01-9107r
39
RESOLUTION NO. 9107
RESOLUTION AUTHORIZINGA LOT SUBDIVISION
AND COMBINATION, AND WAIVING THE REQUIREMENT OF A FORMAL PLAT
326 APPLE LANE
WHEREAS, an application has been filed with the City of Richfield (the "City")
which requests approval of the subdivision of the tract of land located at 326 Apple Lane
("Tract 1") into two parcels ("Parcels Band C") and the combination of Parcel B with an
adjacent tract of land ("Parcel A") located at 324 Apple Lane; and
WHEREAS, Tract 1 is legally described on the attached Exhibit A, and is
proposed to be divided into Parcels Band C, which are legally described on the
attached Exhibit B; and
WHEREAS, the proposed Parcel B will be combined with the adjoining Parcel A,
which Parcel A is legally described on the attached Exhibit C;
WHEREAS, the combination of Parcel A and Parcel B will result in a single
parcel of land located at 324 Apple Lane ("Tract 2"), which Tract 2 is legally described
on the attached Exhibit 0; and
WHEREAS, after the subdivision and combination are completed, the resulting
two parcels will be Parcel C (with a street address of 326 Apple Lane) and Tract 2 (with
a street address of 324 Apple Lane), as legally described on Exhibits Band 0; and
WHEREAS, the proposed Parcel B, without further combination, would not
comply with Section 521.25 of the City Code relating to lot area and width; and
WHEREAS, the proposed Parcel B, when combined with Parcel A to create Tract
2, will comply with Section 521.25 of the City Code relating to lot area and width; and
WHEREAS, as the result of a variance approved by the City Council in
September 2001 (01-VAR-04), the proposed Parcel C will comply with Section 521.25
of the City Code relating to lot area and width; and
WHEREAS, the City has fully considered the request for approval for the
subdivision waiver and lot combination; and
WHEREAS, the City Council finds that compliance with the City Code Section
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 Tract 1 into Parcels Band C is hereby
granted, on the condition that Parcel B be combined with Parcel A to create
a single parcel of record, being Tract 2; and
2. The land described as Parcel B must be transferred to the owner of Parcel
A; and
3. After the transfer of Parcel B to the owner of Parcel A, all future transfers of
the lands described in this resolution must utilize the legal descriptions for
Parcel C and Tract 1, until such lands are platted or further subdivided; and
4. City staff is authorized and directed to provide a certified copy of this
resolution to the county auditor and to record a certified copy of this
resolution in the land records of Hennepin County.
Adopted by the City Council of the City of Richfield, Minnesota this 13th day of
November, 2001.
~~fW
Martin J. ch, Mayor
ATTEST:
EXHIBIT A
Legal Description (of 326 Apple Lane) Before Subdivision
That part of Lot 19, "Ralph Milner's Addition" described as follows: Beginning at
the most Easterly corner of said Lot 19; thence Northwesterly along the Northeasterly
line of said Lot 19 to its intersection with a line drawn parallel with the North line of said
Lot 19 and 130 feet South at right angles therefrom; thence on an assumed bearing of
South 89 degrees 14 minutes 28 seconds West along said parallel line a distance of
122.34 feet; thence South 46 degrees 9 minutes 44 seconds East a distance of 111.06
feet; thence Southeasterly to a point on the Southeasterly line of Lot 19, which point is
59.94 feet Southwesterly from said most Easterly corner of Lot 19, as measured along
said Southeasterly line; thence Northwesterly along said Southeasterly line to the point
of beginning.
Parcel C:
EXHIBIT B
Legal Descriptions (of 326 Apple Lane) After Subdivision
That part of Lot 19, "RALPH MILNER'S ADDITION" described as follows:
Beginning at the most Easterly corner of said Lot 19; thence
Southwesterly along Southeasterly line of said Lot 19 a distance of 59.94
feet; thence on an assumed bearing of North 29 degrees 22 minutes 35
seconds West a distance of 56.51 feet; thence North 38 degrees 53
minutes 25 seconds West a distance of 53.52 feet; thence North 5
degrees 14 minutes 19 seconds West a distance of 39.35 feet, more or
less, to its intersection with a line drawn parallel with the North line of said
Lot 19 and 130 feet South at right angles therefrom, said point being 75.90
feet westerly from the Northeasterly line of said Lot 19 as measured along
said parallel line; thence North 89 degrees 14 minutes 28 seconds East a
distance of 75.90 feet of its intersection with said Northeasterly line of Lot
19; thence Southeasterly along said Northeasterly line of Lot 19 to the
point of beginning;
According to the plat thereof on file and of record in the office of the County Recorder in
and for Hennepin County, Minnesota.
