HomeMy WebLinkAboutOrdinance - 29-99-PUD-23-99 - Shady Oak Estates - 09/07/1999 SHADY OAK ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.29-99-PUD-23-99
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 Zoning District and be placed in the Planned Unit Development R1-13.5 Zoning District
29-99-PUD-23-99 (hereinafter"PUD-23-99-R1-13.5").
Section 3. The land shall be subject to the terms and conditions of that certain
Developer's Agreement dated as of October 5, 1999, entered into between Bruce Nelson, and the
City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement
contains the terms and conditions of PUD-23-99-R1-13.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-23-99-R1-13.5 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-23-99-R1-13.5 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-23-99-R1-13.5 are justified by the design of the
development described therein.
D. PUD-23-99-R1-13.5 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 Zoning District and shall be included hereafter in the Planned Unit
Development PUD-23-99-R1-13.5 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
7th day of September, 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 5th day of
October, 1999.
ATTEST:
Katfileen A. Porta, City Clerk ;ea L.Harris,Mayor
PUBLISHED in the Eden Prairie News on
Exhibit A
Shady Oak Estates
Legal Description:
Outlot B, Shady Oak Ridge 3rd Addition, according to the plat thereof on file or of
record in the office of the Registrar of Titles in and for said County.
r
Outlot A, Farber Addition, according to the plat thereof on file or-of record in the office of
the Registrar of Titles in and for said County.
The South 50 feet of that part of the Northeast 1/4 of the Northeast 1/4 of Section 2,
Township 116, Range 22 lying East of the West 456.08 feet thereof and West of County
Road No. 61 also known as Shady Oak Road.
That part of the Southeast 1/4 of the Northeast 1/4 of Section 2, Township 116, Range
22, West of the Fifth Principal Meridian, described as follows: Commencing at a point
on the South line of said SE 1/4 of NE 1/4 distant 834.05 feet West of the Southeast
comer thereof; thence North parallel with the East line of said SE 1/4 of NE 1/4, 403.5
feet to the actual point of beginning of the tract to be described; thence North parallel
with the East line of raid SE 1/4 of NE 1/4, 899.01 feet, more or less, to the North line
of said SE 1/4 of NE 1/4; thence West along the North line 506.08 feet, more or less, to
the Northwest corner of said SE 1/4 of NE 1/4; thence South along the West line of said
SE 1/4 of NE 1/4 of 896.1 feet, more or less, to a point on said line, 403.5 feet North of
the Southwest comer of said SE 1/4 of NE 1/4; thence East 520.58 feet, more or less,
to the point of beginning,
EXCEPTING therefrom the two following described parcels:
Parcel 1: That part of the Southeast 1/4 of the Northeast 1/4 of Section 2-116-22-
described as follows: Commencing at the Southwest comer of said SE 1/4 of NE 1/4;
thence Easterly along the Southerly line thereof 530.54 feet, more or less, to the West
line of the East 25 acres of said SE 1/4 of NE 1/4; thence Northerly along the West line
of said East 25 acres, 403.00 feet; thence Westerly 441 feet, along a line that intersects
the West line of said SE 1/4 of NE 1/4, 403.00 feet North of the Southwest comer of
said SE 1/4 of NE 1 .14 to the point of beginning of the parcel to be described; thence
Northwesteriy to a point on the West line of said SE 1/4 of NE 1/4 distant 635.35 feet
North of the Southwest comer of said SE 1/4 of NE 1/4; thence Southerly along said
West line to a point 403.00 feet North of the Southwest comer of said SE 1/4 of NE 1/4;
thence Easterly to the point of beginning.
Parcel 2: That part of the Southeast 1/4 of the Northeast 1/4 of Section 2-116-22,
Hennepin County, Minnesota, lying Westerly of a line drawn parallel with the East line
of said SE 1/4 of NE 1/4 from a point on the South line of said SE 1/4 of NE 1/4 distant
834.05 feet Westerly from the Southeast corner of said SE 1/4 of NE 1/4 described as
follows: Commencing et the point of intersection of said parallel line with the South line
of said SE 1/4 of NE 1/4; thence on an assumed bearing of North 03 degrees 07
minutes 40 seconds West, along said parallel line, a distance of 482.95 feet to the point
of beginning of the land to be described; thence continuing North 3 degrees 07 minutes
46 seconds West a distance of 290.00 feet; thence South 41 degrees 15 minutes 20
seconds West a distance of 72.00 feet; thence South 11 degrees 50 minutes 00
seconds East a distance of 128.95 feet; thence South 18 degrees 39 minutes 00
seconds East a distance of 115.29 feet, more or less to the point of beginning.
SHADY OAK ESTATES
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF
ORDINANCE NO. 29-99-PUD-23-99
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,,NIINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located north of Old Shady Oak
Road to R1-13.5. Exhibit A, included with this Ordinance, gives the full legal description of this
property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk jeanL. Harris,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
CITY OF EDEN PRAIRIE )
HENNEPIN COUNTY, MINNESOTA State of Minnesota
SHADY OAK ESTATES )SS.
SUMMARY OF ORDINANCE
NO. 29-99-PUD-23-99 County of Hennepin )
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESOTA,
MOVING CERTAIN LAND FROM
ZONINO DISTINCT AND Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
PLACING IT IN ANOTHER, the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
IDI RG THE LEGAL as follows:
ONS Of LAND IN EACH
ENTCE
, AND ADOPTING BY (A)This newspaper has complied with the requirements constituting qualification as a legal CITY CODE CHAPTER newspaper,as provided by Minnesota Statute 331 A.02,331 A.07,and other applicable laws,as
I AND SECTION 11.99, WHICH, amended.
9 _ CQNTAIN
- (B)The printed public notice that is attached to this Affidavit and identified as No�
was published on the date or dates and in the newspaper stated in the attached Notice and said
- Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
the newspaper specified.Printed below is a copy of the low r case alphabet from A to Z.both
A inclusive,and is hereby acknowledged as being the kind an s e of type used in the co osi' n
s of laAtl
014SWY Oak Road toRl-13.5.Exhibit and publication of the Notice:
A,included with this Ordinance,gives the abcdefghijklmnopgrstu w y
full legal description of this property.
Effective Date: This Ordinance shall
take effect tt��onpublication.
ATTEST. Kathleen A.Porta, li
City Clerk U an Rolfsrud,General Manager
Jean L.Harris, or his designated agent
Mayor
(A full copy of the text of this Ordinance Subscribed and sworn before me on
is available from City Clerk.)
(Published in the Eden Prairie News on
Thursday,October 14, 1999;No.3169)
this la of 1999 ''; ;;z'
GWEN t1f. RADLJENZ
P:OTARY Pilntl�—(tSNNES07�1
RSY COMMISSION EXPIRES t-31-0o
Notary Public
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