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HomeMy WebLinkAboutOrdinance - 44-94 - Buca Restaurant - 09/20/1994 BUCA RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 4 4 - 9 4 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-Com Zoning District. SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is amended within the C-Com Zoning District, and the legal description of land in such District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is 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 developed in accordance with plans dated August 19, 1994. 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 20th day of September, 1994, and finally read and adopted and or published y* i summary form as attached hereto at a regular meeting of the City Council of said City on t e 1 th day of ovembe 1994. ATTEST: if IV Joh . Frane, City Clerk ouglas r Tenpas, Mayo PUBLISHED in the Eden Prairie News on Legal Description Exhibit A Buca Restaurant Legal Description: Lot 2, Block 1 , EDENVALE RECREATION CENTER 2ND ADDITION And That part of Lot 1, Block 1, lying southerly of the easterly extension of the north line of Lot 2, .Block 1 , the northerly line of Lot 2, Block 1, extended easterly to a point of intersection with the easterly line of Lot 2, Block 1 , extended northerly all in EDENVALE RECREATION CENTER 2ND ADDITION. And The West 30.00 feet, as measured at a right angle of Lot 3, Block 1 , EDENVALE RECREATION CENTER 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, and that part of Lot 1 , said Block 1 lying southerly of the easterly extension of the most northerly line of Lot 2, said Block 1, lying easterly of the northerly extension of the most easterly line of said Lot 2 and lying westerly of the northerly extension of the easterly line of the West 30.00 feet of said Lot 3. Notes: I. This survey was prepared without the benefit of complete title research and may not show all easements which such research might divulge. 2. The locations of underground utilities are based upon field locations, maps and records and may not be exact. 3. The area of the property shown hereon is 54 ,552 square feet or 1.2523 acres. 4. The zoning of the property is Community Commercial. 5. Easement agreement filed as document no. 4224917 creates a 26 foot wide roadway easement over part of Outlot B, EDENVALE RECREATION CENTER 2ND ADDITION. We are not aware of any other documents which extend the roadway over all of Outlot B. 6. There are covenants and restrictions which may effect the development of this property. BUCA RESTAURANT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MRNNESOTA ORDINANCE NO. 4 4 - 9 ,4, AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning on land located at Highway 5 and Mitchell Road within the C-Com Zoning District. 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 ) BUCA RESTAURANT CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher HENNEPIN COUNTY,MINNESOTA of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein ORDINANCE NO.42-94 stated as follows: AN ORDINANCE OF THE (A)This newspaper has complied with the requirements constituting qualification as a legal CITY OF EDEN PRAIRIE, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as MINNESOTA,AMENDING THE amended. ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, (B)The printed public notice that is attached to this Affidavit and identified as No.- AND ADOPTING BY REFRERENCE was published on the date or dates and in the newspaper stated in the attached Notice,and said CITY CODE CHAPTER 1 AND Notice is hereby incorporated as part of this affidavit. Said notice was cut from the columns of SECTION 11.99,WHICH, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both AMONG OTHER THINGS, inclusive,and is hereby acknowledged as being the kin n size of type used in the composition CONTAIN PENALTY PROVISIONS and publication of the Notice: THE CITY COUNCIL OFTHE CITY OF EDEN PRAIRIE, MINNESOTA, abcdefghijklmnop rst vxyz ORDAINS: Summary: This ordinance allows amendment of the zoning on land located at Highway 5 and Mitchell Road within the C-Com Zomng District. Exhibit A, By' included with this Ordinance,gives the Stan Rolfsru ,General Manager full legal description of this property. Effective Date:This Ordinance shall Subscribed and sworn before me on take effect upon publication. ATTEST: /s/John D.Franc � ,�. -.,„_�L;u r . tLOir'�.h -L'�'`� �GJT? City Clerk this day of , 1994 "'�'1 i fi' /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 Notary Public Thursday.December 1,1994;No.7271) RATE INFORMATION Lowest classified rate paid by commercial users forcomparable space...S 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 ....................................... S6.39 per column inch