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HomeMy WebLinkAboutOrdinance - 59-88-PUD-15-88 - Fairfield Phases 2-6 Rezoning from Rural to PUD-15-88-R1-13.5-R1-9.5 - 12/13/1988 • Fairfield Phase 2-6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 59-88-PUD-15-88 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 11.9, 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 15-88-R1-9.5-R1.13.5 District (hereinafter "PUD 15-88-R1-9.5-R1-13.511. • Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 5, 1989, 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 15-88-R1-9.5-R1-13.5, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 15-88-R1-9.5-R1-13.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 15-88-R1-9.5-R1-13.5 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 contined in PUD 15-88-R1-9.5-R1-13.5, are justified by the design of the development described therein. • i D. PUD 15-88-R1-9.5-R1-13.5 is of sufficient size, . • composition, and arrangement that is 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 15-88-R1-9.5- 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 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 13th day of December, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of February, 1990. ATTEST: Jo b. rane, City Clerk ( ary r Peterson, Mayor PUBLISHED in the Eden Prairie News on the 21st day of February 1990. • 59-88PUD.ORD FAIRFIELD EXHIBIT A Page 1 of 6 P.U.D. CONCEPT & DISTRICT REVIEW AND PRELIMINARY PLAT All those parts of the following described land which lie southeasterly of the southeasterly right-of-way of the Minneapolis, and St. Louis Railroad: All that part of the South 3/8 of the Northeast 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22, lying West of County Road No. 4. The West 2/3 of South 3/8 of the Northeast 1/4 of the Northwest 1/4 of Section 20, Township 116, Range 22. All that part of the Southeast 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22, which lies West of County Road No. 4, except that part thereof described as follows: Commencing at a point 279 feet West of the Northeast corner of the Southeast 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22, which point is the center of so called Murphy Ferry Road; thence West 442 feet; thence South 340.8 feet; thence East on a line parallel to the North line of the Southeast 1/4 of the Northeast 1/4 to a point in center of the so called road; thence Northwesterly along the center of said road to the place of beginning, and except the southerly 450.00 feet of said Southeast 1/4 of the Northeast 1/4 of Section 20 and that part which lies southwesterly of the following described line; Beginning at a point 615.00 feet west of the east line of said Southeast quarter of the Northeast quarter and 300.00 feet northerly of the south line of said Southeast quarter of the Northeast quarter; thence northwesterly to a point on the west line of said Southeast quarter of the Northeast quarter, 750.00 feet north of the southwest corner of said Southeast quarter of the Northeast quarter as measured along said west line of said Southeast Quarter of the Northeast Quarter and there terminating. That part of the North 5/8 of the Northeast 1/4 of the Northeast 1/4 lying West of County Road No. 4, except Road, Section 20, Township 116, Range 22. The Northwest 1/4 of the Northwest 1/4 except Railroad right- of-way, Section 20, Township 116, Range 22. North 5/8 of the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 116, Range 22. North 5/8 of the Northeast 1/4 of the Northwest 1/4 except Railroad right-of- way, Section 20, Township 116, Range 22. Continued next page FAIRFIELD EXHIBIT A Page 2 of 6 (Continued from P.U.D. Concept & District Review and Preliminary Plat) That part of the Southeast 1/4 of Section 17, Township 116, Range 22, i described as follows: Commencing at the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of said Section; thence North along the East line of said Southwest 1/4 of the Southeast 1/4, a distance of 914 feet; thence deflecting to the right at an angle of 81 degrees, 37 minutes, a distance of 244 feet, more of less, to the center line of Shakopee Road; thence Northerly along the center line of said Road a distance of 830 feet to the point of beginning of the tract of land to be described; thence Westerly to a point 1748.95 feet North of the South line of said Section and in a line described as follows: Beginning at the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of said Section; thence West along South line of said Section 274 feet; thence deflecting to the right at an angle of 91 degrees, 58 minutes, 30 seconds a distance of 1748.95 feet to said point; thence South along said line a distance of 1748.95 feet to the point in the South line of said Section distant 274 feet West of the Southeast corner of said