HomeMy WebLinkAboutOrdinance - 61-88 - Arby’s Rezoning from Rural & Public to C-Reg-Serv - 12/20/1988 CITY OF EDEN PRAIRIE Arby's
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 61-88
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 and Public Districts and be placed in the Commercial-
Regional-Service District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural and Public Districts and shall be included
hereafter in the Commercial Regional Service 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 February 7, 1989, entered into
between Franchise Associates, Inc., a Minnesota corporation, and the City of Eden
Prairie, and that certain Owner's Supplement to Developer's Agreement, between
Homart Development Co., a Delaware corporation, and the City of Eden Prairie, dated
as of February 7, 1989, which Agreement and Owner's 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 20th 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 7th day of
February, 1989.
ATTEST:
. Frane, City Clerk nary Pet, rson, Mayor
PUBLISHED in the Eden Prairie News on the 26th day of April , 3989
EXHIBIT A .
LEGAL DESCRIPTION '
ZONING LEGAL'DESCRIPTION
That part of Lot 6, Block 1, EDEN PRAIRIE CENTER ADDITION, Hennepin
County, Minnesota, lying northwesterly of the following described line;
Commencing at the most westerly corner of said Lot 6, Block 1; thence
South 24 degrees 42 minutes 54 seconds East, assumed bearing along the
westerly line of said Lot 6, a distance of 50.38 feet to the south line
of said Lot 6; thence easterly along said south line thereof along a
non-tangential curve concave to the north, having a chord bearing of
South 81 degrees 27 minutes 04 seconds East having a radius of 1074.00
feet and a central angle of 5 degrees 52 minutes 06 seconds a distance
of 110.00 feet to the point of beginning of the line to be described;
thence North 19 degrees 18 minutes 09 seconds East, not tangent to last
described curve, a distance of 173.25 feet; thence North 49 degrees 06
minutes 07 seconds East a distance of 130.00 feet to the north line of
said Lot 6, Block 1 and there terminating.
. . . . . .....I.............................
PLATTING:LEGAL'DESCRIPTION
Lot 6, Block 1, EDEN PRAIRIE CENTER ADDITION, Hennepin County, Minnesota.
Arby's
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 61-88
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 east of
Franlo Road, north of Prairie Center Drive, within the Eden Prairie Center property,
from the Rural and Public Districts to the Commercial Regional Service 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 26th day of April 1989.
(A full copy of the text of this Ordinance is available from the City Clerk.)
i
•
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota ) '
CITY OF EDEN PRAIRIE )SS.
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 61-88
AN ORDINANCE OF THE CITY County of Hennepin )
OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM StanRolfsrud,beingdulysworn,ononthsaysthatlieistheaullwrizedagenloflhepubtisherofthenewspaper
ONE TONING DISTRICT AND PLAC- known as Lite Eden Prairie News and has full knowledge of the facts herein staled as follows:
ING IT IN ANOTHER, AMENDING (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as
THELEGALDESCRIPTIONSOFLAND provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
IN EACH DISTRICT, AND ADOPT-
ING BY REFERENCE CITY CODE (B)TheprintedpublicnolicethalisattachedtothisAf(idavitand identified Its No.; -3 .waspublWied
CHAPTER 1 AND SECTION 11.99, onthedateordatesandinlhenewspaperstaledinthent(achedNoticcIandsnidNoticeisherebyincorporated
WHICH, AMONG OTHER THINGS as part of this affidavit. Said notice was cut form the columns of[lie neivspaper specified. Printed below is
CONTAIN PENALTY PROVISIONS a copy of file lowercase alphabet from A to'L,both inclusive,and is hereby aciuiowledged as being[I d
THE CITY COUNCIL OFTHECITY and size of type used in the composition and publication of the Notice: •
OF EDEN PRAIRIE, MINNESOTA,
ORDAINS: abcdefghijklmnopgrstu wx
Summary: This Ordinance allows
rezoning of land located east of Franlo
Road,north of Prairie Center Drive,within
the Eden Prairie Center property, from By.
the Rural and Public Districts to the S stud, General plan.
Commercial Regional Service District,
subject to the terms and conditions of a Sulucribed and sworn before me on
developer's agreement. Exhibit A, in-
duded with this Ordinance,gives the full
legal description of this property.
Effective Date: This Ordinance shall
take effect upon publication. this n d y of, I . 1989 L;.T}
ATTEST:
J ? SCO i-0-4 i r' r
/s/John D. Franc ��.�C�`' r '`:... +�v t r
City Clerk ,
Is/Gary D. Peterson Laurie A. I artmann, Notary 1 ublic
Mayor
(Published in the Eden Prairie News
Wednesday, April 26, 1989; No. 5433) RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space............ $11.25 per column inch
Maximum rate allowed by law for the above matter............................................ $11.25 per column inch
Rate actually charged for the above matter........................................................ $5.30 per column inch