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HomeMy WebLinkAboutOrdinance - 7-92 - Taco Bell Zoning District Amendment within C-Reg-Serv - 02/04/1992 Taco Bell CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #7-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING WITHIN A PARTICULAR ZONING 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 of the land be amended within the C-Reg-Ser District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the C-Reg-Ser District, and the legal descriptions of land in such 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 Tpntire 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 March 10, 1992, entered into between Taco Bell, a California corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between DYS Properties Partnership, a Minnesota general partnership, and the City of Eden Prairie, dated as of March 10, 1992, 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 4th day of February, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the loth day of March, 1992 . ATTEST: John D. an , City Clerk ouglas B. npas, ayor PUBLISHED in the Eden Prairie News on the 26th day of March, 1992 That part of Lot 2 , Elo_k 1 , TH- C_ 1�� �i :�. F-�•F: ��4.: , �_ platted and recorded, Hennepin County, hinn__ota, des,ribed as follows: Beginning at the most westerly corner of said Lot 2, said point ;also being the most northerly corner of Lot 1, Block 1,. in said plat; thence northeasterly 94.08 feet along the northwesterly line of said Lot 2 on a curve to the left with a radius of 1994 .86 feet and with a central angle of 02 degrees 42 minutes 08 seconds and with a chord bearing of North 39 degrees 37 minutes 32 seconds East (plat bearing datum) and a chord length of 94.07 feet; thence South 55 degrees 15 minutes 12 seconds East 67.00 feet; thence South 18 degrees 23 minutes 00 seconds East 40.00 feet; thence South 55 degrees 15 minutes 12 seconds East 106 .15 feet; thence South 40 degrees 06 minutes 30 seconds East 31.11 feet to a point on the southeast line of said Lot 2; thence South 49 degrees 53 minutes 30 seconds West 123 . 00 feet along the southeasterly line of said Lot 2 to the most southerly corner of said Lot 2; thence North 40 degrees 06 minutes 30 seconds West 218 . 65 feet along the southwesterly line of said Lot 2 to the point of beginning. Said tract contains 24,566 square feet (0.564 acres), more or less . Subject to easements, reservations or restrictions of record. Taco Bell CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE C-REG-SER 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 C-Reg-Ser Zoning District located on Joiner Way, south of Goodyear Tire 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, City Clerk /s/ Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the 26th day of March 1992. (A full copy of the text of this Ordinance is available from the City Clerk.) A:\ORDFORM\REZONAMD.SUM Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) Taco Bell )SS. CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA County of Hennepin ) ORDINANCE NO.7-92 AN ORDINANCE OF THE CITY OF Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the EDEN PRAIRIE MINNESOTA, newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: AMENDING THE ZONING OF CERTAIN LAND WTI WTIHN THE (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper, C-REG-SER DISTRICT AND as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION (B)The printed publicnotice that is attached to this Affidavit and identified as No was 11.9,WHICH,AMONG OTHER published on the date or dates and in the newspaper stated in the attached Notice,and said Notice is THINGS,CONTAIN PENALTY hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper PROVISIONS. specified.PrmtedbelowisacopyofthelowercasealphabetfromAtoZ,both inclusive,and ishereby THE CITY COUNCIL OF THE CITY acknowledged asbeing the kind and size of type used in the composi on and publication of the Notice: OF EDEN PRAIRIE,MINNESOTA, ORDAINS: abcdefghijklmnopgrstuvwx Summary This Ordinance amends the zoning of land within the C-Reg-Ser Zoning District located on Joiner Way, south of Goodyear Tire subject to the By: terms and conditions of a developer's S Rolfsrud,General Manager agreement.Exhibit A,included with this Ordinance,gives the full legal destxiption of this property. Subscribed and sworn before me on Effective Date:This Ordinance shall take effect upon publication. ATTEST: /s/John D.Frane,City Clerk this day of �,1992 _ TttEREsa teA. t at Is/Douglas B.Tenpas,Mayor _� ih�v Yueuc (A full copy of the text of this Ordinance is available from the City Clerk.) (Published in the Eden Prairie News 4mg/14— Thursday,Mar.26,1992,No.6393) NdtaryPublic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space ........ $13.50 per column inch Maximum rate allowed by law for the above matter....................................$13.50 per column inch Rate actually charged for the above matter....................................................$6.13 per column inch