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HomeMy WebLinkAboutOrdinance - 29-88-PUD-8-88 - Fairfield Phase I - Rezoning from Rural to PUD-8-R1-13.5-R1-9.5 - 07/19/1988 Fairfield Phase I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-88-PUD-8-88 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 8-88- R1-13.5 and R1-9.5 District (hereinafter "PUD 8-88-R1-13.5 and R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 16, 1988, entered into between Centex Real Estate Corporation and the City of Eden Prairie (hereinafter "Developer's Agreement") . The Developer's Agreement contains the terms and conditions of PUD 8-88-R1-13.5 and R1-9.5, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 8-88-R1-13.5 and R1-9.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 8-88-R1-13.5 and R1-9.5 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, that are contained in PUD 8-88-R1-13.5 and R1-9.5, are justified by the design of the development described therein. D. PUD 8-88-R1-13.5 and R1-9.5 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 8-88-R1-13.5 and R1-9.5 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 their 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 19th day of July, 1988, 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, 1988. ATTEST: Joh . rane, City Clerk �ea�ry4QPWtes�o , ayor PUBLISHED in the Eden Prairie News on the 28th day of September, 1988 s s uR� � F v o SATMRE - BERG0UIST, INC. 106 SOUTH BROADWAY • WAYZATA. MN. 55391 • TELEPHONE 612-476-6000 Exhibit A Page 1 of 4 FAIRFIELD R 1 - 9.5 ZONING PHASE 1 Those parts of the following described parcels of Land: That part of the South 3/8 of the Northeast Quarter of the Northeast Quarter of Section 20, Tovmship 116, Range 22, lying {vast of County Road No. 4. That part of the :worth 5/8 of the Northeast Quarter of the Northeast Quarter Section 20, Township 116, Range 22, lying best of County Road No. 4. North 5/8 of the Northwest Quarter of the Northeast QLLarter of Section 20, Township 116, Range 22. East 1/3 of South 3/8 of Northeast Quarter of Northwest Quarter and Soul:h 3/8 of Northwest Quarter of Northeast Quarter, Section 20, Towrnship 116, Range 22. AL1 that part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, which .lies west of County- Road No. 4, except that part thereof described as follows: Conunencing at a point. 279 feet West of the Northeast of the Southeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, which point is the center of so called Murphy Ferry Road; thence West 4-12 feet; t:honc e South 340.8 feet; thence East on a line pm,;Mel 1cal to the north line of the Southeast Quarter of the Northeast; Quarter to a point in center of the so called road; t.herice Northwesterly along the center of said road to the place of bF>,inning. . Anil e:;cept that part described as follows: Commencing at the Southeast corner of the Southeast. Qmrter of the Northeast Quarter, Section 20, Township 116, Mang:- 22, thence North along the Easterly line of said Section 300 feet; thence Sliest 615 feet parallel with the south line of the Southeast Quarter of the Northeast Quarter to a point hereinafter called Point "A", said Point A being the point of beginning of the land to be described; thence South 300 feat parallel with the East line of said Section to the South line of said Quarter, thence West along said South r a s s Ij F v o W SATHRE - BERGQUIST, INC. ` 106 SOUTH BROADWAY • WAYZATA, MN. 55391 • TELEPHONE 612-476-6000 Exhibit A Page 2 of 4 line to the West line of the Southeast Quarter of the Northeast Quarter, thence North along said West line 750 feet to a point hereinafter called Point "B", thence southeasterly to Point "A", said line hereinafter called line "AB". ALSO KXCEE-7: Beginning at said Point "A" thence Easterly 615 feet to the Easterly line of the Southeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, parallel with the South line of said Quarter, thence North 150 