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HomeMy WebLinkAboutOrdinance - 23-99-PUD-18-99 - Spring Hills Suites - 07/20/1999 SPRING HILL SUITES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO.23-99-PUD-18-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,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 district be amended within the Commercial Regional Zoning District 23-99-PUD-18-99 (hereinafter"PUD-18-99- Commercial-Regional"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of September 7, 1999, entered into between GSH Lodging, L.L.C., and the City of Eden Prairie, (hereinafter"Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-18-99-Commercial-Regional, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1 8-99-Commercial-Regional is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-18-99-Commercial-Regional 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-18-99-Commercial-Regional are justified by the design of the development described therein. D. PUD-18-99-Commercial-Regional 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 amended within the Commercial-Regional District and shall be included hereafter in the Planned Unit Development 18-99-Commercial-Regional, 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 20th day of July, 1999, 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 7th day of September, 1999. ATTEST: Kathl en A. Porta, City Clerk N cy a- ens,lljj -Mayor PUBLISHED in the Eden Prairie News on*. 4/ AUG-02-1999 11Uc u 1:ub rri Uuhnr ll I I 1 1 1 LL on NATIONAL �4 rs) NATIONAL HEADQUARTERS F1tCHMOND,VIRGINIA SCHEDULE A CONTINUED ?ARCEL 1: Got 7, Block 1, Leona Addition, except that part thereof lying Wasterly of a line 3e6cribed as beginning at a point on the North line of said Lot .7, said point being North 90 degrees, 00 minutes, oo seconds East, assumed bearing, 60.00 feet from the Northwest corner of said Lot 7; thence South 00 degrees, 00 minutes, 00 seconds East 220,19 feet to a point on the South line of said Lot 7 and said line there terminating; and that part of the Northerly half of vaoated Leona Road, as dedicated in the plat of Leona Addition lying between the Southerly extension of the East Line of Lot 7, Block X, in said plat and a line drawn Southerly passing at right angles through a point on the North line of said Lot 7 distant 60 feet Easterly from the Northwest corner of said Lot 7. NOTE: Said property being registered as is evidenced by Certificate of Title No. 8S4162. NOV.: The Owner's Duplicate Certificate of Title is in the otfice of the Registrar of Titles, Hennepin County, Minnesota, PARCEL 2., Lot e, Block 1, Leona Addition and that part of the Northerly half of vacated Leona Road, as dedicated in the plat of Leona Addition lying between the Southerly extensions of the East and West lines of Lot 8, Block 1, in said plat. NOTE: Said property being registered as is evidenced by Certificate of Title No. 847726. NOTE: The Owner's Duplicate Certificate of Vi.tle is in the office of the Registrar of Titles, Hennepin County, Minnesota. PARCEL 3: -- Lot 9, Block 1, Leona Addition and that part of the Northerly half of vacated Leona Road, as dedicated in the plat of Leona Addition lying between the southerly extensions of the East and We:t lines of Lot 9, Block 1, in said plat. NOTE: Said property being registered as is evidenced by Certificate of Title No. 776652. NOTI l i The Owner's 13uplicata Certi,ficatn of Title is in the office of the Registrar of 'titles, Hennepin County, Minnesota. SCHEDULE A•PAGE 2 COMMITMENT No. 44633 Form Ica 035-0-100.4017 08/02/99 ' NON 14:10 ITX/RX NO 64321 HPU-Ue 18yU I IUN U i•U( r i! lrUluu,t,i t t 1 1 L1 l 11l1 lYv. � da (jp.,:z C Tnsu7rance odration NATIONAL HEADQUARTERS RICHM0140,VIRGINIA SCHEDULE A Legal DescriptionContinued PARCEL 4: Lot 10, Block 1, Leona Addition and that part of the Northerly half of vacated Leona Road, a: dedicated in the plat of Leona Addition lying between the -southerly extensions of the East and Went lines of Lot 10, Black 1, in paid plat. NOTE: Said property being registered as is evidenced by Certificate of Title No. 176653. NOV: The Owner's Duplicate Certificate of Title is in the office of the Registrar of Titles, Hennepin