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HomeMy WebLinkAboutOrdinance - 83-20 - Bryant Lake Office Tech - 08/25/1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-83 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 r 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. r k Section 2. That action was duly initiated proposing that the land be d removed from the C-Regional Commercial District and be placed in the Office District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the C-Regional Commercial District and shall be included hereafter in the Office District, and the legal descriptions of land in each 1 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 j that certain Developer's Agreement dated as of July 5 , 1983 , entered into between Welsh Construction Corporation, a Minnesota corporation, and the City of Eden Prairie, and that certain Owner 's Supplement Agreement, entered into between Hustad Development Corporation, a Minnesota corporation, and the City of Eden Prairie, which Agreements are hereby made a part hereof. a 1 S 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 17th day of May , and finally read and f adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of July, 1983 ATTEST: n . rane, City Clerk--W fgan H enzel, Mayor PUBLISHED in the Eden Prairie News on the 25th day of August, 1983 REPUBLISHED in the Eden Prairie Neaps on the 6th day of March 1985. (Official Publication 3228) Bryant Lake Office Tech Center The following is the full text of the City of Eden Prairie Ordutance No.20-0.which was adopted anJ ordered published at a regular meeting of the Oty Council g the City or Eden in Prairie e on July l 1M. er's Affidavit o f Publication Following the text to the Ordinance.the Developer's Agreement,which is incorporated therein by Section 5 of the Ordinance,is summarized_ CITY OF EDEN PRAIRIE HENNEPIN COUNTY.MINNESOTA ORDINANCE NO.20-0 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA. REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLAC- ING 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 PROVI- State of Minnesota SIONS THE CITY COUNCIL OF THE CITY OF EDEN )SS. PRAIRIE,MINNESOTA,ORDAINS: County o f Hennepin Section 1.That the land which is the subject of this Ordinance f hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Stan Rotfsrud,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 proposing printer of the newspaper known as Eden prairie.News and has full krowledge of the facts herein stated as follows: (1) that the land be removed from the C:-Regional Com- Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in mercial District and be placed in the Office District. prince space to at least 1,200 square inches.(2)Said newspaper is a weekly and is distributed at least once a week. (3) Section 3.That the proposal is hereby adopted and Said newspaper has 50%of its news columns devoted to news of local interest to the community which it purports to serve the land shall be, and hereby is removed from the and does not wholly duplicate any other publication and is not made up entirely of patents,plate matter and adver- t:-Regional Commercial D'.rict and shall be includ tisem 00 ents.�4�Said newspaper is circulated in and near the municipality which it purports to serve,has at least 5 copies ed hereafter in the Office Distrito, and the legal descriptions of land in each District referred to in Ci- regularly delivered to payin f sulaa<ribets,has an average of at least 754E of its Lola;circulation currently paid or no more ty Code.Section 11.03,Subdivision 1,Subparagraph than three months in arrear9 and has entry w second-class matter in its local postofficl.(5)Said newspaper purports to B,shall be,and are amended accordingly. 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 Section 4.City Code Chapter 1,entitled"General said county,established and open daring its regular business hours for the gathering of news,sale of advertisements and Provisiot3 and Definintions Applicable to the Entire sale of subscriptions and maintained by the managing officer of said newspaper,persons in its employ and subject to his City Code Including Penally for Violation"and Sec- direction and control during nll such regular business hours and at which said newspaper is printed.(6)Said newspaper lion 11.99. entitled "Violation a Misdemennor"are files a copy of each ic;ue urmtediately with the State Historical Society. (7)Said newspaper has complied with all the hereby adopted in their entirety, by reference, as foregoing conditions for at least one year preceding the day or dates of publication mentioned below.