feet along the Last line of said Quarter, thence hest parallel with the South line of said Quarter to its intersection with line "ALI", thence Southeasterly to Point "A". Described as follows: Beginning at a point on the north line of the Northwest Quarter of the Northeast (quarter of said Section 20, Toi,mship 116, Range 22, distant 26.61 feet west of the northeast corner of said Northwest Quarter of the Northeast Quarter, said north line having a assumed bearing of North 89 degrees 00 minutes 08 seconds best; thence South 0 degrees 12 minutes 04 seconds East 429.40 feet; thence South 54 degrees 12 minutes 38 seconds best 244.72 feet; thence South 9 degrees 48 minutes 56 seconds West 164.94 feet; thence South 80 degrees 48 minutes 25 seconds East, 228.74 feet; thence North 77 degrees East, 741.04 feet to the center line of County Road No. 4; thence northwesterly along the center line of County Road No. 4 to be the north line of said Northeast Quarter of the Northeast Quarter; thence West along the north lines of said Northeast Quarter of Northeast Quarter and Northwest Quarter of Northeast Quarter to the point of beginning. Dated: August 10, 1988 • ���a s s uR`F o SATHRE - 8ERGGUIST, INC. 106 SOUTH BROADWAY • WAYZATA, MN. 55391 • TELEPHONE 612-476-6000 Exhibit A Page 3 of 4 FAIRFIELD R 1 - 13.5 70NING PIWSE..1 Those p its of the following described parcels of land: That, part of the South 3/8 of the Northeast Quarter of the Northeast Quarter of Section 20, Township 116, Range 22, lying tce,st of County Road No. 4. That part of the ;worth 5/8 of the Northeast Quarter of the Northeast Quarter Section 20, Township 116, Range 22, lying hest of County IZoad No. 4. North -/8 of they Northwest Quarter of the Northeast Quarter of . Section 20, 'Township 116, Ranee 22. Fast 1/3 of South 3/8 of Northeast Quarter of Northwest, Quarter anet Scnat.h 3/8 of Northwest Quarter of Northeast Quarter, Section 20, T()wnshi p 116, Range 22. A.1.1 that part of the Southeast (quarter of they Northeast, Quarter of Se-eet:i c n 20, Toi:nsh i p 1 16, Range 22, which lies West of County road No. •1, except that part thereof described as follows: Commencin. at a point 279 feet West of the Northeast of the Southeast Quarter of the Northeast Quarter of Section 20, Township 1.16, Range 22, which point is the center of so called 'Murphy Ferry Road; thence Wns" t, 442 feet.; thence South 340.8 feet; thence Fast on a line parallel to the north line of the Southeast Quarter of the Northeast Quarter to a point in center of the so called road; t.hen:e Northwesterly along the center of said road to the place of he innirig. And ONCOpt, that part described as folloi:s: Commencing at they Southeast corner of the Southeast. Quarter of the 'northeast: Quarter, Section 20, 'Township 116, Range thence North along the Easterly line of said Section 300 Feet; thence West 615 feet parallel with the. south line of the Southeast. Quarter of the Northeast Quarter to a point horei.nafter called Point "A", said Point A bein, the point of heginning of the .land to be described; thence South 0() fe nt par.ill.el with [-.he East line of said Section to thcr South line of said Quarter, thence West alon-r said South p 5 S ,jq`� V O w N SATHRE - BERGGUIST, IPJC. 106 SOUTH BROADWAY • WAYZATA, MN. 55391 • TELEPHONE 612-476-6000 Exhibit A Page 4 of 4 .line to the hest line of the Southeast (quarter of the Northeast Quarter, thence North along said best line 750 L'(-,eat to a point hereinafter called Point "I's", thence southeast-.erLy to Point "A", said line hereinafter called line "AB". ALSO I\CIF 1 Bn.gi.nni ng' at said Point "A" thence Easterly- 615 feet to the Easterly line of the Southeast (quarter of Lhe Northeast Quarter of Section 20, Township 116, Range 22, parallel with the South line of said Quarter, thence \ort.h 150 feet along the East line of said Quarter, thence Crest parallel with the South lino of said Quarter to its intersection with line "AB", thenre Southeasterly to Point "A". Which lie southerly and easterly of the following described line: Commenr.ino at a point on the north line of the Northwest (quarter of the Northeast. Quarter of said Section 20, Township 116, Range 22, distant 26.61 feel: west of the northeast corner of said Northwest C,'xiarter of the Northeast Quarter, said north line having a assimied bearing of North 89 degrees 00 minutes 08 seconds West; thence South 0 dearees 12 minutes 04 seconds Fast 429.40 feet.; thence South 54 degrees 12 minutes 38 seconds hest 24-I. 712, feet; the�nre: South 9 degrees 48 minutes 56 seconds West. 16-1.94 feet; thence South 80 degrees 48 minutes 25 seconds East, 228.7-1 feet; thane.e North 77 degrees East, 741 .04 feet to the center line of Coimty (toad. No. 4 and the point of beginning of the line to be described; thence South 77 degrees West, 741 .04 feet: thence South 14 degrees 13 minutes 50 seconds East, 171 .55 feet; thence South 4:3 dogyrees 53 minutes 50 seconds East, 196.92 feet; thence South 6 dogyrees East,, 995.06 feel; to the intersection with said line "AB" and said tine there terminating. . Dated: august 10, 1988 Fairfield Phase I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-88-PUD-8-88 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 west of County Road 4, southeast of the Minneapolis and St. Louis Railroad, from the Rural District to the PUD-8-88-R1-13.5 and R1-9.5 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 28th day of September , 1988. (A full copy of the text of this Ordinance is available from the City Clerk.) Affidavit of Publication Southwest Suburban Publishing Inc. 1 Fairfield Phase I PUBLIC ORDINANCE CITY OF EDEN PRAIRIE State of Minnesota HENNEPIN COUNTY, MINNESOTA )SS. ORDINANCE No. 29488-PUD-8-88 AN ORDINANCE OF THE CITY OF County of Hennepin EDEN PRAIRIE, MINNESOTA, RE- MOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING Stan Bolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper]mown as IT IN ANOTHER, AMENDING LE- the Eden Prairie News and has full knowledge of the facts herein stated as follows: GAL DESCRIPTIONS OF LAND IN (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by EACH DISTRICT, AND ADOPTING Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. Cj BY REFERENCE CITY CODE CHAP- (B)The printed public notice that is attached to this Affidavit and identified as No. was published on the date TER 1 AND SECTION 11.99, WHICH, or dates and in the newspaper stated in the attached Notice,and said Notic ' hereby incorporated as part of this Af- AMONG OTHER THINGS,CONTAIN fidavit.Said notice was cut from the columns of the newspaper specified ted below is a copy of the lower case PENALTY PROVISIONS alphabet from A to Z,both inclusive,and is hereby acknowledged as being ekin and ' e of type used in the com and publication of the Notice: THE CITY COUNCIL OF THE CITY abcdefghijkhmopgrstu OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows By: rezoning of land located west of County tan Ro en g Road 4,southeast of the Minneapolis and St. Louis Railroad, from the Rural Dis- trict to the PUD-8-88-111-13.5 and Rl- Subscribed and sworn before me on 9.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A,included with this Ordinance �Q gives property.v ste full legal description of this this day of ,Ye1 UgiJ=A-1 I TM TA SCOTf C Effective Date: This Ordinance shall tdYCc'�.'x1= 4EVFFE8E12.93 take effect upon publication. - -= ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor RATE INFORMATION (A full copy of the text of this Ordinance is available from the City Clerk.) Lowest classified rate paid by commercial users for comparable space..$7.60 per column inch (Published in the Eden Prairie News Maximum rate allowed by law for the above matter.....................$7.60 per column inch Wednesday, September 28, 1988; No. 5229) Rate actually charged for the above matter..........:.................$5.04 per column inch s