Southwest 1/4 of the Southeast 1/4; thence West along said South line to the Southwest corner of said Southwest 1/4 of the Southeast 1/4; thence North along West line of said Southwest 1/4 of the Southeast 1/4 to a point 1 rod South from the Northwest corner of said Southwest 1/4- of the Southeast 1/4; thence East parallel with the North line of said Southwest 1/4 of the Southeast 1/4 to a point distant 1 rod Southeasterly measured at a right angle from Southeasterly line of the right-of-way of the Minneapolis, and St. Louis Railroad; thence Northeasterly parallel with and 1 rod distant from said right-of-way to the intersection of a line drawn North 87 degrees, 45 minutes West from . a point in the center line of the Shakopee Road distant 528.3 feet Northerly form the South line of the Northeast 1/4 of the Southeast 1/4 of said Section 17, which said point is determined by measuring along the center line of said Road; thence South 87 degrees 45 minutes East to the said center line of said road; thence Southeasterly along said center line to the point of beginning. u East 1/3 of South 3/8 of Northeast 1/4 of Northwest 1/4 and South 3/8 of Northwest 1/4 of Northeast 1/4, Section 20, Township 116, Range 22. That part of the Southeast 1/4 of the Southwest 1/4 of Section 17, Township 116, Range 22, lying Southeast of the Railroad right-of-way. FAIRFIELD EXHIBIT A Page 3 of 6 GUIDE PLAN CHANGE FROM INDUSTRIAL TO LOW DENSITY RESIDENTIAL AND ZONING FROM RURAL TO R1-13.5 • That part of the North half of the Northwest Quarter of Section 20, Township 116, Range 22 and the North half of the Northeast Quarter of said Section 20 and the Southeast Quarter of the Northeast Quarter of said Section 20; and the South half of the Southwest Quarter of Section 17, Township 116, Range 22 and the South half of the Southeast Quarter of said Section 17 and the Northwest Quarter of the Southeast Quarter of said Section 17 described as follows; Beginning at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 20, Township 116, Range 22; thence South 88 degrees 43 minutes 53 seconds West, assumed bearing, 2086.00 feet along the South line of said Northwest Quarter of the Northwest Quarter of Section 20 to the easterly right-of-way of the Minneapolis and St. Louis Railway Company; -thence North 43 degrees 23 minutes 00 seconds East, 981.82 feet along said easterly right-of-way of said Minneapolis and St. Louis Railway Company; thence South 63 degrees 30 minutes 00 seconds East, 223.00 feet; thence South 87 degrees 00 minutes 00 seconds East, 246.00 feet; thence North 79 degrees 00 minutes 00 seconds East, 353.00 feet; thence South 80 degrees 00 minutes 00 seconds East, 424.00 feet; thence North 83 degrees 00 minutes 00 seconds East, 198<51 feet; thence South 18 degrees 00 minutes 00 seconds East, 297.40 feet; thence South 5 degrees 00 minutes 00 seconds East, 292.00 feet to the south line of the Northwest Quarter of the Northeast Quarter of Section 20, Township 116, Range 22; thence North 89 degrees 35 minutes 18 seconds West, 112.59 feet along said south line of the Northwest Quarter of the Northeast Quarter of Section 20 to the point of beginning. FAIRFIELD GUIDE PLAN CHANGE EXHIBIT A FROM INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL Page 4 of 6 That part of the North half of the Northwest Quarter of Section 20, Township 116, Range 22 and the North half of the Northeast Quarter of said Section 20 and the Southeast Quarter of the Northeast Quarter of said Section 20; and the South half of the Southwest Quarter of Section 17, Township 116, Range 22 and the South half of the Southeast Quarter of said Section 17 and the Northwest Quarter of the Southeast Quarter of said Section 17 described as follows; Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 20, Township 116, Range 22; thence South 88 degrees 43 minutes 53 seconds West, assumed bearing, 2086.00 feet along the south line of said Northwest Quarter of the Northwest Quarter of Section 20 to the easterly right-of-way of the Minneapolis and St. Louis Railway Company; thence North 43 degrees 23 minutes 00 seconds East, 981.82 feet along said easterly right-of-way of the Minneapolis and St. Louis Railway Company to the point of beginning of the land to be described; thence continuing North 43 degrees 23 minutes 00 seconds East, 1970.00 feet along said easterly right-of-way of the Minneapolis and St. Louis Railway Company; thence South 86 degrees 00 minutes 00 seconds East, 1101.63 feet; thence South 2 degrees 58 minutes 23 seconds West, 736.51 feet; thence South 80 degrees 00 minutes 00 seconds West, 112.82 feet; thence North 87 degrees 00 minutes 00 seconds West, 123.00 feet; thence North 2 degrees 00 minutes 00 seconds East, 113.00 feet; thence North 86 degrees 30 minutes 00 seconds West, 156.00 feet; thence South 5 degrees 00 minutes 00 . seconds