(8) Sald newspaper though repeated verbatim herein. has filed with the Secretary of State of Minnesota prior to January 1,1976 and each January I thereafter an affidavit in Section 5.The land shall be subject to the terms the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a and conditions of that certain Developer's Agree- notary public stating that the newspaper is a legal newspaper. cent dated as of July 5,1963,entered into between Welsh Construction Corporation, a Minnesota cor- poration.and the City of Eden Prairie,and that cer- He further states on oath that the printed I e9 a 1 3128 tain Owner's Supplement Agreement, entered loco between Hustad Development Corporation, a Min- hereto attached as a part nesota corp(,ration, and the City of Eden Prairie, which Agreements are hereby made a part hereof. hereof was cut from the colrururs of said newspaper,and was printed and published therein in the English language,once Section 6. This Ordinance shall become effective from and after its passage and publication. each week,for successive weeks: that it was first so published onT}IU r Sti 2,5 day of A,U9 .ig 83and FIRST READ at a regular meeting of the City was thereafter printed and published on every to and including the day of 19 _ and Council of the City of Eden Prairie on the 17th day of May, and finally read and adopted and ordered that the following is a printed copy of the lower caw alphabet from A to Z,both inclusive,and is hereby acknowledged as published at a regular meeting of the City Council of said City on the 5th day of July,1963. beiak the size and kind of type used in the composition and publication of said notice,to wit: ATTEST: John D.Frane,City Clerk Wolfgang H.Penzel,Mayor abcdefghijklmno tuvwxyz Summary of Developer's Agreement Lormce Addition l Developer will develop the land as described in Ex- hibit A which is attached to and incorporated in the Developer's Agreement.In addition,the Developer's Agranment pt'ovidls for: y ,r Td�bbatlRtiaeOfr; Subscribed and sworn to before me this day of 19 ing&adwed Peel me Awl a btdhr the oraith f, S. to dprN j � ���1 meat Plan for the fat�id:�"���t�'p , • �e1e�����:.�+"'''"� ` 4.Submission to Watershed District of storm sewer construction plans.Developer to follow the rules and n t• ; regulations of said Watershed District. ;; .� C �: !A 5. Submission of location for fire hydrants to the Nlpt:tiial' Nc-7,. Y Fire Marshall. 6.Developer's warranty of title to the land. 4 �... . 7. Construction and maintenance of public im- provements which are to be conveyed to the My as � well as preservation and rvatn.otcnarf.virrr.vr 91'[I-ZZ-9I1•[Z Notary public, r� j,Co,�y N [I [T•ZZ9Ii•TZ My Commission Expiresat.C. db 9[-I T'LZ•9i i-[Z ' 91-ii•oZ•9l1•LZ r'[-[i•ZL-91[•TZ 91-11-2Z-911-TZ ZI-11=111-TZ If-1i-M-911-IZ 01.11-M-911-TZ WIT-U-911-IZ 9ff1T-ZZ'911•TZ IA-tva-91t-1Z 9Pi t-a-91 t-TZ tht 9D-iT•ZZ-91[-[Z �x� te►-t A Leal Description Outlot C, and that part of Ou t1Qt B. Bryant Lake Center lying Southeasterly of a line described as follows: Commencing at the most Northeasterly corner of said Outlot B, thence on an assumed blaring of South 38 degrees 25 minutes 08 seconds West a distance of 284.54 feet to the point of beginning of the line to be described; thence North 51 degrees 34 minutes 52 seconds West a distance of 186. 18 feet to the Easterly* rig ht-of-way line of Market Place Drive and there terminating. And lying Easterly of a line described as follows: Commencing at the most Southerly corner of Outlot 8; thence on an assumed bearing 3 of North 73 degrees 18 minutes 34 seconds West along the Southerly line of Outlot B, a distance of 510.00 feet to the point of beginning of the line to be described; thence North 16 degrees 41 minutes 26 seconds East a distance of 211 . 