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HomeMy WebLinkAboutOrdinance - 40-87 - Fountain Place Rezoning from Rural to PUD 9-87-RM-3.5 - 08/04/1987 Fountain Place SCITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-87-PUD-9-87 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 Planned Unit Development 9-87- RM-2.5 District (hereinafter "PUD 9-87-RM-2.511). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 20, 1987, entered into between CSM Corporation, a Minnesota corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as of October 20, 1987, entered into between Lloyd and Joan Cherne, husband and wife, and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 9-87- RM-2.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 9-87-RM-2.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 9-87-RM-2.5 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 9-87-RM-2.5, are justified by the design of the development described therein. D. PUD 9-87-RM-2.5 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 9-87-RM-2.5 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 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 the* entirety by reference, as though repeated verbatim herein. 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 4th day of August, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of October, 1987. ATTEST: G John, . rane, City Clerk ary D Pe so , Mayor PU�eISHED in the Eden Prairie News on the 16th day of December, 1987 October 13 1987 DESCRIPTION PREPARED FOR Brauer A Associates 7901 Flying Cloud Drive Eden Prairie, Minnesota 55344 RE: Area in Section 15-116-22 to be rezoned to High Density Residential DESCRIPTION: That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 116, Range 221 Hennepin County, Minnesota described as follows: Beginning at the southwest corner of said Southeast Quarter of the Southeast Quarter; thence North 00 degrees 56 minutes 51 seconds West along the west line of said Southeast Quarter of the Southeast Quarter a distance of 748.00 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 245.00 feet; thence South 00 degrees 56 minutes 51 seconds East a distance of 290.00 feet; thence South 31 degrees 31 minutes 37 seconds East a distance of 61.09 feet; thence North 3 degrees 05 minutes 58 seconds West a distance of 66.56 feet; thence North 10 degrees 49 minutes 15 seconds East a distance of 274.18 feet; thence South 79 degrees 46 minutes 57 seconds East a distance of 232.40 feet; thence South 9 degrees 18 minutes 34 seconds West a distance of 106.71 feet; thence North 19 degrees 11 minutes 12 seconds • East a distance of 116.73 feet; thence South 87 degrees 00 minutes 08 seconds East a distance of 116.28 feet; thence North 00 degrees 56 minutes 51 seconds Nest a distance of 89.00 feet; thence North 89 degrees 28 minutes 37 seconds . East a distance of 135.00 feet; thence South 3 degrees 56 minutes 02 seconds East a distance of 115.16 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 15.00 feet; thence North 00 degrees 56 minutes 51 seconds West a distance of 108.00 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 263.00 feet; thence South 75 degrees 28 minutes 08 seconds East a distance of 67.45 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 57.24 feet to a point on the east line of said Southeast Quarter of the Southeast Quarter distant 553.57 feet southerly of the northeast corner; thence southerly along said east line a distance of 409.97 feet; thence South 48 degrees 12 minutes 43 seconds West a distance of 70.16 feet; thence southwesterly along a tangential curve concave to the northwest having a radius of 460.33 feet a central angle of 13 degrees 24 minutes 34 seconds an arc length of 187.74 feet; thence South 61 degrees 37 minutes 17 seconds West tangent to said curve a distance of 144.61 feet; thence southwesterly along a tangential curve concave to the southeast having a radius of 450.08 feet a central angle of 18 degrees 43 minutes 39 seconds an arc length of 147.09 feet to the south line of said Southeast Quarter of the Southeast Quarter; thence westerly along said south line to the point of beginning. Containing square feet DESCRIPTION PREPARED BY Ronald A. Swanson, Land Surveyor Minnesota license Number 10183 Az s October 13, 1987 DESCRIPTION PREPARED FOR Brauer 6 Associates 7901 Flying Cloud Drive Eden Prairie, Minnesota 55344 RE: Area in Section 14-116-22 to be rezoned to High Density Residential DESCRIPTION: That part of the Southwest Quarter of the Southwest Quarter of Secton 14, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southwest Quarter; thence South 1 degree 03 minutes 43 seconds East along the west line of said Southwest Quarter of the Southwest Quarter a distance of 553.57 feet to the point of beginning of the land to be described; thence North 64 degrees 35 minutes 20 seconds East 24.15 feet; thence North 11 degrees 28 minutes 01 seconds East a distance of 18.44 feet; thence North 13 degrees 00 minutes 10 seconds West a distance of 53.16 feet; thence North 11 degrees 54 minutes 13 seconds East a distance of 38.95 feet; thence North 44 degrees 56 minutes 17 seconds East a distance of 228.00 feet; thence North 67 degrees 57 minutes 49 seconds East • a distance of 43.46 feet; thence North 44 degrees 56 minutes 17 seconds East a distance of 120.00 feet; thence North 84 degrees 58 minutes 06 seconds East a distance of 65.30 feet; thence South 45 degrees 03 minutes 43 seconds East a distance of 65.05 feet; thence South 33 degrees 17 minutes 37 seconds East a distance of 49.03 feet; thence South 63 degrees 15 minutes 40 seconds East a distance of 62.36 feet; thence North 59 degrees 26 minutes 18 seconds East a distance of 59.91 feet; thence South 77 degrees 20 minutes 39 seconds East a distance of 60.39 feet; thence northerly along a nontangential carve concave to the west having a radius of 543.41 feet a central angle of 9 degrees 48 minutes 20 seconds a chord bearing of North 6 degrees 21 minutes 53 seconds East a chord length of 92.99 feet; thence North 1 degree 27 minutes 43 seconds East a distance of 197.71 feet to the north line of said Southwest Quarter of the Southwest Quarter; thence North 87 degrees 42 minutes 43 seconds East along said north line a distance of 70.16 feet to a point distant 708.08 feet easterly of the northwest corner of said Southwest Quarter of the Southwest Quarter; thence South 1 degree 21 minutes 43 seconds West a distance of 202.29 feet; thence southwesterly along a tangential curve concave to the west having a central angle of 46 degrees 45 minutes 00 Seconds, a radius of 613.41 feet an arc length of 500.51 feet; thence South 48 degrees 12 minutes 43 seconds West tangent to said curve a distance of 125.00 feet; thence southeasterly along a tangential curve concave to the east having a radius of 50.00 feet a central angle of 90 degrees 00 minutes 00 seconds an arc length of 78.54 feet; thence South 41 degrees 47 minutes 17 seconds East tangent to said curve a distance of 12.00 feet; thence southeasterly along a tangential curve concave to the east having a radius of 114.00 feet a central angle of 25 degrees 30 minutes 00 seconds an arc length of 50.74 feet; thence South 67 degrees 17 minutes 17 seconds East tangent to said curve a distance of 53.00 feet; thence southeasterly along a tangential curve concave to the southwest having a radius of 214.00 feet a central angle of 28 degrees 30 minutes 00 seconds an arc length of 106.45 feet; thence South 38 degrees 47 minutes 17 seconds East tangent to said curve a distance of 99.36 feet Rare or less to the northwesterly right-of-way line of State Trunk Highway No. 169 and 212; thence South 49 degrees 13 minutes 04 seconds West along said right-of-way line a distance of 100.06 feet; thence North 38 degrees 47 minutes 17 seconds West a distance of 92.85 feet; thence northwesterly along a tangential curve concave to the southwest having a radius of 114.00 feet a central angle of 28 degrees 30 minutes 00 seconds an arc length of 56.71 feet; thence North 67 degrees 17 minutes 17 seconds West tangent to �3 Area in Section 14-116-22 to be rezoned to Nigh_Density Residential (CONTINUED) said curve a distance of 53.00 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 214.00 feet a central angle of 25 degrees 30 minutes 00 seconds an arc length of 95.24 feet; thence southwesterly along a reverse curve concave to the south having a radius of 48.00 feet a central angle of 90 degrees 00 minutes 00 seconds an arc length of 75.40 feet; thence South 48 degrees 12 minutes 43 seconds West tangent to said curve a distance of 192.00 feet; thence South 54 degrees 51 minutes 59 seconds West a distance of 120.91 feet; thence South 48 degrees 12 minutes 43 seconds West a distance of 6.84 feet to a point on the west line of said Southwest Quarter of the Southwest Quarter; thence northerly along said west line a distance of 489.99 feet to the point of beginning. Containing square feet DESCRIPTION PREPARED BY Ronald A. Swanson, Land Surveyor Minnesota License Number 10183 June 26, 19B7 DSCRIPTION PREPARED FOR Brauer 6 Associates 7901 Flying