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01-9058r 1 RESOLUTION NO. 9058 A RESOLUTION GRANTING A SUBDIVISION WAIVER TO BEST BUY CO., INC.; AUTHORIZING THE SPLIT OF TAX PARCELS 33-028-24-33-0007, 33-028-24-33-0011, 33-028- 24-33-0013, 33-028-24-33-0014, 33-028-24-33-0065, 33-028- 24-33-0066, 33-028-24-33-0067, 33-028-24-33-0068, 33-028- 24-33-0069, 33-028-24-33-0070, 33-028-24-33-0093, and 33- 028-24-34-0013 WHEREAS, Best Buy Co., Inc. ("Best Buy") is the fee owner of certain real estate located in Hennepin County, Minnesota, having tax identification numbers 33-028-24-33- 0007, 33-028-24-33-0011, 33-028-24-33-0013, 33-028-24-33-0014, 33-028-24-33-0065, 33-028-24-33-0066, 33-028-24-33-0067, 33-028-24-33-0068, 33-028-24-33-0069, 33-028- 24-33-0070, 33-028-24-33-0093, and 33-028-24-34-0013 and as legally described on the attached Exhibit A (the "Properties); and WHEREAS, Best Buy desires to convey three separate portions of the Properties to the City of Richfield, to be retained by the City as future right of way for Interstate 494, which are identified as Parcel A, Parcel B and Parcel C and which are legally described on the attached Exhibit B; and WHEREAS, upon the conveyance of Parcels A, Band C to the City by Best Buy, the City will be eligible to receive funds from the Right of Way Acquisition Loan Fund ("RALF"), which funds would be used to pay Best Buy for said parcels; and WHEREAS, pursuant to the Second Amendment to Contract for Private Redevelopment between Best Buy and the Housing and Redevelopment Authority in and for the City of Richfield, Best Buy has agreed to contribute the RALF proceeds to the City for use in funding the Penn Avenue Bridge reconstruction project; and WHEREAS, in summary, the conveyance of Parcels A, Band C to the City is an initial and necessary step in obtaining needed funding for the Penn Avenue Bridge project; and WHEREAS, the proposed conveyances of Parcels A, Band C by Best Buy to the City would constitute a subdivision of land under the City's subdivision regulations and would also constitute a split of existing tax parcels; and WHEREAS, there is inadequate time to subdivide the Property by plat prior to the conveyance and construction deadlines necessary for the Penn Avenue Bridge reconstruction project; and WHEREAS, Best Buy has undertaken platting of a larger tract of land that includes the Properties and Parcels A, Band C and has obtained preliminary approval of that plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD: 1. The City Council finds that requiring compliance with the City's subdivision regulations prior to conveyance of Parcels A, Band C would create an unnecessary hardship, within the meaning of Minnesota Statutes, Section 462.358, subdivision 4b. 2. The City Council further finds that, because Best Buy has undertaken to plat the Properties after the conveyance, the subdivision waiver approved hereby does not interfere with the purpose of the City's subdivision regulations. 3. Pursuant to Minnesota Statutes, section 462.358, subdivision 4b and section 272.162, subdivision 2, the City Council waives compliance with its subdivision regulations for the conveyance of Parcels A, Band C described on the attached Exhibit B. 4. The County Recorder and Registrar of Titles, as applicable, are directed to accept for filing the deed or deeds conveying title to the Parcels described on the attached Exhibit B. Passed by the City Council of the City of Richfield this 25th day of June 2001. .~ ATTEST: ~tla ~ .j /l~ . Nancy Gibbs, i y Clerk EXHIBIT A (Legal Description of Existing Tax Parcels) 33-028-24-33-0011 All of Tract C and the West 30 feet of Tracts A, Band D as measured along the North and South lines thereof, Registered Land Survey No. 800, Hennepin County, Minnesota. And The West 141.38 feet of the East 235.63 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of-way line of Interstate Highway No. 494. That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning. And The East 94.25 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right- of-way line of Interstate Highway No. 494. That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning. And That part of the following described property lying West of the East 235.63 feet thereof as measured at right angles to the East line thereof: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of-way line of Interstate Highway No. 494. That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing on the South line of said Southwest Quarter of the Southwest Quarter at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from Southwest corner of said Section 33; thence West 328 feet to the point of beginning. 