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Ordinance - 83-22 - Hidden Glen - 08/25/1983
HIDDEN GLEN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-83 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 Planned Unit Development 5-83 District (hereinafter "PUD 5-83") , which includes R1-22, R1-13.5, and R1 -9.5 Zoning Districts. Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 16 1983, entered into between Derrick Land Company and the City of Eden Prairie (hereinafter "Developer' s Agreement") . The Developer's Agreement contains the terms and conditions of PUD 5-83, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings : A. PUD 5-83 is not in conflict with the goals of the Guide Plan of the City. i B. PUD 5-83 . 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 5-83, are justified by the design of the development described therein. D. PUD 5-83 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 hereafter in the Planned Unit Development 5-83 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. ,Y a 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 hereby adopted in their entirety by reference, as though repeated verbatim herein. a 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 7th day of June 1983 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of August. 1983 ATTEST: Jo a e, City ClerkW gan H. enzel , Mayor s PlZ ISHED in the Eden Prairie News on the 25th day of August, 1983 i Y y{]i� 4 tt P i j 1 i i i \.1 Exhibit A LEGAL DESCRIPTION OF PARCEL TO BE ZONED R-13. 5 That part of the West half of the Northwest Quarter of Section 6 , Township 116 , Range 22, described as follows : Beginning at the Southwest corner of said West half of the Northwest Quarter of Section 6 ; thence on an assumed bearing of North 00 degrees 07 minutes 05 seconds West a distance of 415 . 00 feet; thence North 89 degrees 25 minutes 57 seconds East a distance of 502 .90 feet; thence South 2 degrees 34 minutes 32 seconds West a distance of 215. 32 feet; thence North 89 degrees 25 minutes 57 seconds East a distance of 137 . 22 feet; thence South 00 degrees 07 minutes 05 seconds East a distance of 200.00 feet; thence South 89 degrees 25 minutes 57 seconds West a distance of 630 .00 feet to the actual point of beginn my . LEGAL DESCRIPTION OF PARCEL TO BE ZONED R-9. 5 That part of the West half of the Northwest Quarter of Section 6 , Township 116 , Range 22, described as follows: Commencing at the Southwest corner of said West half of the Northwest Quarter of Section 6; thence on an assumed bearing of North 00 degrees 07 minutes 05 seconds West a distance of 415 .00 feet to the actual point of beginning of the land to be described; thence North 89 degrees 25 minutes 57 seconds East a distance of 502. 90 feet; thence South 2 degrees 34 minutes 32 seconds West a distance of 215 . 32 feet; thence North 89 degrees 25 minutes 57 seconds East a distance of 185 . 28 feet; thence North 2 degrees 34 minutes 32 seconds East a distance of 217 .66 feet; thence East 20 . 02 feet; thence North 2 degrees 34 minutes 32 seconds East a distance of 134 . 10 feet; thence North 3 degrees 37 minutes 27 seconds West a distance of 277.62 feet; thence North 87 degrees 25 minutes 28 seconds West a distance of 35 . 00 feet; thence North 2 degrees 34 minutes 32 seconds East a distance of 345 . 02 feet; thence North 89 degrees 52 minutes 55 seconds East a distance of 169. 39 feet; thence Northwesterly a distance of 191 .84 feet along a non-tangential curve concave to the Northeast having a radius of 800.00 feet, a central angle of 13 degrees 44 minutes 21 seconds and a chord bearing of North 6 degrees 59 minutes 15 seconds West; thence North 00 degrees 07 minutes 05 seconds West a distance of 140 .00 feet; thence South 88 degrees 39 minutes 01 seconds West a distance of 470 .04 feet; thence South 84 degrees 19 minutes 37 seconds West a distance of 50 . 62 feet; thence South 89 degrees 52 minutes 55 seconds West a distance of 305 .02 feet to the West line of said West half of the Northwest Quarter- of Section 6 ; thence South 00 degrees 07 minutes 05 seconds East a distance of 1080 . 04 feet to the actual point of beginning . (Official Publication 3129) Hidden Glee, The following is the fall text of the City of Eden Prairie Ordinance No.22-0,which was adopted aril ordered published at a regular meeting of the City Following of the City of Eden Prairiece. he D et IS,loW-. Affidavit o f Publication Following the text of the ordinance.the Developer's Agreement,which is incorporated thereiti by Section 5 of the Ordinance.is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.22.83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLAC• ING IT IN ANOTH,E2"i.AMENDING THE LEGAL DEW-RIPTIONS CW lAkND IN EACH DISTR CT, AND. ADOPTING BY RiFFERENCE CITY CODE CHAPTER I AND SWIONiIM WHICH.AMONG State of Minnesota )OTHER THINGS, CONTAIN PENALTY PROVI- SIONS. (061'SL Pnx..V smaN 31Mvid uap3 at"u!pwmgtWd) N )SS. vat-),illa'arteJ3'4uwr •40poola County of Hennepin ) 9u!XU uo'aaiw7 aula-1 uaP3-V 1e pal"aftrIV I Ily it !PO s,�afPP(3 �l aaua�rl JonbrI aleg-U0 ue aol mq'saat&mS p ausaftwN moon Aq uonvagd a Stan Rolfsrud,being duly sworn,on oath says that he is and during all the time herein stated has been the publisher and dwainaapsluoao7(IeH A313 al-lilud uaP3 aql le•urd printer of the newspaper known as Eden Prairie News and has full knowiedge of the facts herein stated as follows:(1) 0C:L Is Slid*9•atu+ald;'S uo atgruH OMW a Ptog nd Said newspaper is printed In the English language in newspaper format and in column and sheet form equivalent in 11W at-wrid W"to Alfa ate Jo If�a Ilia au printed space to at least 1,200 square inches.(2)Said newspaper is a weekly and is distributed at least once a week.13) wLLON arland ex Said newspaper has 50%of its news columns devoted to news of local interest to the community which It purports to serve (Lttle uon*zngr►d TWPWO) and does not wholly duplicate any other publication and is not marle up entirely of patents,plate matter and adver- tr s tisements. (4 i Said newspaper is circulated in and near the municipality which it purports to serve,has at least 5M copies Gu lie - regularly delivered to paying subscribers,has an average of at least 75%of its total circulation currently paid of no more than three months in arrears and has entry as second-class matter in its local post-office.(5)Said newspaper purports to 009Vw a3 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 1V8 6 said county,established and open during its regi.lar business hours for the gathering of news,sale of advertisements and 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.(6)Said newspaper files a copy of each issue immediately with the State Historical Society.(7)Said 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 prior 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 hefore a 009V-K6 3` 0 a notary public stating that the newspaper is a legal newspaper. He farther states on oath that the printed. T ega T 31.29 1N3©,�3v .t� e _ _hereto attached as a part M hereof was cut from the colunuis of said newspaper,and was printed and published therein in the English language.once a3u n m a ejem n each week,for I successive weeks:that it was first so published onTh u nihe ?5 day of A V g t19$3and was thereafter printed ann published on every to and including the day of __ _,19._. and that the following is a printed copy of the lower case alphabet from A to Z.both inclusive•and is t•.ereby acknowledged as being the size and kind of type used in the composition and publication of said notice•to wit: abcdefghijklmnopc uvwxyz S[ 'la0 ao;Zas sT 7aafo.id ato;o uonald � -woo -uoaqua �(q 31Tnq Ailt;utBT.io seAe, `4eM 03Jaun UO3 Wl 3u MWJOI 'Pof -o.td aq.L aizTetd u9p3 uT But plTnq SM ---- -.Iaauptlq iMeS atp uo slausd ZseaaJd pajoInsut q-3uT-Zj ;o uoTpaaa pus Al � Subscribed and sworn to before me this cx� clay of � l9 X -ddns aqi palaiduloz)sell•aul 4UONNA JOJ a dw a pNNJN1I�►I��N�N�11�JlNJIN�: has sT u ubpT 3aafoad ayi;o uoT1 T o7•8tIau T �d r.+•+ C> vT! ; A. s�, ) _N uap3 2 ppe asaoga�ane,s >r�an l�s 2 �.-~�� TA -uoa Allua mid sr satoss Bnaa al8ea •i. ^'�,"`" ±irintjealo f rV ' Vr•• ` smau SSouISng Notary public ,;.t�o ty N My Conurntssion Expires 1 90 f mfil'St ls01V"aN a!ilsid uap-d am of Pailsllgnd i �{Jafl it!.,)41ndia 'uuwttiJaH AMWX ti.xmol A1!J asn to tapso Cg .paurifsuapun