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Home My WebLink AboutOrdinance - 40-94-PUD-8-94 - Bearpath 4th Addition - 10/04/1994 BEARPATH 4TH ADDITION CITY OF EDEN PRAT U HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-94-PUD-8-94 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MQNNESOTA, 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 R1-13.5 Zoning Districts 40-94-PUD-8-94 (hereinafter "PUD- 8-94-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 1, 1994, entered into between Bill Gilk and Sienna Corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-8-94-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-8-94-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-94-R1-13.5 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-8-94-R1-13.5 are justified by the design of the development described therein. D. PUD-8-94-R1-13.5 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 Rural District and shall be included hereafter in the Planned Unit Development 8-94-R1-13.5, 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 4th day of October, 1994, and finally read and adopted a dered published in summary form as attached hereto at a regular meeting of the City Council of said Ci on the 1st day f November, 1994. ATTEST: John rane, City Clerk ouglas 1. Tenpas, Mayor PUBLISHED in the Eden Prairie News on Legal Description Exhibit A Bearpath 4th Addition LEGAL DESCRIPTION ----- ---------- The North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 19, Township 116, Range 22, Hennepin County, Minnesota, except the east 1 rod thereof. Also, that part of the East 1/2 of the Southeast 1/4 of Section 18, Township 116, Range 22, Hennepin County, Minnesota, except the south 2 rods of the east 1 rod, that lies southerly of the following described line: commencing at the northeast corner of said East 1/2 of the Southeast 1/4, thence South 1 degree 49 minutes 29 seconds East, along the east line of said East 1/2 of the Southeast 1/4, a distance of 1653.84 feet to the point of beginning of the line to be described; thence North 89 degrees 34 minutes 29 seconds West a distance of 1345.25 feet' to the west line of said East 1/2 of the Southeast 1/4 and there terminating, said point <_ of the west line being 1641.77 feet southerly of the northwest corner of said East 1/2 bf the Southeast 1/4, together with a temporary non—exclusive easement for access and egress.) over the west 60 feet of the North Parcel for the benefit of the South Parcel as more fully described in the Declaration of Temporary Easement dated August 8, 1988, filed August 9, 1988, as document number 5440682. BEARPATH 4TH ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-94-PUD—8-94 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 Highway 212, from Rural to R1-13.5 on 5.02 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 (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 ) BEARPATH 4TH ADDITION 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 facs herein HENNEPIN COUNTY,MINNESOTA stated as follows: ORDINANCE NO94-----40-94-PUD-8- � (A)This newspaper has complied with the requirements constituting qualification as a legal ORDINANCE OF THE CITY OF EDEN newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as PRAIRIE,MINNESOTA.REMOVING amended. CERTAIN LAND FROM ON (B)The printed public notice that is attached to this Affidavit and identified as No._� DISTRICT AND PLACINGG IT IT IN N was published on the date or dates and in the newspaper stated in the attached Notice and said ANOTHER,AMENDING THE LEGAL Notie is herebyincorporated as art of this affidavit. Said notice was cut from the columns of DESCRIPTIONS OF LAND I EACH the newspaper specified. Printed below is a co of the lower case alphabet from A to both DISTRICT, AND ADOPTING BYP copy p Z, REFERENCE CITYCODE CHAPTER 1 inclusive,and is hereby acknowledged as being the kind and size of type used in the composition AND SECTION 11.99, WHICH, and publication of the Notice: AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS abcdefghijklmno qr tuWkyz THECITY COUNCILOFTHECITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows By: rezoning of land located at Dell Road and V Stan Rolfsrud,Genera anager Highway 212,from Rural to R1-13.5 on 5.02 acres;subject to the terms and con- ditions of a developer's agreement.Ex- Subscribed and sworn before me on hihit A included with this Ordinance, gives the full legal description of this :� ;�. Gh:Et.%1.RAOU- property. /, na.,sM hiOTAR'7`FU1t}t;_G'lll+`E$C}i'A ', Effective Date:This Ordinance shall this /,, — day of ,1994 - . .;-a}r urn-1 T CCU"ITY ' take effect upon publication. -� ATTEST: /s/John D.Frane City Clerk u las B.Ten as Not ' /s/Do g p Notary Public Mayor (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,November 10.1994;No.7251) 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 ......................... S 11.20 per column inch Rate actually charged for the above matter....................................... S6.89 per column inch