West, 154.00 feet; thence South 31 degrees 00 minutes 00 seconds West, 189.00 feet; thence South 48 degrees 30 minutes 00 seconds West, 292.00 feet; thence South 8 degrees 00 minutes 00 seconds West, 286.00 feet; thence South 83 degrees 00 minutes 00 seconds West, 453.00 feet; thence North 80 degrees 00 minutes 00 seconds West, 424.00 feet; thence South 79 degrees 00 minutes 00 seconds West, 353.00 feet; thence North 87 degrees 00 minutes 00 seconds West, 246.00 feet; thence North 63 degrees 30 minutes 00 seconds West, 223.00 feet to the point of beginning. FAIRFIELD EXHIBIT A Page 5 of 6 ZONING FROM RURAL TO RI-9.5 That part of the North half of the Northwest Quarter of Section 20, Township 116, Range 22 and the North half of the Northeast Quarter of said Section 20 and the Southeast Quarter of the Northeast Quarter of said Section 20; and the South half of the Southwest Quarter of Section 17, Township 116, Range 22 and the South half of the Southeast Quarter of said Section 17 and the Northwest Quarter of the Southeast Quarter of said Section 17 described as follows; Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 20, Township 116, Range 22; thence South 89 degrees 35 minutes 18 second East, assumed bearing, 112.59 feet along the south line of said Northwest Quarter of the Northeast Quarter to the point of beginning of the land to be described; thence North 5 degrees 00 minutes 00 seconds West, 292.00 feet; thence North 18 degrees 00 minutes 00 seconds West, 297.40 feet; thence South 83 degrees 00 minutes 00 seconds West, 198.51 feet; thence North 80 degrees 00 minutes 00 seconds West, 424.00 feet; thence South 79 degrees 00 minutes 00 seconds West, 353.00 feet; thence North 87 degrees 00 minutes 00 seconds West, 246.00 feet; thence North 63 degrees 30 minutes 00 seconds West, 223.00 feet to the easterly right-of-way of the Minneapolis and St. Louis Railway Company; thence North 43 degrees 23 minutes 00 seconds East, 1970.00 feet along said easterly right-of-way of the Minneapolis and St. Louis Railway Company; thence South 86 degrees 00 minutes 00 seconds East, 1101.63 feet; thence South 2 degrees 58 minutes 23 seconds West, 688.22 feet; thence South 89 degrees 00 minutes 08 seconds East, 795.90 feet to the centerline of County Road No. 4 Plat 34 per Doc. No. 1227238 as recorded in the office of the Registrar of Titles; thence South 1$ degrees 00 minutes 15 seconds East, 158.50 feet along said centerline;.thence along said centerline a distance of 468.76 feet along a tangential curve concave to the northeast said curve has a radius of 2978.50 feet a central angle of 9 degrees 01 minutes 02 seconds and a chord of 468.28 feet which bears South 17 degrees 30 minutes 46 seconds East; thence South 79 degrees 00 minutes 00 seconds West, 529.52 feet, not tangent to the last described curve; thence North 82 degrees 30 minutes 00 seconds West, 139.99 feet; thence South 3 degrees 00 minutes 00 seconds East, 185.69 feet; thence South 29 degrees 00 minutes 00 seconds East, 71.00 feet; thence South 46 degrees 00 minutes 00 seconds East, 182.00 feet; thence South 15 degrees 00 minutes 00 seconds East, 66.00 feet; thence South 37 degrees 00 minutes 00 seconds East, 56.00 feet; thence South 2 degrees 00 minutes 00 seconds East, 97.00 feet; thence South 19 degrees 00 minutes 00 seconds West, 72.90 feet; thence North 89 degrees 35 minutes 18 seconds West, 1412.03 feet along said south line of the Northwest Quarter of the Northeast Quarter to the point of beginning. EXHIBIT A Page 6 of 6 ZONING FROM RURAL'TO R1-13.5 That part of the North half of the Northwest Quarter of Section 20, Township 116, Range 22 and the North half of the Northeast Quarter of said Section 20 and the Southeast Quarter of the Northeast Quarter of said Section 20; and the South half of the Southwest Quarter of Section 17, Township 116, Range 22 and the South half of the Southeast Quarter of said Section 17 and the Northwest Quarter of the Southeast Quarter of said Section 17 described as follows; Commencing at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 20, Township 116, Range 22; thence South 89 degrees 35 minutes 18 seconds East assumed bearing, 1305.15 feet to the west line of the Southeast Quarter of the Northeast Quarter of said Section 20, Township 116, Range 22 and the point of beginning of the land to be described; thence South 1 degree 06 minutes 21 seconds East, 589.84 feet along said west line of the Southeast Quarter of the Northeast Quarter of Section 20; thence South 57 degrees 32 minutes 51 seconds East, 556.39 feet; thence North 89 degrees 49 minutes 54 seconds East, 838.82 feet to the centerline of County Road No. 4, Plat 34 per Doc.