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HomeMy WebLinkAboutOrdinance - 10-2003 - The Enclave 2nd Addition - 05/06/2003 THE ENCLAVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 10-2003 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 RM-6.5 District. Section 3. 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 RM-6.5 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 Development Agreement dated as of May 6, 2003, entered into between Halley's Custom Homes Inc., 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 1st day of April, 2003, 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 6th day of May, 2003. ATTEST: 4 K thleen Porta, City Clerk yr yor PUBLISHED in the Eden Prairie Sun Current on EXHIBIT A Zoning — The Enclave 2nd Addition Legal Description: That part of the Northwest Quarter of the Southeast Quarter and the East Half of the Southwest Quarter of Section 20, Township 116,Range 22,Hennepin County,Minnesota lying southerly of the centerline of Pioneer Trail, easterly of BRAXTON WOODS,westerly of RILEY CREEK RIDGE, according to the recorded plats thereof Hennepin County,Minnesota and lying northerly of the following described line: Beginning at the northeast corner of Lot 5,Block 1 of said BRAXTON WOODS; thence North 76 degrees 32 minutes 22 seconds East, assumed bearing along the easterly extension of the northerly line of said Lot 5, a distance of 307.24 feet to the most westerly corner of Lot 9,Block 2 of said RILEY CREEK RIDGE and said line there terminating. THE ENCLAVE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 10-2003 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 the southeast corner of Braxton Drive and Pioneer Trail, from Rural to RM-6.5 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: KSthleen Porta, City Clerk 4Ny a-L en or PUBLISHED in the Eden Prairie Sun Current on ,�o (A full copy of the text of this Ordinance is available from City Clerk.) my of Belt 00969W rabliV21611000 c a- U � XW s SU118&4ZIr Or 01111111NOWKM Nfd.1#41110s newspapers AN0RDU4A24=0W7MCTff0VADM n'fr�� AFFIDAVIT OF PUBLICATION PZACMG rr IN Aran,.+,> lc Tim L W.AL EW1C9C111WMM OF LAND V4 FACH DiS'MCT,AND ADOPTM€T RZFERENCE CITY CODR CDAPTM1 AND SEMoN 11.99, STATE OF MINNESOTA) WMCII,ANOXG OMM TZI MS,CONIAIN Pl$NAI9.'Y PR0VMONS SS. THE CITY COUNCIL OF THE CITY OFEDEN PRAIRIE, MINNESOTA,ORDAINS: COUNTY OF HENNEPIN) Summary:This ordinance allows rezoning of land located Richard Hendrickson' 'being duly sworn on an oath states or affirms that he is the Chief at the southeast corner of Braxton Drive and Pioneer Trail,from Rural to RM-6.5 Zoning District.Exhibit A in- Sun-Current eluded with this Ordinance,gives the full legal description Financial Officer of the newspaper known as and has full of this property, knowledge of the facts stated below: Effective Date.Th'sordinanceshautakeeffectuponpub- lication. (A)The newspaper has complied with all of the requirements constituting qualification as a Nancy Tyra-Lukens,Mayer qualified newspaper, as provided by Minn. Stat. §331A.02, §331 A.07, and other applicable Attest:Kathleen Porta,City Clerk PUBLISHED in the Eden Prairie Sun Current on May 15, laws, as amended. 2003. (A full copy of the text of this Ordinance is available from (B)The printed public notice that is attached was published in the newspaper once each week, City Clerk.) for one successive weeks, it was first published on Thursday, the 15 day of (May 15,2003)D4/Ord 10-2003 May , 2003, and was thereafter printed and published on every Thursday to and including Thursday,the day of .2003;and printed below is a copy of the lower case alphabet from A to Z, both inclusive,which is hereby acknowledged as being the size and kind of type used in the composition and publi tie a ice: abcdefghtjklmnopgrstu"xyz BY: � CFO Subscribed and sworn to or affirm d before me on this 16 day of ,2003. 01, 1 k t'A Notabj Pup' a MERIDELM.HEDBIA NOTARY PUBLIC-MINN MY COMMISSION EXPIRES 141-2005 RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2)Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line