Cloud Drive Eden Prairie, Minnesota 55344 RE: Westerly portion of public zoning to be rezoned High Density Residential DESCRIPTION: That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 116, Range 22, Hennepin County, Minneosta described as follows: Beginning at a point on the west line of said Southeast Quarter of the Southeast Quarter distant 410.00 feet north of the southwest corner; thence North 00 degrees 56 minutes 51 seconds West along said west line a distance of 339.00 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 245.00 feet; thence South 00 degrees 56 minutes 51 seconds East a distance of 290.00 feet; thence South 17 degrees 56 minutes 51 seconds East a distance of 12.00 feet; thence South 68 degrees 47 minutes 37 seconds West a distance of 97.57 feet; thence South 88 degrees 03 minutes 09 seconds West a distance of 157.00 feet to the point of beginning. Containing 80,946 square feet DESCRIPTION PREPARED BY Ronald A. Swanson, Land Surveyor Minnesota License Number 10183 June 269 1987 DESCRIPTION PREPARED FOR Brauer 6 Associates 7901 Flying Cloud Drive Eden Prairie, Minnesota 55344 RE: Easterly portion of public zoning to be rezoned High Density Residential DESCRIPTION: That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at a point on the east line of said Southeast Quarter of the Southeast Quarter distant 553.57 feet south of the northeast corner; thence South 1 degree 03 minutes 43 seconds East along said east line a distance of 62.00 feet; thence So®th 43 degrees 56 minutes 17 seconds West a distance of 60.00 feet; thence South 81 degrees 56 minutes 17 seconds West 310.00 feet; thence North 68 degrees 17 minutes 21 seconds West a distance of 207.42 feet; thence North 00 degrees 56 minutes 51 seconds West a distance of 89.00 feet; thence North 89 degrees 28 minutes 37 seconds East a distance of 135.00 feet; thence South 3 degrees 56 minutes 02 seconds East a distance of 115.16 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 15.00 feet; thence North 00 degrees 56 minutes 51 seconds West a distance of 108.00 feet; thence North B9 degrees 03 minutes 09 seconds East a distance of 263.00 feet; thence South 75 degrees 28 minutes 08 seconds East a distance of 67.45 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 57.24 feet to the point of beginning. Containing 68,498 square feet DESCRIPTION PREPARED BY Ronald A. Swanson, Land Surveyor Minneoota License Number 10183 Ato October 13, 1997 DESCRIPTION PREPARED FOR Brauer & Associates 7901 Flying Cloud Drive Eden Prairie, Minnesota 55344 RE: Middle portion of public zoning to be rezoned Nigh Density Residential DESCRIPTION: That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 116, Range 22, Hennepin County, Minnesota described as follows: Comencing at the southwest corner of said Southeast Quarter of the Southeast Quarter; thence North 00 degrees 56 minutes 51 seconds West along the west line of said Southeast Quarter of the Southeast Quarter a distance of 410.00 feet; thence North 88 degrees 03 minutes 09 seconds East a distance of 157.09 feet; thence North 68 degrees 47 minutes 37 seconds East a distance of 97.57 feet; thence South 17 degrees 56 minutes 51 seconds East a distance of 43.00 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 15.00 feet; thence North 9 degres 03 minutes 09 seconds East a distance of 65.00 feet to the point of beginning of the land to be described; thence North 3 degrees 05 minutes 58 seconds West a distance of 66.56 feet; thence North 10 degrees 49 minutes 15 seconds East a distance of 274.18 feet; thence South 79 degrees 46 minutes 57 seconds East a distance of 232.40 feet; thence South 9 degrees 18 minutes 34 seconds West a distance of 106.71 feet; thence South 73 degrees 22 minutes 47 seconds West a distance of 196.53 feet; thence South 26 degrees 05 minutes 31 seconds West a distance of 170.00 feet to the point of beginning. Containing 43,837 square feet DESCRIPTION PREPARED BY Ronald A. Swanson, Land Surveyor Minnesota License Number 10183 A -7 - Y N O N }+ v O v 7� Om UN Y v ••n .m-1 m7C�il ++1� C � w v•O t` -w}� S. U U o Y O m UaN aEU vW COroUc}°wm� YON Ga Lro O 1,1 0to U] N pUU S w N CJ.G{'.UI N O [.:m,G Q1 Y O U C U@ ro•� G U v J=pi C C: m {Q+1 ttl QJ •r4 O N Ell Q) U v N O a).Ui�N O m+i M{�rr>�J N C�N N U • C f+•�Y v w W pY W U > A'. U U UU '41C m p'Nr>i�O o1 oc"N O a) v va .