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98-8567r 25 RESOLUTION NO. 8567 . RESOLUTION AUTHORIZING A SUBDIVISION WAIVER (300 West 78th Street) WHEREAs, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the combination and re-division of certain parcels of land located at 300 West 78th Street and adjacent to the Soo Line railroad, legally described as: 300 West 78th Street: - The West 239 feet of the East 330 Feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, except the State Highway Soo Line Property: Beginning at a point 120 feet Northerly, as measured at right angles, of a point upon the South line of Section 34, Township 28 North, Range 24 which is 91 feet westerly of the Southeast corner of the Southwest Quarter of the Southwest Quarter of said Section 34; thence North 540 feet; thence East 66 feet to a point on the Westerly railroad right of way line; thence South along said Westerly right of way line a distance of 540 feet, more or less, to a point 120 feet Northerly of the South line of said Section 34; thence West to the point of beginning. WHEREAS, the proposed division of land for which the subdivision waiver is sought is as legally described as: Parcel A: That part of the West 305.00 feet of the East 330.00 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, which lies northerly of a line described as beginning at a point in the west line of said East 330.00 feet distant 160.77 feet south of the northwest corner thereof, thence easterly, at a right angle distance of 136.00 feet; thence southerly at a right angle 42.80 feet; thence easterly at a right angle 65.00 feet; thence southerly at a right angle 18.00 feet; thence easterly at a right angle 104.00 feet to a point in the east line of said West 305.00 feet of the East 330.00 feet distant 222.86 feet south of the north line of said Southeast Quarter of the Southwest Quarter of the Southwest Quarter and said line there terminating, except the north 30.00 feet thereof, according to the United States Government survey thereof, Hennepin County, Minnesota. Parcel B: That part of the West 305.00 feet of the East 330.00 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34, Township 28, Range 24, which lies southerly of a line described as beginning at a point in the west line of said East 330.00 feet distant 160.77 feet south of the northwest corner thereof; thence easterly, at a right angle a distance of 136.00 feet; thence southerly at a right angle 42.80 feet; thence easterly at a right angle 65.00 feet; thence southerly at a right angle 18.00 feet; thence easterly at a right angle 104.00 feet to a point in the east line of said West 305.00 feet of the East 330.00 feet distant 222.86 feet south of the north line of said Southeast Quarter of the Resolution No. 8567 -2- Southwest Quarter of the Southwest Quarter and said line there terminating, except that part taken for Interstate Highway Number 494, according to the United States Government survey thereof, Hennepin County, Minnesota. WHEREAS, the two lots resulting from the subdivision waiver will comply with Section 526.29 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 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 the Subject Property legally described above. 2. Future transfers of any of the Subject Property may be by parcel or parcels as described above as Parcel A and Parcel B. 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. Adopted by the City Council of the City of Richfield, Minnesota this 13th day of April, 1998. ~~u Martin J. . sc ,Mayor ATTEST: ~P.~ Thomas P. Ferber, City Clerk