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HomeMy WebLinkAboutOrdinance - 15-96 - Roger’s Homestead - 03/12/1996 ROGER'S HOMESTEAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 15-,96 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 R1-13.5 District. 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 R 1-13.5 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 April 16, 1996, entered into between Paul Thorp 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 12th day of March, 1996, finally read and adopted and ordered published in si form as attached hereto at a regular meeting of the City Council of said City on the 16th day of April, 1996. ATTEST: John D. r ne, ity Clerk Jean L. Harris,Mayor PUBLISHED in the Eden Prairie News on birr ROGER'S HOMESTEAD CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 15-96 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 Duck Lake Road and Duck Lake Trail from Rural to R1-13.5 on 10.9 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 (A full copy of the text of this Ordinance is available from City Clerk.) Roger's Homestead Legal Description Exhibit A LEGAL DESCRIPTION That part of Government Lot 4 , and accretions thereto, Section 5, Township 116, Range 22 , described as beginning at the intersection of a line hereinafter referred to as line "A" , which line is drawn from a point on the West line of said Government Lot 4 located midway between the Northwest corner of said Government Lot 4 and the Southwest corner of Government Lot 1 of said Section 5 to a point on the extension South of the East line of said Government Lot 4 located midway between the Northeast corner of said Government Lot 4 and the South quarter corner of said Section 5, with a line hereinafter referred to as line "B" , which line is drawn from a point on the North line of said Government Lot 4 located midway between the Northwest and Northeast corners of said Government Lot 4 to a point on the South line of Government Lot 1 of said Section 5 located midway between the Southwest corner of said Government Lot 1 and the South quarter corner of said Section 5 ; thence East along said line "A" to the shore of Duck Lake; thence Southwesterly along the shore of Duck Lake to its intersection with the extension South of the West line of said Government Lot 4; thence North along said extension and along said West line to the center line of the Town Road running Easterly across said Government Lot 4; thence Easterly along the center line of the Town Road to said line "B" ; thence South along said line "B" 20.82 feet, more or less, to the point of beginning, except that part of said Government Lot 4 described as commencing at the Southwest corner of Government Lot 1 of said Section 5 ; thence North along the West lines of said Government Lots 1 and 4 and their extensions, 1029.16 feet ; thence East, deflecting to the right 89 degrees 59 minutes 20 seconds, along a line hereinafter referred to as line "C" , a distance of 162.77 feet to the actual point of beginning ; thence continuing East along said line "C" 155.02 feet ; thence North at a right angle 198 .48 feet, more or less, to the center line of the Town Road; thence Westerly along said centerline 155.95 feet to an intersection with a line drawn North at right angles to said line "C" from the actual point of beginning; thence South 181 .5 feet, more or less, to the actual point of beginning, according to the Government Survey thereof. Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly swom,on oath says that he is the authorized agent of the publisher of HENNEPIN COUNTY,MINNESOTA the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated ORDINANCE NO.15-96 as follows: AN ORDINANCE OF THE CITY (A)This newspaper has complied with the requirements constituting qualification as a legal OF EDEN PRAIRIE, MINNESOTA, newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as REMOVING CERTAIN LAND FROM amended. ONE ZONING DISTRICT AND PLAC- ING IT IN ANOTHER, AMENDING (B)The printed public notice that is attached to this Affidavit and identified as No. THE LEGAL DESCRIPTIONS OF was published on the date or dates and in the newspaper stated in the attached Notice,and said LAND IN EACH DISTRICT, AND Notice is hereby incorporated as part of this affidavit.Said notice was cut from the columns of the ADOPTING BY REFERENCE CITY newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both CODE CHAPTER 1 AND SECTION inclusive,and is hereby acknowledged as being the kind and size of type used in the composition 11.99, WHICH, AMONG OTHER and publication of the Notice: THINGS,CONTAIN PENALTY PRO- VISIONS. abcdefghijklmn pqr uvwxyz THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNE- SOTA,ORDAINS: Summary:This ordinance allows re- BY- zoningoflandlocatedatDuckLakeRoad Stan Rolfsmd,General Manager and Duck Lake Trail from Rural to Rl- or his designated agent 13.5 on 10.9 acres;subject to the terms and conditions of a developer's agree- ment.Exhibit A.included with this Ordi- Subscribed and sworn before me on nances,gives the full legal description of this property. ZY Effective Date:This Ordinance shall take effect upon publication. this day of ,1996 Po P Y GV'JEN M. RADUENZ ATTEST: y .. NOTARY PUBLIC—MINNESOTA /s/John D.Frane � MY COMMISSION EXPIRES 1-31-00 City Clerk f /s/Jean L.Harris Mayor Not6xy Public (Published in the Eden Prairie News on Thursday,April 25,1996;No.7568) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space......$16.00 per column inch Maximum rate allowed by law for the above matter...................................$16.00 per column inch Rate actually charged for the above matter.............................................. $ 7.67 per column inch