+C v vr i M4. ro � U 0. tl SS5.5o o �� � � � rl o lO7T m-N UToNNMwO V 41 41 O 41 N vo0CJ �t '•CCCv rv-^1 {{•sS�y+a d�}7m7+3NO r10i asvNQUHoI YCUGGL'oOCb QUm O�41u-1 raii YU4�OpCmJ'vOro>°rc`royiy+CGu)+•�-.a�oGU+6°1••'.U°i.w•rmi '�OOCC'ivUav-i W YYN •AU• Um Y G _El 11 C1 IS IS N m C NN C aJO 0cL4130 Y0YY 5- C Y1Cn 7 2 ma aNi N cm CUC�r w N p Y N G O v v •rl W m 7'O p)V-. Ta o c Yao. 0 roa 0ara Miz°o �• � Su � � cC: NC N w U ro T• u N r M O T O > I'O Y • v m o itl 3 •O v .•� 7 LO G o Y m O.0 o O m.0 o 3 3 41 O Om 3o mM Y.0 Yo 41 1 Y � Y .Q C U U o•�r{{ ri Y.0.--1 Gs vi W v ' 7 N M•^i C Y O )0 �a i'� m N G to T N Y Y •• U w S+ p CC S+ tD .• po �' > N Nl� N S-. 7 v v•rl w r) v G N Y w 3 0 0 1•.i v r) (A W ro N N T v �,� O S+ v m v O C Y ri t ri ri O N,C i� v v O m ri Ti U Cam:91 a) N U Ya p. c .Cvi C� tCu� fYi! (1, N w rOGi (pC1 YC@UHF' Ny}O. CGi > W N m N V.0 m++ G C' �d Q1 u+ O•O N 4. G •U O• N•�Y• N 3 v ,yG, v v O C,C 41,G W C)• L. v U[n rt S M•O m'O U E-• V) Nice-•u] W N+•+N�Y O °'NO Y m G ° N Y O Y m U C:N 5 O C v O O,G O Y Itl v N al pCp c�] C QC) U'O O C N Y ri C 7 li ul C v >W Y'u.41 C� UrC� NOC•rfaCrt� mGm730mCv }O� 7 qNq77 C ri ,G W G O O lmNtl ri.rl b +mD t� C U• C O Sa T U C7 30 p riOYu] S. ri3YS+ri 4U vNURvriw y LL 0,G U tO 11 U ••'Y N i CJ}. U i.w ri U Y �+ O U] }.r i� m Y C O 1Y+ v a)w Y C a1 Tw O C N 111666 Sl Y N}}v.�. N 7 7 v v N > O Ql a)Y ro p w U a) C) OO v N v 3 C] v w OHO ri u) C a) u73 1 c O 3 In to WO C ) Y•n rt1 O,Cv77G•" }.vy+ 'WpU•.v'CCr4Omo,OUCv•U c)uN] Ws'rO Ncoaa .vroma 8•9 v con Y•�fcY v C W'O Cl M N U In mY a aa v 'o to, L. a, C 7 CY a) N O CU}1 Y 41 YaCl aN3GO'l ,iC O > UU a' 'a U U 41 v 4. 7N c w N O GL m - G� ,OCEn U rj 'O - pp Q) w Y riO En•Yi CN'U v O 41 r4 v 41 En U) 41 Y O o ms ro Y W m 41 Cl Nv•Ni It:3 OMv 'O O Y O orr ) .i 3 Y la �:+[ }, �••i C (J'O N C•.•1•� � Gum•U m 7 O >.= N m•' 7 Y-1 y�ri m Y'O Y N Vl t 1p O 'NON O O N'U T, m O,G N al w 49 t 2 'NU O TN'O ms mo O Sam G'm03 Fm.Z TM.0 Y.SnW�F ° . W C ri 7• '#+' OD v C ri L.Y v ° cm GOu �' mTa �Nmoaim �i5 �iv `tluc�ivow4,1v 7 ri Y t)a v G m C Y N G O rl v a'd N N G. O to m 7'O CC.0 o m 44ll CC Q7 N 0 0 p {� p Y Ql Y U) C ,i •i Y Y U•ri.G s Q} U S L] M 1J1 A .n N 3 m •> •m•i s a) >i-+ 3 V t I7 T.0 N m ...111 Y a•.i,G Y > C ri � N )tl •^N O +LC+• Pil ice-• 1°N tL al Ell m l7)'O W N Y Yam+ C7 rUi N.�-1},N O N 70-•w a).mil Cp O a Y al CC i-' N C Y•.0 N N W Y N W C w O.0 •.i .C. tll 'O •.i 11 Y 1 N Y 91 T+ 7 N w O rJ +� m."i. C.+• m o a) p) �) Y v v c 3 o c v 3 v v u v 'I ��--•• U a. v •^.0 ((JJ U.0 Y J=.ti U '1 rtl .0 a7 F: L• � N Y Y Y S+ U,}}++ 1• 7 Y n C�.U� Y GL ro of m y a) a to C C. q .0 O rl,C a) O v N U C G M•S f•cD. O v E-• ri ��O,5 Y W (A'C]41 Ea ri E N�f }. U r.••+ �"m ro Fountain Place CITY OF EDEN PRAIRIE . HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-87-PUD-9-87 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 north of Columbine Road, west of Highway #169 from the Rural District to the PUD-9-87-RM-2.5 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 s City Clerk Mayor PUBLISHED in the Eden Prairie News on the 16th day of December , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) Fountain Place CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.40-87-PUD-9-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND VdILACING IT IN ANOTHER, AMEN- G THE LEGAL DISCRIPTIONS OF ND 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, OR- DAINS: 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 the action was duly Affidavit of Publication initiated proposing that the land be removed from the Rural District and be Southwest Suburban Publishing Inc. placed in the Planned Unit Developmentnt 9-87-RM-2.5 District (hereinafter "PUD 9-87-RM-2.5"). Section 3. The land shall be subjected to the terms and conditions of that certain Developer's Agreement dated as of October 20, 1987, entered into between State o f Minnesota CSM Corporation, a Minnesota cor- poration, and the City of Eden Prairie(hereinafter "Developer's Agreement") )SS. and that certain supplement to the County of Hennepin Developer's Agreement,, dated as of October 20, 1987, entered into between Lloyd and Joan Cherne, husband and wife, and the City of Eden Prairie Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as (hereinafter "Supplement"). The the Eden Prairie News and has full knowledge of the facts herein stated as follows: Developer's Agreement and Supplement (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by contain the terms and conditions of PUD Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. 9 87-RM-2.5,and are hereby made a part (13)The printed public notice that is attached to this Affidavit and identified as No.