33-028-24-33-0013 The South one half of the following described tract of land: CAH199135v4 RC I 45-408 A-1 That part of the Southwest Quarter of the Southwest Quarter (SW 1/4. of SW 1/4) of Section Thirty-three (33), Township Twenty eight (28), Range Twenty four (24), described as follows: Commencing at the Southwest corner of said Section 33; thence North 1313.33 feet; thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to the point of beginning, excepting however, that part thereof taken for State Highway No. 100, also known as Interstate Highway No. 494, and also excepting all other public streets and highways; except all that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West, described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the West line of said Section and the Northeasterly right of way line of Trunk Highway No. 494 as defined by Document No. 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point on the Northeasterly right of way line of Trunk Highway No. 494; thence Northwesterly along the North right of way line of Trunk highway No. 494 a distance of 173.89 feet, more or less, to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies Northerly, Northeasterly and Easterly of the following described Line A: From a point on the west line of said Section 33, distant 535.26 feet north of the southwest corner thereof; thence run easterly at an angle of 88 degrees 30 minutes with said west section line (measured from north to east) for 33.01 feet to the point of beginning of the line to be described; thence continue easterly on the last above described course for 117.43 feet; thence deflect to the right on a curve having a radius of 62 feet (delta angle 91 degrees 30 minutes) for 99.01 feet; thence on tangent to said curve for 210 feet and there terminating and which lies Northeasterly of the following described Line B: Beginning at a point on a line run parallel with and 33 feet easterly from the west line of said Section 33, distant 31.37 feet northerly of its intersection with the above described Line A; thence run southeasterly to a point on the above described Line A distant 31.37 feet easterly of said intersection and there terminating. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. CAHI 99135v4 RC145-408 A-2 33-028-24-33-0014 All that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West, described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the west line of said Section and the northeasterly right of way line of Trunk Highway No. 494 as defined by Document No. 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point on the northeasterly right of way line of Trunk Highway No. 494; thence northwesterly along the North right of way line of Trunk Highway No. 494 a distance of 173.89 feet, more, or less, to the point of beginning according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies southerly, southwesterly, and westerly of the following described Line A: Beginning at the southwest corner of said Section 33; thence northerly along the west line of said Section 33 a distance of 501.24 feet, to the point of beginning of the line to be described; thence easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.65 feet; thence southeasterly along the tangential curve, concave to the southwest, radius 53 feet, delta angle 91 degrees, 30 minutes, a distance of 84.64 feet; thence southerly along the tangent of said curve a distance of 180 feet, more or less, to the northeasterly right of way line of said Trunk Highway No. 494 as defined by Document No. 3419310 and there terminating; and which lies southeasterly of the following described line B: Beginning at a point on a line drawn parallel with and 33 feet easterly from the west line of said Section 33 distant 30 feet southerly from the point of intersection of said parallel line with Line A; thence northeasterly to a point on Line A distant 30 feet easterly from the point of intersection of said parallel line and Line A. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. And That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota, described as follows: Beginning at CAH199135v4 RC145-408 A-3 the point of intersection of Line 1 described below with a line run parallel with and distant 60 feet east of the west line of said Section 33; thence run south on said 60 foot parallel line for 80 feet; thence run southeasterly to the point of intersection of a line run parallel with and distant 180 feet northerly of Line 2 described below, with Line 3 described below; thence run northerly on said Line 3 to its intersection with said Line 1; thence run northwesterly on said Line 1 to the point of beginning. Line 1: Beginning at a point on a line run parallel with and distant 656 feet east of the west line of said Section 33, distant 120 feet north of the south line of said Section 33; thence run northwesterly to a point on the west line of said Section 33, distant 355 feet north of the southwest corner thereof and terminating. Line 2: From a point on the southwest corner of said Section 33, run easterly at an angle of 89 degrees 46 minutes 00 seconds from the west line of said Section 33 (measured from north to east) for 1359.14 feet to the point of beginning of Line 2 to be described; thence run westerly on the last described course for 89.23 feet; thence deflect to the right on a 00 degree 30 minute 00 second curve (delta angle 04 degrees 39 minutes 00 seconds) for 930 feet; thence on tangent to said curve for 77.19 feet; thence deflect to the left on a 01 degree 00 minute 00 second curve (delta angle 07 degrees 31 minutes 48 seconds) for 753 feet and there terminating. Line 3: Beginning at a point on the west line of said Section 33, distant 501.24 feet north of the southwest corner thereof; thence run easterly at an angle of 91 degrees 30 minutes 00 seconds from said west section line (measured from south to east) for 125.65 feet; thence deflect to the right on a curve having a radius of 53 feet (delta angle 91 degrees 30 minutes 00 seconds) for 84.64 feet; thence on tangent to said curve to an intersection with Line 1 described above; thence run southerly to a point distant 165 feet northerly (measured at right angles) to a point on Line 2 described above distant 656.32 feet easterly of its point of termination and there terminating. 33-028-24-33-0007 That part of the Southwest Quarter of the Southwest Quarter of Section 33, Township 28 North, Range 24 West of the 4th Principal Meridian described as follows: Commencing at a point 820 feet East of the Southwest corner of said Section 33; thence North a distance of 656.28 feet; thence East a distance of 163 feet; thence South a distance of 656.28 feet; CAH199135v4 RC145-408 A-4 thence West a distance of 164 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 33-028-24-33-0065 Tract A, Registered Land Survey No. 800, except the West 30 feet thereof, as measured along the North and South lines thereof. 33-028-24-33-0066 Tract B, Registered Land Survey No. 800, except the West 30 feet thereof, as measured along the North and South lines thereof. 33-028-24-33-0067 Tract 0, Registered Land Survey No. 800, except the West 30 feet thereof, as measured along the North and South lines thereof. 33-028-24-33-0068 Tract E, Registered Land Survey No. 800. 33-028-24-33-0069 Tract F, Registered Land Survey No. 800. 33-028-24-33-0070 Tract G, Registered Land Survey No. 800. 33-028-24-33-0093 Tracts H, I, and J, Registered Land Survey No. 800, Hennepin County, Minnesota and that part of Tract K, Registered Land Survey No. 800 lying west of a line running from a point in the south line of Tract K distant 0.47 feet west from the southeast corner thereof to a point in the north line of said Tract K distant 0.54 feet west from the northeast corner thereof. 33-028-24-34-0013 Tract 0, Registered Land Survey No. 618, Hennepin County, Minnesota And Tract B, Registered Land Survey NO.1 037, Hennepin County, Minnesota. And Tract L, Registered Land Survey No. 800 and that part of Tract K, Registered Land Survey No. 800 lying east of a line running from a point in the south line of Tract K distant 0.47 feet west from the southeast corner thereof to a point in the north line of said Tract K distant 0.54 feet west from the northeast corner thereof. And The South 1/2 of the West 5 acres of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 28 North, Range 24, West of the 4th Principal Meridian, EXCEPT the North 120 feet thereof. And CAH199135v4 RC145-408 A-5 That part of the Southwest Quarter of Section 33, Township 28 North of Range 24, West of the Fourth Principal Meridian, described as follows: Beginning at the Southeast corner of the West 5 acres of the Southeast Quarter of the Southwest Quarter of said Section 33; thence North along the East line of said West 5 acres, a distance of 656.1 feet more or less, to the North line of the South half of said Southeast Quarter of the Southwest Quarter; thence East along said North line 79.5 feet; thence South parallel with the West line of the said Southeast Quarter of the Southwest Quarter to the South line of said Section 33; thence West along said South line 79.5 feet to the point of beginning. CAH199135v4 RC145-408 A-6 EXHIBIT B (Legal Description of Parcels