A attached hereto and made a part hereof, Stan Rolfsrud,being.duly sworn,on oath says that he is and during all the time herein stated has been the publisher and Section 2.That action was duly initiated propos- printer of the newspaper known as Eden Prairie News and has frill knowledge of the facts herein stated as follows: (I; ing that the land be removed from the R1-13.5 Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in District and be placed in the RI-9.5 District. printed space to at least 1.200 square inches. i 2 i Said newspaper is a weekly and is distributed at least once a week. (3) Section 3. That the proposal is hereby adopted Said newspaper has 5011,of its news columns devoted to news of local interest to the community which it purports to serve and the land shall be,and hereby Is removed from and does not wholly duplicate any other publication and is not made up entirely of patents,plate matter and adver- the R1-13.5 District and shall be included hereafter tisements.(4)Said newspaper is circulated in and near the municipality which it purports to serve,has at least 500 copies In the R1-9.5 District.and the legal descriptions of i regularly delivered to paying subscribers,has an average of at least 75%of its total ci.culation currently paid or no more land in each District referred to in City Code,Sec- than three months in arrears and has entry as second-class matter in its local post-office.t5)Said newspaper ptuporu to lion 1t.03,Subdivision 1,Subparagraph B,shall be, serve the City of Eden f'rairte in the County of Hennepin and has its known office of issue in the City of Eden Prairie is and are amended accordingly said county,established and open during its regular business hours for the gathering of news,sale of advertisements and Section 4,City Code Chapter 1,entitled•'C,eneral sale of subscriptions and ma intained b y the managing officer of said news Provisins and Definitions Applicable to the Entire P 5 n K Paper,persons i its employ and subject to his City Code Including Penalty for•Violation"and Sec- direction and control during all such regular business hours and at which said newspaper is printed.f6)Said newspaper Linn C!la nn ludic•PerWinn a Violation" mia e,.n files a copy of each issue immediately with the State Historical Society. (7):'aid newspaper has complied with all the 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 pn,)r to January 1,1976 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that Lhe newspaper is a legal newspaper. lie further states on oath that the printed 1 f•r 0 1 3035 ,I Io 43nos ISM 691. 'AMH hereto attached as a part hereof was cut from the cotunins of said newspaper,and was printed and published therein in the English language,once each week.for 1 successive weeks: that it was first so published on' ,`tU r Sthe �6 day ofJ Ull.e19 83 and was thereafter printed and published on every to and including the day of _ ,19 and e Jo; AeM 1e3.16 a that the following is a printed copy of the lower cask-alphabet from A to Z,both inclusive,and is hereby acknowledged as I ley; s.leaA a4110 ilnp J(EQ S,�a41e� being the size and kind of type used m the composition and publication of said notice,to wit: e Ind 6VU 3Nnr atxdeEgni;kln�,oFgisturr� yz .f� 7 y > Subsrritxd and sworn to before me this /C day of �,L'�� 19U_J + 11� ItttsakSc�14 .., .A r. • 4a.�01�J�NNf+^N:dIAII If i�1IIdIMIMIt1'II1� /"�.