�was published an the date thereof. or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part of this Af- AWection 4 The City Council hereby fidavit.Said notice was cut from the columns of the newspaper spec'' Printed below is a copy of the lower case kes the following findings: alphabet from A to Z,both inclusive,and is hereby acknowledged as kind and size of type used in the composition PUD 9-87-RM-2.5 is not in conflict and publication of the Notice: with the goals of the Guide Plan of the abcdefghijkimnopgr z City. B. PUD 9.87-RM-2.5 is designed in such a manner to form a desirable and unified enviornment within its own B boundaries. S Ro d, blisher C. The exceptions to the standard requirements of Chapters it and 12 of the Subscribed and sworn before me on City Code, which are contained in the PUD 9-87-RM-2.5, are justified by the design of the development described therein. J D. PUD 9-87-RM-2.5 is of sufficient this day of'�198 size, composition and arrangement that its construction,marketing and operation is feasible as a complete unit without EE14:YSCOTT dependance upon any subsequent unit. N3TAx(rl2L:;-MNNE=A Section 5. The proposal is hereby ECGTTCOUNTY adopted and the land shall be,and hereby WCCMM=NEXPiPMe-M is,removed from the Rural District and shall be included hereafter in the Planned Unit Development 9-87-RM-2.5 District, and the legal descriptions of land in each RATE INFORMATION district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Lowest classified rate paid by commercial users for comparable space....$7.00 per column inch shall Section 6. City Code Chapter 1 en- Maximum rate allowed by law for the above matter......................................$7.00 per column inch titled "General Provisions and Rate actually charged for the above matter...................................................$4.94 per column inch 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 ome effective from and after its and euhlicat inn READ at a rr- of the City Council of Ow -`Prairie on the 4th day of August, 1987, and finally regular meetingcf the City Council of 7,,aid City on the 20th day of October,1981. ATTEST: John D.Frane,City Clerk Gary D.Peterson,Mayor (Published in the Eden Prairie News Wednesday,December 16,1987.) EXHIBIT A October 13,1987 DESCRIPTION PREPARED FOR Brauer&Associates 7901 Flying Cloud Drive Eden Prairie,Minnesota 55344 RE: Area in Section 15-116-22 to be rezoned to High Density Residential Description: That part of the Southeast Quarter of the Southeast Quarter of Section 15, `ii v.nship 116, Range 22, Hennepin County,Minnesota described as follows: Beginning at the southwest corner of said Southwest Quarter;thence North 00 degrees 56 minute 51 seconds West along the west line of the said Southeast Quarter of the Southeast Quarter a distance of 748.00 feet; thence North 89 degrees 03 minutes 09 seconds. East a distance of 245.00 feet; thence South 00 degree 56 minutes 51 seconds East a distance of 290 feet; thence South 31 degree 31 minutes 37 seconds East a distance of 61.09 feet; thence North 3 degrees 05 minutes 58 seconds West a distance of 66.56 feet;thence 10 degrees 49 minutes 15 seconds East a distance of 291.13 feet; thence South 79 degrees 46 minutes 57 seconds East a distance of 2-112.40 feet; thence South 9 degrees 18 minutes 34 seconds West a distance of 106.71 feet; thence North 79 degrees 11 minutes 12.seconds East a distance of 116.73 feet; thence North 87 degrees 03 minutes 03 seconds East a distance of 116.28 feet; thence North 00 degrees 56 minutes 51 seconds West a distance of 89.00 feet thence North 89 degrees 28 minutes 37 seconds East a distance of 135.00 feet; thence South 3 degrees 56 minutes 02 seconds East a distance of 115.16 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 15.00 feet; thence North 00 degrees 56 minutes 51 seconds West a distance of 103.00 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 263.00 feet; thence South 75 degrees 28 minutes 03 seconds East a distance of 67.45 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 57.24 feet to a point on the east line of said Southeast Quarter of the Southeast Quarter distant 553.57 feet southerly of the northeast corner; thence southerly along said east line a distance of 499.99 feet;thence South 43 degrees 12 minutes 43 seconds Wiest a distance of 70.16 feet; thence southwesterly along a tangential curve concave to the northwest having a radius of 460.33 feet a central angle of 13 degrees 24 minutes 34 seconds and are length of 107.74 feet; thence South 61 degrees 37 minutes 17 seconds West tangent to said curve a distance of 144.61 feet; thence southwesterly along a