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HomeMy WebLinkAboutOrdinance - 19-2001-PUD-14-2001 - Flying Cloud Business Park - 05/01/2001 FLYING CLOUD BUSINESS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA ORDINANCE NO. 19-2001-PUD-14-2001 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 I-2 Zoning District 19- 2001-PUD-14-2001 (hereinafter"PUD-14-2001-I-2'). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 19, 2001, entered into between Moen-Leuer Construction, and the City of Eden Prairie, (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-14-2001-I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-14-2001-I-2 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-2001-I-2 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-14-2001-I-2 are justified by the design of the development described therein. D. PUD-14-2001-I-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are 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 placed in the I-2 Zoning District and shall be included hereafter in the Planned Unit Development PUD-14-2001-I-2 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 1st day of May, 2001, 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 19th day of June, 2001. ATTEST: K�aoijen A. Porta, City Clerk an L. Hams,Mayor PUBLISHED in the Eden Prairie News on Getl1 o�� v20O EXIIIIBIT A Flying Cloud Business Park Legal Description: PARCEL 1 That part of the North 1185 feet of the Northeast Quarter of Section 27, Township 116 North, Range 22 West of the 5th Principal Meridian lying West of the East 990 feet thereof and East of a line parallel with and 21 1/3 rods Easterly measured at right angles from a line drawn from a point in the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter. PARCEL 2 That part of the Northeast Quarter of said Section 27 lying south of the North 1185 feet thereof and lying West of the East 990 feet thereof and east of a line parallel with and 21 1/3 rods Easterly measured at right angles from a point on the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter of said Section 27 distant 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter and Northerly of County Road No. 1 and Northwesterly of U.S. Highway No. 169. EXCEPTING FROM THE FOREGOING PARCELS That tract of land lying in Section 27, Township 116, Range 22, Hennepin County, Minnesota more particularly described as follows: Commencing at the northeast corner of the Northeast Quarter of said Section 27,thence North 89 degrees 34 minutes 17 seconds West assumed bearing along the north line of said Northeast Quarter a distance of 990.00 feet to the point of beginning of the exception being described thence South 00 degrees 33 minutes 59 seconds West parallel with the East line of said Northeast Quarter a distance of 737.21 feet; thence North 83 degrees 11 minutes 30 seconds West a distance of 932.45 feet to an intersection with a line parallel with and 21 1/3 rods East of a line running from a point in the North line of said Northeast Quarter distant 17 rods East of the Northwest corner thereof to a point in the South line of the Northwest Quarter of the Southeast Quarter distant 41 rods East of the Southwest corner thereof thence North 4 degrees 34 minutes 44 seconds West along the last above described parallel line a distance of 636.00 feet to the North line of said Northeast Quarter thence Easterly along said North line a distance of 953.98 feet to the point of beginning. PARCEL 3 That part of the Northeast Quart of Section 27, Township 116, Range 22, West 5th Principal Meridian,Hennepin County,Minnesota, described as: Commencing at a point in the North line of said Northeast Quarter of Section 27, distant 280.5 feet East from the Northwest corner of said Northeast Quarter; thence Southeasterly in a straight line, which if produced Southeasterly will intersect the South line of the Northwest Quarter of the Southeast Quarter of said Section 27 at a point distant 41 rods East from the Southwest corner thereof a distance of 1117.04 feet to the actual point of beginning of the land to be hereinafter described; thence continuing Southeasterly along said last described line a distance of 262.96 feet; thence East at right angles 228 feet; thence South at right angles to a point distant 20 feet North of the center of Old County Road No. 1; thence Easterly parallel with the center line of said road to its intersection with a line distant 21 1/3 rods Easterly at right angles from and parallel with the said first above described line; thence Northerly along said last described parallel line to its intersection with a line drawn Easterly from the actual point of beginning at right angles to the first above described straight line; thence Westerly along said last described right angle line to the actual point of beginning. PARCEL 4 That part of Section 27, Township 116,Range 22, described