Parcel B:
That part of Lot 19, "RALPH MILNER'S ADDITION" described as follows:
Commencing at the most Easterly corner of said Lot 19; thence
Northwesterly along the Northeasterly line of said Lot 19 to its intersection
with a line drawn parallel with the North line of said Lot 19 and 130 feet
South at right angels therefrom; thence on an assumed bearing of South
89 degrees 14 minutes 28 seconds West along said parallel line a
distance of 75.90 feet to the actual point of beginning of Parcel B to be
described; thence continuing South 89 degrees 14 minutes 28 seconds
West along said parallel line a distance of 46.44 feet; thence South 46
degrees 09 minutes 44 seconds East a distance of 111.06 feet; thence
Southeasterly to a point on the Southeasterly line of Lot 19, which point is
59.94 feet Southwesterly from said most Easterly corner of Lot 19, as
measured along said Southeasterly line; thence North 29 degrees 22
minutes 35 seconds West a distance of 56.51 feet; thence North 38
degrees 53 minutes 25 seconds West a distance of 53.52 feet; thence
north 5 degrees 14 minutes 19 seconds West a distance of 39.35 feet,
more or less, to the point of beginning;
According to the plat thereof on file and of record in the office of the County Recorder in
and for Hennepin County, Minnesota.
Existing Legal Description of Parcel A (324 Apple Lane)
That part of Lots 19 and 20, "RALPH MILNER'S ADDITION" and the East 4 feet
of Lots 2, 3 and 4, Block 3, "RALPH MILNER'S 2ND ADDITION", described as follows:
Beginning at a point on the North line of Lot 5, Block 3, "RALPH MILNER'S 2ND
ADDITION", 4 feet West of the Northeast corner thereof; thence East along the North
line of said Lot 5 and the same extended to its intersection with the Southeasterly line of
said Lot 19, "RALPH MILNER'S ADDITION"; thence Northeasterly along said
Southeasterly line to the most Easterly corner of said Lot 19; thence Northwesterly
along the Northeasterly line of said Lot 19 to its intersection with a line drawn parallel
with the North line thereof and 130 feet South at right angles therefrom; thence West
parallel with the North line of said Lot 19 to a point 4 feet West of the East line of Block
3, "RALPH MILNER'S 2ND ADDITION"; thence South parallel with said East line to the
point of beginning; EXCEPT that part of said Lot 19 described as follows: Beginning at
the most Easterly corner of said Lot 19; thence Northwesterly along the Northeasterly
line of said Lot 19 to its intersection with a line drawn parallel with the North line of said
Lot 19 and 130 feet South at right angles therefrom; thence on an assumed bearing of
South 89 degrees 14 minutes 28 seconds West along said parallel line a distance of
122.34 feet; thence South 46 degrees 09 minutes 44 seconds East a distance of 111.06
feet; thence Southeasterly to a point on the Southeasterly line of Lot 19, which point is
59.94 feet Southwesterly from said most Easterly corner of Lot 19, as measured along
said Southeasterly line; thence Northeasterly along said Southeasterly line to the point
of beginning of the tract of land to be exc.epted;
Also that part of Lot 19, "RALPH MILNER'S ADDITION", described as follows:
Commencing at the Northeast corner of Lot 5, Block 3, "RALPH MILNER'S 2ND
ADDITION"; thence East along the extension of the North line of said Lot 5 to the
intersection of said line with the Southeasterly line of said Lot 19 of "RALPH MILNER'S
ADDITION", which point is the actual point of beginning; thence Southwesterly along the
Southeasterly line of said Lot 19 a distance of 15 feet; thence Northwesterly 40 feet to
the intersection with the line running from the Northeast corner of Lot 5, Block 3,
"RALPH MILNER'S 2ND ADDITION" to the actual point of beginning; thence East along
said line to the actual point of beginning;
All according to the plats thereof on file and of record in the office of the County
Recorder in and for Hennepin County, Minnesota.
