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01-9104r 36 RESOLUTION NO. 9104 RESOLUTION FOR SPECIAL COUNCIL APPROVAL FOR MULTIPLE SIGN PERMIT REQUESTS FOR CENTURY COURT APARTMENTS (DOMINIUM DEVELOPMENT AND ACQUISITIONS, LLC) WHEREAS, application has been made to the City of Richfield which requests special Council approval for signs of unusual height and location on land generally located at Century Court Apartments, legally described as: The Northeast % of the Southeast % of the Southeast % except that part lying Northeasterly of the following described line and same extended: Beginning at a point on a line drawn parallel with and distant 33.0 feet West of the East line of said Northeast % distant 43.0 feet South of the North line of said %; thence run Northwesterly through a point in a line drawn parallel with and distant 33.0 feet South of the North line of said % distant 43.0 feet West of the East line of said Northeast %, also the East ~ of Northwest % of Southeast % of Southeast % except the North 258 feet of West 170 feet thereof; and the South ~ of Southeast Xi of Southeast % all in Section 32, Township 28, Range 24, Hennepin County, Minnesota subject to streets and highway; except that part of the Southeast Xi of Southeast Xi of Section 32, Township 28, Range 24, Hennepin County, Minnesota; described as follows, to-wit: Commencing at the Northeast corner of said Southeast % of the Southeast %; thence on an assumed bearing of South along the East line of said Southeast Xi of the Southeast % a distance of 526.01 feet; thence South 89 degrees 40 minutes 38 seconds West, a distance of 33 feet; thence on a bearing of South along a line parallel with and 33 feet West of the East line of said Southeast % of Southeast % a distance of 315.25 feet to the actual point of beginning of the tract of land to be described; thence North 57 degrees 01 minute and 59 seconds West a distance of 49.95 feet; thence South 88 degrees 30 minutes West a distance of 51.97 feet; thence on a tangential curve to the left, the radius being 55 feet, a distance of 84.96 feet; thence on a bearing of South tangent to the last described curve, a distance of 106.62 feet; thence on a tangential curve to the right, the radius being 104 feet, a distance of 17.21 feet to the Northerly right of way of Interstate Highway No. 494; thence North 78 degrees 50 minutes 09 seconds East along said right of way, a distance of 151.28 feet to its intersection with said line parallel with and 33 feet West of the East line of said Southeast % of the Southeast Xi; thence North along said parallel line to the point of beginning. And furthermore on land generally located at 7744 Penn Avenue (AKA "Mitigative Parcel" and AKA "Excess R/W Remnant Parcel") and legally described as: That part of the Southeast Quarter of the Southeast Quarter of Section 32, Township 28, Range 24, Hennepin County, Minnesota described as commencing at the southeast corner of said Section 32; thence North 0 degrees 13 minutes 12 seconds East on an assumed bearing along the east line of the Southeast Quarter of the Southeast Quarter of said Section 32, a distance of 355.00 feet; thence South 79 degrees 03 minutes 21 seconds West, a distance of 100.63 feet to the point of beginning of the land to be described; thence North 6 degrees 20 minutes 24 seconds East, a distance of 193.95 feet; thence North 17 degrees 42 minutes 01 seconds East, a distance of61.12 feet; thence North 3 degrees 49 minutes 02 seconds West, a distance of 93.05 feet; thence North 0 degrees 06 minutes 34 seconds East, a distance of 13.35 feet; thence South 86 degrees 43 minutes 46 seconds West, a distance of 30.64 feet; thence Southwesterly along a tangential curve concave to the southeast, having a radius of 35.00 feet, a central angle of 80 degrees 25 minutes 21 seconds, a distance of 49.13 feet; thence South 6 degrees 18 minutes 25 seconds West, tangent to said curve, a distance of 228.96 feet; thence South 2 degrees 31 minutes 45 seconds West, a distance of 108.51 feet to the intersection with the north right-of-way line of Interstate Highway No. 494; thence North 79 degrees 03 minutes 21 seconds East, along said north right-of-way line, a distance of 60.59 feet to the point of beginning. WHEREAS, the City has fully considered the request for approval of the requested signs; and WHEREAS the proposed signs are reasonable and appropriate for their proposed location and purpose; and WHEREAS the proposed signs will not have undue adverse impacts on governmental facilities, utilities, services, or existing or proposed improvements; and WHEREAS the use will not have undue adverse impacts on the public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. Special Council approval is granted for five permanent and three temporary signs, as described in City Council Staff Report No. 258, on the Subject Properties legally described above. 2. This special Council approval is subject to the following stipulations: . All existing banner signs must be removed from the premise before sign permits can be issued. Those temporary signs which are approved by this action shall be allowed to remain until December 31, 2003, or such earlier date as road construction on 76th Street and Penn Avenue has been completed. . The MITIGATIVE PARCEL that will be acquired by Dominium, which is zoned C-2, must be combined with Dominium's MR-3 parcel before the permit for the commercial style sign be granted. . Permits must be obtained for all signs included in this action before the signs are erected. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of October,2001. . ~ \/_ ' n >>;;;;t;;;--_. ~ Martin J. Kirsc, yor ATTEST: