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Home My WebLink AboutOrdinance - 83-23 - Northmark 4th Addition - 08/04/1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-83 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 placed in the RM-6.5 District-Planned Unit Development 6-83 District (hereinafter "PUD 6-8311) . Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 19 , 1983, entered into between Hans Hagen Homes, Inc. and the City of Eden rairie (hereinafter "Developer' s Agreement") . The Developer's Agreement contains the terms and conditions of PUD 6-83, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 6-83 is not in conflict with the goals of the Guide Plan of the City. B. PUD 6-83 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 6-83, are justified by the design of the development described therein. D. PUD 6-83 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, placed in the RM-6.5-Planned Unit Development 6-83 District, and the legal descriptions of land in the district referred to in City Code Section 11 .03, subdivision 1 , subparagraph B, shall be and is 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 hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall beco;re 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 5th day of July , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of July, 1983 ATTEST: Joh ne, City Clerk Wo 1 ang Pe a 1 , Mayor P ISHED in the Eden Prairie News on the 4th _ day of August, 1983 a ff 9 i, • 1yy AY{ {1 { 1 9 Y i 1 r l Exhibit A Legal Description Lot 1 , Block 11 , Northmark 2nd Addition. (Official Publication 3105 Northmark{th Add. The following is the full text of the City of Eden Prairie Ordinance No.M43,which was adopted and ordered published at it regular meeting of the City Council the City od East►Prairie on July F Affidavit o f Publication Followingg the text of the Ordinance,the Developer's Agreement,which is incorporated therein by Section 5 of the Ordut me,is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY.MINNESOTA ORDINANCE NO.23-03 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 EACIi? DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.0 WHICH,AMONG ) OTHER THINGS, CONTAIN PENALTY PROVI- State of Minnesota SIONS. THE CITY COUNCIL OF THE CITY OF EDEN )SS. PRAIRIE,MINNESOTA,ORDAINS: County of Hennepin ) 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 Stan Rolfsrud,being duly sworn,on oath says that he is and duringall the time herein stated has been the publisher and part hereof. Exhibit A printer of the newspaper known as Eden Prairie News and has fll knowledge of the facts herein stated as follows: (1) Lot 1,Block 11.Northmark 2ttd Addition. Said newspaper is printed in the English language in newspaper format end in column and sheet form equivalent in Section 2.That action was duly Tttitiated proposing printed space to at least 1,200 square inches.(2)Said newspaper is a weekly and is distributed at least once a week.(3) that the land be placed in the RM.0 District. Said newspaper has 50%of its news columns devoted to news of local interest to the commtmity which it purports to serve Planned Unit Development 6d3 District(hereinafter and does not wholly duplicate any other publication and is not made up entirely of patents,plate matter and adver- ••PUD 6.83"). tisements.(t)Said newspaper is circulated in and near the municipality which it purports to serve,has at least 500 copies Section 3. The land shall be subject to the terns regularly delivered to pay ing subsc fibers,has an average of at least 75%of its total circulation currently paid or no more and conditions of that certain Developer;# Agree- than three months in arrears and has entry as second-class matter in its local post.office.(5)Said newspaper purports to ment dated as of July 19.19W entered intd between serve the City of:den Prairie in the County of Hennepin and has its known office of issue in the City of Eden Prairie in Hans Hagen Homes..Inc. and Ube City of Eden said county,established and open during its regular business hours for the gathering of news,sale of advertisements and De Prairie (hereinafter "Developer's Agreement"). sale of subscriptions and maintained by the managing officer of said newspaper.Persons in The Developer's its employ and subject to his �s Agreement contains the tams an direction ana control during all such regular business hours and at which said newspaper is printed.(8)Said newspaper conditions of PUD 60,and ate hereby made a part files a copy of each issue immediately with the State Historical Society. (7)Said newspaper has complied with all the hereof. foregoing condition for at least one year pi eceding the day or dates of publication mentioned below.)81 Said newspaper Section 1. The City Council hereby makes the has filed with file Secretary of State of Minnesota prior to January 1,1976 and each January 1 thereafter an affidavit in foL'o findings: PU A.PUD 843 is not in conflict with the goals of the the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to hefore a Gaidte Plan of the L dy. notary public staling that the newspaper is a legal newspaper. 8.PUD 643 is designed in such a manner to form a desirable and unified environment within its own boundaries. He further states on oath that the printed @ga 3 Q5 . C.The exceptions to the standard requirements of Chapters 11 and 12 of the City Code.which are cat- _.. hereto attached as a part taltted In PUD G-W saw ju@Ufkd by the design of the hereof was cut from the columns of said newspaper,and was printed and published therein in the English langua e,once development described therein. o p g D.PUD$43 is of sufficient size,Composition,and each week,for successive weeks;that it was first so published on Thu r Nh, 4 day ('U 19 3 and arrangeme►tt that its Construction,marketing. and operation Is feasible as a pssnplOW tmlt w"Out was thereafter printed and published on every to and including the day of _._ . 19 and dependence upon any sabsegwait WAL JAIjunlioddo ection 5.. n_V=l6111* J1 dltl0'd+"Ud the that the following is a printed copy of the lower case alphabet from A to Z.both Inclusive,and is hereby acknowledged as 2 .4°00 P60U6lJeftl-0.6 being the size and kind of type used in the composition and publication of said notice,to wit: 1 J�► paldaab$ bulaqsub ecluleoe0 .rrs h3oNelo g�uatalabi 'SUIMT) abcdefgNjklmnopq,s ! peiseJal L Jot taulil icedes eoue!ied Aw ul Jali!sfq88 :oM loeluoo9,U&I.£6'd3 ul OWduosied Ile £19u le areegogMoll+AS N►eJPu`d otn4o 3iN�'as sled a4l u! 4 e�Iv ydy!unlioddo £19V atta{ Subscribed and sworn to before me this l do of •uolilatwotul! �� r 9►£ ixa 'ZZ.ZZ-ri6 11 i It1013°s1d tii4M Rte11 �.i 1LvGt� e Jolue of sluepnla 2— s4luow 9 i-8 •a Mou st eiillidu�tieu leolu4oal or z CYN 0). tint . 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