tangential curve concave to the southeast having radius of 40.00 feet a central angle of 18 degrees 43 minutes 39 seconds ;and arc length of 147.09 to the south line of said Southeast Quarter of the Southeast Quarter; thence westerly along said south line to the point of the beginning. Containing square feet DESCRIPTION PREPARED BY Ronald A.Swanson,Land Surveyor Minnesota License Number 10183 EXHIBITS A-2 AND A-3 October 13,1987 DESCRIPTION PREPARED FOR Brauer&Associates 7901 Flying Cloud Drive Eden Prairie,Minnesota 55344. DLSU,11•iIUN That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22, Hennepin County,Minnesota described as follows: Connecting at the northwest comer of said Southwest Quarter; thence South 1 degree 03 minutes 43 seconds East along the west line of said Southwest Quarter of the Southwest Quarter a distance of 553.57 feet to the point of the beginning of the land to be decribed; thence North 64 degrees 35 minutes 20 seconds East 24.15 feet-,thence North 11 degrees 28 minutes 01 seconds East a thence North 11 degrees 54 minutes 13 seconds East a distance of 18.44 feet; thence North 13 de,xc,es 00 minutes 10 seconds West a distance of 53.16 feet; thence North 11 degrees 54 minutes 13 seconds East a distance of 33.95 feet; thence North 44 degrees 56 minutes 17 seconds East a distance of 228.00 feet; thence North 67 degrees, 57 minutes 49 seconds East a distance of 43.46 feet; thence North 44 degrees 56 minutes 17 seconds East a distance of 120.00 feet; thence North 84 degrees 58 minutes 06 seconds East a distance of 65.30 feet; thence South 45 &grees 03 minutes 43 seconds East a distance of 65.00 feet; Thence South 33 degrees 17 minutes 37 seconds East a distance of 49.03 feet; thence South 63 degrees 15 minutes 40 seconds East a distance of 62.36 feet; thence North 59 degrees 26 minutes 18 seconds East a distance of 59.91 feet; thence South 77 degrees 20 minutes 39 seconds East a distance of 60.39 feet; thence northerly along a nontangential curve concave to the west having a radius of 543.41 feet and a central angle of 9 degrees 48 minutes 20 seconds a chord bearing of North 6 degrees 21 minutes 53 seconds East a chord length of 92.89 feet;thence North I degree 27 minutes 43 seconds East a distance of 197.71 feet to the north line of -Ad Southwest Quarter of the Southwest Quarter; thence North 87 degrees 42 minutes 43 seconds East along said north line a distance of 70.16 feet to a point distant 708.08 feet easterly of the nor- thwest corner of said Southwest Quarter of the Southwest Quarter;thence South 1 degree 27 minutes 43 seconds West a distance of 202.29 feet thence south- westerly along a tangential curve con- cave to the west having a central angle of 46 degrees 45 minutes 00 seconds, a radius of 613.41 feet an are length of 500.51 feet; thence South 48 degrees 12 minutes 43 seconds West tangent to a said curve a distant of 125.00 feet; thence southeasterly along a tangential curve concave to the east having a radius of 50.00 feet a central angle of 90 degrees 00 minutes 00 seconds and are length of 78.54 feet;thence South 41 degrees 47 minutes 17 seconds East tangent to a curve a distance of 12.00 feet thence southeasterly along a tangential curve concave to the east having a radius of 114.00 feet a central angle of 25 degrees 30 minutes 00 seconds an arc length of 50.74 feet; thence South 67 degrees 17 minutes 17 seconds East tangent to said curve a distance of 53.00 feet; thence southeasterly along a tangential curve concave to the southwest having a radius 214.00 feet a central angle of 28 degrees minutes 00 seconds an are length of 106.45 feet; thence South 38 degrees 47 minutes 17 seconds East tangent to said curve a distance of 89.36 feet more or less to the northwesterly right-of-way of State Truril,Highway 169 and 212;thence South 49 dei-w i rees 13 minutes 04 seconds West aforg the said right-of-way of a distance of 10U6 feet:thence North 38 degrees 47 niitkute,-, 17 seconds West a distance of fr,P5 feet; th-ncf- northwesterly along a tang,enti.il curve concave to the south- :P51 hn%'ini, ;i r.-_.-jm �t s of 114.00 f a "i 'I"-'J�-of 2?, rjairlutes CO ,cLonds and are of 56.71'feet; thence North 67 degrees 17 minutes 17 seconds West tangent to said curve a distance of 51.00 feet; thence northwesterly along a tangential curve concave to the northeast having a radius of 214.00 feet a central origle of 25 degrees 30 minutes 00 seconds in are length of 95.24 feet; thence southwesterly along a reverse curve concave to the south having a radius of 43.00 feet a central angle of 90 degrees 00 minutes 00 seconds and arc length of 75.40 foot;thence South 43 degrees 12 minutes 43 seconds West tangent to said curve a distance of 192.00 feet; thence South 54 degrees 51 minutes 59 seconds West a distance of 120.81 feet; thence South 48 degrees 12 minutes 43 seconds West a distance of 6.84 feet to a point west line of said Southwest Quarter of the Southwest Quarter; thence northerly along a said west line a distance of 439.99 feet to a point of beginning. Containing square feet DESCRIPTION PREPARED BY Ronald A.Swanson,Land Surveyor Minnesota License Number 10183 EXHIBIT A4 June26.1987 DESCRIPTION P'U,L Brauer&Associates 7901 Flying Cloud Drive Eden Prairie,Minnesota 55344. RE: Westerly portion of public zoning to be rezoned High Density Residential DESCRIPTION: That part of the Southeast Quarter of the Southeast Quarter of Section 15, Township 116, Range 22, Hennepin County,Minnesota described as follows: Beginning at a point on the west line of said Southeast Quarter of the Southeast Quarter distant 410.00 feet north of the southwest comer; thence North 00 degrees 56 minutes 51 seconds West along said lines west line a distance of 333.00 feet;thence North 89 degrees 03 minutes 09 seconds East a distance of 245.00 feet; thence South 00 degrees 56 minutes 51 seconds East a distance of 290.00 feet; thence South 17 degrees 56 minutes 51 seconds East a distance of 12.00 feet; thence South 68 degrees 47 minutes 37 seconds, West along a distance of 97.57 feet,thence South 83 degrees 03 minutes 09 neconds West a distance of 157.00 feet to the point of the beginning. Containing 80,946 square feet DESCRIPTION PREPARED BY Ronald A.Swanson,Land Surveyor Minnesota License Number 10183 EXHIBIT A-5 June26,1987 DESCRIPTION PREPARED FOR Brauer&Associates 7901 Flying Cloud Drive Eden Prairie,Minnesota 55344 RE: Easterly portion of public zoning to be rezoned High Density Residential Description: That part of the Soubeast Quarter of the Southeast Quarter of Section 15, Townsbip 116, Range 22, Hennepin County,Minnesota describes as follows: Beginning at a point on the east line of said Southeast Quarter of the Southeast Qaarter distant 553.57 feet south of the nortbe.,i.,,t corner; thence South 1 degree 03 mia),iti-s,43 seconds East along said line a di!Aaneo of 61110 feet; thence South 43 degrees 56 minutes 17 seconds West a distance of feet; thence South 81 ':i minuti-z 17 Eaconds West 310.00 ff­t; ti-o-ro- 63 degrees 17 minutes 21sect.-ind-11 West a distance of 207.42 feet; thonCe North r,f On dee reps'56 rairnites 51 ,-w,oijd_-, a distance s Lance of 890.00 feet; North rth 8,j degrees 28 minutes 37 ,wcc,nd:-, E,;i*st 'I distance of 135.00 feet, thre n '! South 3 riEgre,-s .16 not lutes02 sireonds East a di-stance of 115.16 feet; thence P,Iorth 339 degree: 03 minutes 09 seconds East a distance of 15.00 feet; thence nce North 00 degrees 56 minutes 51 seconds West a distance of 108.00 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 263.00 feet; t1ij-� 1.nce South 75 degrees 23 minutes 0 seconds East a distance of 67.45 feet; thence North 0 degrees 03 minutes 09 seconds East a distance of 57.24 feet to the point od beginning. Containing 68,498 square feet. DESCRIPTION PREPARED BY Ronald A.Swanson,Land Surveyor Minnesota License Number 10183 EXHIBIT A-6 October 13,1937 DESCRIPTION PREPARED FOR Brauer&Associates 7901 Flying Cloud Drive Eden Prairie,Minnesota 55344 RE: Middle portion of public zoning to be rezoned High Density Residential DESCRIPTION: The part or the Southeast Quarter of the Southeast Quarter (if Section 15, Town- ship 116, Range 22, Hennepin County, Minnesota described as follows: Commerit-ing at the southwest comer of the Southeast Quarter of the Southeast Quarter; thence North 00 degrees 56 minutes 51 seconds West along the west line of said Southeast Quarter of the Southeast Quarter a distance of 410.09 feet;thence North 83 degrees 03 minutes 09 seconds East a distance of 157.00; thence North 68 degrees 47 minutes 37 seconds East a distance of 97.57 feet; thence South 17 degrees 56 minutes 51 seconds East a distance of 43.00 feet; thence North 89 degrees 03 minutes 09 seconds East a distance of 15.00 feet; thence North 9 degrees 03 minutes 09 seconds East a distance of 60.00 feet to tb--, point of beginning of the land to be described; thence North 3 degrees 05 minutes 58 seconds West a distance of GUG feet; thence North 10 degrees 49 minutes 15 seconds East a distance of 294.18 feet; thence South 79 degrees 46 minutes 57 seconds East a distance of 232.40 feet; thence South 9 degrees 