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HomeMy WebLinkAboutOrdinance - 29-98 - Waters Edge at Purgatory Creek - 09/15/1998 WATERS EDGE AT PURGATORY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 29-98 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 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 RI-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 October 6, 1998, entered into between MSS Holdings, LLC 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 15th day of September, 1998,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 6th day of October, 1998. ATTEST: Donald R. Uram, City Clerk can L. Harris, Mayor PUBLISHED in the Eden Prairie News on&b bk) WATERS EDGE AT PURGATORY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 29-98 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: Summary, This ordinance allows rezoning of land located at 12645 Sunnybrook Road from Rural to R1-13.5 on 8.32 acres. 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/ ji � - Donald R. Uram, City Clerk Harris,Mayor PUBLISHED in the Eden Prairie News on the (A full copy of the text of this Ordinance is available from City Clerk.) Exhibit A Waters Edge at Purgatory Creek Legal Description: That part of the east 759.44 feet of Tract 1,Registered Land Survey No. 751,files of the Registrar of Titles, County of Hennepin, Minnesota,lying easterly of a line beginning at a point on the south line of Tract 1, distant 205.00 feet east of the west line of the east 759.44 feet of said Tract 1; thence northerly and parallel with the east line of Tract 1, a distance of 400.00 feet;thence deflecting 47 degrees 30 minutes left a distance of 95.00 feet; thence deflecting 23 degrees right a distance of 157.43 feet to the northerly line of Tract 1 and there terminating, except that part of the east 125.90 feet thereof lying north of the south 476.75 feet of said Tract 1. Affidavit of Publication Southwest Suburban Publishing State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA WATERS EDGE AT PURGATORY CREEK Stan Rolfsrud,being duly sworn,on oath says thathe is the authorized agent of thepublisher of SUMMARY OF ORDINANCE the newspaper known as the Eden Prairie News and has fullknowledge of the facts herein stated NO.29-98 as follows: AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, (A)This newspaper has complied with the requirements constituting qualification as a legal REMOVING CERTAIN LAND FROM newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ONE ZONING DISTRICT AND PLAC- amended. ING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF (B)The printed public notice that is attached to this Affidavit and identified as No. LAND IN EACH DISTRICT, AND was published on the date or dates and in the newspaper stated in the attached Notice and said ADOPTING BY REFERENCE CITY Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of CODE CHAPTER 1 AND SECTION the newspaper specified.Printed below is a copy of the low' case alphabet from A to Z,both 11.99, WHICH, AMONG OTHER inclusive,and is hereby acknowledged as being the kind an sa of type used in the composi THINGS,CONTAIN PENALTY PRO- and publication of the Notice: VISIONS THECITYCOUNCILOFTHECITY abcdefghijkhnnopABy- OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 12645 Sunnybrook Road from Rural to R1-13.5 Stan Rolfsmd,General Manager on8.32acres.ExhibitA,included with this or his designated agent Ordinance,gives the full legal description of this property. Subscribed and sworn before me on Effective Date: This Ordinanceshall take effect upon publication. ATTEST: awe Isl Donald R.Uram,City Clerk this day of . 1998 Isl Jean Harris,Mayor GWE=M. RADUENZ (A full copy of the text of this Ordinance NOTARYESOTA is available from City Clerk.) _ MY COMMS 1-31.00 (Published in the Eden Prairie News on Thursday,October 15,1998;No.9428) _6Z - Notary Public 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