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HomeMy WebLinkAboutOrdinance - 32-95-PUD-16-95 - Laukka-Jarvis Development - 09/05/1995 LAUKKA JARVIS DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, NIINNESOTA ORDINANCE NO. 32-95-PUD-16-95 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA, 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 R1-9.5 Zoning District 32-95-PUD-16-95 (hereinafter"PUD-16- 95 R1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 19, 1995, entered into between Laukka-Jarvis, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-16-95-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-16-95-RI-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-16-95-R1-9.5 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-16-95 R1-9.5 are justified by the design of the development described therein. D. PUD-16-95-R1-9.5 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 PUD-16-95-R1-9.5 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 5th day of September, 1995, and 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 December, 1995. ATTEST: 4�/� Ito John JyFrane, City Clerk n . Harris, Mayor PUBLISHED in the Eden Prairie News on LAUKKA-JARVIS DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-95-PUD-16-95 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 South of Riverview Road and east of Riverview Drive from Rural to R1-9.5 on 15.2 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/Jean L. Harris City Clerk Mayor PUBLISHED in the Eden Prairie News on the j7m, o (A full copy of the text of this Ordinance is available from City Clerk.) Laukka-Jarvis Development Exhibit A Legal Description DESCRIPTIONS FROM CERTIFICATE OF TITLES NO. 751494 AND NO. 622260. Government Lot 2, Section 35, Township 116, Range 22 except the East 657.63 feet thereof and except that part of said Government Lot 2 lving Northerly and Northwesterly of the center line of the Town Road. The East line of Government Lot 2 is marked by Judicial Landmarks set pursuant to Torrens Case No. 12611, Section 35, Township 116, Range 22. Subject to a gate valve permit dated September 9, 1954,filed for record October 20, 1954 and recorded in Book 2017 of Deeds, page 624; Subject to a pipe line easement dated September 9, 1954, filed for record October 20, 1954 and recorded in Book 2017 of Deeds, page 630; Subject to a perpetual non-exclusive easement for private road purposes as shown in deed Doc. No. 633750, Files of Registrar of Titles; (See Insi) AND Par 1: The East 400 feet of Government Lot 2, Section 35,Township 116, Range 22, except that part thereof embraced in Registered Land Survey No. 640, Files of Registrar of Titles, County of Hennepin. The East line of Government Lot 2 is'marked by Judicial Landmarks set pursuant to Torrens Case No. 12611. Par 2: West 257.63 feet of the East 657.63 feet lying South of the center line of the town road, of Government Lot 2,Section 35,Township 116, Range 22, according tot the United States Government t Survey thereof. Subject to restrictive covenants and agreements as shown in Doc. No. 914237, Files of Registrar of Titles, until March 31, 1990, (See Inst) (as to Par 1) Together with a perpetual non-exclusive easement for private road purposes lying 10 feet on either side of the following described center line: Beginning at the Northwest corner of the tract of land above described; thence South along the West line of the above described tract 613 feet to the point of beginning of the center line to be described;thence North 67'11' West 50 feet;thence North 320 T West 320 feet to the center line of the town road and there terminating, as shown in deed Doc. No. 633750, Files of the Registrar of Titles. (as to Par 2) 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 of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: (A)This newspaper has complied with the requirements constituting qualification as a legal LAUKKA-JARVIS DEVELOPMENT newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as CITY OF EDEN PRAIRIE amended. HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.32-95-PUD-16-95 (B)The printed public notice that is attached to this Affidavit and identified as No.!7�&D. AN ORDINANCE OF THE CITY OF was published on the date or dates and in the newspaper stated in the attached Notice,and said EDEN PRAIRIE, MINNESOTA, Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the REMOVING CERTAIN LAND FROM newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both ONE ZONING DISTRJCT AND inclusive,and is hereby acknowledged as being the d size of type used in the compo ' PLACING IT IN ANOTHER, and publication of the Notice: AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH abcdefghij opq vxyz DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,CONTAIN By: PENALTY PROVISIONS Stan Rolfsrud,General Manager THE CTTYCOUNCILOFTHECITY or his designated agent OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary:This ordinance allows re- Subscribed and sworn before me on zoning of landlocated South of Riverview Road and east of Riverview Drive from d• G17EN M. R4B11EA!Z Rural to R1-9.5 on 15.2 acres:subject to the terms and conditions of a developer's this day of Z :s.y .*;its,1996 agreement.Exhibit A,included with this Ordinance,gives the full legal description of this property. Effective Date:This Ordinance shall take effect upon publication. Notary Public a6ZeeT ATTEST: /s/John D.Frane,City Clerk /s/Jean L.Harris,Mayor (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,Jan.4, 1996;No.'7460) RATE INFORMATION Lowestclassified rate paid by commercialusers for comparable space......$16.00 per columninch Maximumrate allowed by law for the above matter...................................$16.00 per column inch Rate actually charged for the above matter.............................................. $ 7.67 per column inch