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Ordinance - 13-90 - McDonald’s (within C-Reg-Serv) - 03/13/1990
McDonald's CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #13-90 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 zoning for the land be amended within the Commercial Regional Service District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is amended within 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, "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 April 17, 1990, entered into between McDonald's Corporation and the City of Eden Prairie, which Agreement is 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 13th day of March, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of April, 1990. ATTEST: 9 J D.' ane, City Clerk dary . P ersbn, Mayor PUBLISHED in the Eden Prairie News on the 21st day of June, 1990 i EXHIBIT A Legal Description - PUD District Review/Zoning/Site Plan That part of Lot L, Block 1, EDEN PRAIRIE CEDER 6TH ADDITION, according to the plat on file and of record thereof, Hennepin County, Minnesota, described as follows: Commencing at the most northerly corner of said Lot 1, Block 1, said corner being common with Flying Cloud Drive; thence South 51°-36'-15" East, assumed bearing, along the northerly line of said Lot 1, a distance of 268.74 feet to the northeasterly corner of said Lot 1; thence southerly, .along the easterly line of said Lot 1, Block 1, along a non-tangential curve, concave to the northeast, having a central angle of 00°-09'-16", radius of 651.00 feet, and arc length of 1.75 feet, the chord of said curve bears South 00°-17'-43" East; thence westerly, on a non-tangential curve, concave to the north, having a central angle of 104°-46'-43", radius of. 15.00 feet, and arc length of 27.43 feet, the chord of .said curve bears South 760-37'-02" West; thence North 501-59`-37" West, tangent to the last described curve, a distance of 31.87 feet; thence westerly, along a tangential curve, concave to the - south, having a central angle of 920-25'-57", radius of 47.92 feet, and arc length of 77.31 feet; thence South 360-34'-26" West, a distance of 261.09 feet; thence North 530-30'-53" West, a distance of 172.10 feet to the northwesterly line of said Lot 1; thence North 36°-29'-07" East, along said northwesterly line, a distance of 314.65 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 3759.72 feet, central angle of 000-19'-32" and are length of 21.37 feet to the actual point of beginning. f i McDonald's CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-90 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 REFRERENCE 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 amendment of zoning of land located north of Prairie Center Drive, east of Highway #169, within 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: O/s/ John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the 21st day of June , 1990. (A full copy of the text of this Ordinance is available from City Clerk. ) Affidavit of Publication Southwest Suburban Publishing s State of Minnesota ) i OFm P )SS. H8*MM C)MJ Y.MWNffi©TA ORDINANCE AN D NM OF car County of Hennepin } EDEN PRi4WK MINNESOTA, G CERTAIN LAND FROM Stan Rolfsnrd,being duly swum,on oath says that he is the authorized agent of the publisher of the newspaper known AND PL.AC, as the Eden Prairie News and has full knowledge of the facts herein stated as follows: ING IT R4 ANbTH M AMMING (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided TM 1 EGMM— LTDi by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. 9 (13)The printed public notice that is attached to this Affidavit and identified as Nos D was published on the date or dates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part VAWK-, 'CGS, of this affidavit. Said notice was cut form the columns of the newspaper specified. Printed below is a copy of the 00WTAWVWV&TV S. lower case alphabet from A to 4 both inclusive,and is hereby acknowledged as being the kind and size of type used 7WCrfftMWMOFTHECM in the composition and publication of the Notice: OF EDEN ORDAINS- PRA�IE, MINNL'SOTA, abcdefghijklmnopgrstuvwx Summary: This ovdinaoc3e allows t of drag of Mad located t r of Prairie Center Drive, east of rway#169, within the C.ommeMal By: Regional Service District,subject to the Wn Rolfsrad, Genena ger ftff s and oondi ions of a developer's a*00 xhibit A,included with this Subscribed and sworn before me on I the� l THERESA M. LAW Ds � Ordi;, ARY PUHLtCttttlrst3 pn> don. this '!/! day of 1990 � i r ENNEPIN COUNTY i� ATIBYr. My Cry„1=0N a(PIMS 9.8-96 Aawm D.Flow,city Comic AMaty D.Pearson,Mayor A=of the text of this ordinance rfom a Clerk:. N tary Public in tha �Q Prairie News .June 21,19f;No.5904) RATE INFORMATION Lowest classified rate paid by commercial users 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