04-9437r
RESOLUTION NO. 9437
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
FOR THE CHURCH OF ASSUMPTION LOCATED AT 305 EAST 77TH STREET
WHEREAS, an application has been filed with the City of Richfield which requests
approval of a subdivision waiver for the division of certain parcels of land located at 305
East 77th Street, legally described as:
Parcel A: That part of Government Lot 1, Section 34, township 28, Range 24,
described as follows: The South 156 feet of the East 125 feet of the Southwest %
of the Southeast % of Section 34, Township 28, Range 24, EXCEPT that part taken
for State Trunk Highway NO.5 and 100 over the South 40 feet thereof,
ALSO: that part of Government Lot 1, Section 34, Township 28, Range 24
corresponding to that part of the East 1/8 of the South % of the Southwest % of the
Southeast % of Section 34, Township 28, Range 24, lying North of the South 156
feet thereof, EXCEPT the Northerly 30 feet thereof.
ALSO: That part of the South % of the Southeast % of the Southeast %, of Section
34, Township 28, Range 24, lying Southerly of 77th Street and lying Westerly of a
line drawn at right angles from a point on the North line of the South 590 feet
thereof distant 425.65 feet West of the West line of Ranft's Addition, EXCEPT
therefrom that part described as follows: That part of Government Lot 1, Section 34,
Township 28, Range 24, described as follows: Commencing at a point which is
408.65 feet West of the Southwest corner of Ranft's Addition and 462.00 feet North
of the South line of said Lot 1, which is the point of beginning; thence West along a
line parallel to the South line of said Lot 1, a distance of 17.4 feet; thence North at
right angles to said parallel line, a distance of 128.00 feet; thence East at right
angles a distance of 17.4 feet; thence South to the point of beginning.
ALSO: That part of the West % of the East % of the South % of the Southwest % of
the Southeast % of Section 34, Township 28, Range 24, lying North of the South
156 feet thereof, EXCEPT the North 30 feet thereof and EXCEPT that part of
Government Lot 1 in Section 34, Township 28, Range 24 described as follows:
beginning at the Northwest corner of the East 216 feet of the South 156 feet of the
Southwest quarter of the Southeast quarter of Section 34, Township 28, Range 24;
thence West a distance of 82.65 feet to the East line of Second Avenue South;
thence North along said East line a distance of 18 feet; thence East a distance of
82.65 feet to the west line of the East 216 feet of the Southwest Quarter of the
Southeast quarter, Section 34, Township 28, Range 24; thence South along said
West line, a distance of 18 feet to the point of beginning; EXCEPT that part of
Government Lot 1 described as follows: The North 18 feet of the South 174 feet of
the West 91 feet of the East 216 feet of the Southwest % of the Southeast % of
Section 34, Township 28 North, Range 24 West of the 4th Principal Meridian,
Hennepin County, Minnesota; and,
WHEREAS, the applicant proposes to divide the above-described Parcel A into two
parcels, legally described as:
Parcel B: The east 125.00 feet of the south 174.00 feet of the South % of the
Southwest % of the Southeast % of Section 34, Township 28, Range 24 EXCEPT
37
those parts taken for State Trunk Highway NO.5 and 100 over the South 40 feet
thereof, per Doc. 1349782 and per Doc. No. 1719066;
ALSO: The west 206.54 feet of the south 120.14 feet of South}'2 of the Southeast
% of the Southeast %, of Section 34, Township 28, Range 24;
ALSO: The west 28.05 feet of the north 53.86 feet of the south 174.00 feet of the
South }'2 of the Southeast % of the Southeast %, of Section 34, Township 28,
Range 24; and
Parcel C: That part of Government Lot 1, Section 34, Township 28, Range 24
corresponding to that part of the East 1/8 of the South % of the Southwest % of the
Southeast % of Section 34, Township 28, Range 24, lying North of the South 174
feet thereof, EXCEPT the Northerly 30 feet thereof.
ALSO: That part of the South % of the Southeast % of the Southeast % of Section
34, Township 28, Range 24, lying Southerly of 7ih Street, and lying Westerly of a
line drawn at right angles from a point on the North line of the South 590 feet
thereof distant 425.65 feet West of the West line of Ranft's Addition, EXCEPT
therefrom that part described as follows: That part of Government Lot 1, Section 34,
Township 28, Range 24, described as follows: Commencing at a point which is
408.65 feet West of the Southwest corner of Ranft's Addition and 462.00 feet North
of the South line of said Lot 1, which is the point of beginning; thence West along a
line parallel to the South line of said Lot 1, a distance of 17.4 feet; thence North at
right angles to said parallel line, a distance of 128.00 feet; thence East at right
angles a distance of 17.4 feet; thence South to the point of beginning, and EXCEPT
the West 206.54 feet of the South 120.14 feet and the West 28.05 feet of the North
53.86 feet of the South 174.00 feet of said South % of the Southeast % of the
Southeast % of Section 34.
ALSO: That part of the West % of the East % of the South % of the Southwest % of
the Southeast % of Section 34, Township 28, Range 24, lying North of the South
156 feet thereof; EXCEPT the North 30 feet thereof, and EXCEPT that part of the
North 18 feet of the South 174 feet of said West % of the East % of the Southwest
Quarter of the Southeast % of Section 34 lying east of the West 30 feet thereof.
WHEREAS, the City has fully considered the request for approval for the
subdivision waiver; and
WHEREAS, the City Council finds that compliance with the City Code Subsection
500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply
therewith will not interfere with the purposes of the platting regulations of Section 500.01.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A waiver for the subdivision of the Subject Property legally described above as
Parcel A into Parcels Band C is hereby granted; and
2. Future transfers may be by parcel as described above as Parcel B or Parcel
C; and
3. City staff is authorized and directed to take any action necessary to effectuate
this resolution and to authorize the recording of conveyances complying with
the terms of this resolution.
4. This Subdivision Waiver for the Subject Property legally described above is
subject to the followin~;,y~QQ9itions:
A) That the recipient of this Subdivision Waiver provide separate and
independent utility connections directly to Parcel B; and
B) That the recipient of this Subdivision Waiver sign an Acknowledgement
Agreement stating that the recipient has been informed of plans for the
future elimination of East 78th Street; and
C) That the recipient of this Subdivision Waiver enter into an access
easement agreement to allow access to Parcel B from 2nd Avenue South
via a shared driveway with Parcel C; and
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
March, 2004.
I1f
M. Sandahl, Mayor Pro Tempore
ATTEST: