HomeMy WebLinkAboutOrdinance - 14-98 - ‘97 BFI Rezoning - 11/04/1997 i
`97 BFI REZONING-SPRINT TOWER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 14-98
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 I-2 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 I-2 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 May 19, 1998, entered into between BFI/Sprint 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 4th day of
November, 1997,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 May, 1998.
ATTEST:
Donald R. Uram, City Clerk can 4L.Hams,Mayor
PUBLISHED in the Eden Prairie News on o
`97 BFI REZONING-SPRINT TOWER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 14-98
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:
s3-mmm: This ordinance allows rezoning of land located at 9813 Flying Cloud Drive from Rural
to I-2 on 9.5 acres. Exhibit A,included with this Ordinance,gives the fall legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
/s/Donald R. Uram /s/Jean L. Harris
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the JP maq 1w
(A full copy of the text of this Ordinance is available from City Clerk.)
Exhibit A
BFI REZONING- Sprint Tower
Exhibit A-Legal Description
Pf�0P0,S�1� 1'�Z0NING 1��'�S'Ch'lPTl0li!
Commencing of the Southeast corner of sold Northeast One Quarter of the Southwest One Quarter,
Section 27, Township 116, Range 22, Hennepin County, Wnnssota, thence North 00 degrees 09
minutes 57 seconds East assumed bearing along the east line of said Northeast One Quarter of
the Southwest One Quarter a distance of 353.09 feet to the point of beginning; thence South 48
degrees 39 minutes 3-1 seconds East a distance of 345.15 feet. thence South 41 dowses 20 minutes 23
seconds West a distance of 640.00 f**f; then* Nora? 48 degrees 39 minutes 37 seconds West a distanc*
of 655.06 feet to the Southeasterly right of war line of U.S. Trunk Highway 169-212; thence North 41
degrees 20 minutes 23 seconds East along said right of way line a distance of 640.00 feet; thence South
48 degrees 39 minutes 37 seconds West a distance of 309.91 feet to the point of beginning, over the
following described property:
All that part of the Southeast 1/4 of the Southwest 1/4 of Section 27, Township 116, Range 22 West
of the 5th Principal Meridian which Iles Southerly of the Southerly right of way line of U.S. Trunk
Highway No. 169-212.
All that part of the Northeast 1/4 of the Southwest 1/4 of Section 27, Township 116, Range 22 West
of the 5th Principal Meridian which Iies south*osterty of the southeasterly right of way line of U.S.
Trunk Highway No. 169-212.
The Southwest 1/4 of the Southeast 1/4 of Secflon .27, Township 116, Range 22 West of the 5th
Principal Meridlon.
That part of the Northwest 1/4 of the Southeast 1/4 of Section 27, Township 116, Range 22 West
of the 5th Principal Meridian which lies Southeasterly of the center line of U.S. Truck Highway No.
169-212 and which lies west of a fine described as follows: -
Commencing at a pcint on the South fine of the Northwest 1/4 of the Southeast 1/4, 41 rods East of
the Southwest corner thereof and extending North to its intersection with the North line of the
Northeast 1/4 of said Section 27 at a point 17 rods East of the Northwest corner thereof.
That part of Section 27, Township 116, Range 22 West of the 5ih Principal Meridian described as
follows:
Commencing at a point In the East line of the West 5/8 of the North 7 of the Southeast 1/4 distant
495 feet South from the Northeast corner thereof; thence South to the Southeast corner thereof;
thence West to a point on the South line thereof 41 rods East of the Southwest corner thereof; thence
Northerly to an intersection with a line parallel with and 495 feet South from the North line of the
Southeast 1/4 along a line which if extended would intersect the North iIn* of the Northeast 1/4
distant 17 rods East form the Northwest corner th+roof; thence East to the point of beginning.
EXCEPTING from said Section 27, Township 116, Rang* 22 West of the 51h Principal Meridian the
following described tracts:
Commencing at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 27,
Township 116, Range 22 West of the 5th Principal Meridian; thence North along the West llne of said
Southeast 1/4 of the Southwest 1/4 to its intersection with the following described line: -
t
Commencing at a point on the West line of said Section, distant 471.1 feet North of the Southwest
corner thereof; running thence in a Northeasterty direction at an angle 87 degrees 06 minutes with
the said West section line for a distant* of 508.2 fast; thence deflecting to the left on a 04 degree 00
minutes curve with a radius of 1432.7 feet for a distance of 561.8 feet; thence deflecting to the right
along the radius of sold curve produced Southeasterly for a distance of 60 feet; thence running in a
Northeasterly direction along a line parallel with and distant 60 feet Southeasterly from the above
mentioned 04 degrees 00' minutes curve for a distance of 210 feet; thence deflecting to the right in
a Southeasterly direction along the radius of the above mentioned 04 degrees 00 minutes curve for
a distance of 172 feet; thence deflecting to the left at an angle of 52 degrees 10 minutes for c distcnce
of 347 feet; thence deflecting to the right at an angle of 90 degrees 00 minutes for a distance of 240
feet to the beginning of the line to be described; thence deflecting to the right at on angle of 90
degrees 00 minutes and extending to ifs lnferiecflon with the East line of the Southwest 1/4 of the
Southwest 1/4 which Is the actual point of beginning of the tract to be described; thence returning
along sold line to the point of its beginning; thence deflecting to the left 90 degrees 00 minutes a
distance of 240 feet; tfianca deflecting to the loft at on angle of 21 degrees 16 minutes a distance of
442.5 feat more or less, to the Southeasterly right of warr line of U.S. Trunk Highway No. 169-212;
thanc* Soufhwesterty along the right of way line of sold highway to its intersection with the Wesf line
of said Southeast 1/4 of the Southwest 1/4; thence South along sold West line to the point of actual
beginning.
