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96-8397r 72 RESOLUTION NO. 8397 RESOLUTION AUTHORIZING A SUBDIVISION WAIVER 77TH STREET AND VACATED COLFAX AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of a subdivision waiver for the division of certain parcels of land generally located at 77th Street and vacated Colfax Avenue, legally described as: Lots 5 through 11, inclusive, Block 2, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota (the "Subject Property"); and WHEREAS, the proposed division of land for which the subdivision waiver is sought is as legally described 8S: Parcel A: Lots 5 through 11, inclusive, Block 2, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota. EXCEPT the northerly 48.0 feet of Lot 8, except the easterly 4.5 feet thereof; and except the northerly 48.0 feet of Lots 9 to 11, inclusive; Block 2, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota Parcel B: The northerly 48.0 feet of Lot 8, except the easterly 4.5 feet thereof; and the northerly 48.0 feet of Lots 9 to 11, inclusive; Block 2, STRAND-BOWEN SECOND ADDITION, Hennepin County, Minnesota; and WHEREAS, the Subject Property is part of a two-phase retail development owned by CSM Investors, Inc., a Minnesota corporation ("CSM"); and WHEREAS, the division of the Subject Property will facilitate the separation of an entrance drive which affords access to both phases of the development; and WHEREAS, the City has fully considered the request for approval of 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. Resolution 8397 -2- 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 28th day of October, 1996. In ATTEST: ~~/\ p~, Thomas P. Ferber, City Clerk