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HomeMy WebLinkAboutOrdinance - 25-93-PUD-5-93 - Brunswick Family World Rezoning from Rural to PUD-5-93-Commercial-Regional Service - 07/20/1993 BRUNSWICK FAMILY WORLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-93-PUD-5-93 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 District and be placed in the Planned Unit Development Commercial Regional Service District 25-93-PUD-5-93 (hereinafter "PUD-5-93-Commercial Regional Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 20, 1993, entered into between Leiserv, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-5-93-Commercial Regional Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-5-93-Commercial Regional Service is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-5-93-Commercial Regional Service 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-5-93-Commercial Regional Service are justified by the design of the development described therein. D. PUD-5-93-Commercial Regional Service 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 Rural District and shall be included hereafter in the Planned Unit Development 5-93-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 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 20th day of July, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of July, 1993. ATTEST: John rane, City Clerk oug B.Inpas, Mayor PUBLISHED in the Eden Prairie News on 'JUL 2 Exhibit "All LEGAL DESCRIPTION PARCEL That part of the North 1/2 of the Northwest Quarter of Section 14, Township 116,Range 22 described as follows: Commencing at a point on tdie Past line of said quarter section 76.2 feet North of the Southeast comer thereof; thence South along said line 76.2 feet; thence West along the South line of the North 1/2 of said Quarter section 700 feet; thence Easterly to beginning,, according to the Government Survey thereof. PARCEL 2: T1iat part of the following parcels of land: That par:of the North 590 feet of the South 112 of the Northwest Quarter of Section 14, Township 116, Range 2r , lying Easterly of the center line of the two 120 foot permanent easements created by Easement Document No. 1486616, Files of the Registrar of Titles, Hennepin County,Minnesota, except the South 400 feet of the Fast 200 feet thereof and except the South 50 feet of the West 670 feet feet of the Past 870 fed of the North 590 feet of the South 112 of the Northwest Quarter of said Section and except the South 171 feet of the North 190 feet of the East 220 feet of the South 1/2 of the Northwcst Quarter of said Section. That part of a strip of land being the North 50 feet of that part of the South 112 of the Northwest Quarter of Section 14, Township 116, Range 22, lying South of the North 590 feet and Easterly of the ccntcr line of Elie two 120 font permanent easements created by Easement Document No. 1,186616, as reformed by Order Doc No 1915513, Files of the Registrar of Titles, Hennepin County, Minnesota, except the East 876 feet thereof, according; to the Government Survey thereof, which lie Northerly of the Soutlierly right of way line of Singlcur-c Lane as described in Document No. 16658I6, Files of the Registrar of Titles, County of Hennepin, according to the U.S. Government Survey thereof, 11cmicpin County, Minnesota. PARCEL 3: The South 171 feet of tic North 190 feet of the East 220 feet of the South 112 of the Northwest Quarter of Section 14, Township 116, Range 22. PARCEL 4: That part of the following parcels of Iand: The South 50 feet of the West 670 feet of the List 870 feet of the North 590 feet of the South 112 of the Northwest Quarter of Section 14_-Township 116, Range 22, according to the United States Government Survey thereof. That part of the South 1/2 of the Northwest ()uaricr of Section 14, Township 116, Range 22 lying South of the North 590 feet thereof cxccpt that part thereof embraced in Registered Land Survcy No. 687 and except that part of the North 50 feet of above described land lying West of the least 870 feet of said.Northwest Quarter except that part thereof embraced within the plat of The Prescrrc Commercial Paris North and except that part of the above described property lying West of the center line of Prairie Center Drive as said center line is described in Doc. No. 1486615,as reformed by Order Doc. No. 1915515, 3-15-90, Files of Registrar of Titles,according to the Government Survey_thereof, which lies Northerly of the Northerly right of way Zinc of Singletrec Lane as described in Document No. 1693502 and Document No. 1693503, Files of the Registrar of Titles, County of Hennepin. Parcel A: South 150 feet of North 340 feet of East 200 feet of Southeast 1/4 of Northwest 1/4, Section 14, Township 116. Range 22. (#8018), Torrcns Ccrt. No. 705881 Parcel C: Tract A, Registered Land Survey No. 687, Files of Registrar of Titles, County of Hennepin, and East 50 feet of South 50 feet of West 720 feet of East 870 feet of North 590 feet of South 1/2 of Northwest 1/4 of Section 14, Township 116, Range 22. (99042), Torrcns Ccrt. No. 705882 Parcel B: South 200 feet of North 540 feet of cast 200 feet of Southeast . 1/4 of Northwest 114 of Section 14, Township 116. Range 22. (#8034), Torrcns Ccrt. No. 705883, BRUNSWICK FAMILY WORLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-93-PUD-5-93 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 North of Singletree Lane opposite Wal-Mart, from Rural to Commercial Regional Service on 5 acres; 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/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the JUL 2 d 1993 (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher BRUNSWICK FAMILY WORLD of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein CITY OF EDEN PRAIRIE stated as follows: HENNEPIN COUNTY,MINNESOTA (A)This newspaper has complied with the requirements constituting qualification as a legal ORDINANCE NO.25-93-PUD-5-93 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE OF THE CITY amended. OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM (B)The printed public notice that is attached to this Affidavit and identified as No.483, ONE ZONING DISTRICT AND PLAC- was published on the date or dates and in the newspaper stated in the attached Notice,and said ING IT IN ANOTHER, AMENDING Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of THE LEGAL DESCRIPTIONS OF the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both LAND IN EACH DISTRICT, AND inclusive,and is hereby acknowledged as being the kind d size of type used in the composition ADOPTING BY REFERENCE CITY and publication of the Notice: CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER abcdefghijkhnnop rst yz THINGS,CONTAIN PENALTY PRO- VISIONS THECTTYCOUNCIL OFTHECTTY OF EDEN PRAIRIE, MINNESOTA, By: ORDAINS: Stan Rolfsru Manager Summary:. This ordinance allows rezoning of land located North of Singletree Lane opposite Wal-Mart,from Subscribed and sworn before me on Rural to Commercial Regional Service on 5 acres; subject to the terms and ., GWEN M.RADUENZ conditions of a developer's agreement. .!! NOTARY PUBLIC-MINNESOTA Exhibit A,included with this Ordinance, this�!=day of 1993 SCOTTCOUNTY gives the full legal description of this .. My Commission Expires Feb.St,1%9 property. Effective Date:This Ordinance shall take effect upon publication. � ATTEST: Notary Public /s/John D.Franc City Clerk /s/Douglas B.Tenpas Mayor (A full copy of the text of this Ordinance is available from City Clerk.) Published in the Eden Prairie News on Thursday,July 29, 1993;No.6853) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$10.13 per column inch Maximum rate allowed by law for the above matter ..........................$10.13 per column inch Rate actually charged for the above matter.......................................... $6.49 per column inch