Baginning at o point on the South line of the Northwest 1/4 of tha Southeast 1/4 of Section 27,
Township 116, Rar.rs 23, We:t of the 5th Principal Vuridian distant 41 rodi East of tho Socr.hwast
corner thcraof; ;hanct Norih 3 dogrsss 20 minutsY Witt a disfarrcx of 1543.54 fvst to the canfar lir.s
cf U.S. Trun'- HInhway Ko. 169-212; thanes Scuih 41 1u fzaf W=f along tha centtrilne of
tcld H1;h•+ray 1583.2 f:,ut; thsncr South 55 ds,g :_s 14 minutes East ;57.41 faet; thanca South 54
dagrees 25 minut;.z Ea.t 1S6.37 feat: th=nc_ South 51 dagmao 54 minutes Ecst 5B2 felt; thence North
26 degrees 39 min.•fas Emd 386.0b fset; thence South 89 daeir*33 ?6 rnlnLt:. East 42.75 f_.0 more
or laa:z to the point of bz'..L:ning.
,ill that part of the South 1/2 of the Southwest 1/4 of Section 27, Township 116, Range 22 described
as follow:
From a point on the Walt Itne of said Section 27, distant 471.1 feet North of the Southwest carn,ar
of said South 1/2 of tha Southwest 1/4, thancs running in a Northsast_riy dlractlon ai an onnle of 87
dugrets 06 minute v.,ith sold We-at section line for a distance of 561.8; thancs dsfiscting to the left
an a 04 degree 00 minuiza curia with a radius of 1432.7 flat for a distance of 661.8 fief-. thanca
d.rflecting to the right along the radius of said cures producsd Souihea7f4riy for a dizionc4 of 60 fsot;
thanca running In a Northoo-starfy dir.actlon along a ilna parallel with and dIatant 60 f;et i*uthiastarfy
from the cbova described 0-t deorna 00 minutda curva for a dlstoncs of 210 feat; thsnw-+ d'-flatting to
th4 riChi in a Souirvat-,f Hy dlrsc-7fon along the radtux of the cbovs mantlonsd 04 da,1r** CO minuias
curva for 172.0 f:st; thanca deflb:.fing to the left, deflection angle: of 52 10 minutes for a
dlctanca of 347.0 fs_f; thtncs to the rirhi dsfi�ctlen anrlo 90 a.rgr*a3 a diaienca of 100 fa.t to'tha
actual pc'.nt of b-4ginning of the ircct of land har;by to be described; th$nci back alone the last
dsscrib.:d coup* a distoncl of 100 fayf; thanca to the 1.1t d3ft.4ction angle 21 d3,rsrz 16 minufsz
a distant: of 4--�2.5 feet, more or la=s, to th.a Southaasiarly ilns of the ri•;hi of sway of U.S. Trunk
Hi,-hway No. 169 and 212, for called as the same ars now laid out and constructed; fh&nca
Norttracriarty along the Southeasterly lino of said Trunk Hlghways No. 169 and 212, a dl%tcncs of
176.55 fa*i; thancs Southeast.;Hy along a Tina parallel with and distant 150 feet Northec_terly from
ih* naxi to the lost cj*scrlbsd course a distance of 687.35 fe•3t; thionce M*tttrty to ih, point of -
baclinning a dIstanc� of i95.i la-it, mora cr Is_s.
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
97 BFI REZONING-SPRINT County of Hennepin )
TOWER
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 14-98 Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
AN ORDINANCE OF THE CITY the newspaper known as the Eden Prairie News and has fullknowledge of the facts herein stated
OF EDEN PRAIRIE, MINNESOTA, as follows:
REMOVING CERTAIN LAND FROM
ONE ZONING DISTRICT AND DING A This newspaper has com lied with the requirements constituting qualification as a legal
PLAC-
ING IT IN ANOTHER, AMENDING ( ) p g g g g
THE LEGAL DESCRIPTIONS OF newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
LAND IN EACH DISTRICT, AND amended.
ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION (B)The printed public notice that is attached to this Affidavit and identified as No.
11.99, WHICH, AMONG OTHER was published on the date or dates and in the newspaper stated in the attached Notice and said
THINGS,CONTAIN PENALTY PRO- Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
VISIONS the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
THE CITY COUNCIL OF THE inclusive,and is hereby acknowledged as being the kind and ' of type used in the compositio
CITY OF EDEN PRAIRIE, MINNE- and publication of the Notice:
SOTA,ORDAINS:
Summary: This ordinance allows abcdefghijklmnopgrstu
rezoning of land located at 9813 Flying
Cloud DrivefromRuraltoI-2on9.5 acres.
Exhibit A.included with this Ordinance, By:
gives the fulllegaldescriptionofthisprop- Stan Rolfsrud,General Manager
er Effective Date: This Ordinanceshall or his designated agent
take effect upon publication.
ATTEST: Subscribed and sworn before me on
/s/Donald R. Uram
/s/Jean L.Hams
CitMayo this `day of 1998 ;
y `` GWEN K RADUENZ
Exhibit A
OK Spa&Salon 'lro' c�or'Rv a�Buc—!.�; r,,Ec0TA
Legal Description c t.1Y CCA""""gSS1flN EXPIRES 1-31-00
Lot 1,Block 1,Minnesota Tree Fourth -
Addition
(A full copy of the text of this Notary Public
Ordinance is available from City Clerk.)
(Published in the Eden Prairie News on
Thursday,May 28,1998;No.9320)
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.................................................$8.37 per column inch