A, B and C) Parcel A (consisting of parts of tax parcel nos. 33-028-24-33-0011, 33-028-24-33-0013, and 33-028-24-33-0014) All those parts of the following described properties: All of Tract C and the West 30 feet of Tracts A, B, and 0, as measured along the North and South lines thereof, Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; And The West 141.38 feet of the East 235.63 feet, as measured at right angles to the East line thereof, of that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of-way line of Interstate Highway No. 494. That part of the Southwest % of the Southwest % if Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest % of the Southwest % at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning; And The East 94.25 feet, as measured at right angles to the East line thereof, of: that part of the following described tract of land lying South of the North 200 feet thereof and North of the North right-of-way line of Interstate Highway No .494. That part of the Southwest % of the Southwest % of Section 33, Township 28, Range 24, Hennepin County, Minnesota described as follows: Commencing on the South line of said Southwest % of the Southwest % at a point 328 feet East from the Southwest corner of said Section; thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence Southerly to a point in the South line of said Section 33, distant 656 feet East from the Southwest corner of said Section 33; thence West 328 feet to the point of beginning; And That part of the following described property lying West of the East 235.63 feet thereof as measured at right angles to the East line thereof: that part of the following described tract of land lying south of the North 200 feet thereof and north of the North right-of-way line of Interstate Highway No. 494. That part of the CAH199135v4 RC145-408 B-1 Southwest Y4 of the Southwest Y4 of Section33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing on the South line ot said Southwest }'4 of the Southwest }'4 at a point 328 feet East from the Southwest corner of said Section: thence Northerly to the Southwest corner of McHARDY'S ADDITION; thence Easterly to the Southeast corner of McHARDY'S ADDITION; thence southerly to a point in the South line of said Section 33, distant 656 feet East from Southwest corner of said Section 33; thence West 328 feet to the point of beginning; And The South one half of the following described tract of land: That part of the Southwest Quarter of the Southwest Quarter (SW Y4 of SW}'4) of Section Thirty-three (33), Township Twenty eight (28), Range Twenty four (24), described as follows: Commencing at the Southwest corner of said Section 33; thence running North 1313.33 feet; thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to the point of beginning, excepting however, that part thereof taken for State Highway No. 100, also known as Interstate Highway No. 494, and subject to all other public streets and highways; except all that part of the following described tract; that part of the Southwest Quarter of the Southwest Quarter Section 33, Township 28 North, Range 24 West, described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the West line of said Section and the Northeasterly right-of-way line of Trunk Highway No. 494 as defined by Document No, 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point of Northeasterly right-of-way line of Trunk Highway No. 494; thence Northwesterly along the North right-of-way line of Trunk Highway No. 494 a distance of 173.89 feet, more or less, to the point of beginning according to the United States Government Survey thereof and situate in Hennepin County, Minnesota which lies Southerly, Southwesterly, and Westerly of the following described Line A: Beginning at the Southwest corner of said Section 33; thence Northerly along the West line of said Section 33 a distance of 501.24 fee, to the point of beginning of the line to be described; thence Easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.65 feet; thence Southeasterly along the tangential curve, concave to the Southwest, radius 53 feet, delta angle 91 degrees, 20 minutes, a distance of 84.64 feet; thence Southerly along the tangent of said curve a distance of 180 feet, more or less, to the Northeasterly right-ot-way line of said Trunk Highway No. 494 as defined in Document No. 3419310; and there terminating; And which lies Southeasterly of the following described Line B: CAH199135v4 RC145-408 B-2 Beginning at a point on aHne drawn parallel with and 33 feet Easterly from the West line of said Section" 33 distant 30 feet Southerly from the point of intersection of said parallel