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HomeMy WebLinkAboutOrdinance - 1-87 - The Tree Farm Rezoning from Rural to R1-13.5 - 02/03/1987 • The Tree Farm CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-87 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 R1-13.5 District. Section 3. That 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 R1-13.5 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 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 that certain Developer's Agreement dated as of March 3, 1987, entered into between Countryside Investments, Inc. , a Minnesota corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Leroy C. Jedlicka and Lois B, Jedlicka, husband and wife, George W. Jeppeson, Jr. and Marjorie E. Jeppeson, husband and wife, and David R. Durnbaugh and Mary C. Durnbaugh, husband and wife, and the City of Eden Prairie, dated as of March 3, 1987, which Agreement and Owners' Supplement are 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 February, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of March, 1987. ATTEST: Joh rane, City Clerk ary D e ers- Mayor PUBLISHED in the Eden Prairie News on the 6th day of May, 1987 Exhibit A THE TREE FARM PROPOSED REZONING LEGAL DESCRIPTION i That part of the following described property: That part of the Southwest Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Southwest Quarter of Section 26 Township 116 Range 22, Hennepin County, Minnesota described as follows : Commencing at a point 561.33 feet East and 1239 .45 feet North of the Southwest corner of the Northwest Quarter; thence South to a point 120 rods South from the North line of the Southwest Quarter of the Northwest Quarter; thence East to the East line of the West half of the Southwest Quarter; thence North 40 rods to the Northeast corner of the Northwest Quarter of the Southwest Quarter; thence West to a point 861 .33 feet East from the West line of said Section 26 ; thence North parallel with the West line thereof to the centerline of County Road No. 1; thence westerly to the beginning , Except road. That part of the Southwest Quarter of the Northwest Quarter of Section 26 lying East of the West 861.33 feet of the Southwest Quarter of the Northwest Quarter, as measured at right angles to the West line of the Southwest Quarter of the Northwest Quarter, except that part lying North of the centerline of County Road No. 1 , and except the North 165 feet of the East 133 feet of the Southwest Quarter of the Northwest Quarter , as measured along the East and North lines of the Southwest Quarter of the Northwest Quarter respectively. The North 165 feet of the East` 133 feet of the Southwest Quarter of the Northwest Quarter , as measured along the East and North linen of the Southwest Quarter of the Northwest Quarter respectively. Which lies northerly of the following described line: Commencing at the Southeast corner of the above described property; thence on an assumed bearing of North 0 degrees 23 minutes 02 seconds West, along the West line of the above described property, a distance of 516 .56 feet to the point of beginning of the line to be described; thence South 17 degrees 50 minutes 10 seconds East a distance of 161 .35 feet; thence South 44 degrees 56 minutes 55 seconds East a distance of 159 .60 feet; thence South 72 degrees 44 minutes 44 seconds East a distance of 130 .40 feet; thence South 59 degrees 33 minutes 39 seconds East a distance of 129 . 15 feet; thence South 22 degrees 33 minutes 43 seconds East a distance of 155 .00 feet, more or less , to the South line of said property and said line there terminating . The Tree Farm CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-87 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: Summary: This Ordinance allows rezoning of land located south of County Road #1, west of Surrey Street, from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. • ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the 6th day of May 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) a The Tree Farm Affidavit of Publication CITY OF EDEN P MINNESOTA HENNEPIN COUNTY,MINNESOTA Southwest Suburban Publishing Inc. ORDINANCE NO.1.87 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 State of Minnesota DISTRICT, AND ADOPTING BY )SS. REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG County OTHER THINGS, CONTAIN PENALTY of Hennepin PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as Summary:This Ordinance allows rezoning the Eden Prairie News and has full knowledge of the facts herein stated as follows: (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by of land located south of County Road No.l, Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended west of Surrey Street,from the rural District . to the 111-13.5 District subject to the terms (B)The printed public notice that is attached to this Affidavit and identified as No. t/ ,was published on the date and conditions of a developer's agreement. or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part of this Af- Eshibit A, included with this Ordinance, fidavit.Said notice was cut from the columns of the newspaper specified.Printed below is a copy,of the lwmease gives the full legal description of this alphabet from to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in the Otlon property. and publication of the Notice: Effective Date:This Ordinance shall take abedefghijklmnopgrstuv .-"z effect upon publication. ATTEST: /s/John D.Franc /s/Gary D.Peterson City Clerk Mayor By: (A full copy of the text of this Ordinance is Stan if ,Publisher available from the City Clerk.) Published in the Eden Prairie News Subscribed and sworn before me on Wednesday,May 6,1987:No.4668) this day of 198� -.-T11,, ? t; r Laurie Hartmann,Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$7.00 per column inch Maximum rate allowed by law for the above matter......................................$7.00 per column inch Rate actually charged for the above matter...................................................$4.94 per column inch