- No. 1227238 as recorded in the office of the Registrar of Titles; thence North 0 degrees 30 minutes 31 seconds East, 150.59 feet along said centerline; thence continuing northwesterly on said centerline a distance of 365.25 feet along a tangential curve concave to the southwest said curve has a radius of 698.70 feet a central angle of 29 degrees 57 minutes. 06 seconds; thence continuing along said centerline tangent to the last described curve North 29 degrees 26 minutes 38 seconds West, 41.44 feet; thence North 89 degrees 35 minutes 18 seconds West, 637.62 feet; thence North 0 degrees 24 minutes 42 seconds East, 340.80 feet; thence South 89 degrees 35 minutes 18 seconds East 442.00 feet to said centerline of County Road No. 4; thence North 29 degrees 26 minutes 38 seconds West 146.18 feet along said centerline; thence along said centerline 263.38 feet along a tangential curve concave to the northeast, said curve has a radius of 2289.18 feet a central angle of 6 degrees 35 minutes 32 seconds; 'thence along said centerline tangent to the last described curve North 22 degrees 51 minutes 06 seconds West, 148.86 feet; thence along said centerline North 22 degrees 50 minutes 15 seconds West, 213.55 feet; thence along said centerline 42.42 feet along a tangential curve concave to the northeast, said curve has a radius of 2978.50 feet a central angle of 0 degrees 48 minutes 58 seconds and a chord of 42.42 feet which bears North 22 degrees 25 minutes 46 seconds West; thence South 79 degrees 00 minutes 00 seconds West, 529.52 feet; thence North 82 degrees 30 minutes 00 seconds West, 139.99 feet; thence South 3 degrees 00 minutes 00 seconds East, 185.69 feet; thence South 29 degrees 00 minutes 00 seconds East, 71.00 feet; thence South 46 degrees 00 minutes 00 seconds East, 182.00 feet; thence South 15 degrees 00 minutes 00 seconds Fast, 66.00 feet; thence South 37 degrees 00 minutes 00 seconds East, 56.00 feet, thence South 2 degrees 00 minutes 00 seconds East, 97.00 feet; thence South 19 degrees 00 minutes 00 seconds West, 72.90 feet, thence North 89 degrees 35 minutes 18 seconds West, 219.47 feet to the point of beginning. Fairfield Phase 2-6 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 59-88-PUD-15-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, 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 C.S.A.H. #4, south of Scenic Heights Road, from the Rural District to the PUD-15-88-R1-90.5-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: John-`D. Frane, City Clerk ar�'; Peterson, Mayor PUBLISHED in the Eden Prairie News on the 21st day of February,1990. (A full copy of the text of this Ordinance is available from the City Clerk. ) Is Affidavit of Publication Southwest Suburban Publishing Fairfield Phase 2-6 CITY OF EDEN PRAIRIE ) HENNEPIN COUNTY,MINNESOTA State of Minnesota ORDINANCE NO.59-88-PUD-1548 AN ORDINANCE OF THE CITY )SS. OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM County of Hennepin ) ONE ZONING DISTRICT AND PLAC- ING IT IN ANOTHER, AMENDING Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisherof the newspaperkmown THE LEGAL DFSCRIFMN OF LAND as the Eden Prairie News and has full knowledge of the facts herein stated as follows: IN EACH DISTRICT, AND ADOPT- (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided ING BY REFERENCE CITY CODE by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, (B)The printed public notice that is attached to this Affidavit and identified as No.157 S I ,was published on CONTAIN PENALTY PROVISIONS. the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part THE CITY COUNCIL OF THE CITY of this affidavit. Said notice was cut form the columns of the newspaper specified. Printed below is a copy of the OF EDEN PRAIRIE, MINNESOTA, lower case alphabet from A to 2,both inclusive,and is hereby acknowledged as being the kind and size of type used ORDAINS: in the composition and publication of the Notice: Summary: This ordinance allows rezoning of land located west of C.S.A.H. abedefghijklmnopgrstu tf4,south of Scenic Heights Road,from the Rural Distrk*to the PUD-15-88-R1- 90.5-RI-13.5 District,subject to ae terms and conditions of a developer's agree- B ment. Exhibit A. insladod....:.u►." y SFan Rolfsrud, General Manager tip'of ti ffs Properly. Subscribed and swom before me on l oov Date:Ibis afta=Mall WE ak>ll�,ttt John D.Frane,City Clerk this a� day of � ,1990 i -,. ^ v i�`L�r:' -71 ,•_ Gary D.Peterson,Mayor (A full copy of the text of this Ordinance is available from the City Clerk.) (Published in the Eden Prairie News Wodnes&y,Febtwaty 21,1990;No.5781) Notary Public RATE INFORMATION Lowest classified rate paid by commercial user;for comparable space.............................. $9.44 per column inch Maximum rate allowed by law for the above matter ............................................................ $9.44 per column inch Rate actually charged for the above matter............................................................................ $5.56 per column inch