91 feet to the Southerly right-of-way line of Market Place Drive, and there terminating. (Official Publication No.38211 ; Bryant Lake Office Tech Center The following is the full tact of the City of Eden Prairie Ordinance No.2D-U which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on July 5.1963. Following the text of the Ordinance,the Developer's Agreement,which is incorporated therein by Section 5 of the Ordinance is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY.MINNESOTA ORDINANCE NO. IT Affidavit of Publication AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA. REMOVING CERTAIN LAND FROM ONE TONING DISTRICT AND PI.AG Eden Prairie News ING 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 PROVI- SIONS 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 c� Ordinance (hereinafter, the "land") is legally )SS. described in Exhibit A attched hereto and made a part hereof. County of Hennepin ) Section 2.That action was duly initiated proposing that the land be removed from the C-Regional Com- mercial District and be placed in the Office District_ Mark A . Weber being duly sworn, an oath says that he/she is the publisher or Section 3.That the proposal is hereby adopted and authorised agent and employee of the publisber of the newspaper(mown as the Eden Prairie News,and has full the land shall be,and hereby;s removed from the knowledge of the facts herein stated as follows: C-Regional Commercial District and shall be includ- (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as pro- ed hereafter in the Office District. and the legal vided by Minneenta Statute 331A.02,331A.07,and other applicable laws,as amended. descriptions of land in each District referred to in Cl- ty Code,Section 11.03,Subdivision 1.Subparagraph (B)The printed_-�1k2Ao,„ IVn _ 2a-8 3 _— B.shall be,and are :mended accordingly. - ---- - Section 1.City Code Chapter 1,entitled"Genera! ---.--- -.-- - - ------___-- _ Inereto atgach-d as a part Provisions cad Der"mitions Applicable to the Entire City Code Including Penalty for Violation"and Sec- hereof was cut from the columns of said newspaper,and was printed and published once each week,for O 11C suer tirn 11.99,entitled -Violation a Misdemeanor"are hereby adapted in their entirety, by reference,as cessive weeks:that it was first so published on Wed th,, 6 day of Ma r.19 5and was thereafter printed and though repeated verbatim herein. Section 5.The land shall be subject to-he terms published o►every___to and including the_--day of`_,19d_and that the following is a printed and conditions of that certain subject eloper Agree- ropy of the lover case alphabet from A to Z,both inclusive•and is hereby acknowledged as being the size and kind of type ment dated as of July 5, 2983,entered into between used composition and publication of said notice'kl wit: Welsh Construction Corporation. a Minnesota car- potation.and the City of Eden Prairie,and that cer- tain Owner's Supplement Agreement, entered intol' �/ between Hustad Development Coro•ation, a Min- B _ %/. /zl �G L nesots corporation, and the City of Eden Prairie. y' which Agreements are hereby made a part hereof. Section 6. This Ordinance shall become effective Title: Pub1 i shel' & Editor from and after its passage and publication. _-`- FIRST READ at a regular meeting of the City Subscribed and sworn to before me on ;�n^,,��^u�^emu nnnnnM• Council of the City of Eden Prairie on the 17th day of !'E c( May and finally read and adopted and ordered 6 Ma rch 5. published at a regular meeting of the City Council of thra._._----daYot--. -- -_•190-- y ;;, AR; PUBLIC - MINNESG(;+ said City on the 5th day of July,1983. __ _ _ __ k.'•` SCOTT COUNTY John�D.Frane Wolfgang H.Penzel Notary Public My Commission Expires May 7, 1986 City Clerk Mayor ear st (Published in the Eden Prabie News on August 25. 1983.) EXHIBIT A : Legal Description: ) ` Outlot C,and that part of Outlot B.Bryant Lake -- —_ - Center lying Southeasterly of a line described as follows: RATE INFORMATION Commencing at the most Northeasterly corner of said 38degr lot B,degrees themince on ons09s assauncoeds saring of distaSouth of � Lowest classified rate paid by commercial users for comparable space.$6.00 per column inch M degrees 25 minutes M seconds West a distance of 284.54 feet to the point of balliapARg of,tla Um to be Maximum rate allowed by law for the above matter............ . ...... .$4.16 per column inch descrlbsnl; Bosco Nanr!!s sl X mMlamltes 52 Rate actually charged for the above matter.... ... ... ......... . ...... .$4.16 per column inch sex.•ards West a dl"we of lil6.T tm to die meagerly right-at-way line of Marlist Place Drive andythefe. And lyitng gasdarly of a Me til I III iss Commmming at In rnaaat BedlAeprty JtE Outlot B;thence on an assumed bearing of North 73 degrees 18 minutes- 31 seconds West &IM the Southerly line of Outlot B,a dlatance of$10.00 feet ton the point of beginning of the line to be described; thence North 18 degrees 41 minutes 26 seconds East a i distance of 211.91 feet to the Southerly right-of-way line of Market Place Drive•and there terminating. (Published in the Eden Prairie News March 0,1965.)