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HomeMy WebLinkAboutOrdinance - 21-2004 - Flying Cloud Mall - 07/20/2004 FLYING CLOUD MALL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 21-2004 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 11 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 Commercial Highway District and be placed in the Neighborhood Commercial District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Commercial Highway District and shall be included hereafter in the Neighborhood Commercial District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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 July 20, 2004, entered into between Kleve Properties, 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 June, 2004, and finally read and adopted and ordered published in summary fonn as attached hereto at a regular meeting of the City Council of said City on the 20th day of July, 2004. ATTEST: �D oe 01 Kat een Porta, City Clerk *anca- ens,,/ ay PUBLISHED in the Eden Prairie Sun Current on 7' EXHIBIT A Legal Description -Flying Cloud Mall Lot 1,Block 2,Augusta Addition,Hennepin County,Minnesota AND Lot 1,Block 1,M&K Addition,Hennepin County, Minnesota AND The West 160 feet of that part of the Southeast 1/4 of the Northeast 1/4 of Section 27, Township 116, Range 22 described as follows: Commencing on the North line of said Section 27 at a point 330.00 feet (5 chains) West of the Northeast corner of said Section; thence South parallel with the East line of said Section 3300.00 feet (50 chains) to the South line of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 27; thence West 660.00 (10 chains) to the west line of the east 990.00 feet of said Southeast 1/4 of the Northeast 1/4; thence North 3300.00 feet (50 chains); thence East 660.00 (10 chains) to the place of beginning, EXCEPT that part lying South of the North line of the South 1/4 of the Northeast 1/4 of Section 27 and EXCEPT that part lying North of the Southerly line of Registered Land Survey No. 791. Subject to road easement over the Northerly 33 feet thereof. FLYING CLOUD MALL CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 21-2004 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 Pioneer Trail and Highway 212, from Commercial Highway to Neighborhood Commercial 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: A6114 Kath Teen Porta, City Clerk an a- tens, . r PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) v � newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 29 day of July ,2004, and was thereafter printed and published on every Thursday to and including Thursday,the day of , 2004;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 publica- tion of the notice: abcdefghUkhanopgrstuvwxyz CFO Subscribed and sworn to or affirmed before me on this 29th day of July ,2004. City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA FLYING CLOUD MALL SUMMARY OF ORDINANCE NO.21-2004 Notary-Puidic ANORDINANCEOFTHECITYOFEDENPRAIItIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN AN- OTHER,AMENDING THE LEGAL DESCRIPTIONS MARY ANN CARLSON OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SEC. NOTARY PUBLIC—MINNESOTA TION 11.99,WHICH,AMONG OTHER THINGS, MY COMMISSION EXPIRES 131-0D CONTAIN PENALTY PROVISIONS lie THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: RATE INFORMATION ++-�+M=: This ordinance allows rezoning of land locat- ed at Pioneer Trail and Highway 212,from Commercial 2.85 per line fghway to Neighborhood Commercial Zoning District. (1)Lowest classified rate paid by commercial users $ P Exhibit A,included with this Ordinance,gives the full for comparable space legal description ofthfs property. F0Mdfve Dat:This Ordinance shall take effect upon pub- (2)Maximum rate allowed by law $ 6.20 per line lication• Attest- Kathleen Pbrta,City Clerk (3)Rate actually charged $ 1.40 per line A PUBLISHED in the Eden Prairie Sun Current on July 22, 2004. (A full copy of the text of this Ordinance is available from City Clerk.) (July 29,2004)d4/21-2004 Summary