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94-8165r27 RESOLUTION N0. 8165 A RESOLUTION GRANTING A SUBDIVISION WAIVER TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA; AUTHO- RIZING THE SPLIT OF TAX PARCELS 33-028-24-43- 0017 and 33-028-24-43-0016 WHEREAS, the Housing and~Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") is the fee owner of certain real estate located in Hennepin County, Minnesota, having tax identification numbers 33-028-24-43-0017 and 33-028-24-43-0016, and legally described on the attached Exhibit A; and WHEREAS, the HRA desires to sell a portion of the Property (the "Parcel") to CSM Corporation, a Minnesota corporation ("CSM"), pursuant tc a Contract for Private Redevelopment between the HRA and CSM (the "Contract"); and WHEREAS, the Parcel is legally described on the attached Exhibit B; and WHEREAS, pursuant to the Contract and a land exchange agreement with Emerson Avenue Community Church (Congregational), CSM proposes to reconvey the Parcel to the church; and WHEREAS, the proposed conveyances of the Parcel would constitute a subdivision of land under the City's subdivision regulations and would also constitute a split of existing tax parcels; and WHEREAS, there is inadequate time to subdivide the Property by plat prior to the conveyance and construction deadlines imposed under the Contract and land exchange agreement; and WHEREAS, the HRA is currently undertaking the platting of the a larger tract of land which includes the Property and Parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHFIELD: 1. The City Council finds that requiring compliance with the City's subdivision regulations prior to conveyance of the Parcel would create an unnecessary hardship, within the meaning of Minnesota Statutes, Section 462.358, subdivision 4b. 2. The City Council further finds that, because the HRA and/or CSM have undertaken to plat the Parcel after the conveyance, the HRA's and CSM's failure to comply with the subdivision requirements prior to the conveyance of the Parcel does not interfere with the purpose of the City's subdivision regulations. 3. Pursuant to Minnesota Statutes, Section 462.358, subdivision 4b and Section 272.162, subdivision 2, the City Council 1 waives compliance with its subdivision regulations for the conveyance of the Parcel described on the attached Exhibit B. 4. The County Recorder is directed to accept for filing the deed or deeds conveying title to the Parcel described on the attached Exhibit B. Passed by the City Council of the City of Richfield this 1st-day of August, 1994. Martin J. Ki s , Mayor ATTEST: /~ Thomas P. Ferber, City Clerk 2 EXHIBIT A (Legal Description of Existing Tax Parcels) P.I,D. 33-028-24-43-0016 The East 1/2 of the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 33, Township 28, Range 24 AND the West 1/2 of the West l/2 of the Northeast 1/4 cf the Southwest 1/4 of the Southeast 1/4 of Section 33, Township 28, Range 24, except that portion of the above described .land which lies Northeasterly of the following described Line A: Commencing at the Northeast corner of said West 2/5 of the East 5/8 of the North 1/2 of the Southwest 1/4 of the South- east 1/4 of Section 33, Township 28, Range 24, Hennepin County, Minnesota; thence South 00 degrees 08 minutes 11 seconds West, grid bearing, Hennepin County Coordinate System, along the East line of said West 2/5 of the East 5/8 a distance of 290.63 feet to the point of beginning of Line A to be described; thence North 34 degrees 03 minutes 06 seconds West 15.50 feet; thence Northwesterly along a tangential curve, concave to the Southwest, hat~ir_g a radius of 51`_1.33 feet to a point on the Southeasterly line of the right of way of Interstate Highway 35W, according to Hennepin County Recorder Document No. 3772729 and said Line A there terminat- ing. P.I.D. 33-028-24-43-0017 The West 1/2 of the East 1/2 of the Northwest 1/4 of~ the Southwest 1/4 of the Southeast 1/4 of Section 33, Township 28, Range. 24, Hennepin County, Minnesota. 3 EXHIBIT B (Legal Description of Parcel) That part of the Southwest Quarter of the Southeast Quarter of Section 33, Township 28, Range 24, Hennepin County, Minnesota, described as follows: Commencing at the Northwest corner of said Southwest Quarter of the Southeast Quarter; thence North 89 degrees 57 minutes 53 seconds East along the north line of said Southeast Quarter of the Sou~~heast Quarter a distance of 347.71 feet; thence South 0 degrees 09 minutes 58 seconds West a distance of 259.80 feet; thence North 89 degrees 57 minutes 55 seconds East a distance of 31.0.0 feet to the beginning of the land to be described; thence North 89 degrees 57 minutes 55 seconds East a distance of 39.81 feet; thence North 0 degrees 02 minutes 05 seconds West a distance of 28.23 feet; thence northeasterly a distance of 114.12 feet along a tangential curve concave to the southeast having a radius of 114.00 feet and a central angle of 57_degrees 21 minutes 23 seconds; thence north 89 degrees 57 minutes- 55 seconds East a distance of 41.80 feet; thence North 8 degrees 42 minutes 04 seconds West a distance of 15.21 feet; thence northerly a distance of 29.35 feet along a tangential curve concave to the east having a radius of 114.23 feet and a central angle of 14 degrees 43 minutes 12 seconds; thence North 6 degrees O1 minute 08 seconds East a distance of 27.54 feet; thence southeasterly a distance of 148.71 feet along a non- tangential curve concave to the southwest having a radius of 511.33 feet, a central angle of 16 degrees 39 minutes 47 seconds and chord bearing of South 68 degrees 04 minutes 48 seconds east; thence south 44 degrees 33 minutes 55 seconds West a distance of 48.69 feet; thence Southeasterly a distance of 96.12 feet along a non- tangential curve concave to the southwest having a radius of 114.00 feet, a central angle. of 48 degrees 18 minutes 26 seconds and a chord bearing of South 18 degrees 47 minutes O1 seconds East; thence South 72 degrees 02 minutes 05 seconds East a distance of 144.10 feet; thence South 17 degrees 57 minutes 55 seconds West a distance of 112.00 feet; thence North 72 degrees 02 minutes 05 seconds West a distance of 263.91 feet; thence South 89 degrees 57 minutes 55 seconds West a distance of 118.93 feet; thence North 0 degrees 09 minutes 58 seconds East a distance of 52.00 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 4