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HomeMy WebLinkAboutOrdinance - 20-2018 - Lion's Tap Site Improvements - 10/25/2018 LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-2018 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 Highway Commercial Zoning District and be placed in the Rural Commercial Zoning District as noted in Exhibit A. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Highway Commercial Zoning District and shall be included hereafter in the Rural Zoning District as noted in Exhibit A, 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 October 16, 2018, entered into between Bert A. Notermann, 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 4th day of September, 2018, 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 16th day of October, 2018. ATTEST: Kat een Porta, City Clerk y a- e yor PUBLISHED in the Eden Prairie News on October 25, 2018. EXHIBIT A Highway Commercial Zoning District to Rural Zoning District Legal Description Prior to Final Plat Area 1: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28, 2018 That part of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1; thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet;thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet;thence South 09 degrees 01 minutes 10 seconds West, 51.31 feet to the south line of said Lot 1; thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. Legal Description After Final Plat Outlot A, Spring Heights ls`Addition Zone to Rural Zoning District Legal Description Prior to Final Plat Area 4: depicted on sheet C0.03 Proposed Property Boundary Adjustments&New Right-of-Way dated August 28, 2018 That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, according to the recorded plat thereof, Hennepin County, Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County; thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2, Block 1, said plat SPRING HEIGHTS; thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line, 33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described;thence North 80 degrees 56 minutes 54 seconds West,33.69 feet to said easterly line of Lot 2; thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County;thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non- tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. Legal Description After Final Plat Outlot A, Spring Heights I"Addition LION'S TAP SITE IMPROVEMENTS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 20-2018 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 the northwest quadrant of Flying Cloud Drive and Spring Road within the Rural 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: Kat een Porta, City Clerk anc a- Ee , a or PUBLISHED in the Eden Prairie News on October 25, 2018. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Highway Commercial Zoning District to Rural Zoning District Legal Description Prior to Final Plat Area 1: depicted on sheet C0.03 Proposed Property Boundary Adjustments &New Right-of-Way dated August 28, 2018 That part of Lot 1, Block 1, SPRING HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the most southwesterly corner of said Lot 1;thence North 00 degrees 59 minutes 21 seconds East assumed bearing along the westerly line of said Lot 1, a distance of 27.94 feet;thence South 89 degrees 00 minutes 39 seconds East, 199.39 feet;thence South 09 degrees 01 minutes 10 seconds West, 5 1.3 1 feet to the south line of said Lot 1;thence North 82 degrees 13 minutes 39 seconds West, 193.58 feet to the point of beginning. Legal Description After Final Plat Outlot A, Spring Heights Is'Addition Zone to Rural Zoning District Legal Description Prior to Final Plat Area 4: depicted on sheet C0.03 Proposed Property Boundary Adjustments &New Right-of-Way dated August 28, 2018 That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, according to the recorded plat thereof, Hennepin County,Minnesota described as follows which lies northerly and southeasterly of the following described line: Commencing at the most northeasterly corner of Lot 1,Block 1, SPRING HEIGHTS,according to the recorded plat thereof, said Hennepin County;thence North 49 degrees 00 minutes 39 seconds West assumed bearing along the northeasterly line of said Lot 1, a distance of 98.15 feet;thence South 80 degrees 56 minutes 54 seconds East, 114.69 feet to the easterly line of Lot 2,Block 1, said plat SPRING HEIGHTS;thence continuing South 80 degrees 56 minutes 54 seconds East along the extension of last said line, 33.69 feet the intersection with a line hereinafter referred to as LINE A and also the point of beginning the area to be described; thence North 80 degrees 56 minutes 54 seconds West, 33.69 feet to said easterly line of Lot 2;thence North 39 degrees 59 minutes 21 seconds East along said easterly line of Lot 2, a distance of 79.22 feet said LINE A and said line there terminating. ALSO THAT part of said HENNEPIN COUNTY STATE AID HIGHWAY NO. 4, PLAT 60, lying northwesterly of the following described line, said line hereinafter is referred to as LINE A: Commencing at the most southerly corner of Lot 1,Block 1, SPRING HEIGHTS, according to the recorded plat thereof, said Hennepin County;thence northeasterly along the southeast line of said Lot 1 on an assumed bearing of North 39 degrees 59 minutes 20 seconds East for 11.82 feet to the point of beginning of the line being described;thence South 82 degrees 13 minutes 39 seconds East for 155.14 feet to a point on a non-tangential curve, concave to the east having a radius of 740.00 feet and a central angle of 14 degrees 42 minutes 06 seconds; thence northerly along the arc of said curve a distance of 189.88 feet, said arc subtended by a chord bearing North 14 degrees 43 minutes 57 seconds East;thence North 22 degrees 05 minutes 00 seconds East tangent to said curve for 170.99 feet to the west line of said PLAT 60 and said line there terminating. Legal Description After Final Plat Outlot A, Spring Heights Is'Addition Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE EPIN COUNTY, Laurie A.Hartmann, being duly sworn, on oath says that she is the authorized agent of the HENN MINNESOTA O publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and LIONS TAP SITE has full knowledge of the facts herein stated as follows: IMPROVEMENTS SUMMARY OF ORDINANCE (A) This newspaper has complied with the requirements constituting qualification as a legal NO. 20-2018 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as AN ORDINANCE OF THE amended. CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE (B)The printed public notice that is attached to this Affidavit and identified as No.�� ZONING OF CERTAIN LAND was published on the date or dates and in the newspaper stated in the attached Notice and said WITHIN ONE DISTRICT, AND Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of ADOPTING BY REFERENCE the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both CITY CODE CHAPTER 1 AND inclusive,and is hereby acknowledged as being the kind and size of type used in the composition SECTION 11.99,WHICH,AMONG and publication of the Notice: OTHER THINGS, CONTAIN PENALTY PROVISIONS abcdefghijkbnnopgrstuvwx z THE CITY COUNCIL OF y THE CITY OF EDEN PRAIRIE, MINNESOTA,ORDAINS: Summary: : This ordinance By: allows amendment of the zoning Laurie A.Hartmann of land located at the northwest quadrant of Flying Cloud Drive and Spring Road within the Rural Zoning District. Exhibit Subscribed and sworn before me on A,included with this Ordinance, gives the full legal description of this property Effective Date: This, this���day of ,2018 Ordinance shall take effect upon publication. Nancy Tyra-Lukens,Mayor JYMME JEANNETTE BARK ATTEST: Kathleen Porta,City Clerk `. , " NOTARY PUBLIC MINNESOTA (A full copy of the text of this Ordinance is available from t ublic = : . MY COMMISSION EXPIRES 01/31123 .City Clerk) (Published in the Eden Prairie News on Thursday, October 20l�l• RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch Maximum rate allowed by law for the above matter...................................$31.20 per column inch Rate actually charged for the above matter...............................................$12.97 per column inch