as follows: Commencing at a point in the North line of the Northeast Quarter, distant 280.5 feet East from the Northwest corner thereof; thence Southeasterly, distant 1380 feet along a line which if extended would intersect the South line of the Northwest Quarter of the Southeast Quarter, distant 676.5 feet East from the Southwest corner thereof to the actual point of beginning; thence Northeasterly at right angles, distant 228 feet; thence Southeasterly at right angles to the centerline of Pioneer Trail; thence Northwesterly along the centerline to a point of intersection with the first described line; thence Northwesterly to the point of beginning, except road, Hennepin County,Minnesota. Torrens Certificate No. 790272 PARCEL 5 That part of the Northeast Quarter of Section 27, Township 115, Range 22 bounded as follows, to wit; Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from the Northwest corner thereof; thence in a Southeasterly direction 1465 feet along a straight line (said line to be hereafter known as line "A")which if produced will intersect the South line of the Northwest Quarter of the Southeast Quarter of said Section 27, Township 116, Range 22. at a point 41 rods East of the Southwest corner of said Northwest Quarter of the Southeast Quarter, for a point of beginning; thence East parallel with the North line of said Northeast Quarter to a point in a line 21 1/3 rods Easterly at right angles form and parallel with aforesaid line "A'; thence Southeasterly in a straight line parallel with aforesaid line "A"to the North line of County Road No. 1, as now established; thence Northwesterly along the North line of said County Road No. 1 to its intersection with the aforesaid line "A"; thence Northwesterly along said line "A" to the point of beginning. Except the following: That part of the Northeast Quarter of Section 27, Township 116, Range 22, described as follows: Commencing at a point in the North line of said Northeast Quarter 280.5 feet East from the Northwest corner thereof; thence Southeasterly along aforesaid line "A" a distance of 1380 feet to the actual point of beginning of the tract to be described; thence East at right angles 228 feet; thence South at right angles to the center line of County Road No. 1; thence Westerly along said center line to said line "A'; thence Northerly along said line "A"to the point of actual beginning. Flying Cloud Business Park Legal Description after Final Plat: Lot 1 and 2,Block 1,Flying Cloud Business Park FLYING CLOUD BUSINESS PARK CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA SUMMARY OF ORDINANCE NO. 19-2001-PUD-14-2001 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, WIHCH,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 the northwest corner of Pioneer Trail and Flying Cloud Drive from the Rural Zoning District to the I-2 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: Ka een A.Porta, City Clerk /Jean L.Hams,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: FLYING CLOUD BUSINESS PARK (A)This newspaper has complied with the requirements constituting qualification as a legal SUMMARY OF ORDINANCE NO. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as 19-2001-PUD-14-2001 amended. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as No. REMOVING CERTAIN LAND FROM was published on the date or dates and in the newspaper stated in the attached Notice and said ONE ZONING DISTRICT AND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of PLACING IT IN ANOTHER, the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both AMENDING THE LEGAL inclusive,and is hereby acknowledged as being the kind and size of type used in the composition DESCRIPTIONS OF LAND IN EACH and publication of the Notice: DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER abcdefghijkhnnopgrstu 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS B THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, Stan Rolfsrud,General Manager MINNESOTA, ORDAINS: or his designated agent Summary: This ordinance allows rezoning of land located at the northwest Subscribed and sworn before me on corner of Pioneer Trail and Flying Cloud Drive from the Rural Zoning District to thel-2ZoningDistrict.Exhibit A,included with this Ordinance,gives the full legal this day of ,2001 description of this property. GWEN M.RADUENZ Effective Dam:This Ordinance shall NOTARYPUBW take effax upon p�diF t. Ymyccm s: ies&%31. 75 Jean L.Harris, I fit" / Mayor ATTEST: Kathleen A.Porta, Notary Public City Clerk (A full copy of the text of this Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday,June 28,2001;No. 3724) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch Maximum rate allowed by law for the above matter................................$20.00 per column inch Rate actually charged for the above matter.................................................$9.75 per column inch