line with Line A; thence Northeasterly to a point on Line A distant 30 feet Easterly from the point of intersection of said parallel line and Line A. All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota; And All that part of the Southwest Quarter of the Southwest Quarter (SW % of SW %) of Section Thirty-three (33), Township Twenty eight (28), Range Twenty four (24), described as follows: Commencing at the Southwest corner of said Section 33; thence running North 1313.33 feet; thence East 327.60 feet; thence South 1313.33 feet; thence West 328 feet to the point of beginning, excepting however, that part thereof taken for State Highway No. 100, also known as Interstate Highway No. 494, and subject to all.other public streets and highways; described as follows: Beginning at the point of intersection of a line 33 feet East of and parallel with the West line of said Section and the Northeasterly right-of-way line of Trunk Highway No. 494 as defined by Document No, 3419310; thence North along the parallel line a distance of 175 feet; thence East at a right angle a distance of 164 feet; thence South at a right angle a distance of 232.80 feet, more or less, to a point of Northeasterly right-of-way line of Trunk Highway No. 494; thence Northwesterly along the North right-of-way line of Trunk Highway No. 494 a distance of 173.89 feet, more or less, to the point of beginning according to the United States Government Survey thereof and situate in Hennepin County, Minnesota, which lies Southerly, Southwesterly, and Westerly of the following described Line A: Beginning at the Southwest corner of said Section 33; thence Northerly along the West line of said Section 33 a distance of 501.24 feet, to the point of beginning of the line to be described; thence Easterly deflecting to the right at an angle of 88 degrees, 30 minutes, a distance of 125.65 feet; thence Southeasterly along the tangential curve, concave to the Southwest, radius 53 feet, delta angle 91 degrees, 20 minutes, a distance of 84.64 feet; thence Southerly along the tangent of said curve a distance of 180 feet, more or less, to the Northeasterly right-of-way line of said Trunk Highway No. 494 as defined in Document No. 3419310; and there terminating; And which lies Southeasterly of the following described Line B: Beginning at a point on a line drawn parallel with and 33 feet Easterly from the West line of said Section 33 distant 30 feet Southerly from the point of intersection of said parallel line with Line A; thence Northeasterly to a point on Line A distant 30 feet Easterly from the point of intersection of said parallel line and Line A. CAH199135v4 RC145-408 B-3 All according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota; Which lie southerly of the following described line and its extensions: Commencing at the southwest corner of said Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota; thence North 00 degrees 13 minutes 12 seconds East along the westerly line of the Southwest Quarter of said Section 33 for 246.89 feet to the actual point of beginning of the line to be described; thence South 89 degrees 41 minutes 07 seconds East for 333.62 feet; thence South 00 degrees 18 minutes 54 seconds West for 3.00 feet; thence South 89 degrees 41 minutes 07 seconds East for 125.10 feet; thence South 85 degrees 28 minutes 56 seconds East for 180.90 feet; thence South 88 degrees 29 minutes 28 seconds East for 154.81 feet; thence North 89 degrees 15 minutes 16 seconds East for 569.09 feet; thence easterly for 255.55 feet along a tangential curve concave to the south, radius 2322.83 feet and central angle 06 degrees 18 minutes 13 seconds, to the westerly line of the 60 foot wide right of way of Knox Avenue South and there terminating. Parcel B (consisting of parts of tax parcel nos. 33-028-24-33-0007, 33-028-24-33-0065, 33-028-24-33-0066, 33-028-24-33-0067, 33-028-24-33-0068, 33-028-24,33-0069, and 33- 028-24-33-0070) All those parts of the following described properties: Tracts A, Band 0, except the West 30 feet of said tracts, as measured along the North and South lines thereof; Tracts E, F and G, Registered Land Survey No. 800, Hennepin County, Minnesota; And That part of the Southwest % of the Southwest % of Section 33, Township 28 North, Range 24 West of the 4th Principal Meridian described as follows: Commencing at a point distant 820 feet East of the Southwest corner of said Section 33; thence North a distance of 656.28 feet; thence East a distance of 163.80 feet; thence South a distance of 656.28 feet; thence West a distance of 164 feet to point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota; Which lie