County, Minne:cta. Case dumber 44633 Fo�nl 100 Li- oas.o•taa.aat: 08/02/99 MON 14:10 ITX/RX NO 64321 qY-U-Uo-l000 I,ULI U1 -WI r11 UU1{lllliltl ,� ,�� TMe L4aiwyQ ins�rance Cr�oZation NATIONAL HEAAQUARTEAS HICHMONO,VIRGINIA SCHEDULE A Legal Description Continued PARCEL 5: All that part of the following described tract: Lot 8, Block 1, Leona and AAddition, according to the plat thereof on f-ile or of record in the office of the Registrar of Titles in and for said County. which lies Southwesterly of the following described line; From a point on the North Line of Section 14, Township 116, North, Range 22 West, distant 1277.4 feet East of the D7orth Quarter corner thereof, run Northwesterly at an angle of 3o degrees 27 minutes 19 seconds with said North section line for 412.6 feet; thence deflect to the left at an angle of 120 degrees 12 minutes 20 seconds for 529.69 feet; thence deflect to the left at an angle of 84 degrees 32 minutes 25 seconds for 250.62 feet; thence deflect to the right on a 2 degree 19 minute curve (delta angle 20 degrees 19 minutes) for 902.96 feet; thence deflect to the right at an angle 90 degrees for 100 feet to the point of beginning of the line to be dcscribedj thence run Southeasterly to a poir. d.,stant 184 feet Southwesterly (measure at right angles) from the point of termination of Line .A dcscribed below and there terminating; Line A: Beginning at a point on the North line of eaid Section 16 distant 1277.4 feet East of the North Quarter corner thereof; thence run Southeasterly at an angle of 30 degrees 27 minutes 19 seconds with said North Section line for 1272.25 feet and there terminating. That part of the Northerly half of vacated Leona Road, as dedicated in the plat of Leona 2nd Addition lying between the Southerly extensions of the East and West lines of Lot 8, Mock 1, in said plat. NOTE: Said property being registered as is evidenced by certificate of Title No, 776654. NOTE: The owner's Duplicate certificate of Title is in the office of the Registrar of Titles, Hennepin County, Minnesota. case Number 44533 Fotm too ass.a.�ao.ao1 t 08/02/99 MON 14:10 ITX/RX NO 64321 I 1< 3 1 > LL pit D e P�je yeF� �nsuxat�ee 0 fion NATIONAL HEADOUARTERS RICHMOND, VIRGINIA S C-MDULE A Legal Description Continued PARCEL 6: .All that part of the following described Tract: Lot 9, Block 1, Leona end Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said county, which lies southwesterly of the following described line; From h point on the Worth line of Section 14, Township 116, North, Range 22 West, distant 1,277.4 feet Vast of the North Quarter corner thereof, run Northwesterly at an angle of degrees 27 minutes 19 seconds with said North section line for 412.s feet; thence deflect to the left at an angles of 120 degrees 12 minutes 20 seconds for 529.68 fast; thence deflect to the left at an angle of 84 degree, 32 minutes 25 seconds for 290.62 feet= thence deflect to the right on a 2 degree 15 minute curve (delta angle 20 degrees 19 minutes)for 902.96 feet, thence deflect to thn right at an angle 90 degrees for 100 feet to the point of beginning of the line to be described ; thence run Southeasterly to a point distant 184 feet Southwesterly (measured at right angles) from the point of termination of Line A described below and there terminating; Line A: Beginning at a point on the North line of Said Section 14 distant 1.,277.4 feet East of the North Quarter corner thereofl thence xun Southeasterly at an angle of 30 degrees 27 minutes 19 seconds with raid North 5ection line for 1,272.25 feet and there terminating. That part of the Northerly half of vacated Leona Road, as dedicated in the plat of Leon; 2nd Addition lying between the southerly extensions of the East and West line of Lot 9 Block 1, in said plat. NOTE: Said property being registered as is evidenced by Certificate of Title No. 776955. NOTR: The Owner's Duplicate Certificate of Titic is in the office of the Registrar of Titles, Vennepin County, Minnesota. Case Number 44633 Form log U 03SQ-700-00» 08/02/99 RON 14:10 [TX/RX ND 64321 vuyLs ie // e L 1 uzance orporafion NATIONAL HEADQUARTERS RICHMONO,VIRGINIA SCHEDULE A Legal Description Continued PARCEL 7: That part of Lot 1, AUDITOR'S SUBDIVISION NO, 335, Hennepin