13 minutes 34 seconds West a distance of I06.71 feet; thence South 73 degrees 22 minutes 47 seconds West a distance of 196.53 feet; thence South 26 degrees 05 minutes 31 seconds West a distance of 170.00 feet to the point of beginning. Containing 43,837 square feet. DESCRIPTION PREPARED BY Ronald A.Swanson,Land Surveyor Minnesota License Number 10183 hA..itur A-i The Southeast Quarter of the Southeast Quarter of Section 15, Township 116, Range 22, Hennepin County, Minnesota and that part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22, Hennepin County,Minnesota described as follows: Beginning at the northwest corner of said Southwest Quarter;thence North 87 degrees43 minutes 43 seconds East (assumed bearing)along the north line of said Southwest Quarter of the Southwest Quarter a distance of 708.03 feet; hence South 1 degree 27 minutes 43 seconds West a distance of 202.29 feet hence southwesterly along a tangential curve concave to the west having a central angle of 46 degrees 45 minut i_ conds, a radius of 613.41 feet a arc length of 500.51 feet; thence South 48 degrees 12 minutes 43 seconds West tangent to said curve a distance of 125.00 feet; thence southeasterly along a tangential curve concave to the east having a radius of 50.00 feet a central angle of 90 degrees 00 minutes 03 seconds an are length of 73.54 feet;thence South 41 dtgr___47 rniin ute-- 17 seconds East tangent to said curls a distance of 12.00 feet; thence uu lei. feria' al:�g a tangential cure; cunca e to ti:2 east having a radi}u. of I IY.GO fct a central angle cf�3 dcbrees 30 a"ates 0U seconds seconds an are length of 50.74 feet; thence South 67 degrees 17 minutes 17 seconds East to said curve a distance of 53.00 feet; thence southeasterly along a tangentential curve concave to the southwest having a radius of 214.00 feet a central angle of 28 degrees 30 minutes 00 seconds an are length of 103.45 feet; thence South 38 degrees 47 minutes 17 seconds East tangent to said curve a distance of 89.35 feet more or less to the northwesterly right-of-way of the line of State Trunk Highway No.169 and 212;thence South 49 degrees 13 minutes 04 seconds West along said right-of-way line a distance of 100.06 feet;thence North 38 degrees 47 minutes 17 seconds West a distance of 92.85 feet; thence northv:esterly along a tangential curve concave to the southwest having a radius of 114.00 feet a central angle of 28 degrees 30 minutes 00 seconds an arc length of 55.71 feet; thence North 67 degrees 17 minutes 17 seconds West tangent tp said curve a distance of 53.00 feet; thence northwesterly along a tangential curve to the northeast having a radius of 214.03 feat a central angle of 25 degrees 30 minutes 00 seconds an arc length of 95.24 feet;thence southwesterly along a reverse curve concave to the south having a radius of 43.00 feet a central angle of 90 degrees 00 minutes 00 seconds an are length of 75.40 feet;th ea South 43 degrees 12 minutes 43 seconds West tangent to said curve of 192.00; thence South 54 degrees 51 minutes 59 seconds West to a distance of 70.67 feet; thence South 49 degrees 00 minutes 58 seconds East a distance of 343 more or less to the northwesterly right-of-way line of said State Trunh Highway No.169 and 212; th.nce southTesterly along said right-of-::ay;thence southwesterly along said right-of-vray line to the south line of said Southwest Quarter of the Southwest Quarter; thence westerly along said south line to the southwest corner;thence northzrly along the west line of said Southv.,czt Quarter of the Southwa:t Quarter to the point of beginning. Fountain Place CITY OF EDEN PRAIRIE HEN'NEPIN COUNTY,MINNESOTA Ordinance No.40-87-PUD-9-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REi,.O:'ING CERTIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMEN- DlNG THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND r4DOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 11.99, WHICH, ;'u;TONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Sununary: This ordinance allows rezoning of land Iocated north of Columbine Road, west of Highway 169 from the Rural District to the PUD-9-87- RM-2.5 District,subject to the terms and conditions of a developer's agreement. Exhibit A,included with this Ordinance, giver the full legal description of this property., Effective Date: This Ordinance shall take effect upon publication. ATTEST: Jahn D.Frane,City Clerk Gary Pctrruen,Mayor 1 A full copy of this test Ordinance is available from the City Clerk.) •t> ablish;.d in the Eden Prairie News '+'ednesday,Dacember 16,1037;No.4903)