EXHIBIT 0
(Amended 2-25-02)
Legal Description of Tract 2 (324 Apple Lane) (After Combination)
That part of Lots 19 and 20, "RALPH MILNER'SADDITION" and the East 4 feet of
Lots 2, 3 and 4, Block 3, "RALPH MILNER'S 2ND ADDITION", described as follows:
Beginning at a point on the North line of Lot 5, Block 3, "RALPH MILNER'S 2ND
ADDITION", 4 feet West of the Northeast corner thereof, thence East along the North line
of said Lot 5 and the same extended to its intersection with the Southeasterly line of said
Lot 19, "RALPH MILNER'S ADDITION", thence Northeasterly along said Southeasterly line
of said Lot 19 a distance of 43.62 feet, thence North 29022'35" West a distance of 56.51
feet; thence North 38053'25" West a distance of 53.52 feet, thence North 5014'19" West a
distance of 39.35 feet more or less to its intersection with a line drawn parallel with the
North line of Lot 19 and 130 feet South at right angles therefrom; thence West parallel with
the North line of said Lot 19 to a point 4 feet West of the East line of Block 3, "RALPH
MILNER'S 2ND ADDITION", thence South parallel with said East line to the point of
beginning;
Also that part of Lot 19, "RALPH MILNER'S ADDITION", described as follows:
Commencing at the Northeast corner of Lot 5, Block 3, "RALPH MILNER'S 2ND
ADDITION", thence East along the extension of the North line of said Lot 5 to the
intersection of said line with the Southeasterly line of said Lot 19 of "RALPH MILNER'S
ADDITION", which point is the actual point of beginning; thence Southwesterly along the
Southeasterly line of said Lot 19 a distance of 15 feet; thence Northwesterly 40 feet to the
intersection with the line running from the Northeast corner of Lot 5, Block 3, "RALPH
MILNER'S 2ND ADDITION" to the actual point of beginning; thence East along said line to
the actual point of beginning;
CITY OF RICHFIELD
'>'M'EMORANDUM
FROM:
FILE FOR CITY COUNCIL RESOLUTION NUMBE~
BRUCE SYLVESTER, ZONING ADMINISTRATOR~
FEBRAURY 25, 2002
CORRECTION TO EXHIBIT 'D' FOR RESOLUTION NUMBER 9107
TO:
DATE:
RE:
In February of 2002, an error was found in the original Exhibit 0 for City Council Resolution
Number 9107. Resolution 9107 was passed by the City Council on November 13, 2001.
The first paragraph of the legal description from Exhibit 0 is written below with the
mistaken item struck-out and the correct information underlined:
Legal Description of Tract 2 (324 Apple Lane) (After Combination)
That part of Lots 19 and 20, "RALPH MILNER'S ADDITION" and the East 4 feet of
Lots 2,3 and 4, Block 3, "RALPH MILNER'S 2ND ADDITION", described as follows:
Beginning at a point on the North line of Lot 5, Block 3, "RALPH MILNER'S 2ND
ADDITION", 4 feet West of the Northeast corner thereof, thence East along the North line
of said Lot 5 and the same extended to its intersection with the Southeasterly line of said
Lot 19, "RALPH MILNER'S ADDITION", thence Northeasterly along said Southeasterly line
of said Lot 19 a distance of ~ 43.62 feet, thence North 29022'35" West a distance of
56.51 feet; thence North 38053'25" West a distance of 53.52 feet, thence North 5014'19"
West a distance of 39.35 feet more or less to its intersection with a line drawn parallel with
the North line of Lot 19 and 130 feet South at right angles therefrom; thence West parallel
with the North line of said Lot 19 to a point 4 feet West of the East line of Block 3, "RALPH
MILNER'S 2ND ADDITION", thence South parallel with said East line to the point of
beginning;
I have updated the City records for this City Council Resolution Number 9107 in both the
City Clerk's office and in the Community Development Department's records.
This memo and a corrected copy of Exhibit '0' has also been sent to the applicant along
with a request that the original and mistaken exhibit be destroyed and replaced with this
new and corrected exhibit. .
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