HomeMy WebLinkAboutOrdinance - 42-93 - Peter Andrea 5th Addition Rezoning from Rural to R1-44 and RM-6.5 - 09/21/1993 PETER ANDREA 5TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 42 — 9 3
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NdNNFSOTA, 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 RM-6.5 District and from Rural to R1-44.
SECTION 3. That 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 RM-6.5 and R1-44 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 October 19, 1993, entered into between Peter Andrea Corporation, and the City of Eden
Prairie, and which Agreement 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 21th day of
September, 1993, finally read and adopted and ordered published in summary form as attached hereto at a
regular meeting of the City Council of said City on the 19th day of October, 1993.
ATTEST:
hA
Jo e, City Clerk , Mayor
1�1 C!{gRD�_-1�1J'bE12.5�N
PUBLISHED in the Eden Prairie News on
Exhibit "A"
PROPERTY DESCRIPTION
PARCEL. A
That part of the Northwest Quarter of tic Northwest (.quarter described as: Commencing
at the southwest corner of the Northwest Quarter of the Northwest Quarter; thence East
along the south line thereof 341.35 feet; thcncc northwesterly, deflecting to the left 102
degrees 57 minutes, a distance of 430 feet to the actual point of beginning; thence
southeasterly along tic last described title 96 feet; thcncc southwesterly deflecting to-dic
right 71 degrees 22 minutes a distance cif 1,10 fcei; thcncc westerly deflecting to the right
29 degrees 40 minutes a distance of 159.5 feet, more or Iess, to the west line of the
Northwest Quarter of tlae Northwest Otiartcr; thcncc north along said west line to llic
northwest corner of the Northwest Quartcr of tlic Northwcst Quarter; thcncc Cast along the
north line thereof'to the northeast corner of the Northwest Quarter of the Northwest
Quarter; thence South along [lie cast line Hereof to (lie southcast.corncr of the Northwest
Quarter of the Northwest Quartcr; Choice West along file south title thereof to the
centerilne of U.S. Highway 169 and 212; thence nortlicasterly along the centcriine of said
highway to a line drawn southeasterly from the ;actual point of beginning, through a point
on the northwesterly right-cif-way liaic of said highway distant 344 feet northeasterly along
said right-of-way llne from its intersection with the south line of the Northwest Quarter of
the Northwest Quarter; thcncc northwesterly to the actual point of beginning except the
North 16.5 feet of that part of the above described property lying easterly of the easterly line
of U.S:Highway No. 169 and 212; all in Scction 12, 'Township 116, Range 22, according to
the Government survey thereof.
Which Hesivesterly of the westerly right-of-way line of U.S. I lghway No. 109 ;and 212 except
that part which lies southeasterly of a line :and its southwesterly extension, said line
described as:
Commencing at the southwest corner of said Northwest Quarter of the Northwest
Quarter of Section 12; thence northerly along the west line of said Northwest
Quarter cif said Northwest Quarter a distance of 644.00 rest; thcncc northeasterly
deflecting to the right 59 degrees 46 minutes 09 seconds a distance of 886.98 feet to
the intersectiot with tite westerly right-of-way line cif said U.S.Highway No. 169 and
212 and said line Caere terminating.
Subject to snow fence easements as contained in instruments recorder! in Book 1096 of
Deeds,page 343, Doc.No. 1342921 and Book 254 of Misccliancous Records,page 403, Doc.
No. 1345789 as to the Northwest Quarter of the Northwest Quarter of said Section 12;
Registered property per Certificate of Tide No. 679168
Containing 323,503 sq. ft. or 7.43 acres.
PARCEL.