���� Notary public, /7 Coygty N My Commission Expires ,,c (Official Publication No.3/94) r%.$, We/ i len -ONI 'S31a01VbOgV1.000MH 3y 1 t6L-LE6 'seu+oVl uAlaA3 Ilwo 'tti , S31 • Auedwoo poop snId Peppe ue 's lep!o O/pue*l;lluslos 431M AllJellfuJe3 •sun ,ado a wdMog lssal ie adAi o3 A111 3 lootlos 4B14 aq tsnn-swewuedep Bulsno pus 'uollonpoid 'toiluoo Alllsnb 941 jo; tlajoes wjoHad of pepeou tieiasoes o1385JatN N AUV13a33S F: E Affidavit of Publication Y j*Aoldwe Allumpoddo Ion" 8l£95 NW 'eM8e40 y )lied Ieuisnpul ueyleuor a ejumojonu State of Minnesota *s18d 'JalawlloH auAeM of Aldde pino4s )SS. Auedwooa41 of sJo11sIA lslsse pue iaeJB CdCounty Of Hennepin at A3111ge'wdmSe wnwlulw a BdAI of 1111Ige'b y enne p 5uldAl/leopelo jo s4tuow g wnwlulw :slue 'jaBsusw lauuosied a41 Aq peloolDlIP leuuosied swjo;jad .Ilew setnoi pus s3uoT MarkA. Weber olldeoai Auedwoo -e4j se sloe `uosued publisher or authorized .being duty sworn,an oath says that he/she is the )3 site*sloailp pus sedessew seXal`SIIeO 81, agent and employee of the publisher of the newspaper known as Eden Prairie News,and has full %sue 'pJeog4.tlMs Auedwoo a41 seleject knowledge of the facts which s.v state below: 'Asnlll):apnloul sailn0-joleiado pjeog404lft (A)The newspaper has complied with all of the requirements constituting Qualification as a legal newspaper,as pro- ej a Jo; Buluedo slelpouswl us se4 'oul 'a1El' vided by htinneaaa statutes 331.03,331.08,and other applkabit laws. uZ1/uoouZl oE•tue :L -suotzued Z-Pa,e4 c s qo (8) The printed - Ordinance No. 16-8----- - ---- 3' Del lwoo ------ -d_ . - -- ------- — - - wdo£:l,-weg- uosied I -swil IIrf e _ 1:101va3d0 tlaVosNOlIMS/1SIN0I1d3Oy _ Official Publication No. 3494 which is attached was cut fmm the columns of said newspaper,and was prinfad and publW,ed once each week,for ,tie.ae�wriwsv.�a.w�swm+Nbr+sw /' , tacvs� ^41 [_successive weeks;It was first published on_�/@�,--•--,the 6 d& ol ,J r __un€_.lY. 84,area If was thereafter printed and pubUshed on every _.—_-- to and including -.-. ---•- the _—__ day of AlddV Ol 039van00N3 N3IN V N3 WC li__,Printed below Is a alpl abot from A to X soft Inclusive,wNch is hereby 'OLV 'lxa 'OVOV-810 :IleO lu8u,luioc : copy of the lower case ew.to;ul a�Ow JO_A •IuaWuo�IAua VOM jusse+ aekcowledged as befog the else said kind of type used in the t osnpalUoa and pubUcaeka o(tl►e notice ?M aAl3l10dwoo 'Sjl;suaq luelleoxe Sje;;o I abcaefghijklrmopgrouvwsys •Aspljd•AspuoW 'wdog:v-w� ,a;ejd souspedxe.Ltjo I Niel*Bulddlts•alq wojd aq •.sql Og 1111 o;elge eq 'wdm(W adAa Isnw selspipusto,pelillen0'siopio*Ilseu,OF i 7 alul 1111 V sluewnoop 6utddl4s edAt of IenO By: --- uaw3.,edep Buldd149 ino ul Buluado ewl3 Ilni Title: Pub 1 i 5 he r d i to r us 9ns4 8M 'silx !sal 014sou0e1p se,tn AuedwoO olillUsIOS Ps=Ilelaads s sl NW310 JNIddIHS Subscribed and sworn to before me on this_6—_day of June- sluoasM -oul 'Atip l e)let><SeM jaBeueW seleS 'Mvlgnner'lj Auol 1180 � f +Plluoo 390401Jls ul Platt smalAialul-e9,1e S143 _-- -=-��•--- ?dSej Pus eA1898,165e 3sOw 04110 auo ulol o ��ry u !o 941 pus awnoo jno4 0£ tail; 841 jo; uoll' sslwwoo dot .ia;lo GM 'alAisekli JIeUl aAM 1e43 saatjeis•;laq jo; Buplool pus Bulpuedxs 01 OJISap 844 411m uOsJed 941 JOI Is jB puewejl say eats uegpngns Isem4in dv 91e183 I••a Peoueped)(3 T MON .w.. JNIM31Ab31N1 MON PHYLLIS A. KRAMER NU1hRY PUBLIC; -MINNESOTA !:�COTT COUNTY �. ... Mr C­*m,ss,ort EAP,res May 7,IBM 10,00PPOPPI. Y