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Home My WebLink AboutOrdinance - 21-2008-PUD-11-2008 - Windsor Plaza Registered Land Survey - 09/11/2008 WINDSOR PLAZA REGISTERED LAND SURVEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-2008-PUD-1 1-2008 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 land be amended within the Commercial Regional Service Zoning District 21-2008-POD-11-2008 (hereinafter "PLTD-11- 2008-C-REG-SER). Section 3, The City Council hereby makes the following findings: A. PUD-11-2008-C-REG-SER is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. POD-11-2008-C-REG-SER 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-11-2008-C-REG-SER are justified by the design of the development described therein. D. PUD-11-2008-C-REG-SER 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 4. The land shall be subject to the terms and conditions of that certain Development Agreement entered into by and between Developer's predecessor in title and the City dated September 4, 2007, filed on September 20, 2007 as Document No. 9040413 with the County Recorder and filed on September 7, 2007 as Document No. 4423818 with the Registrar of Titles; the First Amendment to Development Agreement dated November 15, 2007, filed on December 31, 2007 as document No. 9079966 with the County Recorder and filed on December 31, 2007 as Document No. 4458080 with the Registrar of Titles; the Second Amendment to Development Agreement dated December 18, 2007, filed on December 31, 2007 as Document No. 9079967 with the County Recorder and filed on December 31, 2007 as Document No. 4458081 with the Registrar of Titles office); and the Third Amendment to Development Agreement dated June 3, 2008, filed on June 12, 2008 as Document No. 9146205 with the County Recorder and filed on June 12, 2008 as Document No. 4504902 with the Registrar of Titles office (collectively referred to together with the Fourth Amendment to Development Agreement dated as of September 2, 2008, entered into between Windsor Plaza LLC, and the City of Eden Prairie as the "Amended Development Agreement". The Amended Development Agreement contains the terms and conditions of PUD-11-2008-C-REG-SER, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service District and shall be included hereafter in the Planned Unit Development 11-2008-C-REG-SER, 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 2"d day of September, 2008, 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 2""day of September, 2008. ATTEST: Gam/ Kat een Porta, City Clerk Phi Aoungg,4Mayor PUBLISHED in the Eden Prairie News on , 2008. EXHIBIT A PUD Legal Description — Windsor Plaza Registered Land Survey Lot 1, Block 1, WINDSOR PLAZA, according to the recorded plat thereof, Hennepin County, Minnesota. And: That part of Eden Road(formerly Town Road as shown on the plat of AUDITOR'S SUBDIVISION NUMBER 335),being in the Northeast Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota, lying over, under, and across a vacation which is easterly and southerly of the following described line: Beginning at the northernmost intersection of the west line of the Northeast Quarter of Section 14,Township 116, Range 22 with Lot 1, Block 1, WINDSOR PLAZA; thence North 01 degrees 00 minutes 24 seconds East, assumed bearing, along said west line, a distance of 12.44 feet; thence North 89 degrees 59 minutes 24 seconds East, a distance of 33.01 feet to the easterly right-of-way of said Eden Road, also being a west line of said Lot 1, Block 1,and said line there terminating. WINDSOR PLAZA REGISTERED LAND SURVEY CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 21-2008-PUD-11-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at 11995 Singletree Lane 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: 46669-, K hleen Porta, City Clerk P oung, Mayor PUBLISHED in the Eden Prairie News on /' , 2008. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) Laurie A. Hartmann, being duly swom,on oath says that she is the authorized agent of the publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as(allows: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, (A)This newspaper has complied with the requirements constituting qualification as a legal MINNESOTA newspaper,as provided by Minnesota Statute 331A,02,331 A.07,and other applicable laws,as WINDSOR PLAZA REGISTERED amended. . LAND St7RVEY SUMMARY OF ORDINANCE NO. (B)The printed public notice that is attached to this Affidavit and identified as No. 3 in y3 81-7DINAIID•11 FT was published on the date or dates and in the newspaper stated in the attached Notice and said ANORDINANCI;O1!THECITY OFEDEN PRAIRIE,MINNESOTA, Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of AMENDING THE ZONING OF the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both CERTAIN.-LAND'WITHIN ONE inclusive,and is hereby acknowledged as being the kind and size of type used in the composition LTAND ADOPTING BY and publication of the Notice: CITY CODE M SECTION 11.99, abcdefgh klmnopgrstuvwxy2 OTH>;It CITY GO y r.I]NC �� I G `►��-��-x� THE ; CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: Laurie A.Hartmann Ma ble.ordinance of at�18>l�. Subscribed and sworn before me on Ilse Comrz}erel9i. Zetttng DistrieL A;, withtltis ordinance tie ftatl � description a�vess� 1 1�^ �f -i c:r��t r gimpy; this day o£ 2008 Effi&jW ;.Thisflydinanrae shall take effect upon publication. Phil Young,Mayor Attest: Kathleen Porta,City Clerk (A full copy of the text of this JYMME J.BARK Ordinance is available from City NDTARY PUBLIC MiNNESDTA Clerk.) No blic MyCrmmission Expires 0t;al:2gi3 (Published in theEdenPrairie News 0,0000 on Thursday, September 11, 2049; No.3693) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$40.00 per column inch Maximum rate allowed by law for the above matter.——--......... $40.00 per column inch Rate actually charged for the above matter...............................................$12.19 per column inch