County, Minnesota, lying southwesterly of U.S. Interstate Nighway No. 494 (per Document No. 3677302) and lying easterly of a line described as: Beginning at a point on the south line of said Lot 1, said point being North 90 degrees 00 minutes 0o seconds East, assumed bearing, 300.36 feet from the southwest cornea' of Said Lot 1; thence North 43 degrees 42 minutes 37 seconds East 193.90 feet to a point on the south line of said Interstate Highway No, 094 and said line there terminating, and also lying easterly of a line described as: Commencing at a point on the „ouch line of said Lot 1, said point being North 90 degrees oo minutes 00 seconds eact assumed bearing 300.36 feet from the southwest corner of said Lot 1; thence North 43 degrees 42 minutes 37 seconds East 62.10 feet to the point of beginning of the line to be described; thence South 46 degrees 17 minutes 23 seconds East 57.73 feet; thence South 00 degrees 00 mintttes 00 seconds East 5.00 feet to a point on the south line of said Lot 1 and said line there terminating. (Abstract Property) NOTE; Guaranty Title, Inc., prepared this commitment from an examination of the public records and is not in posses ion of an Abstract of title for the property 'in question. Together with an appurtenant easement far ingress, egress, right-of-way and underground utility purposes over the following described parcel as contained in Access and Utility Easement Agreement dated March 31, 1999, filed April 12, 1999 as Document No. 7094441 (C3 and filed April 12, 1999 as Document No. 3143804 (RT) . Caere Number 44633 Form T00 Litho o�-a-tao-oat� 08/02/99 XON 14:10 [TX/RX NO 64323 SPRING HII I SUITES CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO.23-99-PUD-18-99 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 amending of the legal description of land located at Den Road and Leona Road within the Commercial Regional Service 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: KAbleen A. Porta, City Clerk N cy a- ens mg Mayor PUBLISHED in the Eden Prairie News on (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 ) CITY OF EDEN PRAIRIE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of HENNEPIN COUNTY, the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated MINNESOTA as follows: ` SPRING HILL SUITES SUMMARY OF ORDINANCE NO. (A)This newspaper has complied with the requirements constituting qualification as a legal 23-99-PUD-18-99 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE OF THE CITY OF amended. EDEN PRAIRIE, MINTAN LAND (B)The printed public notice that is attached to this Affidavit and identified as No.� AMENDING CERTAIN LAND was published o the date or dates and in the newspaper stated in the attached Notice and said WITHIN A ZONING DISTRICT, Notice is hereby incorporated as part of this Affidat.Said notice was cut from the columns of AMENDING THE LEGAL the newspaper s specified.Printed below is a co of the lower case alphabet from A to Z,both DESCRIPTIONS OF LAND IN EACHP PY P DISTRICT, AND ADOPTING BY inclusive,and is hereby acknowledged as being thjByL/\ e used in the compos' REFERENCE CITY CODE and publication of the Notice: CHAPTER I AND SECTION 11.99, WHICH, AMONG OTHER THINGS, abcdefghijklmno CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: lfsru ,Gener -anaQer Summary; This ordinance allows amending of the legal description of land or his designated agent located at Den Road and Leona Road Subscribed and sworn before me on within the Commercial Regional Service Zoning District.Exhibit A,included with this Ordinance, gives the full legal description of this property. - EffectiveDate;' Ordinanceshall this day of 999 r take effect upon pubt�. GIP�E'1 '`I Rr1DU�i`iZ soTA ATTEST: Kathlaa�A. Pa NOTARYNOTARYte, City a �� er(co ;r4s1oy EXPRES t-si-00 Clerk Nancy Tyra-Lukens, Acting / - ` Mayor (A full copy Qf the text of this Notary Public Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,September 16,1999;No.3139) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space..$17.00 per column inch Maximum rate allowed by law for the above matter..............................$17.00 per column inch Rate actually charged for the above matter.............................................$8.78 per column inch