southerly of the following described line and its extensions: Commencing at the southwest corner of said Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota; thence North 00 degrees 13 minutes 12 seconds East along the westerly line of the Southwest Quarter of said Section 33 for 246.89 feet to CAH199135v4 RC145-408 B-4 the actual point of beginning of thEfline to be described; thence South 89 degrees 41 minutes 07 seconds East for 333.62 feet; thence South 00 degrees 18 minutes 54 seconds West for 3.00 feet; thence South 89 degrees 41 minutes 07 seconds East for 125.10 feet; thence South 85 degrees 28 minutes 56 seconds East for 180.90 feet; thence South 88 degrees 29 minutes 28 seconds East for 154.81 feet; thence North 89 degrees 15 minutes 16 seconds East for 569.09 feet; thence easterly for 255.55 feet along a tangential curve concave to the south, radius 2322.83 feet and central angle 06 degrees 18 minutes 13 seconds, to the westerly line of the 60 foot wide right of way of Knox Avenue South and there terminating. Parcel C (consisting of parts of tax parcel nos. 33-028-24-33-0093 and 33-028-24-34- 0013) All those parts of the following described properties: The South ~ of the West 5 acres of the Southeast % of the Southwest % of Section 33, Township 28, Range 24, except the North 120 feet of the South ~ of the West 5 acres of the Southeast % of the Southwest % of Section 33, Township 28, Range 24, all in the County of Hennepin, State of Minnesota; And Tract B, Registered Land Survey No. 1037, Files of registrar of Titles, County of Hennepin; And Tract D, Registered Land Survey No. 618, Files of Registrar of Titles, County of Hennepin; And That part of the Southwest Quarter of Section 33, Township 28, Range 24, West of the Fourth Principal Meridian, described as follows: Beginning at the Southeast corner of the West 5 acres of the Southeast Quarter of the Southwest Quarter of said Section 33; thence North along the East line of said West 5 acres, a distance of 656.1 feet more or less, to the North line of the South ~ of said Southeast Quarter of the Southwest Quarter; thence East along said North line 79.5 feet; thence South parallel with the West line of the said Southeast Quarter of the Southwest Quarter to the South line of said Section 33; thence West along said South line 79.5 feet to the point of beginning, according to the Government Survey thereof; And CAH199135v4 RC145-408 B-5 Tract L except that part of the West 6 feet thereof lying North of the South line of Tract M extended Easterly; That part of Tract K lying East of a line described as follows: Beginning at a point on the South line of Tract K, .47 feet West of the Southeast corner thereof; thence running North to a point on the North line of said Tract K, .54 feet West of the Northeast corner thereof and there terminating, all in Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; And That part of Tract M lying South of the North 235 feet thereof, as measured along the East and West lines of said Tract M, That part of the West 6 feet of Tract L lying North of the South line of said Tract M extended Easterly, all in Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; And Tracts H, I and J, and that part of Tract K lying West of a line described as follows: Beginning at a point on the South line of Tract K, .47 feet West of the Southeast corner thereof; thence running North to a point on the North line of said Tract K, .54 feet West of the Northeast corner thereof and there terminating, Registered Land Survey No. 800, Files of Registrar of Titles, County of Hennepin; Which lie southerly of the following described line and its extensions: Commencing at the southwest corner of said Section 33, Township 28 North, Range 24 West, Hennepin County, Minnesota; thence North 00 degrees 13 minutes 12 seconds East along the westerly line of the Southwest Quarter of said Section 33 for 246.89 feet to the actual point of beginning of the line to be described; thence South 89 degrees 41 minutes 07 seconds East for 333.62 feet; thence South 00 degrees 18 minutes 54 seconds West for 3.00 feet; thence South 89 degrees 41 minutes 07 seconds East for 125.10 feet; thence South 85 degrees 28 minutes 56 seconds East for 180.90 feet; thence South 88 degrees 29 minutes 28 seconds East for 154.81 feet; thence North 89 degrees 15 minutes 16 seconds East for 569.09 feet; thence easterly for 255.55 feet along a tangential curve concave to the south, radius 2322.83 feet and central angle 06 degrees 18 minutes 13 seconds, to the westerly line of the 60 foot wide right of way of Knox Avenue South and there terminating. CAH199135v4 RC145-408 B-6