14-10990r RESOLUTION NO. 10990
A RESOLUTION APPROVING SUBDIVISION OF LAND LOCATED AT 6301
BLOOMINGTON AVENUE SOUTH AND WAIVING COMPLIANCE WITH MINN.
STAT. SECTION 462.358, SUBD. 4b(a)AND SECTION 500 OF THE CITY CODE OF
ORDINANCES WITH RESPECT THERETO
WHEREAS, the City is the owner in fee simple of the real estate located at 6301
Bloomington Avenue South, in the City of Richfield, which is described in Exhibit A attached
hereto ("Property");
WHEREAS, the City purchased the Property for public purposes, but has concluded that
the portion of the Property which is legally described on Exhibit B attached hereto and depicted
on Exhibit C attached hereto ("Portion") is not required for said public purposes and is not
foreseen to be required for public purposes in the future, and wishes to subdivide the Property
and convey the Portion to the adjacent owner;
WHEREAS, the proposed subdivision is recommended by the City Director of Public
Works and the City Director of Community Development;
WHEREAS, Section 500.03, Subd. 2, City Code of Ordinances, requires that all
subdivisions of land in the City must be approved by Council resolution pursuant to the
provisions of Minnesota Statutes, Section 462.357;
WHEREAS, Section 500.05, Subd. 1, City Code of Ordinances, provides that no
conveyance of land that constitutes a subdivision within the meaning of Section 500 may be filed
or recorded, if the land is described in the conveyance by metes and bounds;
WHEREAS, Section 500.05, Subd. la, City Code of Ordinances, provides that Section
500.05, Subd. 1, City Code of Ordinances, does not apply to a conveyance if the land
described... (g) is an adjustment of a lot line by relocation of a common boundary, where the
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conveyance does not create an additional lot or space sufficient to construct an additional
residence thereon;
WHEREAS, Section 500.05, Subd. 2, City Code of Ordinances,provides that, in any case
in which compliance with Section 500.05, Subd.1, City Code of Ordinances, will result in an
unnecessary hardship, and failure to comply does not interfere with the purpose of the platting
regulations of Section 500, the City Council may waive such compliance by adoption of a
resolution to that effect, and the conveyance may then be recorded;
WHEREAS, Minnesota Statutes, Section 462.358, Subd.4b(a) provides that in a
municipality in which subdivision regulations are in force and have been filed or recorded as
provided in Section 462.358, no conveyance of land to which the regulations are applicable shall
be filed or recorded, if the land is described in the conveyance by metes and bounds. However,
Section 462.358, Subd. 4b(c) provides that the City, as platting authority, may waive compliance
with the requirements of Section 462.358, Subd. 4b(a) so that the conveyance may by recorded,
if compliance with Subd. 4b(a) will create an unnecessary hardship and failure to comply does
not interfere with the purpose of the subdivision regulations;
WHEREAS, Minnesota Statutes, Section 272.162, Subd. 1 provides that when a deed or
other instrument conveying a parcel of land is presented to the county auditor for transfer or
division under Sections 272.12, 272.16, and 272.161, the auditor shall not transfer or divide the
land or its net tax capacity in the official records and shall not certify the instrument as provided
in Section 272.12, if: (a) the land conveyed is less than a whole parcel as charged in the tax lists;
(b) the part conveyed appears within the area of application of municipal subdivision regulations
adopted and filed under Section 462.36, Subdivision 1; and (c) the part conveyed is part of or
constitutes a subdivision as defined in Section 462.352, Subdivision 12;
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WHEREAS, Minnesota Statutes, Section 462.352, Subd. 12 defines "subdivision" to
mean "the separation of an area, parcel or tract of land under single ownership into two or more
parcels, tracts, (or) lots, ... except those separations ... (3) resulting from court orders, or the
adjustment of a lot line by the relocation of a common boundary; "
WHEREAS, the Council finds that the Portion is an uneconomic remnant, that it is in the
best interests of the public and the City that the remnant be consolidated with the adjacent
property, that such conveyance is simply an adjustment of a common boundary line between two
adjacent properties, that it would be an unnecessary hardship for the current owner of the
Property and the adjacent owner to whom it is proposed that the Portion be conveyed if
subdivision of the Property were denied, and that failure to comply with the provisions of the
City's subdivision regulations and waiver of compliance with the provisions thereof will not
interfere with the purpose of the regulations;
WHEREAS, Section 500.27, City Code of Ordinances, requires that whenever a copy of
a preliminary or final plat or subdivision is filed with the City for approval, published notice
shall be given in the official newspaper of the City of a public hearing to be held not less than ten
(10) days thereafter. At such hearing, all persons interested therein may be heard and the City
Council may thereafter approve or disapprove the plat or subdivision. Subdivisions, after
approval, may be recorded as provided by law; and
WHEREAS, a public hearing was held before the Council concerning the proposed
subdivision, after due notice in accordance with Section 500.27 of the City Code of Ordinances;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield,
Minnesota as follows:
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1. Subdivision of the Property, as described in Exhibit A attached hereto,
between the Portion which is described in Exhibit B attached hereto and the
remainder of the Property, is hereby approved.
2. Compliance with the provisions of Minnesota Statutes, Section 462.358,
Subd. 4b(a) and the provisions of Section 500 of the City Code of Ordinances
is hereby waived with respect to subdivision of the Property as described
herein.
3. This resolution is intended to satisfy the requirements of Minnesota Statutes,
Section 272.162 and Section 462.358, Subd.4b, as well as Section 500 of the
City Code of Ordinances.
4. The City Attorney shall file a certified copy of this resolution against the title
of the Property at the time of conveyance of the Portion which is described in
Exhibit B.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of October,
2014
Debbie Goettel, Mayor
ATTEST:
JJ
Nancy Gib e ity Clerk
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EXHIBIT A
Legal Description of the Property (Real Estate To Be Subdivided)
Lot 20, Block 10, Girard Parkview, according to the plat thereof on file and of record in the
office of the County Recorder in and for Hennepin County, Minnesota.
Property Address: 6301 Bloomington Avenue South, Richfield, MN 55423
A-1
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EXHIBIT B
Legal Description of Real Estate To Be Conveyed
That part of Lot 20, Block 10, Girard Parkview, as is on file in the office of the County Recorder,
Hennepin County,Minnesota described as follows:
Commencing at the southeast corner of Lot 20, Block 10, Girard Parkview; thence South 89
degrees 20 minutes 15 seconds West, assumed bearing along the south line thereof 63.46 feet to the
point of beginning; thence North 60 degrees 28 minutes 37 seconds West, 20.84 feet; thence North
89 degrees 40 minutes 14 seconds West, 48.34 feet; thence South 22 degrees 34 minutes 35
seconds West, 12.32 feet to the south line thereof; thence North 89 degrees 20 minutes 15 seconds
East, 71.21 feet to the point of beginning.
B-1
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EXHIBIT C
Parcel Sketch Depicting Portion of Property To Be Conveyed to Adjacent Owner
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