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HomeMy WebLinkAboutOrdinance - 10-91-PUD-4-91 - Fairfield Amend - within R1-9.5 - 04/02/1991 Fairfield 1991 Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-91-PUD-491 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 R1-9.5 District and be placed in the Planned Unit Development 4-91-R1-9.5 (hereinafter "PUD 4-91-R1-9.5). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of February b, 1990, entered into between Centex Real Estate Corporation, a Nevada corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement to the Developer's Agreement, dated as of May 7, 1991, entered into between Centex Real Estate Corporation, a Nevada corporation, and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 4-91-R1-9.5, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 4-91-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 4-91-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 4-91-R1-9.5 are justified by the design of the development described therein. D. PUD 4-91-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 R1-9.5 District and shall be included hereafter in the PUD 4-91-R1-9.5, 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 2nd day of April, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of May, 1991. ATTEST: ouo zP1(tw�j � John D. ane, tiity Clerk D uglas B. Tenpas, Ma r PUBLISHED in the Eden Prairie News on the day of� �- , 1991. • • EXHIBIT A P.U.D. k'(11-4 T AMENDMENT PAGE 1 OF 3 All those parts of the following described land which lie southeasterly of the southeasterly right--of-tray 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 2Z. 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 cf 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 Foad, 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. • EXHIBIT A _ . . PAGE 2 OF 3 That part of the Southeast 1/4 of Section 17, Township 116, Range 22, 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 d 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 i 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 i 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. V Ens t 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 114 of the Southwest 1/4 of Section 17, Township 116, Range 22, lying Southeast of the Railroad right-of-way. EXHIBIT A PAGE 3 OF 3 P.U.D. DISTRICT REVM1 - ZONING DISTRICT` AMMD:�4EIST' - PP,=,,LgPM PIAT All r._ 1 utiot I anti .Nose carts of Cu.lots B, C, D. G and H. F-x_RF--r=j OF E:!-2. FTLAIrIE '.:`.i: ADDITICN. according to the recorded plat ther_�of,, Pxrs that r3r* ::ith_n FAIRFIEL.D .CF ED04 PRAIRIE 3Fw aDDiTIC':, acr_l ri_n, to the t-clo i plat Cher-of. i Which 1 :es easLer'.-• )f tht- follct-ing described line_ Cc=eencing -.L. the southwest corner of Lot 5 of Blccic 6 in said FAIRFIELD Cr• 1-37E'i FR;.IRIE 3RD ADDITICN; thence westerly along the northerly line of said addition 223.96 feet to the point of beginning of the line to be described; thence North 23 degrees West, 11.66 feet; thence northwesterly 299.21 feet alon-a a ' tangential curve, to the left, having a central angle of 10 degrees 56 minutes 33 seconds and a radius of 1566.69 feet; thence North 33 56 minutes 33 seconds West, tangent to the last described cti;-c, 56.30 feet; thence northerly 372.12 feet-along a t-ingential ce,arve, to the right, having a central angle of 74 degrees 11 otinutes 43 seconds and a radius of 287.36 feet; thence North 40 dc!i:rees 15 minutes 11 seconds East, tangent to the last d;-scribed eu:-,e, 313.55 feet; thence northeasterly 308.76 feet along a tins�•�ntial curve, to the left, having a central .angle of 23 degrees 49 minutes 39 seconds and a radius of 455.62 feet; .-hence North 1 degree 25 minutes 32 seconds East, tangent to the last dtscr:'j.i curve, 201.27 feet to the north line of sa_d Cutlot G, and ',-n e ther^ terainating. I i Fairfield-1991 Amendment is CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-91-PUD-4-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE R1-9.5 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 amends the zoning of land within the R1-9.5 Zoning District located north of Stanley Trail and north of Candlewood Parkway 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: Job. r , City Clerk Douglas B. Tenpas, M yor PUBLISHED in the Eden Prairie News on the&A day of�. 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) • Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) Fairfield 1991 Amendment )SS. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA County of Hennepin ) ORDINANCE NO. 10-91-PUD-4-91 AN ORDINANCE OF THE CITY OF Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of the newspaper known EDEN PRAIRIE, MINNESOTA, as the Eden Prairie News and has full knowledge of the facts herein stated as follows: AMENDING THE ZONING OF (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,as provided CERTAIN LAND WITHIN THE Rl- by Minnesota Statute 331A.02,331A.07,and other applicable laws,asamended. 9.5 DISTRICT AND ADOPTING BY �J REFERENCE CITY CODE CHAPTER (B)Tle printed public notice that is attached to this Affidavitand identified asNo. %& waspublishedon 1 AND SECTION 11.9,WHICH, the date ordates and in the newspaper stated in the attached Notice,and said Notice is hereby incorporated as part AMONG OTHER THINGS, of this affidavit.Said notice was cut form the columns of thenewspaper specified.Printedbelowisaeopyofthe CONTAIN PENALTY PROVISIONS. lower case alphabet from A to 2,both inclusive,and is hereby acknowledged as being the kind and size of type used THE CITY COUNCIL OF THE CITY in the composition and publication of the Notice: OF EDEN PRAIRIE,MINNESOTA, ORDAINS: abcdefghijklmnopgrstuvwxy Summary: This Ordinance amends the zoning of land within the R1-9.5 Zoning District located north of Stanley Trail and north of Candlewood Parkway subject to the terms and conditions of a By. developer's agreement. Exhibit A, in- R rud, General Manager eluded with this Ordinance,gives the full Subscribed and sworn before me on legal description of this property. Effective Date:This Ordinance shall WK t thisdayof 1991 �x .F : �a n�tdid�PlN COUNTY KWAR a MY COMk1ISSI0N EXPIRES 3&98 - N ! ` an On dray a( 1"I. Wl t/ Nota y Public (A full copy of the text of thi�inance is available from the City Clerk.) (Published in the Eden Prairie News Thursday,June 6, 1991;No.6176) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.................. $10.12 per column inch Maximum rate allowed by law for the above matter.................................................. $10.12 per column inch Rate actually charged for the above matter ................................................................ $5.84 per column inch