That part of the Northwest Quarter of the Northwest Quarter described as: Commencing
at the southwest corner of the Northwest Quarter of the Northwest Quarter, thence East
along the south line thereof 341.35 feet; thence northwesterly, deflecting to the left 102
degrees 57 minutes, a distance of 436 feet to the actual point of beginning; thence
southeasterly along the last described line 96 feet; thence southwesterly deflecting to the
right 71 degrees 22 minutes a distance of 140 feel; thence westerly deflecting to the right
29 degrees 40 minutes a distance of 159.5 fact, more or less, to the west line of the
Northwest Quarter of the Northwest Quarter, thence north along said west line to the
northwest corner of the Northwest Quarter of the Northwest Quarter; thence East along the
north line thereof to the northeast corner of tic Northwest Quarter of the Northwest
Quarter; thence South along the cast. line thereof to the southeast corner of the Northwest
Quarter of the Northwest Quarter; thcncc West along the south line thereof to the
centerline of U.S. Highway 169 and 212; thence northeasterly along the centerline of said
highway to a line drawn southeasterly from the actual point of beginning, through a point
.on the northwesterly right-of-way line of said highway distant 344 feet northeasterly along
said right-of-way Iine from its intersection with the south line of the Northwest Quarter of
the'Northwest Quarter, thence northwesterly to the actual point of beginning except the
North 16.5 feet of that part of the above described property lying easterly of the easterly line
of U.S. Highway No. 169 and 212; all in Section 12,Township 116, Range 22, according to
tie Government survey thereof.
Which lies westerly of the westerly right-of-way line of U.S. Highway No. 169 and 212 and
southeasterly of a line and its southwesterly extension, said line described as:
Commencing at the southwest corner of said Northwest Quarter of the Northwest
Quarter of Section 12; thence northerly along the west line of said Northwest
Quarter of said Northwest Quarter a distance of 644.00 feet; thence northeasterly
deflecting to the right 59 degrees 46 minutes 09 seconds a distance of 886.98 feet to
the Intersection with the westerly right-of-way line of said U.S. Highway No. 169 and
212 and said line there terminating.
Subject to snow fence easements as contained in instruments recorded in Book 1096 of
Deeds,page 343, Doc.No. 1342921 and Book 254 of Miscclianeous Records, page 463, Doc.
No. 1345789 as to the Northwest Quarter of the Northwest Quarter of said Section 12;
Subject to the rights in the retained estate, and to a non-exclusive roadway easement for the
purpose of ingress to and egress from tltc retained csta►cs, in favor of William 1•I. Bren and
Marie L Bren, as shown in Deed Doc. Nos. 1719443, 1719444 and 1719445, Files of
Registrar of Titles;
Registered property per CcrtiCicate of Title No. 679167
Containing 324823 sq.ft. or 7.46 acres
PETER ANDREA 5TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 4 2 - 9 J
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 rezoning of land located at Willow Creek Road and Bryant
Lake Drive, from Rural to RM-6.5 and R1-44, 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
(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 )
PETER ANDREA 5TH ADDITION
CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher
HENNEPIN COUINTY, of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein
MINNESOTAstated as follows:
ORDINANCE NO.42-93 (A)This newspaper has complied with the requirements constituting qualification as a legal
AN ORDINANCE OF THE CITY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
OF EDEN PRAIRIE, MINNESOTA, amended.
REMOVING CERTAIN LAND FROM (B)The printed public notice that is attached to this Affidavit and identified as No.�
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 and size of type used in the composition
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION and publication of the Notice:
11.99, WHICH, AMONG OTHER abcdefghijklmnopgrs z
THINGS,CONTAIN PENALTY PRO-
VISIONS.
THECITYCOUNCILOFTHECITY
OF EDEN PRAIRIE, MINNESOTA,
ORDAINS: By:
Summary: This ordinance allows Stan Rolfsrud, General Manager
rezoning of land located at W illow Creek
Road and Bryant Lake Drive,from Rural Subscribed and sworn before me on
to RM-6.5 and R1-44, subject to the
terms and conditions of a Developer's r.;" GWEtJ M.RADUENZ
Agreement. NOTARY PUBLIC-MINNESOTA
Exhibit A,included with this Ordi- this da of �! 1993 ` SCOTT COUNTY
nance,gives the full legal description of y '' ..•� My Commission Expires Feb.24,1999
this property. x
Effective Date:This Ordinance shall
take effect upon publication.
ATTEST:
/s/John D.Frane otary Public
City Clerk
/s/Douglas B.Tenpas
Mayor
(A full copy of the text of this Ordi-
nance is available from City Clerk.)
(Published in the Eden Prairie News on
Thursday,November4,1993;No.6924)
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