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HomeMy WebLinkAboutOrdinance - 28-94 - Brentwood - 07/19/1994 BRENTWOOD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2 8 " 9 4 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 R1-22 and R1-13.5 Districts. 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 R1-22 and $1-13.5 Districts, 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 August 16, 1994, entered into between Tandem Properties 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 19th day of July, 1994, finally read and adopted and ordered published ' summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day A ust, 1994 ATTEST: John D. Frane, City Clerk Do B. enpas, May PUBLISHED in the Eden Prairie News on Exhibit "A" Brentwood PROPOSED LEGAL DESMP77ON ?That part of Outlot A,`FAIRFIELD WEST, according'#o the recorded-plat thereof, Hennepin County Minnesota, described as follows.- ?Commencing at the•southwest corner of said Outlot A; thence' .North 88 degrees 05 minutes 55 seconds East, assumed-bearing, alon 'the south line of said Outlot A, a.-- distance of 86..60 feet to the actual point of beg#hrljng of the tract to be described; -thence continue North 88 degrees 05 minutes.55- seconds East, along said south.line, a distance of 308.23 feet to 'the southeasterly line. of said Outlot A; thence-North 42 degrees 45 minutes 43 seconds East, along said southeasterly line, o distance.,of 955.07 feet to the southwesterly line of Lot 1, Block 3, ,-FAIRFIELD WST-2ND•ADD1770N,- according to the recorded plat thereof,.Hennepin, County'Minnesota; thence North. 42 degrees 10 .minutes 57 seconds West, along said southwesterly line"o. distance of 1329f' feet to the northwesterly line of-said Lot 1, Block 3,. thence North- 52 degrees' 52 minutes 24 seconds._ East, along sold:northeasterly line, a-•distance of.156.41 -feet to the westerly right of way-'.. ' line of.Candlewood Parkway, as dedicated on said plot of FAIRFIELD WEST; .thence northerly , along said-westerly line and the"westerly line of Candlewood, as dedicated on_ the plat of FAIRFIELD WEST 2ND A00177ON,;on'a curve, concove'to the east, having a central angle of 52 degrees 11 minutes 14 seconds,.radius••of 555.00 feet, for a arc length_ of 505.52 feet, to the.southerly 11ne.'of Lot T. •Block 1,.FAIRFIELD, WEST 2ND ADDITION, the chord of.said curve bears North `12 degrees =•51 minutes 48 seconds Eost, s; thence North'78 degrees 13 minutes'56,seconds..West,.. along` said southerly line,• a distance_. of 157.64-feet'to-'the wester/yilne.'of:said Block 1,'FAIRFIELD.:WEST 2ND.ADD1770N; ,thence North 15.degrees 07 minutes 28 seconds East,•'alorig soid..west line, a distance of-, 11558 feet,. thence North 09 degrees_,38 minutes 48 seconds.tost, along so►d westerly line'- of Block. 1, a distance of 94.66- feet; thence- north Of degrees 42 minutes 20 seconds Wesf, along sold westerly line, a distance of 100.78 feet;- thence North 07 degrees 05 minutes'41 seconds West, �along said westerly line, a' distonce of 109.32,feet,, thence north 03 degrees 02. minutes 34. seconds West, along said westerly line a'distance 196.41 feet to the northwest•com6r of Scenic Heights Road; . as. dedicated on.'the plot of•FAiRf7E1.D WEST thence South 87 deyrees'28 minutes_26'seconds West, a distonce of 689.99 feet; thence g westerly , along a tangential curve,.concave to the-south, .havin 'a central angle of 15 degrees 27 minutes 29 seconds,.radius- of 756.20 feet, arc length of204,02 feet to the west line of said Oritlot A; thence South 00 degrees 37 minutes 44 'seconds'East, olong said 'west line, a distance 'of 655.24,feet; thence"South 02 degrees 07 minutes 17 seconds East,.'along sold west.`line, a• distance of.65t.50 feet to the easterly'1lne.of Dell Road, .os .dedlcated on the plot of BEARPA7N A.DDiTION, according'fo' the.recorded plat .there*of.Hpnnepin..' = . County Minnesota; thence,southerly ,`a'on g.said easterly line, on a curve- having a central angle of 39 -degreesA09 rnlnutes57:seconds, 'radius of 766.20 feel for o'.arc length' of 523.75 feet to the actuol point 'of beginnIng; the- chord of sold curve bears South 1f degrees 49 ' minutes 43 seconds East. Also Outlot O, BEARPATH ADDITION, according to the recorded plat 'thereof, Hennepin..County Minnesota -" BRENTWOOD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MMVWSOTA ORDINANCE NO. 28 — 94, 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 at Dell Road and Scenic Heights Road, from Rural to R1-22 on 38.13 acres and R1-13.5 on 1.65 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 f�-•�i (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 ) BRENTWOOD Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher CITY OF EDEN PRAIRIE of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein HENNEPIN COUNTY,MINNESOTA stated as follows: ORDINANCE NO.28-94 (A)This newspaper has complied with the requirements constituting qualification as a legal AN ORDINANCE OF THE CITY OF newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as EDEN PRAIRIE,MINNESOTA. amended. REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND (B)The printed public notice that is attached to this Affidavit and identified as No-� PLACING IT IN ANOTHER, was published on the date or dates and in the newspaper stated in the attached Notice,and said AMENDING THE LEGAL Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of DESCRIPTIONS OF LAND IN EACH the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both DISTRICT,AND ADOPTING BY inclusive,and is hereby acknowledged as being the kind and size of type used in the composition REFERENCE CITY CODE CHAPTER and publication of the Notice: 1 AND SECTION 11.99.WHICH. AMONG OTHER THINGS. abedefghijklmno r tuvwxyz CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance allows By' rezoning of land located at Dell Road and Stan Rolfsrud,General Manager Scenic Heights Road,from Rural to RI- 22 on 38.13 acres and R1-13.5 on 1.65 Subscribed and sworn before me on � acres;subject to the terms and conditions of a developer's agreement.Exhibit A, " •F" GWEf4 Li.RADUENZ aer F` NOTAWPUBLIC-115lif4ESOTA included with this Ordinance,gives the SvOTTC011IdTY full Iegal description of this property this day of ,1994 s "u`a •• h4y Commiss;e Exp;rFs FeL+.24,i b7`+ Effective Date:This Ordinance shall VY; ,✓� y �� r take effect upon publication. ATTEST: /s/John D.Franc .City Clerk Notary Public /s/Douglas B.Tenpas Mayor (Published in the Eden Prairie News on e7l Thursday,September 1,1994;No.7 198) (A full copy of the text of this Ordinance is available from City Clerk.) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$11.20 per column inch Maximum rate allowed by law for the above matter ......................... $11.20 per column inch Rate actually charged for the above matter....................................... $6.89 per column inch